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HomeMy WebLinkAboutCC 2021-11-18 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 00* * INCORPRRATEO 1808 /\ Its Meeting Minutes Thursday, November 18, 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 Christine King, Commissioner, District Five Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes November 18, 2021 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chair Russell, Commissioner Diaz de la Padilla, Commissioner Carollo, Commissioner Reyes and Commissioner King On the l8th day of November 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 9:48 a.m., recessed at 12:45 p.m., reconvened at 3:29 p.m., recessed at 6:50 p.m., reconvened at 7:53 p.m., and adjourned at 10:19 p.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Vice Chair Russell: The meeting will be opened with a prayer by Commissioner Reyes and the Pledge of Allegiance by Commissioner King. Commissioner Reyes: Please stand up. Invocation and pledge of allegiance delivered. Vice Chair Russell: Thank you. You may be seated. And if you'll indulge me, I was inspired this week by the actions of our neighbors to the south on the 15th of November and 1 just wanted to read some words. A poem that you'll probably recognize. (Comments made in Spanish not translated). Commissioner Reyes: Thank you, sir. Vice Chair Russell: Did I say it right? Commissioner Reyes: Yes, you said it perfectly, and the message is well taken. And that's what we have to always have as a motto, you see. Thank you. Commissioner Carollo: I think that deserves a big thank you from all of us, particularly of Cuban -American descent. But La Rosa Blanca, the White Rose, on the 15th of this month, it was the White Rose that defeated the whole regime, its military, its police, because while they were successful, overall, in preventing the Cuban people from going out in the streets and demonstrating against them and asking for their freedom, the few that were able to go out were beaten or thrown in jail, that white rose spoke so loudly, worldwide, because indeed that regime was defeated that day by that white rose that was seen throughout television, photographs, throughout the whole world. And again, because of that brave young generation of Cubans that was born under that communist regime, because of that young generation screaming for liberty and showing to the world what they are, a bunch of assassins and thugs, the world has no longer looked at them like it used to at one time, the Robin Hood of Americas. So indeed, the regime lost on the 15th because while they were able to silence most of the Cubans on the island, their voice through that white rose was heard throughout the whole world and here in America from coast to coast because every cable channel, every major television station spoke about the oppression that they were committing upon the Cuban people. Vice Chair Russell: Thank you, Commissioner. City of Miami Page 1 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 PART A - NON -PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS PR.1 11089 PROTOCOL ITEM Honoree Presenter Protocol Item Miami Police Department Shield Team Mayor Suarez and Commissioners Certificate of Merit Clint Glenn, Solid Waste Employee Mayor Suarez and Commissioners Certificate of Merit National Adoption Day and Adoptive Parent Recognition Mayor Suarez and Commissioners Proclamation Bakehouse Art Complex 35 Year Celebration Mayor Suarez and Commissioners Proclamation European Parliament Visitors Mayor Suarez and Commissioners Certificate of Merit RESULT: PRESENTED 1) Mayor Suarez and Commissioners presented a Certificate of Merit to the City of Miami Police Department Shield Team in recognition of their service which represents the best qualities of the City of Miami Police Department. The Miami Police Shield Team is committed to making the City of Miami the safest city in the United States and serves the community through information sharing and multi - agency partnerships for counter terrorism, homegrown violent extremists, and crime. The Miami Police Department Shield Team has been established to educate, train, and forge partnerships with the community and is the first and only Shield Team in the State of Florida. Furthermore, the team was chosen to host the 3rd Global Shield Network Conference October 14-15, 2021, bringing international recognition to the City of Miami. Elected Officials paused in their deliberations to commend the Miami Police Department Shield Team for their innovation and commitment to public service, dedication and service to our community and their contribution to the advancement of the quality of life in the City, of Miami. 2) Mayor Suarez and Commissioners presented a Certificate of Merit to Mr. Clint Glenn. Mr. Glenn is a City of Miami Solid Waste Employee for more than 21 years. Elected Officials paused in their deliberations to pay tribute and thank him for elevating the quality of life in the City of Miami. Furthermore, Commissioners wished him good luck in his future endeavors as he continues to deliver excellent customer service while keeping the City of Miami clean. City of Miami Page 2 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 ORDER OF THE DAY 3) Mayor Suarez and Commissioners recognized National Adoption Day. National Adoption Day is observed on November 20, 2021 and is a collective effort to raise awareness of children waiting to be adopted from foster care in the United States. Adoptive parents were saluted for becoming adoptive parents and for giving a family to the youth in the community. Additionally, they were recognized for providing a haven, a forever family, security, and endless love to a child in need. Elected Officials paused in their deliberations to proclaim "National Adoption Day" in the City of Miami. 4) Mayor Suarez and Commissioners paid tribute and presented a Proclamation to Bakehouse Art Complex in celebration of 35 years of service. Bakehouse is one of the oldest artist -serving organizations in Miami. Founded in 1985 by artists and for artists in a former industrial Art Deco -era bakery, Bakehouse Art Complex provides studio residencies, infrastructure, and community to enable the highest level of artistic creativity, development, and collaboration for the most promising talent. Elected Officials paused in their deliberations to proclaim "Bakehouse Art Complex Day" in the City of Miami. 5) Mayor Suarez and Commissioners recognized and saluted various distinguished visitors from the European Parliament and Congress. These distinguished guests visited the City of Miami to express solidarity in support of freedom fbr Cuba, Venezuela, and Nicaragua. The City of Miami is home to many residents whose countries are oppressed. These visitors expressed their support to the City of Miami. Elected Officials paused in their deliberations to salute the European Parliament visitors and thanked them for their support. Vice Chair Russell: We'll now break for proclamations and presentations. I believe the Mayor's Once and a few commissioners may have some presentations to make. Presentations made. Vice Chair Russell: -- Good morning. Morning, everyone. Welcome to the November 18, 2021 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 the City Commission appearing for this meeting are Ken Russell, Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes, and Christine King. Applause. Commissioner Carollo: Now -- now that you mentioned Christine King. She is our newest commissioner, a commissioner that showed that she has the mass support of her district, someone that I intend to work closely with, because this Commission here, while we're all different from each other, we all have different ideas, different ways of accomplishing positive things for the city. We're united in one thing, and that's the betterment of the city of Miami. And Commissioner, you have my commitment that in anything that's important for our city, and in particular your district, I will support you. Vice Chair Russell: Thank you, Commissioner. Commissioner King: Thank you. City of Miami Page 3 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Carollo: Welcome. Vice Chair Russell: Also appearing on -- Commissioner Diaz de la Portilla: I would like -- Vice Chair Russell: -- you're recognized, Commissioner. Commissioner Diaz de la Portilla: I would like to add, I'm very proud of you. What you did for your community, what you've done for your community over the last more than a decade, serving that community was reflected in the election results. You have a mandate from your community. You didn't win, you have a mandate. And I know that you will govern the right way, that you care about your community, you know your community, and 1 am proud to be serving with you, Commissioner. So welcome to the Miami City Commission. Be careful what you askfor. I just warn you, be careful what you ask for. But think you're going to be a great -- I know you're going to be a great Commissioner. And I also want to welcome you. I'm very proud of the work you did in your campaign. And I know I'm going to be even more proud of the work you're going to do for this city moving forward. And I lookforward to working with you also. Thank you, Commissioner. Vice Chair Russell: Thank you. Commissioner Carollo: Hold on, hold on. Commissioner Reyes: Hold on a second. Commissioner Carollo: He wants to say something nice about me too, hold on. Commissioner Diaz de la Portilla: I was going to, you didn't let me finish. Commissioner Carollo: I know (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: I turned that way, I was turning that way now. I also want to congratulate Commissioner -- Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: -- Carollo because Commissioner Carollo, once again, once again I'll say it, you've proven that the people that you represent love you and support you, and you had an overwhelming mandate as well. She got more votes than you did, that's okay, but still, it was very, very -- Commissioner Carollo: She's got a bigger district. Commissioner Diaz de la Portilla: We're going to fix that now. But seriously, I look forward to a new commission and a new day moving forward and this Commission working together because I know that we all want the same thing. We want to move Miami forward. And I look forward to working with everyone. And Commissioner, congratulations. And the Mayor is not here, but to congratulate the Mayor, too, on his also overwhelming -- Commissioner Carollo: Absolutely. Commissioner Diaz de la Portilla: -- whenever you have elections and people win, and candidates win by overwhelming margins, it shows the support that they have in their community. And I think the mayor showed that. I think you showed that, City of Miami Page 4 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Carollo. Obviously, you showed that, new Commissioner King. And now we work for our communities. And we -- we may disagree. We may disagree at times, but, you know, we agree to not be disagreeable. And that's what we do as we move forward. Vice Chair Russell: Thank you. Commissioner Diaz de la Portilla: So congratulations. Commissioner Carollo: Thank you, Commissioner. Vice Chair Russell: Commissioner Reyes, you're recognized. Commissioner Reyes: Well, I'm going to be very short. I'm just going to congratulate both of these commissioners for the mandate that both received. They have the full support of the people -- the voters in the district. And as I stated a little while ago to Commissioner King, we are here to serve, and if anything you need, you see, I'm offering my office because I know that 1 remember when I first got here, you see, I was kind of at a loss because I didn't know how to work. But anything that you need feel free to use one of my -- my staff for any help that we can provide, just feel free to come and ask and whatever you need. Okay? Welcome and congratulations. Congratulations to both of you. Vice Chair Russell: Commissioner King, you are very recognized. Commissioner King: I'd like to thank my colleagues for that warm -- I'd like to thank my colleagues for that warm welcome. I am looking forward to serving with all of you. How could I not? Four handsome gentlemen and me being the only woman, they're going -- Commissioner Diaz de la Portilla: You're too kind. Commissioner King: -- to spoil me so much and Ilook forward to it. And like Commissioner said, you know, we are a family now. We may not always agree, but we are united in serving the community, and we are going to do that for the betterment of our constituency, and I am just so thrilled and so honored to be here with you guys and I just can't wait to get ready to get to work, so thank you so much. Applause. Vice Chair Russell: Thank you, Commissioner, and congratulations. Also appearing are City Manager Art Noriega, City Attorney Victoria Mendez, and City Clerk Todd Hannon. [Later...] Vice Chair Russell: Good morning Madam City Attorney. Please state the procedures to be followed during this meeting. Victoria Mendez (City Attorney): Good morning. Thank you for reading the poem by Jose Marti. I just wanted for those that didn't know Spanish to remember that it's a famous poem and thank you for reading it. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and comply with related City requirements by lobbyist before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the code section about lobbyists is available in the City Clerk's Office or online at www.municode.com. Any person making a presentation, City of Miami Page 5 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 formal request, or petition to the City Commission concerning real property will make the appropriate disclosures required by law. A copy of this code section is available at the City Clerk's Office or online at www.municode.com. The City of Miami requires anyone requesting action by the City Commission must disclose, before the hearing, any consideration provided or committed to anyone for agreement or support to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. In accordance with section 2-33(0 and (g) of the City Code, the agenda and material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at www.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 at approximately 9:00 a.m. and remain open until public comment is closed by the Chair. Members of the public wishing to adhere -- to address the body may do so by submitting written comments via online form. Please visit www.miamigov.com/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been and will be distributed to elected officials and City Administration throughout the day so that the elected officials can consider the comments prior to taking any action. Public comment may also be provided live at City Hall subject to any and all City rules that may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard will be at such later date before the City Commission takes action. When addressing the City Commission, a member of the public must first state his or her name, his or her address, and the item that will be spoken about. Any person with a disability requiring assistance, auxiliary aids, and services for the meeting may notify the City Clerk. The City has provided different public comment methods to indicate, among other things, the public support, opposition, or neutrality on items and topics to be discussed by the City Commission in compliance with Section 286.0114(4)(c) Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and 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 a matter considered may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at www.miamigov.com. PZ (Planning and Zoning) items will proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance, as temporarily modified pursuant to Emergency Ordinance Numbers 13903 and 13914. Pursuant to these emergency ordinances, parties for the PZ items, including any applicant, appellant, appellee, City staff and any person recognized by the decision -making body as a qualified intervener, as well as the applicant's representatives. Any experts testifying on behalf of the applicant, appellant, or appellee may either be physically present at City Hall to be sworn by oath or affirmation by the City Clerk or may appear virtually and make arrangements to be sworn in by oath or affirmation, in person or at their location by the individual qualified 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 Commission shall disclose any ex parte communications pursuant to Florida Statute Section 286.0115 and section 7.1.4 of the Miami 21 Zoning Ordinance. Staff will briefly present each item to be heard. For applications requiring City Commission approval, the applicant will present its application or request to the City Commission. If the applicant goes -- agrees with staff recommendation, the City Commission may proceed to the deliberation and decision. The applicant may also waive the right to an evidentiary hearing. The order of presentation shall be as set fOrth in Miami 21 and the City Code providing the appellant shall speak first. For appeals, the appellant will present its appeal to the City of Miami Page 6 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 City Commission, followed by the appellee. Staff will he allowed to make any recommendations they may have. Please silence any cell phones and other making devices at this time. This meeting will be viewed live on Miami TV, the City's Facebookpage, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast will also have closed caption. Thank you. Vice Chair Russell: Thank you, Madam City Attorney. Good morning, Mr. Clerk. Todd B. Hannon (City Clerk): Thank you, Chair. Vice Chair Russell: Please state the swearing -in procedures to be followed during this meeting. Mr. Hannon: Yes, sir. 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 -- City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the Clerk -- the City Clerk, immediately after I finish explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for planning and zoning items and/or quasi-judicial items. Pursuant to Emergency Ordinance Number 13903, those individuals appearing remotely may be sworn in at their location by an individual qualified to administer the oath. After you are sworn in, please be sure to complete, sign, and notarize the affidavit provided to you by the City Attorney's Office. Each individual who will provide testimony must be sworn in and execute an affidavit. Please email a scanned version of the signed affidavit to the City Clerk at thannon@miatnigov.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 have established for this meeting? Vice Chair Russell: Yes. Mr. Hannon: Chair, may I administer the oath? Vice Chair Russell: Yes, please. Mr. Hannon: Thank you, Chair. Good morning, ladies and gentlemen. Good morning, ladies and gentlemen. If you will be speaking on any -- on any of today's planning and zoning items, planning and zoning items only, may I please have you stand and raise your right hand. The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Vice Chair Russell: Thank you very much. [Later...] Vice Chair Russell: Thank you very much for your patience, everyone. We will now move to the order of the day and set our agenda, after which we will take up public comment. And if anyone has any pocket items, well bring those during the order of the day to add them to the agenda as well. City of Miami Page 7 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Reyes: You want my pocket item now? Vice Chair Russell: 1 think 1 have yours here. Commissioner Reyes: You have it? Okay. You have a copy there? Okay. Alright. Vice Chair Russell: I'm just waiting for the manager. Mr. Manager, order of the day. Mr. Manager, does the Administration have any items they'd like to see withdrawn, continued, or deferred? Arthur Noriega (City Manager): So, good morning, Mr. Vice Chair, Commissioners, Madam City Attorney, Mr. City Clerk. At this time the Administration would like to defer and or withdraw the following items: PH.1 to be indefinitely deferred; RE.1 to be withdrawn; PZ.1 to be indefinitely deferred; PZ.2 to be indefinitely deferred; PZ.5 to be deferred to the December 9th meeting; PZ.10 to be deferred to the January 27th meeting. Vice Chair Russell: I'm sorry, which was that last one? Mr. Noriega: PZ.10 Vice Chair Russell: To the January -- Mr. Noriega: 27th. PZ.11 to be deferred to the January 27th meeting and PZ.12 to be deferred to January 27th. That concludes the items. Commissioner Diaz de la Portilla: Can you do it again? Mr. Noriega: And now PZ.14 to December 9th as well. Commissioner Diaz de la Portilla: Mr. Chairman? Vice Chair Russell: Yes, Commissioner. Commissioner Diaz de la Portilla: Can you do it again, Mr. Manager? Mr. Noriega: Sure. Commissioner Diaz de la Portilla: Sorry. Mr. Noriega: PH1 to be indefinitely deferred; RE. 1 to be withdrawn; PZ.1 to be indefinitely deferred; PZ.2 to be indefinitely deferred; PZ.5 to be deferred to December 9th; PZ10 to be deferred to January 27th; PZ.11 to be deferred to January 27th and PZ.12 to be deferred to January 27th. Vice Chair Russell: And then you said PZ.14? Mr. Noriega: And PZ.14 to December 9th. Vice Chair Russell: December 9th. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: Are there any items that commissioners would like to see? Commissioner Reyes: Yes, if I may. City of Miami Page 8 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: You may. Commissioner Reyes: I'm going to ask something that you would not like, but I would like to defer RE.8. And the reason for it is you know that I -- my position on CRAs (Community Redevelopment Agency), that being one of the precursors of CRAs, the first one I was the economist of it, but I -- that the CRAB, they should exist as long as slum and blight exists in the area, and then it should sunset. But now I know that some of the funds of the Omni are going to be used for low-income housing, so the CRA, that is fine with me. However. However, I -- I always thought that we should share the additional taxes of the TIF (Tax Increment Financing), and I found out that our beloved Dade County, Miami -Dade County, it is going to receive 35 percent of the Omni CRA annual TIF revenue. That is something that 1 will like --1 have my attorney that works with me, on the possibility -- because if they are going to receive 35 percent of the TIF, the total TIF, they are receiving 35 percent of our TIF. So, what I'm going to propose is that we either receive 35 percent or 40 percent of our TIF, you see, and we use that additional revenue into whatever is needed in our city. And that way, I mean, we don't allow -- if they are receiving it, what's good for the goose is good for the gander•, you see. And I want to analyze this further and see if it is legal. The City Attorney has the question about it, but 1 would like for us -- for us to include also that we are going to have a share of that TIF. That is not going to go only to Dade County. Vice Chair Russell: So, your request commissioner is to defer the item? Commissioner Diaz de la Portilla: Chair. Vice Chair Russell: Just a moment. Commissioner Reyes: Defer the item just until we get it clear. What are they doing, how are they doing, and if we can do it, too. Vice Chair Russell: Thank you. And just to respond, as the chair of the CRA, this item was approved at the CRA, and I'm very comfortable with it in its current form. It's taken years to negotiate between the City, the County, and the CRA itself. So, I am comfortable with it moving forward today, but of course, it's the will of this body. Commissioner Diaz de la Portilla: Of course, well, you may be comfortable with it, but the deal you negotiated was a horrible deal because the County gets 35 percent. And I concur with Commissioner Reyes. That deal is a horrible deal. So, the City can do better, we can do better, I think. This Commission can do better. And also, the -- only the extension for the CRA to the Omni CRA and not the other CRAs is also a problem. So, in essence, look, this -- this is something that needs to be debated. I disagree with Commissioner Reyes in the sense that I like the concept of community redevelopment agencies, but I agree with him that we shouldn't let the county bully us into giving them our money. It was going to go to certain areas in our city, it stays in our city, but the county should not ask for a representative on the board, number one. Number two, to get 35 percent of our TIF money and hold that over our head so we can get an extension. Now, we know we need an extension because we can't finance the projects that we want to finance across the board without the extension. But that's what we -- you know what, it's up to those interested parties beyond us to go and lobby the county and make sure the county understands this is a community redevelopment agency of the City of Miami, not of Miami -Dade County. So, I agree with Commission Reyes that we defer the item `til we have further debate on this and we come up with a better deal. Commissioner Reyes: Yes. City of Miami Page 9 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Diaz de la Portilla: And with all due respect, Mr. Chairman, you cut a had deal. We have to cut a better one. Vice Chair Russell: Thank you. I don't believe that the county will budge on their 35 percent, but if the city would like to change -- Commissioner Diaz de la Portilla: I do. We have a new county commission, and we'll have an even better county commission next year, and we'll do what we need to do. But in rushing -- in rushing to cut a deal, it was a bad deal. Why in the world would you give the county all this leverage over us? That's a bad deal. Commissioner Reyes: Let me explain something there. Vice Chair Russell: You're recognized. Commissioner Reyes: You see when I -- when I read this, when I read this, when it says, you see, the county in an amount equal to 35 percent of the only Omni CRA annual TIF revenue. Let me, I mean, let me clarifv what do they mean by the TIF revenue. You see it is every additional property taxes that has been created due to the development that has been there, that occurred there. So, the city is receiving only the taxes, property taxes, based on what was at the Omni before the CRA was created you see. But when they are receiving, and every property taxes has two components, county and city. And what they're doing is they're taking 35 percent of our part also, you see. And that is not -- I don't care, they wouldn't bulge, but we will do everything that is possible to get what is ours. If they're going to get 35 percent, they get 35 percent of their portion of county -- county -- TIF, tax increment. But then we would get 35 percent of the city tax increment. And that would represent, for our general revenue, about $3 or $4 million that could be used in streets in District 1, District 5, District 4, 2, or whatever we need. Commissioner Diaz de la Portilla: And we can bond that out. Commissioner Reyes: And we can bond it out. Commissioner Diaz de la Portilla: So, it's even more money. Commissioner Reyes: Okay. And that will also increase our bonding capacity, you see? I think that we have to be a little bit more aggressive, you see, and protect our revenues as much as we can. And that is my, that is why as soon as I read this, I got my in-house attorney reading it. Yesterday, I spoke with Madam City Attorney, and we are -- I mean, we still don't know if the State's going to approve of this, but if they approve of 35 for the county, they got to approve 35 for us. And I mean, I don't agree with giving us 35 percent of our tax increment to the county or anybody else, okay. That is my position and that's' why I'm asking for a deferral so we can clam this. Commissioner Diaz de la Portilla: And he's only asking for a deferral, Chairman. Commissioner Reyes: I'm not voting it down; I'm just asking for a deferral. Commissioner Diaz de la Portilla: He's just asking for a deferral, so I think in due deference -- Commissioner Carollo: Let me -- Commissioner Diaz de la Portilla: -- you allow him to have a deferral, we do a deferral, and we come back on December 9th and talk about it. City of Miami Page 10 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: Commissioner Carollo, you're recognized. Commissioner Carollo: Thank you. I don't know if the Chair had much to say on this or not. I think the County was driving this from the beginning. However, there was a former County Commissioner there, that was the one that was driving it. What really bothers me is that our legal teams didn't come to us much sooner. That -- that bothers me. And I'm talking including CRA legal teams. At the same time, I need to know what that 35 percent comes to in dollars. (COMMENTS MADE OFF THE RECORD) Commissioner Carollo: Yeah. None of us have any idea right now what does it come to. And if the County is going to be so greedy in trying to, you know, they give in one hand but they're taking in the other what they gave, look, we might have to consider into the future just taking our money and putting it in the general fund and we could do a lot with it. Right now, there's no less than $25 million, that if we did not have the CRA, would go to the general fund. And -- Commissioner Reyes: A little bit more. Commissioner Carollo: -- or, well, this is right now, I'm saying at the low end. Now, I think we have another seven years or so of the Omni CRA without doing anything. By the time that those seven years comes, it might be another $10 million. It might be up to $35 million. And then you look at the bonding capacity on that, it's also big. So, you know, we have to be very clear on what we're doing here. I think the County has overreached -- Commissioner Reyes: Yes. Commissioner Carollo: -- fully on this, and it's either our CRA or it's not. And if it's not, then I think we might have to reconsider what we're doing here into the future. But that's one person's opinion. Right now, the only motion before us is to defer to get more information, and part of that information that I want is dollars and cents. Commissioner Reyes: Yes. Commissioner Carollo: What does this 35 percent come to in dollars? Vice Chair Russell: Commissioner Reyes, you're recognized? Commissioner Reyes: Yes, I did ask that question, and they're still crunching numbers. But I did ask that question, but if I remember from before, when, Mr. Manager, do you have an estimate of how much it is that we are losing on our side? I mean, on the City tax increment that we are not receiving at this time? Okay, we asked for it. Mr. Noriega: We'll get it for you. Commissioner Reyes: We asked for it. I would say, let's say that it is -- it is $10 million, just to have a very easy number. 35 percent of $10 million is $3.5 million, you see. $3.5 million that could be used as -- I mean, you know, in -- as -- revenues that will cone and will back bonds, or we can use it on public works, or we can use it in other areas, okay? And that's -- that's a fact. And we cannot be -- our city, we cannot be doing deals that we're losing money. I mean, if they can do it, they can do it, it is -- it doesn't read here that they are going to get 35 percent of their tax increment. No, of the total. And as I explained before, the total has two parts. Our tax increment, the one that it is -- should go to the city, and the one that should go to county, you City of Miami Page 11 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 understand? And they're taking -- they're scheming 35 percent of the top. Well, we want our 35 percent, if they are scheming it, okay? And that is why 1 want to -- just before this, discuss it and analyze it and see what we can do. Vice Chair Russell: Alright, so -- Commissioner King: Mr. Chair? Vice Chair Russell: Yes, you're recognized. Commissioner King: Ifl may. 1 support the deferral. What is happening in the Omni CRA will have a direct impact on what would happen with the Overtown CRA, and I'd like to do a deeper dive and have more information. So, 1'djust like to state that I would be in support of deferring the item so that we can all be more informed. Vice Chair Russell: Absolutely. Commissioner Reyes: So, I move it. Vice Chair Russell: Clearly -- yes. Clearly, the will is here to defer the item, and there's an unreadiness to accept it as it is. But I'd like to clarify some things. The Omni CRA area is in much need of investment, and a CRA is a very effective tool that all of us have appreciated utilizing. Now, before any of us were on this dais, this Omni CRA did not achieve its mission. It did not create one unit of affordable housing in its entire first generation until we came on as a board. The T1F deals that we've put in place, the grants that we've put in place, will create the greatest opportunity for affordable housing in the city, because of the density and intensity that is available to us in the area right on public transit, right in the center of the city, right near our core. This agreement may not be perfect, but the County is not taking any of the City's money. The county is taking a portion of their tax increment. Commissioner Reyes: Well, it doesn't -- Vice Chair Russell: I'm sorry, please let me finish because I was cut off before. This deal was negotiated under Chairman Diaz de la Portilla when he was the chairman of the CRA. Commissioner Diaz de la Portilla: That's not true. Vice Chair Russell: Fair enough. Commissioner Diaz de la Portilla: No, no, no, that's not -- Vice Chair Russell. • You can disagree. Commissioner Diaz de la Portilla: No, not disagree, it's just not true. Vice Chair Russell: Fine. Commissioner Diaz de la Portilla: That's not true. Vice Chair Russell: And I disagree with you saying -- Commissioner Diaz de la Portilla: I never would have cut this deal, my friend. Vice Chair Russell: But I am -- City of Miami Page 12 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Diaz de la Portilla: I never would have cut this deal. You signed a deal that gave our money away to the county. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: That gave representation away to the county. I never would have signed that deal. Vice Chair Russell: And did you vote for it at the CRA? Commissioner Diaz de la Portilla: I voted for it at the CRA -- Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: -- to begin the conversations. I never voted for the final deal that you signed. So don't -- Vice Chair Russell: You did. Commissioner Diaz de la Portilla: -- do not pretend that this is not your deal. Vice Chair Russell: I'm just going to make clarifications. Commissioner Diaz de la Portilla: The fact that you can't find any support in this dais. Vice Chair Russell: No, no, no, I'm owning it. As the Chair of the CRA, I'm owning it - Commissioner Diaz de la Portilla: You own it, and you own it 100 percent. Vice Chair Russell: Because it's the good things that we need to do. Commissioner Diaz de la Portilla: You own it, and you own it 100 percent. Vice Chair Russell: Commissioner, I didn't interrupt you? You've interrupted me twice now. Commissioner Diaz de la Portilla: No, I'm just answering you, you mentioned my name. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: And I'm responding to something that's simply not true. You own it, and you own it 100 percent. Vice Chair Russell: Absolutely. Commissioner Diaz de la Portilla: And it's a bad deal. Vice Chair Russell: No, it's not. Commissioner Diaz de la Portilla: Oh, it is. Vice Chair Russell: The County is not going to change, this is the -- Commissioner Diaz de la Portilla: Everybody here thinks it is, except you. City of Miami Page 13 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: If you would please just allow us to speak one at a time. Commissioner Diaz de la Portilla: Sure. Vice Chair Russell: It would really help us have a productive conversation. Commissioner Diaz de la Portilla: Of course, but if you're mentioning my name and you're asserting that certain things are not true. Vice Chair Russell: We mention each other's names regularly on this dais. Commissioner Diaz de la Portilla: I know Vice Chair Russell: And I waited my turn. Commissioner Diaz de la Portilla: But you mentioned my name -- Vice Chair Russell: And then correct you when the deal was negotiated. Commissioner Diaz de la Portilla: -- and you said that I was part of the deal. I do not want to own any part of this deal. Commissioner Carollo: Gentlemen -- Commissioner Diaz de la Portilla: Thank you. Commissioner Carollo: -- can I interject for a second? Commissioner Diaz de la Portilla: Yes, sir. Commissioner Carollo: Neither you nor him own it until we finalize. Commissioner Diaz de la Portilla: That's the whole point. Commissioner Carollo: So, nobody owns it. Commissioner Diaz de la Portilla: The idea. But somebody owns the idea. I don't own it. Nor do I want it. Commissioner Carollo: So why don't we vote on the deferment and move on? Commissioner Diaz de la Portilla: Yes, sir. Vice Chair Russell: So, if I could just finish my statement, please, gentlemen. Commissioner Carollo: I want to have -- Commissioner Diaz de la Portilla: I think the will of the body -- I think the will of the body is clear. I agree, Commissioner. The will of the body is clear. It's 4-1. Let's just defer the item. Vice Chair Russell: There's no 4-1 because there's been no vote taken. Commissioner Diaz de la Portilla: Well, let's take the vote. City of Miami Page 14 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: No, I'm going to finish my, statement and hopefully I'll get through it. Commissioner Diaz de la Portilla: Hopefully. Commissioner Reyes: Go right ahead, sir. And I would like to be recognized afterwards. Vice Chair Russell: Absolutely. Commissioner Carollo: Guys can -- Vice Chair Russell: Absolutely. Now, Commissioner, please. Commissioner Carollo: Can we try to move forward and -- Vice Chair Russell: Nope. I would like to finish my statement. Commissioner Carollo: Alright. Vice Chair Russell: Everyone gets to speak their piece up here. Commissioner Carollo: You do. Vice Chair Russell: Everyone gets to speak their piece up here. Commissioner Carollo: I'm just trying to set the right example for our new Commissioner in her first meeting. That's all. Commissioner Diaz de la Portilla: We're trying to give a sense of civility. Vice Chair Russell: Then let's not interrupt each other. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: The Omni CRA has many, many projects in place, both TIF deals and grants, that can only be executed if this CRA is extended. All of the potential opportunities we have there depend on us extending this CRA. And we have to look at all of the CRAs and the precedent set by the county. They're not going to change their 35 percent. If we want to change our portion, we can do that. We can do that as a CRA, we can do that as a City, but it will set back the entire process of this CRA carrying out its mission for quite some time. But that could be the will of this body. That 35 percent is not going out to the county either. It is slated to be spent within the footprint of the CRA. So, all this money is going to benefit the City of Miami, and we get to direct it as a body of the CRA. So, I just wanted to clarify some misconceptions. Commissioner Reyes, to what date would you like this item deferred? Commissioner Reyes: Let me clarify some of what you said, sir. And for your information, the County portion is only $11 million, City portion is $19 million. 35 percent of 19 million dollars is -- it's $6.5 million that will come to the City coffers. As I'm reading -- I'm reading this is from the county, I'm reading, it says the -- it says the county will receive -- shall provide funding to Miami, the CRA shall provide funding to Miami -Dade County in an amount equal to 35 percent of the Omni annual TIF revenue, Omni annual TIF revenue, or $25 million, whichever is less, okay, per year, through September 30, 2047. Sir this -- and also it goes -- it goes further and says, once the. funds are returned to the County pursuant to this Subsection (C) (D), the County use of the funds shall not be subject to disagreement or any restrictions or City of Miami Page 15 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 requirements of Chapter 163. What you are saying, sir, is not necessarily correct. What I'm saying is, let's analyze this because according to what 1 have in front of me and what made me ask for a deferral so we can -- we can clarify this, it is not the TIF received by the county. It is the tax increment, the total tax increment that they are going to get 35 percent, see? If they were going to receive only 35 percent of $11 million, it is 3. -- not even $4 million, and they're asking for $25 million. What I'm saying is, it is the CRA, the tax increment, is composed of our additional taxes the city should have gotten, and additional taxes that the county should of gotten, that instead of getting to the -- I mean, getting those funds to the city for our general revenue use, it stays within the CRA area. Well, the County is getting the -- a part of that tax increment, which includes our, you see. Vice Chair Russell: Alright. What date would you like the deferral to? Commissioner Reyes: I don't know. I would like to have a -- not -- Commissioner Carollo: January. Commissioner Reyes: In January. Commissioner Diaz de la Portilla: January's better. Commissioner Reyes: January will be great. So every one of us can -- you see, this is for any one of us to analyze and to read. You see, Vice Chair Russell: The first meeting in January, Mr. Clerk? Commissioner Diaz de la Portilla: Or the second one? Commissioner Reyes: Second. Vice Chair Russell: Second meeting in January. Commissioner Carollo: Second meeting in January. Vice Chair Russell: That is January 27th, correct? Commissioner Carollo: Right. Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: That is RE.8 to be deferred to January 27th. And in the meantime, Mr. Manager, I'd like to have our Budget Office talk to each Commissioners' Office, not the CRA Administration, but our City Administration, talk to each Commissioners' Office to clarify the discrepancies on how the TIF is divided, what the claw back involves, what percentages, because I -- I -- we don't need to argue about it on the dais. I think there may be a misunderstanding between us about how the TIF is separated and what the City keeps -- I mean what the County keeps, what the City keeps, and what the CRA gets. Commissioner Carollo: Alright, call the question. Vice Chair Russell: No, no, we're still setting the agenda, sir. Commissioner Carollo: Yeah but -- City of Miami Page 16 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: Are there other -- no, no, no, this is the entire order of the day all together. Are there other items that commissioners would like to see deferred, continued, or withdrawn? Commissioner Carollo: Madam City Attorney? Victoria Mendez (City Attorney): Yes, PZ.5, we're still working through that. Commissioner Carollo: Okay. Vice Chair Russell: We -- I believe the manager already asked for that one to go to December 9th. Commissioner Diaz de la Portilla: December 9th, yes. Ms. Mendez: Thankyou. Thankyou. Vice Chair Russell: For my part, PZ.9, I'd like to see that deferred to the second meeting in January as well, January 27th. That's the gambling ordinance. Ms. Mendez: And also, Chair, PZ.6, if1 could request a reset on that. Vice Chair Russell: 1'd like to at least have the initial discussion on that this afternoon, after lunch. Commissioner Diaz de la Portilla: I would agree with that. Commissioner Carollo: Which is that? Vice Chair Russell: This is the -- Ms. Mendez: Marijuana. Vice Chair Russell: -- medical marijuana appeal Commissioner Diaz de la Portilla: Marijuana dispensary. Vice Chair Russell: So we won't defer that at this point. I'd like to have a discussion on that early in the afternoon, and then we'll make a decision as a body at that time. Commissioner Carollo: Mr. Chairman? Vice Chair Russell: Yes, sir. Commissioner Carollo: If I could ask the indulgence of the Chair and this body if we could bring, right after we set the agenda, the item having to do with the Simon Bolivar Park, the second reading of the naming of the park. We have some very distinguished guests that are here today. Vice Chair Russell: We'll take up SR.4 right after we set the agenda and the order of the day. Are there any pocket items that anybody would like to add to this agenda? Commissioner Reyes: Do you have my (INAUDIBLE)? Vice Chair Russell: Commissioner Reyes, I'll count your item as PI.1. City of Miami Page 17 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Carollo: The Mayor has one and I have one and they're all kind of related for Christmas. Vice Chair Russell: Let me just set, Commissioner Reyes, we'll call it the Freedom and Tower Resolution, that's PI,1. Commissioner Carollo, yours is PL2. What is it? Commissioner Carollo: It's a resolution of the Miami City Commission waiving the two temporary event limitations in two different locations. Commissioner Diaz de la Portilla: Does that -- Commissioner Carollo, does that include the one that I'm requesting also, or can we do it together into yours? Commissioner Carollo: They're -- Ms. Mendez: They're separate items. Commissioner Diaz de la Portilla: But can we put them together? Commissioner Carollo: Is that 2500 Northwest 7th Street? Commissioner Diaz de la Portilla: Yes, sir. And there's another one that -- Commissioner Carollo: Yeah, okay. Commissioner Diaz de la Portilla: Yes. Commissioner Carollo: Okay, you can put it in there. Commissioner Diaz de la Portilla: We put them together? It's for Christmas, fireworks, all the Christmas trees, yeah, okay. We'll put it together then. Ms. Mendez: Okay. Vice Chair Russell: Okay, that'll be PL2. And what does the Mayor have? Commissioner Carollo: The Mayor has a resolution allocating -- appropriating from the Special Revenue Funds a total not to exceed $100, 000 to the Bayfront Park Management Trust for the New Year's Eve celebration. Vice Chair Russell: Okay. PL 3, Mayor's Pocket Item, New Year's Eve. Commissioner Diaz de la Portilla: So, you're getting another hundred for -- Commissioner Carollo: No, I -- you know -- Commissioner Diaz de la Portilla: I'm going to go this year, so I want to know. Commissioner Carollo: Why don't you speak to the Manager so you can see what's happened. Commissioner Diaz de la Portilla: Okay, they took it away. Commissioner Carollo: No -- Commissioner Diaz de la Portilla: I will, I will. Commissioner Carollo: Yeah, I prefer than getting it out in the air. City of Miami Page 18 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Diaz de la Portilla: Okay. Commissioner Carollo: Speak to the Manager, he'll explain to you what happened. Commissioner Diaz de la Portilla: Okay. Commissioner Carollo: The only thing that Pm not happy about is that I've got a heck of a lot more work between now and New Year's. Commissioner Diaz de la Portilla: Right. But at least I get to spend New Year's Eve with you. Commissioner Carollo: Well, absolutely. All of you are invited. It's the City's event, we're putting it together. Commissioner Diaz de la Portilla: It's a great event. Commissioner Carollo: Like nobody else, we're putting it together. Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: Alright. Are there any other items to add to the agenda, Mr. Clerk? Todd B. Hannon (City Clerk): The City Manager has a pocket item. Vice Chair Russell: We'll call that PI.4. What is it? Ms. Mendez: The police item. Vice Chair Russell: What is it? Fernando Casamayor (Assistant City Manager/Chief Financial Officer): It's a police item moving monies from one sub -object to another for expenses that were incurred early this year. Vice Chair Russell: Police expenses, alright. Commissioner Diaz de la Portilla: Wait. Hold on a second. I have a question on that. Vice Chair Russell: You're recognized. Commissioner Diaz de la Portilla: Didn't we pass a resolution that this allowed that to happen for them to move things at their discretion? Mr. Casamayor: Yes, this is asking for permission to allow them to move monies from one object to another. Commissioner Diaz de la Portilla: What are they moving money from where to where? Mr. Casamayor: Minor equipment to, I believe, safety supplies, sir. Commissioner Diaz de la Portilla: Okay. City of Miami Page 19 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Carollo: But now you all see what the Miami Herald Editorial Board did not want to see. This is why 1 placed that. Because the budget that we were thrown from the Police Department was just a budget thrown together. Commissioner Diaz de la Portilla: Right. Commissioner Carollo: I'm not blaming anybody that's here now. I'm blaming the former chief:for that. And I knew what was going on because he wasn't paying attention to anything going on. And I knew that he figured he would just throw us anything and then he would move fluids any way he wanted to. Commissioner Diaz de la Portilla: And he didn't know that we were going to catch him, his little shell game that he was playing. And the Herald, of course, would never write anything about that. Why would the Herald write that? But he was playing a shell game, and we caught it. And the Herald got upset, and he obviously is gone. Commissioner Carollo: So, this is why they're corning back and get ready, because every meeting they're going to be bringing stuff to us. Commissioner Diaz de la Portilla: Of course. It's the right thing to do. The public can see where we're spending money and where they're spending their dollars instead of hiding the dollars like they were doing, shelling their money. Vice Chair Russell: Mr. Clerk, you're recognized. Mr. Hannon: Thank you, Chair. I do have a statement I need into the record -- need to read into the record for the indefinite deferral ofPZ.1 and 2. Pursuant to Section 62- 22 of the City Code, an indefinitely deferred action initiated by the City will cost the City mail, noticing, advertising, and posting of properties as applicable. And I also have a few co-sponsor requests. It's my understanding that Commissioner King would like to co-sponsor CA.2. Commissioner Russell would like to co-sponsor FR.2. Vice Chair Russell: And FR.1, please. Mr. Hannon: And FR.1. Mr. Hannon: And Commissioner Carollo would like to co-sponsor RE.10. Vice Chair Russell: I'll note it. Alright. Any other changes to the agenda? Commissioner Carollo: You could also put me in co -sponsoring CA.2. Vice Chair Russell: Alright. Is there a motion on the agenda? Commissioner Carollo: The motion. Vice Chair Russell: Moved by Commissioner Carollo, seconded by Commissioner Reyes. Commissioner Diaz de la Portilla: I will do -- I will add, I'm sorry, if you'll allow me. Vice Chair Russell: You are recognized. Commissioner Diaz de la Portilla: I want to add a co-sponsor CA.2 and FR.1 as well. CA.2 and FR.1. Vice Chair Russell: Noted. City of Miami Page 20 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Diaz de la Portilla: And 1 may add additional co-sponsors moving on during the course of the day. Vice Chair Russell: Of course. We have a motion, we have a second. Any further discussion? All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. We have an agenda. PUBLIC COMMENT FOR ALL ITEM(S) 11117 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE NOVEMBER 18, 2021 CITY COMMISSION MEETING. RESULT: PRESENTED Vice Chair Russell: Alright, we will move to public comment now. Thank you everyone for your patience. We are now going to move to public comment for the entire agenda. Anyone who is here to speak to this body, in the public, on any of the items on our agenda today, including the pocket items, please make your way forward to the lecterns. Yes sir. Commissioner Reyes: Order in the court. (COMMENTS MADE OFF THE RECORD) Vice Chair Russell: If everyone could move their conversations into the lobby, please, we'll move to public comment on the remainder of the agenda. This is your opportunity to address this body. Each person will have two minutes to speak. All you have to do is let us know your name, the item you're speaking on. You must be speaking on an item on the agenda. You'll hear a small tone at about 30 seconds. That's your signal to try to wrap it up. And then you'll hear a longer tone when your time is up, at which point we'll ask you to let the next person speak. Madam Holmes, good morning. Renita Holmes: Thank vou, Commissioners, Chair. Wow, there's so much that I've been through, but I wanted to take the opportunity. I'm speaking to you in regards, I guess, to PZ.8, relatively, PZ (Planning and Zoning) -- PH1 and PH.2. Vice Chair Russell: And your name for the record? Ms. Holmes: My name is Madam Holmes, Renita Holmes. I'm keeping my address exempt because I ani a whistleblower. And as of today, what I'm talking to you and sharing with you is my concern, particularly to Commissioner Carollo, Commissioner Russell, because you know the comments that you made in regard of homeless individuals and how to help them and adopt the homeless. Man, I'm 60, and I want to be adopted so bad. And Commissioner Russell, you know how much time I put into the homeless and still tracking those from Liberty City -- from Coconut Grove to Liberty City. Affordable housing has affected us in the most disparate way, particularly those City of Miami Page 21 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 of us who are African American, LGBQT [sic] and transgender. You know me to be a person that does my research. However, I'm here today to make a verbal complaint. (UNINTELLIGIBLE) have made complaints to the Manager regarding some activities and Section 8 vouchers regarding some of the displacement that (UNINTELLIGIBLE). I know how to read rules. I know how to count days. But when we start giving monies, which money are we giving? Our emergency rental assistance program monies to organizations that do not respond to phone call, and I don't want to slander anyone, then I feel that there's a lack of oversight and accountability. But when I've been somewhere 12 years and I'm moving because as an African -American woman, I want to talk about property management, 1 want to talk about what pesticides you're using. I want to know why seniors and persons with disabilities have to clean up pesticides and are being put out because they don't want to do that on the lease. What lease has that? I came through Camillus 12 years and rose up, started my own base business, never been late in rent, I've been accused of things and abused by police officers, I stayed right behind center, I made it all the way to Washington seeking peace with my officers, you know, just riding a scooter through that bunch of young folks. So, I've done my due diligence, I've done my civic engagement, I've done my time. I'm here to tell you that I am being evicted because I moved into a place with a Section 8 voucher, looking forward to owning my own home as a person with disability, support of transgenders, and you can call me LGBT, but let me tell you something, I love loving me, myself and I Vice Chair Russell: Thank you, Madam Holmes. Ms. Holmes: But to be evicted, I'm making a complaint formally, sir; because someone inside Housing and Economic Development is faking and fraudulently doing inspections, and people and children are being put out. It's a couple of us on the park. I'd like to tell you more and defer, but I'd like to give you the opportunity to properly transition people with that money. The County's giving this money away, but the ERAP (Emergency Rental Assistant Program) 14 million still got it. Why is it so hard to give it away when people like us need it? I don't want to be homeless because there's corruption. I don't want to be homeless because there's fraud, and I don't think that housing should be a choice. Not put me somewhere there's mold and my children infected by it. I'll leave it there -- Vice Chair Russell: Thank you, Madam Holmes. Ms. Holmes: -- and I'm hoping that someone will follow up. Welcome to my Commissioner, Christine King. I'd like someone from your office to contact me. I've already contacted someone atIE, but there's a park full of people couldn't get in here today in my van that needs your help because somewhere we took a break on all of these other things and some people are being homeless and sick and you know I don't play the radio. So, thankyou very much. I'm awaiting your call. Vice Chair Russell: Thank you. Madam Holmes, thankyou. Good morning. Walter Tache: Good morning. Walter Tache, 541 Bay Point Road, Miami. I'm talking about items PZ.3, PZ.4. I'm a board member of the Bay Point Homeowners Association, a 200 plus community, home community of over a thousand residents, I believe. The Commission -- the Commission -- the board has voted unanimously to oppose PZ.3 and PZ.4. This is Magnolia Holdings 38th Street LLC's effort to amend the FLUM (Future Land Use Map) and Miami 21 zoning designation from T5-R to T6-8-O, the City of Miami Commission's Planning Department recommended denial of this. This has been pending since 2018, and deferred continuously. As noted by the Miami City Commission's Planning Department staff analysis, the traffic conditions where this proposed change in density is not conducive to the introduction of commercial uses to the area. With commercial, retail, and office uses, comes many City of Miami Page 22 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 short in and out trips that could create a conflict. With the high speed traffic exiting the I-195 off ramp onto Northeast 38th Street. In addition, the traffic pattern around the block does not provide the networkflexibility required to increase development capacity for this area. Furthermore, with multiple parks nearby, the area is well suited for residential character. The neighborhood already has. The potential for a completely, commercial retail or office development would not be compatible with the surrounding areas. And again, we recommend that the Commission vote against PZ.3 and 4. Thankyou. Vice Chair Russell: Thank you for your comments. Good morning. Natalie Santana: Good morning. I'd like to start off with introducing myself My name is Natalie Santana and I'm a part of the Allapattah Community Fellowship, which is the leadership development program for the youth in Allapattah, by the Allapattah Collaborative CDC (Community Development Corporation). If I am permitted to, I'd like to hand these out. Vice Chair Russell: Yes, if you have something, if you could just hand it to the Clerk and he'll make copies for everyone. If you just stop the clock for a moment. Todd B. Hannon (City Clerk): You may proceed. Ms. Santana: So, I'm here today to ask for the support on our project Safer Together, which is an Allapattah campaign that we would like to host. This campaign will be held as an initiative to inform our residents and community on how to report a crime, which is accessing safety resources for reporting these crimes and community watches. Supporting this would mean ampliffing the outreach of our campaign on social media on -- amplifying our campaign on social media and attending in person events that will be hosted in Juan Pablo Duarte Park on the 10th of December, Alongside the Miami Police Department and Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Don't be nervous. You're doing well. You're doing great. Ms. Santana: Yes. And that will be all. Commissioner Diaz de la Portilla: Thank you. And I invite all the Commissioners to go on December 10th. It's really exciting to see young people, all at one point or another, victims of some sort of crime in the Allapattah area, and advocates now for crime prevention and the things that need to be done in that area. A very neglected area for many, many years. So, they came to my office earlier today. There were five of them, six of them, and it was really, really exciting how passionate they were about what they're doing. So, I want all Commissioners to please try to be there. If you can't be there, at least you can also offer some financial support for what they're doing from your offices. I know you all have a whole bunch of money right now, so you can give them a little money and help them move the project forward. So, congratulations for the work you do and the work your colleagues -- colleagues, is they are now, right, do. Ms. Santana: Thankyou. Commissioner Diaz de la Portilla: Well done. Vice Chair Russell: Well done. Thank you for your advocacy. Commissioner Reyes: (INAUDIBLE) that is very good to see our youth being active and working as hard as you are. You see, I'm a schoolteacher. I was a schoolteacher City of Miami Page 23 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 and I taught high school. And 1 always feel a lot of pride when 1 see young people like you participating and trying to better our community. Congratulations. Ms. Santana: Thank you. Vice Chair Russell: Thank you. Good afternoon. Linda Goldberg: Hi, good afternoon. My name is Linda Levy Goldberg. I live at 4430 Sabal Palin Road in the beautiful community of Bay Point. I'm here as a board of director member representing our neighborhood and our neighbors. We have over a thousand residents. We have 243 homes. But also personally growing up in Miami and knowing this area very well, I feel 1 represent the people on -- in your district, but the people in the surrounding areas. I'm here on item PZ.3 and 4, which is the Magnolia development. They want to take three small parcels of land that are on the west -- on the east side of Biscayne Boulevard at 38th Street and up zone from five - story residential to 12-story mixed -use commercial. If anybody's been in that area, you know how horrendous the traffic is. If you're coming off of 195 onto Biscayne Boulevard heading west, you can be backed up all the way onto 195. Ifyou're making a left from Biscayne Boulevard on 38th to get on I-95, that left turn in the morning can take you 20-30 minutes. It's a nightmare. You have people cutting through to get to Northeast 2nd Avenue to try to get on the highway from the back area. Your Commission -- the Commissioners are here to represent our community and I hope you will do what the City of Miami Planning Board has also recommend and deny this upzoning. Thank you. Vice Chair Russell: Thank you for your comments. No applause please. Applause. Vice Chair Russell: Good morning -- good afternoon Mr. Cruz. Elvis Cruz: Yes it is afternoon, thank you Commissioner and welcome to our new Commissioner, Christine King, congratulations. Mr. Chairman, have we lost quorum? Vice Chair Russell: It's public comment, quorum's not necessary. Mr. Cruz: Okay. Victoria Mendez (City Attorney): Everyone's -- it's surround sound here. Trust me, they're listening to you, Mr. Cruz. Mr. Cruz: With rapt attention, I'm sure. So, I'm here on two separate items. The first is PZ.8. And if I can direct your attention to the screen that I've put up. So, here's Morningside Park and its beautiful bay view all across the park. And we have a baywalk there. You can see the baywalk in the foreground. The baywalk is six feet wide. But here is what the city has currently passed for its baywalk standards. It requires a 15-foot wide paved walkway, 15 feet, as if it's a one size fits all. Now that may work in a high density area like Brickell or Downtown, not so much in a neighborhood park outside a high density area. We only need six feet. That's what we've had here. Here you see it. Also take note of the oolitic limestone blocks along the shoreline in Morningside Park. There's our six foot wide walkway. It has worked fine since 1953, and I've never heard anybody say it's too narrow. But this is what would happen with the City's new guidelines, 15 feet wide. Look at how wide that is to the dotted line. The current minimum is too wide for low -traffic parks like Peacock, Myers, Kennedy, Pallot, Morningside, Legion, and Baywood. And here's what the city is currently planning on doing. Notice the coral rock blocks at the right and here, and then they want to plant mangroves, which would block our view of the bay. And the City of Miami Page 24 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 coastal plants that would do the same, they would grow up and block the view. And then here is where they want to put that 15-foot wide walkway. And you'll see here on the projection, it would cover these or it would take out these trees. And here's the view. This plan would cut down 70-year-old trees for this proposed bay walk. But this is only the tip of the iceberg. There's another 219 trees slated to be removed from Morningside Park by the City's plans. That's horrible. Take out 219 trees to put in an open play space when the park already has plenty of open play space. It's destructive and it's a huge waste of money. Moving back to the seawall, so they're requiring a maximum of a 24-inch wide seawall, but 3 feet has been the standard for many years and that's safer and more comfortable for the public for sitting, standing, and walking. Please modify the ordinance to allow 6-foot wide walkways in Bayfront parks and three foot wide sea walls. Please preserve our precious bay views and waterfront open green space. Thank you. That concludes that portion of my presentation. The -- I wanted to speak now on items PZ.3 and 4. That is the upzoning that was already mentioned by the good people from Bay Point. It's a terrible idea to do that upzoning. The staff recommended denial. Their report is substantial competent evidence. The Morningside Bay Point and Blue Condo Association, and I believe others, are opposed to it. Also, I've had the Clerk pass out a yellow sheet that you should have in front of you. That is Section 7128(c)(2)(g) of the Zoning Code. And there is a very important protection against upzonings exactly like what is proposed here. If you look at the boldface sentence at the bottom, it says, "The analysis shall explain why the zoning change is appropriate and why the existing zoning is inappropriate in light of the intent of the Miami 21 Code and particularly in relation to effects on adjoining properties." Vice Chair Russell: Thank you, Mr. Cruz. We have the document. Mr. Cruz: Yes, I'm done reading from it. Yes. Vice Chair Russell: (UNINTELLIGIBLE) but the time is up, sir. Mr. Cruz: I was speaking on two different items. Do -- am I to understand -- Vice Chair Russell: I'll give you a little deference, but we've got to wrap it up, please. Mr. Cruz: Pin abnost done. Thank you, Commissioner. So, I would ask -- I would say that there is no hardship, there's no logical basis for granting this upzoning. It's simply a case of developer greed. Please don't be fooled by an offer to swap land for another lane of tragic. That's a red herring. The traffic problem there is caused by not having on -ramps from southbound Biscayne Boulevard to the expressway. An extra lane on 38th Street will not change that, and there is no traffic study that says otherwise. Thank you for your time. Vice Chair Russell: Thank you, Mr. Cruz. Good afternoon. Hello. Nicole Level: Hello. Hi, good morning. I'm Nicole Level, representing 350 South Florida and the climate community. I'm here to speak on behalf of the CA.2 resolution. We are fully supportive of the greenhouse gas resolution and also propose divesting city finances' from fossil fuels in order for the City of Miami to continue to be a climate leader. 350 South Florida presented last week a proposal for divestment to the Resilience Office. Divestment simply means getting rid of stocks, bonds, pension plans, endowments, and/or any investments out of fossil fuels. Twelve major cities belonging to the C40, which the City of Miami is a part of have divested. Those cities include New York City, LA (Los Angeles), New Orleans, Pittsburgh, and we have also presented to our neighbor city, the City of Hollywood, which has successfully passed a resolution and has committed to divesting. We urge you to include fossil fuel divestment as part of the City's climate mitigation strategy. Thank you. City of Miami Page 25 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: Thank you for your comments. Good afternoon. Shari Lerner: Hello, my name is Shari Lerner. I live at 41 Southeast 5th Street, and I'm also the COO (Chief Operating Officer) of Bolt Mobility, so I'm here to talk on FR.3, the scooter pilot program. Obviously, we know that some people have been very frustrated with the program in terms of safety, scooters littering the street, being used for joy rides, and not to solve transportation problems. However, micro -mobility has many more benefits that outweigh these challenges. It reduces the need for cars downtown, and given the time to develop, the program can reduce congestion and auto exhaust. It can create jobs, which I've seen very closely with my company. We create more options for residents, such as commuting to work, shopping, accessing large events more easily, and so on and so forth. It also helps visitors explore our city. It's convenient for tourists, and it increases access for underserved populations. We have been a very responsible partner as well. We've been flexible and have tried to work with not only Miami, but all the other cities to improve public safety and to make the program better. We're also working on soine exciting technology, including sustainable batteries, phone chargers, and other things that will lead the industry, helping Miami remain a Miami -- high-tech incubator. Micro mobility is the future of transportation. Cities across the country are grappling with these same issues, working to figure out how best to serve communities. The program's success depends on how we as a community decide to implement it and utilize it as a tool to achieve our urban development goals and create the kind ofphysical environment that attracts families, investments, businesses, and visitors. Habits and desires are changing, and micro mobility is coming whether everyone likes it or not. We have a choice, make the most of it or fall behind as a destination city. Thank you. Vice Chair Russell: Thank you. Neisen Kasdin: Good afternoon, Mr. Chair and congratulations Commissioner King. Neisen Kasdin, Ackerman, LLP, representing the Miami Design District Associates and Affiliates on PZ.3 and 4. What I've come to report is that I, as you may have remembered, filed a motion to intervene in the matter. I have agreed not to proceed on the motion to intervene, and Mr. Recio, on behalf of the applicant, has agreed to not object to me having some time in the afternoon presentation to put some facts into evidence. I just wanted to state that for the record at this time, Mr. Chair. Vice Chair Russell: Got it. So, it would be up to this body as to when the presentation would take place, not the applicant. So, is it -- it's not an intervention, but you'd like to make comments so there won't be a cross-examination back and forth, just a presentation? Mr. Kasdan: Yeah, there's a -- correct. It's just a presentation to put evidence, there's facts in the record. I felt that it was not necessary, as long as that could be done, to take the Commission's time to have the argument back and forth over intervention. Vice Chair Russell: And you'd like to speak at the item, obviously not during this time. Mr. Kasdan: I'd like to speak at the item, yes. Vice Chair Russell: We'll accept it, thank you. Mr. Kasdan: Thank you, Mr. Chairman. Vice Chair Russell: Yep. Hello. Good afternoon. City of Miami Page 26 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Kurt Kaminer: Yes, thank you. My name is Kurt Kaminer. I'm here to speak on FR.3, and I wish to also mention that though my face and name is associated with a prominent road safety 51C3 [sic] non profit, locally, 1 am speaking entirely as myself today. And I believe the scooter program is essential to the continued funding and expansion of barrier protected bike lanes in Downtown Miami. While most projects like these fail due to lack of funding, Miami has a very unique opportunity in that this pilot program has helped to fund the downtown micro mobility network and has the ability to do so -- to continue to do so. This protected bike lane network provides a generally safe space for those riding virtually any form of micro mobility, whether that's scooters, bicycles, or e-trikes. In fact, protected lanes provide a space so no one feels obligated to ride on the sidewalk, solving that problem. And while the most recent study about -- and the most recent study about protected bike lanes estimated that most cities will see 44 percent fewer deaths and 50 percent fewer injuries with a proper completed network. But the network isn't anywhere near complete. And what option remains when one removes this entire mode of transportation and continues to deprive its users of a safe space? I've seen construction workers commuting on scooters, and I know of a lawyer in downtown who does it as well. The former probably can't afford a car, while the latter can and will use it. Multiply this a few times and Miami's cartoonish levels of traffic congestion will increase. There's no time to stop or pause progress that we needed yesterday. We need a scooter pilot program to ensure that our city can have protected bike lanes like these for bikes, scooters, and even e-trikes. Thank you very much. Vice Chair Russell: Thank you. Ulysses Kemp: My name is Ulysses Kemp, President of Buena Vista Heights Neighborhood Association, and I reside at 76 Northwest 39th Street., Miami. This, I'm here to speak on PZ.3 and PZ.4, and proposed rezoning would increase the density from 90 to 208 units, and the buildable area would increase of 378,000 square feet. In addition, the height would increase from 5 stories to 12 stories maximum, which is out of character for that entire area. There's nothing on the north side of 195 that's anywhere more than 3, 4, 5 at the max. And the rezoning currently, it doesn't permit any commercial or office use as defined in Miami 21, if the parcels are rezoned to T6- 8, almost all lodging, office, and commercial uses will be permitted. And if successful, this will aid in surrounding properties to also seek upzoning, which would magnf the problem. I don't know if you guys are aware of that exit coming from 38th Street to Biscayne Boulevard, but if any time of the day you try to exit that exit, with the current uses that are in place, it's virtually impossible. And sometimes I've been backed up on laying to get off of that, that's my exit, to go home from Miami Beach. And I've had to actually sit on the highway just to get off of the roadway just because of the traffic backed up at Biscayne Boulevard, and if you're going to increase the density, there's' no way. This infrastructure does not even support what's there now. I recommend, as with the City Planning Department, denial on all these for PZ.3 and 4. Thank you. Vice Chair Russell.• Thank you for your comments, Mr. Kemp. Good afternoon. Alvaro Puente: Good afternoon, Mr. Russell. How are you, sir? Vice Chair Russell: Good, thank you. Mr. Puente: Welcome, Commissioner King. My, name is Alvaro Puente. I reside at 16 Northeast 3rd Avenue in Miami. I am a long-time resident and business owner in Downtown Miami. I am a fleet manager with Bird. I'm here to speak about FR.3, in support of the program. This program has allowed me, as head of household, to pay Pr medicines, rent, food, and it is indispensable,for the well-being of my family and others like myself that work every day and every night tending to our scooters, City of Miami Page 27 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 rebalancing and making sure that they are orderly and properly positioned. We have so far this year had 273,924 rides on our Bird scooters from subscribers. It greatly depends on our vehicles for transportation. We have realistic projections of increased readership in every month ahead. I implore you, I am only one person, but like me, there are many, many families that are also residents that would suffer with this opportunity being taken away from us. I am grateful to have given the opportunity to speak to you today. Thank you, Ken. Commissioner Carollo, thank you very much. Vice Chair Russell: Thank you for your comments. Mr. Puente: Thank you. Vice Chair Russell: Good afternoon. Catherine Dremluk: Thank you. Good afternoon, Commissioners. Vice Chair Russell: Pull the mic. Ms. Dremluk: My name is Catherine Dremluk, and I'm here on behalf of the PEER Group; the People's Economic and Environmental Resiliency Group supports the mission of the Miami Forever Carbon Neutral Plan and the incorporation of climate justice considerations in the City's policy framework. The harmful impacts of climate change are already being felt along racial and socioeconomic lines throughout Miami, where low-income, predominantly Black and Brown residents face the largest inequities imposed by energy burdens, climate gentrification, and physical vulnerability to climate impacts without the resources necessary to relocate to safer areas. Where 41 percent of Miami workers receive median hourly wages that are below local living wages, the City must develop policies to alleviate pressures on climate justice communities by promoting economic diversification, creating living wage jobs, and preparing more Miamians for jobs in the emerging green economy. However, we also have several concerns about the shortcomings in the policy framework developed under the guidance of the C40 Cities Climate Leadership Group, especially where the City can offset emissions through negative carbon technology or carbon credits. Negative carbon technology is not widely employed on industrial scales that are necessary for net carbon removal. Instead of relying on uncertain technological innovations that future generations will be forced to pay for, the City should expand carbon free technology, develop more proactive policies, and emphasize the urgency of the need to mitigate emissions now, where we presently face a climate emergency. The City's Carbon Neutral Plan is an ambitious climate commitment that must be implemented in a way that meets the needs of the Citv's residents. Where climate commitments are really enacted in the way that community members have envisioned them, the City must be accountable to its residents by reducing greenhouse gas emissions through science -based and equitable policies. Thank you, Commissioners. Vice Chair Russell.• Thank you for your comments. Good afternoon. Eric Ofengand: Hello, thank you. My name is Eric Ofengand. I am with 350 South Florida Global Climate Action Group. We do want to show our support for the greenhouse gas plan as a critical first step in mitigating the impacts of climate change here in Miami. We also do support the micro mobility networks and the restoration of mangroves to our shorelines, like the project in Morningside Park. And we have been particularly appreciative of the efforts to include and solicit comments and ideas from the community and climate activists throughout these plans. However, the Greenhouse Gas Plan, which you'll be voting on today, is a political compromise and as we know, the physics of global warming do not compromise. We're urging the City to adopt this plan with the understanding that much more work needs to be done to City of Miami Page 28 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 save Miami from the flooding, extreme heat, storms, and other impacts of climate change that we're already starting to experience. Two things the City can do right away. First is to adopt the proposal that Mayor Suarez made on Earth Day to cease new methane gas hookups. I was very disappointed to read in a recent Herald article that gas company TECO heavily lobbied city leaders to eliminate this proposal. We can't continue to play political games like this with the climate and our future. Mother Nature does not like playing games. Second thing the City of Miami can do would be to make a commitment to fully divest city funds like pensions and general funds from fossil fuel companies. These are bad investments for the future, both financially and environmentally, lowering investment demand for fossil fuels, de-incentivizes new fossil fitel projects, decreases the demand for fossil fuels, and accelerates the global transition to the renewable energy economy of the future. Incidentally, lower demand for fossil fitels also will result in lower consumer prices as well. Once again, we are urging the Commission to pass the greenhouse gas reduction plan, but to continue working with the community and make Miami 100 percent sustainable and carbon free. Thank you. Vice Chair Russell: Thank you for your comments. Good afternoon. Mihai Preda: Hello, good afternoon. My name is Mihai Preda. I'm speaking on item CA.2 regarding the Miami Forever Carbon Neutral Plan. I'm a parent, I'm a physicist, I taught climate change in college for about nine years. I'm with Parents for Future Miami. You can find us online at parentsforfitturemiami. org. Last summer, along with other parents and students, I joined the Mayor's Resilience Action Group. During the meetings, we pointed out the flaws in the Mianii Greenhouse Gas Reduction Plan. Net zero by 2050 and the intermediate target are incompatible with a stable climate. A climate scientist explained it like this. Net zero by 2050 has two fatal flaws. One is net zero and the other one is by 2050. Another problem is the conflict of interest at the heart of C40 with Michael Bloomberg bankrolling and leading C40, while at the same time promoting fracking and investing in oil and gas. You can read more in our open letters to the City. So, the plan as it stands will not give us a safe climate, but if you must pass it, pass it, and then let's start acting on the climate emergency. We raised the issue of negative emissions with Mr. Dodd and Commissioner Russell, and they didn't know their plan does that. So, for the sake of our children, I'm asking you to let me explain your plan to you. Please let me know when we can organize a workshop. I'm going to need more than two minutes for that. Do this for your children and your grandchildren. Thank you. Vice Chair Russell: Thank you, Mihai. Good afternoon. Melissa Tapanes: Good morning. Good morning, Melissa Tapanes with offices at 200 South Biscayne Boulevard, Miami. Congratulations, Commissioner King. The ladies of the City of Miami are both delighted and very proud to see you up in the dais today. I'm here today on behalf of Mana Commons in support of SR.3 and PZ.7. The legislation before you is the result of an urban planning exercise that commenced back in 2019 between downtown landowners, the City's Planning Department, the Miami Parking Authority, Zyscovich Architects, Lambert Advisory, and mny law firm. The objective is to revitalize the Flagler District by addressing certain shortcomings of the Miami 21 Zoning Code, specifically related to parking and loading. The goal is to address the issues that threaten the character of the Flagler District in low -scale development, rather than assembling large portions of land in the urban core. We would like to thank DDA (Downtown Development Authority) Chairman Manolo Reyes for championing these efforts. We are currently working with the Planning Department on a phase two and are eager to bring that before you. That will address specifically the redevelopment of unsafe and obsolete buildings without losing their grandfathered status in order to allow. for that revitalization that's so necessary on the Flagler Street. Thank you for your time. City of Miami Page 29 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: Thank you. Mr. Bash, good afternoon. Geoffrey Bash: Yes, good morning. My name is Geoffrey Bash. My homestead is 448 Northeast 39th Street in Miami. I have lived there for 20 years, which is across the street from the properties you're considering today with PZ (Planning and Zoning) number 3 and 4. I would like to submit on record two emails to emails from the Director of FDOT (Federal Department of Transportation) Transportation Development. Well, here we are, the day we've been waiting so long for. At least, those of us in my neighborhood that are threatened by the proposal for PZ items 3 and 4 on your agenda today before you. Specifically, 1 would like to remind you that the City Staff analysis, which is substantial, competent evidence, recommends denial. Additionally, the items failed before the PZAB (Planning, Zoning and Appeals Board). 1 am here to plead with you to protect our beloved residential neighborhood of Magnolia Park and to deny the application for PZ.3 and 4 today, which seeks to introduce commercial use deep into our residential neighborhood. Please note that you may hear from supporters via letters or public speaking, of the application who have financial interest in this request or the applicant's tenants, as in the past of the existing one and two-story buildings that would no longer exist. Note also the primary investors reside in Aventura, Pinecrest, and Fisher Island. I respectfully request opportunity for qualified intervener status this afternoon, providing up to 10 minutes maximum for rebuttal following the applicant's presentation. 1 seek this privilege for the following reasons. 1 am more harmed by this upzoning and future land use change. The subject properties are across the street, directly south of my neighbors and my homesteaded homes of historic nature built in 1916, designated historic, one of 1922, and nay home 1932. The application provides for 193-foot tall buildings which will put our homes in the shade from the shadow on these towers -- Vice Chair Russell: Mr. Bash, will you be seeking intervener status formally? Mr. Bash: I'm sorry? Vice Chair Russell: Will you be seeking intervener status formally? Mr. Bash: I understand this is the formal way to do it. Vice Chair Russell: Yes, we do that at the item. So, this is the moment for public comment. Let's say if you were not seeking intervener status, you would have your two minutes right now. But if you would like to have a formal place at the table as an intervener, you can -- you'll have the chance to make that case when the item is brought up this afternoon. Mr. Bash: So,, you don't need to hear right now my reasons why I want it? Vice Chair Russell: No, you don't need to make the case for it. Mr. Bash: Okay, let me skip to my conclusion. Vice Chair Russell: Okay. Mr. Bash: Thank you, Commissioner. The application, as submitted, will undoubtedly create further driver anxiety, leading to the public further using our -- I'm sorry, that's part of my substantiation. My apologies. I thought 1 was properly prepared. Let me say, the subject properties are situated at the face of the gateway into Miami from the Julia Tuttle Causeway, providing access into Miami for our friends and visitors from. Miami Beach to the Miami Design District, the upper east side, Edgewater, Wynwood, and all the great offerings of Miami and our businesses here. We should be City of Miami Page 30 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 working to improve this access, not burden it fitrther with creating the exist -- without adding to the existing driver rage, horn blowing, and standstill traffic chaos and desperation, leading to illegal traffic maneuvers and trespassing to get to their destinations. In closing, I ask that this Commission to explain the criteria that warrants the applicant's request for a land use change and upzoning. The subject properties have already been upzoned multiple times during -- currently allowing for 70 feet, more than the rest of the residential neighborhood. Height restricted to residential. Most recently it was upzoned during Miami 21 through the process of public input at City hosted meetings and former commissioners hosted meetings with property owners in the area directly. There have been multiple beautiful, new, profitable projects in the immediate area without any request for upzoning and this application already enjoys a greater zoning at T5-R due to its proximity to I-195. The remaining residential area is limited to T4-R. Please hold the line and upzoning in our neighborhood and deny any commercial use to encroach upon residential zone portion of Magnolia Park. Thank you Jroyour consideration. Vice Chair Russell: Thank you, Mr. Bash. Mr. Bash: And when do I make this -- Vice Chair Russell: We'll be back, realistically that'll be taken up after 3 o'clock. For the first -- Mr. Bash: And just approach the podium? Vice Chair Russell: When the item comes up, well ask i f there's anyone who'd like to present cis an intervener, and then you'll make your case, and the Commission will vote. Mr. Bash: Okay. May I have 10 seconds on the Morningside Park? Vice Chair Russell: Yes. Mr. Bash: Okay. On the Morningside Park natter, speaking from experience in Magnolia Park, where we have about 300 feet of waterfront, we worked so hard to remove mangroves from our shoreline, both because of blocking the view and no one's able to clean all the debris. The winds blow from the east to the west. Unfortunately, we get all that debris that conies across the bay and is trapped in the roots. It's really unpleasant, it's disgusting, and I ask that you keep that in mind as you decide -- Vice Chair Russell: (UNINTELLIGIBLE). Mr. Bash: -- about mangroves, and thank you very much. Vice Chair Russell. Thank you, Jeffrey. Mr. Recio. Tony Recio: Yes, thank you, Mr. Chair, members of the Commission. Congratulations, Ms. King, Commissioner King. I just wanted to say, for the record, I am here on behalf of the applicant for PZ.3 and PZ.4, and we have not agreed as to the intervener status, so we will have to hear him out, as you will, and we may have an objection at the end of that. Thank you. Vice Chair Russell: Understood. Mr. Torres. Good afternoon. James Torres: Good afternoon. James Torres, President of the DNA (Downtown Neighbors Alliance). Congratulations. Good luck to you. Looking forward to working City of Miami Page 31 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 with you in the future. It's unfortunate that Alex de Portilla [sic] is not here right now because we wanted to talk about FR.3 a little bit more in detail. Throughout the morning, I received a phone call from the BNA (Biscayne Neighborhoods Association), and they're also standing with us to revoke the program. So, I'm standing here today asking for support on that item. I know at one point Manolo Reyes was against it. Alex de Portilla [sic] seems to be against it today and I'm looking for support on that. I don't know where Commissioner Joe Carollo stands. Ken Russell, we know where you stand on it, but at the end of the day, the program is not working. It's still in its RFP (Request for Proposal) status. Maybe we sit down and have this conversation. I'll bring the chair. But at the end of the day, this is something that is just not working for Downtown. If you guys want to open it up to other districts, have at it, but at the end of the day, this just does not work. Looking for support to revoke FR.3, 10797, the repeal of the scooter pilot program, please. Commissioner Carollo: Well, I've been very clear from day one -- Vice Chair Russell: Can you stop the clock please. Commissioner Carollo: I've been very clear from day one where I stand. I'm not in favor of this program. And this goes back to the inception of the program. So, I'm not in favor of it. And I think we need to bring it to a head. Either we do away with it, or we keep it, but keeping it in limbo like this is not doing any good. Mr. Torres: 1 appreciate that now that I see your position. It's just we kind of keep going back and forth and play to spin the bottle with this, it seems like. Nobody -- Commissioner Diaz de la Portilla: Hold on. First of all, Alex Diaz De La Portilla is here. Mr. Torres: No, I'm saying like I wish you were here in person. Commissioner Diaz de la Portilla: TM watching it on television. Mr. Torres: Okay. Commissioner Diaz de la Portilla: Okay. Mr. Torres: Thank you for being here. Commissioner Diaz de la Portilla: Of course. That's my job. (UNINTELLIGIBLE). Mr. Torres: So, we've been trying to reach out to your office because we want to have a conversation because you've brought it up again. Commissioner Diaz de la Portilla: That's my job. Mr. Torres: And I appreciate that. Commissioner Diaz de la Portilla: Yeah, and -- Mr. Torres: Go ahead. Commissioner Diaz de la Portilla: It's not a debate. Mr. Torres: I'm sorry? Commissioner Diaz de la Portilla: This is not a debate. City of Miami Page 32 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Mr. Torres: Okay. Commissioner Diaz de la Portilla: This is a comment. We're going -- through you, Mr. Chair. Vice Chair Russell: Yes, you're recognized. Commissioner Diaz de la Portilla: Yes, we're going to have a conversation about this this afternoon. Mr. Torres: Okay. Commissioner Diaz de la Portilla: I agree with Commissioner Carollo. It's this back and forth, it's enough. There's an RFP out there with some security and safety measures in place that is, frankly, Mr. Manager, it's been really delayed. And the reality is that we have to have a conversation about it, and we will this afternoon. So that's all you need to know but continue with your comments. Mr. Torres: Okay but let me finish up because the clock was stopped. Commissioner Diaz de la Portilla: Yes, we'll give you the extra 40 seconds, don't worry. Mr. Torres: What's that? Commissioner Diaz de la Portilla: We'll give you the additional time, don't worry. Mr. Torres: I appreciate that. Commissioner Diaz de la Portilla: Yes. Mr. Torres: Thank you. Commissioner Diaz de la Portilla: Of course. Mr. Torres: It's just when you see the program the way it is today, we're willing to champion it, but we can't support it the way it is. There's no infrastructure. The geofencing is not working. Commissioner Diaz de la Portilla: No one can. Mr. Torres: Downtown -- I'm sorry? Commissioner Diaz de la Portilla: No one can. Vice Chair Russell .• Commissioner, let's let him -- Commissioner Diaz de la Portilla: No, no, no I'm sorry Mr. Chair, I know -- Vice Chair Russell: Stop the clock again please for Mr. Diaz de la Portilla. Commissioner Diaz de la Portilla: Am I recognized? Vice Chair Russell: Of course. Commissioner Diaz de la Portilla: Thank you. City of Miami Page 33 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: But he has his time, so I just need to pause his time so you can speak to him. Commissioner Diaz de la Portilla: Yeah, yeah, yeah, he has his it's time, but it's an important issue. I know that you may not agree with us, with the majority of the Commission again, but the reality is that this is a program that, you're right, it doesn't work if it continues the way it is. So, we have to have finality. And when I came in and was first elected, I always said, let's try to find finality and at least come to a consensus that works for the whole city and works for the entire leaders of the city. So, 1 agree with you. We're going to get to the right place. This government moves a little bit slower than most people would like. And I apologize,* that. And we all get frustrated by that. But we're going to get there. Mr. Torres: Here's the thing right. Commissioner Diaz de la Portilla: Have faith that we're going to get there. Vice Chair Russell: You're good? Commissioner Diaz de la Portilla: Yeah, I'm good for now. Yes, for now. (COMMENTS MADE OFF THE RECORD) Mr. Torres: But it seems now like there's additional traction. So, 1 can technically probably have the vote at the end of today. And 1 think it's an error -- Commissioner Diaz de la Portilla: You should never forecast the votes because -- Mr. Torres: I'm not at all. Commissioner Diaz de la Portilla: Okay. Mr. Torres: But it's a thing we want to bring up because the BHA (Brickell Homeowners Association) and the DNA are standing strong on this item because enough is enough. And it's just, I'm sorry, it's not working. I want to support it, but it's not working. So, I want to be very, clear. Hopefully this goes through by the end of today. Thank you so much. Vice Chair Russell: Thank you for your comments. Mr. Torres: Happy holidays. It's almost Thanksgiving by the way. Commissioner Diaz de la Portilla: Almost. Vice Chair Russell.• Good afternoon. Commissioner Diaz de la Portilla: By the way, I'm having, Mr. Chairman, let me announce that now is a great segue for that. We're having a Thanksgiving dinner tonight at 6 o'clock. So, if you end the meeting before 6 o'clock, we can all go have some turkey and some ham -- Vice Chair Russell: Good incentive. Commissioner Diaz de la Portilla: -- and some good things to do. Vice Chair Russell: Thank you, Commissioner. Good afternoon. City of Miami Page 34 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Michelina Witte: Hi, I'm Dr. Mickey Witte, with the University of Miami Bike Safe Program. I'm here to also talk about FR.3, which is about the repealing of the scooter program. With all due respect, some of the things you were saying, the gentleman was here saying, had to do with infrastructure. And I think that continuing the pilot project, doing the changes as Commissioner Diaz de la Portilla mentioned, doing the necessary changes that are required to continue to allow people to utilize micro mobility is important. It's a segue into allowing people to make their way around our city, our wonderful city, in ways that are alternative to your traditional automobile, right? Traffic calming -- I mean traffic calming measures, traffic -- decreasing traffic happens when we add alternative forms of transportation that make sense. And so, people are going to be on scooters. Look at other major metropolitan cities around this nation and around this world that we want to compete with as a major metropolitan city. Without protected infrastructure, we can't do that. But we want to be that. You know, look at Paris, look at New York, look at Chicago, look at Philadelphia, look at DC. All of these major metropolitan cities have gotten the memo that protected lanes for micro mobility is the only way to be able to allow this to continue, and to be able to again, quell the traffic concerns that we have. We need to get people out of automobiles, people already getting out of automobiles, so I think that you know discouraging a program like this is not the way. I think as you suggested, doing it in a different way, in a better way, the way it exists now is not really going to be sustainable, but making the changes we need, particularly protected bike lanes, will be lanes for scooters, lanes for bicyclists, lanes for people to keep them out of harm's way. Vice Chair Russell: Thank you for your comments. Commissioner Diaz de la Portilla: Miss -- Miss, and you think all these bicycles, and all these scooters, and all these people are all going to be in the same lane? Is that what you're thinking? Ms. Witte: They make sense in all these other major cities around the world. Commissioner Diaz de la Portilla: Really? Ms. Witte: Yeah. Commissioner Diaz de la Portilla: Well, I've been to all those major cities you mentioned. Have you been to those major cities? Ms. Witte: I have actually. Commissioner Diaz de la Portilla: Really? Ms. Witte: And I've enjoyed them. Commissioner Diaz de la Portilla: Have you seen the scooters all scattered around, thrown in the middle of the street? Ms. Witte: I have not. Commissioner Diaz de la Portilla: You have not? Ms. Witte: I have not. Commissioner Diaz de la Portilla: Well, I'll send you some pictures then, because I have in Paris. City of Miami Page 35 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Ms. Witte: Oh, around our city is what you're saying about seeing them scattered around. Commissioner Diaz de la Portilla: No, no, no, no, in Paris, no, hold on a second. In Paris and Washington, D.C. In those cities, have you seen scooters scatter around throwing in the middle of the street? Ms. Witte: I haven't seen them rampant like you suggest. Commissioner Diaz de la Portilla: Really? Ms. Witte: No, I haven't. Commissioner Diaz de la Portilla: Okay, well, you're looking at the wrong places. Ms. Witte: But that's not to say that there's no solution to that. You know, charging stations, things like that. There are companies out there coining up with alternatives. And the way you guys have created the, I don't know if it's the City of Miami, but scooter drop zones, you know, we can have nice things in the City of Miami, right? I want to be able to believe that. Commissioner Diaz de la Portilla: But nobody's fighting that. Nobody's fighting that. But are you disputing the fact that in Miami you have scooters scattered all over the place? Ms. Witte: Am I disputing that? No. I agree with that. Commissioner Diaz de la Portilla: Okay. Ms. Witte: That's why I think that needs to be corrected. Commissioner Diaz de la Portilla: And that's where we're trying to get. Ms. Witte: I think we can come to a common ground on that -- Commissioner Diaz de la Portilla: Correct. Ms. Witte: -- when we make some changes. But repealing the program and just getting rid of it because people are -- because some people are being miscreant, so to speak, and not -- not properly protecting property is to punish all the rest of the people that are utilizing it properly. And I just don't think that's the correct answer. I think we can come up with a solution that makes sense to allow micro mobility to be a real viable option in a city that, a wonderful, thriving metropolitan city like Miami - Dade County, like the city of Miami wants to be so. Vice Chair Russell: Thank you for your comments. Ms. Witte: Yeah, thank you. (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: Thank you. Thank you. Vice Chair Russell: Is there anyone else here who'd like to speak on any of the remaining items on the agenda for today, with planning and zoning, ordinances, otherwise? Seeing none, I will close public comment Pr the day. And gentlemen, we will break for lunch and come back at 3 o'clock. We are now going to take up the Overtown CRA (Community Redevelopment Agency) meeting as we recess. Yes. So -- City of Miami Page 36 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Todd B. Hannon (City Clerk): 1 just need -- yes, I need to change the tape, if you can give me about 60 seconds. Vice Chair Rusell: Alright, so we're going to come hack to the regular Commission meeting at 3:00 p.m. (COMMENTS MADE OFF THE RECORD) 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: Good evening. Calling back to order City of Miami Commission. Just before we move into the planning and zoning, just a couple of housekeeping items. If the clerk's office could let me know if there are any mayoral vetoes. Nicole Ewan (Assistant City Clerk): Chair, there are no mayoral vetoes. Vice Chair Russell: Thank you very much. END OF MAYORAL VETO(ES) City of Miami Page 37 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, King CA.1 RESOLUTION - Item Pulled from Consen 10794 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR THE INSTALLATION OF WAYFINDING KIOSKS ON FDOT RIGHT-OF- WAY WITHIN THE CITY OF MIAMI. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, King Note for the Record: Item CA.1 was deferred to the January 13, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number CA.1, please see "End of Consent Agenda." City of Miami Page 38 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 CA.2 RESOLUTION 10932 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ADOPTING THE MIAMI FOREVER CARBON NEUTRAL GREENHOUSE GAS REDUCTION PLAN, ATTACHED AND INCORPORATED AS EXHIBIT "A", FOR PURPOSES OF GUIDING THE CITY OF MIAMI TOWARDS NET ZERO GREENHOUSE GAS EMISSIONS BY 2050; FURTHER DIRECTING THE CITY MANAGER TO CONSIDER THE CARBON NEUTRALITY GOAL AND ASSOCIATED ACTIONS IN UPDATES TO LAND USE PLANS AND CODES, THE ANNUAL BUDGET AND CAPITAL EXPENDITURES, UTILITY AGREEMENTS, AND ADMINISTRATIVE POLICIES AND TO ALLOCATE ADEQUATE RESOURCES TO ENSURE COMPLIANCE WITH C40 LEADERSHIP STANDARDS. ENACTMENT NUMBER: R-21-0472 This matter was ADOPTED WITH MODIFICATION(S) on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see "Order of the Day", "Public Comments for all Item(s)" and "End of Consent Agenda." CA.3 RESOLUTION 11001 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING ONE (1) RIGHT-OF-WAY DEED OF DEDICATION AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("DEED"), FOR RIGHT-OF-WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A COPY OF THE DEED. ENACTMENT NUMBER: R-21-0473 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.3, please see "End of Consent Agenda." City of Miami Page 39 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 CA.4 10956 Office of the City Attorney CA.5 11035 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MICHELLE GLENN, WITHOUT ADMISSION OF LIABILITY, ONE HUNDRED THOUSAND DOLLARS ($100,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES ("COLLECTIVELY, "CITY") IN THE CASE OF MICHELLE GLENN VS. CITY OF MIAMI AND MARIO NUNEZ, CASE NO. 21-CV-21429- FAM, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF ALL CLAIMS AGAINST THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM GENERAL LIABILITY ACCOUNT NO. 50001.301001.545013.0000.00000. ENACTMENT NUMBER: R-21-0474 This matter was ADOPTED on the Consent Agenda. Note, for the Record: For minutes referencing Item Number CA.4, please see "End of Consent Agenda." RESOLUTION - Item Pulled from Consen A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER CHRISTINE KING AS THE CHAIR OF AN INVESTIGATIVE COMMITTEE CREATED PURSUANT TO SECTION 14 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND RESOLUTION NO. R-21-0406 ADOPTED ON SEPTEMBER 27, 2021. ENACTMENT NUMBER: R-21-0470 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, King Note for the Record: For additional minutes referencing Item Number CA.5, please see "End of Consent Agenda." Vice Chair Russell: Now, we had just heard a motion, but let me bring it back again for the remaining CA (Consent Agenda), PH (Public Hearing), RE (Resolution) agendas, as well as the pocket items. Victoria Mendez (City Attorney): Chairman -- Commissioner Diaz de la Portilla: No, no, no. Ms. Mendez: -- or the CA's, so a lot of them have amendments -- Vice Chair Russell: That's fine City of Miami Page 40 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Ms. Mendez: -- little amendments, so we may, have to go just a little slower. Commissioner Carollo: CA, we need to name someone, so we need to pull CA.5. Ms. Mendez: Thank you. Commissioner Diaz de la Portilla: Correct. Commissioner Reyes: Yes, thank you for picking that up. But if we can afterwards -- Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Commissioner Reyes: --1 would like to nominate somebody for it. Vice Chair Russell: Well, let's see, would you like to take up -- let's set the agenda first, because what I'd like to do is figure out what needs to be pulled, pass what we can without discussion -- Commissioner Diaz de la Portilla: Well. Vice Chair Russell: -- and then take up the items that we're going to get deeper. Commissioner Diaz de la Portilla: Well, Mr. Chair. Commissioner Reyes: Mr. Chair, hold on a second. Vice Chair Russell: You're recognized, Commissioner Reyes. Commissioner Reyes: Sir, you see, and the chair of the -- Mr. -- Commissioner Watson was chosen because it was either you or him because they were the only ones that were not named in the -- as -- so being that the case, I would love to -- I would like to, maybe we can vote on it together, name Commissioner King. Vice Chair Russell: So, this is a motion on CA.5 to name Commissioner King. Commissioner Reyes: That's right. Vice Chair Russell: To appoint her as the Chair of the Investigative Committee created for -- Commissioner Carollo: Just to sign subpoenas. Commissioner Reyes: That's all. Commissioner Carollo: We promise we won't get your hand too tired. Commissioner Reyes: Yeah. Vice Chair Russell: Is there a second for CA.5? Commissioner Diaz de la Portilla: For now. Commissioner King: That's fine. Commissioner Diaz de la Portilla: Well -- City of Miami Page 41 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Ms. Mendez: And also, since this item also has to he amended to be able to make sure that Commissioner King is also listed as a part of the Commission, because last time it had the name of Commissioner -- former Commissioner Watson. So now we would have to amend that. Vice Chair Russell: Okay. That's fine. There's a motion. Commissioner Reyes: That is fine. Vice Chair Russell: Is there a second? Seconded by Commissioner Carollo. Do you accept the amendment? Commissioner Diaz de la Portilla: We're dealing with -- and I'm sorry, like Commissioner Carollo likes to say all the time, 1 didn't take my smart pill today. Commissioner Carollo: You're learning. Commissioner Diaz de la Portilla: So, what I want you to do. Commissioner Carollo: You're learning. Commissioner Diaz de la Portilla: I'm learning from you, of course, Commissioner. Commissioner Carollo: A wise man in Tallahassee. Commissioner Diaz de la Portilla: Yes, I once told you that. Commissioner Carollo: A wise man in Tallahassee was quoted as saying that elections have consequences. Commissioner Diaz de la Portilla: Yes, they do, sir. Yes, they do. Commissioner Reyes: Yes, they do. Commissioner Diaz de la Portilla: So, we're only doing CA.5 right now? Vice Chair Russell: Right. Commissioner Diaz de la Portilla: Okay, so we're not doing all these different items that you want to do all in one fell swoop. Vice Chair Russell: Okay. Commissioner Diaz de la Portilla: Well, no -- Vice Chair Russell: You said, are you only doing CA.5? I said, yes. Commissioner Diaz de la Portilla: I'm not finished with my question. So, don't be aggressive. I have a question. Vice Chair Russell: It's a simple question. Commissioner Diaz de la Portilla: Okay. No, I know it's simple. I'm going to make it simpler for you. We're going to take the items one by one. We're not going to try to do it all in one fell swoop. Vice Chair Russell: No, I did not say that. City of Miami Page 42 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Diaz de la Portilla: We are, I am going to argue that some items have to be taken one by one. Vice Chair Russell: Agreed. Commissioner Diaz de la Portilla: But you're not going to vote on 17 things at once because that's the way the public doesn't understand what we're voting on. And it's not correct. So, I know you're trying to rush it, but I'm not going to allow it to happen. So, I'm allowed, 1 think, if you will allow me, to debate certain points, not to do everything in one fell swoop, that's all. Vice Chair Russell: Okay. So, you're misunderstanding me. Commissioner Diaz de la Portilla: Okay. So as long as you understand that, we're good to go. Commissioner Reyes: Mr. Chair? Vice Chair Russell: You're misunderstanding me, so I'll be clear. Commissioner Diaz de la Portilla: Okay, be clearer. Be clearer. Commissioner Reyes: Mr. Chair. Vice Chair Russell: I'll be clear. Commissioner Reyes: Mr. Chair ifI -- Vice Chair Russell: Commissioner Reyes, you're recognized. Commissioner Reyes: -- ifI suggest to Commissioner Diaz de la Portilla. On any one of the items that you want to argue, or you want to clarify, you just pick them and that's it. Commissioner Diaz de la Portilla: Thank you sir. Vice Chair Russell: Mr. Reyes gets it. So, I'll be even Commissioner Diaz de la Portilla: I get it, too. Vice Chair Russell: To reiterate what Commissioner Reyes is saying -- Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: -- I'm seeking a motion on any items that people do not want to dive into deeper conversation -- Commissioner Reyes: Absolutely. Vice Chair Russell: -- or to amend or vote no on. Commissioner Reyes: How about -- Vice Chair Russell: As we have done with every meeting since I've chaired for the last City of Miami Page 43 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Reyes: Mr. Chair, with all due respect -- Commissioner Diaz de la Portilla: We're on CA.5, is that my understanding? We're on CA.5. Commissioner Reyes: -- we have to vote on CA.5. Commissioner Diaz de la Portilla: Correct. Vice Chair Russell: Yes, we do. Commissioner Reyes: Okay. Vice Chair Russell: We have an amendment. We have a mover, a seconder, and have agreed on the amendments, naming Commissioner King, and adding her to the Commission as well. All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on CA.5. Commissioner Reyes: Okay. CA.6 RESOLUTION 10989 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION REAPPOINTING TODD B. HANNON AS THE CITY CLERK OF THE CITY OF MIAMI, FLORIDA WITH COMPENSATION AND EMOLUMENTS TO REMAIN THE SAME. ENACTMENT NUMBER: R-21-0475 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.6, please see "End of Consent Agenda." CA.7 RESOLUTION 10990 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION REAPPOINTING VICTORIA MENDEZ AS CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA TO HOLD OFFICE AS PROVIDED FOR IN THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH COMPENSATION AND EMOLUMENTS AS INDICATED HEREIN. ENACTMENT NUMBER: R-21-0476 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.7, please see "End of Consent Agenda." City of Miami Page 44 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 END OF CONSENT AGENDA Vice Chair Russell: Good afternoon. Calling back to order is the City of Miami City Commission meeting. We do have a quorum, we've completed public comment, and we have an agenda. So, gentlemen, I'd like to move into the regular agenda and see if we can get some business dispensed with. If there's a motion on the CA (Consent Agenda), PH (Public Hearing), RE (Resolution) agendas, as well as the pocket items, PI's1,2,3,and 4. Commissioner Reyes: (INAUDIBLE). Vice Chair Russell: Okay, if the Clerk could notice. Commissioner Carollo: (INAUDIBLE). Victoria Mendez (City Attorney): Mic. Commissioner Carollo: Yeah, with the State of Florida. What numbers are those? Ms. Mendez: That's CA.1. Commissioner Carollo: CA.1? Ms. Mendez: CA.1 is to execute the memorandum of agreement with Florida Department of Transportation to allow them -- Commissioner Carollo: Which is the other one? Yeah, which is the other one? Ms. Mendez: And the other one is SR.1. [Later...] Commissioner Carollo: I'd like to defer both of those. Vice Chair Russell:: There's a motion to defer CA.1. Commissioner Carollo: Yeah, and SRI. Vice Chair Russell: And SR1. Is there a second? Commissioner Reyes: I'll second. Vice Chair Russell: To what date, Commissioner? Commissioner Carollo: Last meeting in December. If we don't have two meetings in December,, then bring it back -- Commissioner Reyes: (UNINTELLIGIBLE). Vice Chair Russell: (UNINTELLIGIBLE). Commissioner Carollo: Okay. Then bring it back in January. Vice Chair Russell: January. Commissioner Reyes: Hold on a second. City of Miami Page 45 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: First meeting. Commissioner Carollo: First meeting. Todd B. Hannon (City Clerk): January 13th is the first. Commissioner Reyes: (UNINTELLIGIBLE) can I? Commissioner Carollo: I need to get more information in writing as to what it's exactly that we're doing here and how. Commissioner Reyes: Can we give you an explanation? No, you need to. Commissioner Carollo: 1 need it. Commissioner Reyes: Because we have a -- do you have anything against it? Commissioner Carollo: No. I just want to see what it is. No. Commissioner Reyes: (Foreign language) well, we have a lot of small restaurants, small people. Vice Chair Russell: That's not S -- that's SR.2 you're talking about, right? Commissioner Reyes: No. Commissioner Carollo: Yeah, you're thinking about a different one. Vice Chair Russell: SR.1 is -- Commissioner Carollo: Yeah, SR.1 has nothing to do with that one. Commissioner Reyes: Oh, okay, okay. I'm sorry, sir. Commissioner Carollo: Okay. Vice Chair Russell: The first meeting in January? Commissioner Reyes: First meeting. Mr. Hannon: January 13. Vice Chair Russell: January 13, that's SR.1 and CA.1. Commissioner Carollo: Okay. Commissioner Reyes: Okay. Vice Chair Russell: It has a motion, is there a second? Commissioner Reyes: Second. Vice Chair Russell: All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. Thank you. City of Miami Page 46 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 [Later...] Commissioner Reyes: And I want to -- now that the City Clerk -- he -- my microphone was off and he wants me to repeat my co-sponsorship, which is CA.2, FR.1, and FR.2. Vice Chair Russell: Noted. Commissioner Reyes: Okay. Todd B. Hannon (City Clerk): I'm sorry, Commissioner Reyes, the third one, I have CA.2, FR.1. Commissioner Reyes: Again, man, what's the matter with you? Mr. Hannon: I know. I know. It's that kind of day. Commissioner Reyes: You know, FR.2, and having said that, you see, I think that we should reconsider CA. 6 and CA. 7. Vice Chair Russell: Here it comes. Here it comes. Commissioner Carollo: Well, look. Maybe CA.6. She has nothing to do with it. Commissioner Reyes: Okay, okay. CA.6. Commissioner Diaz de la Portilla: Did we vote for CA.6 and CA.7? Commissioner Reyes: Well, we have to consider now -- reconsider now, this guy doesn't hear well. Commissioner Diaz de la Portilla: I think we need to have a debate about that. Commissioner Reyes: It would be a bad idea. Vice Chair Russell: I've said it once, I'll say it again, I think we should have a strong clerkform of government. Commissioner Reyes: That's right, absolutely. Vice Chair Russell: Alright, is there a motion for the remainder of the CA (Consent Agenda) agenda? Commissioner Diaz de la Portilla: So moved. Commissioner King: Commissioner -- Commissioner Reyes: Second. Commissioner King: Chair, I'm sorry. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla. Commissioner King: I'm sorry, I'd like to also co-sponsor FR.2. Vice Chair Russell: Noted. City of Miami Page 47 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Victoria Mendez (City Attorney): And CA.2, CA.5, those are as amended. Vice Chair Russell: CA.5 is -- Commissioner Reyes: It's already taken care of: Ms. Mendez: Oh, CA.5 already happened. Vice Chair Russell: That's already, taken care of Commissioner Reyes: We already did. Vice Chair Russell: So, we're doing CA.2 and are there any amendments needed on any of the others for the CA, Madam City Attorney? Ms. Mendez: On the CA items, no. Vice Chair Russell: Okay. Commissioner Diaz de la Portilla: So, we have no additional, like, Assistant City Attorney, none of that happens, right? Commissioner Reyes: Well, you know, having -- Commissioner Diaz de la Portilla: We can't make more Barnaby Min -- Commissioner Reyes: She's sleeping. She didn't remember that CA.5 was already voted. Commissioner King: That's (UNINTELLIGIBLE) yes. Commissioner Reyes: I mean, my goodness. Commissioner Carollo: Commissioner King, the most important, the most important item in this agenda is RE.3. Commissioner Reyes: That's right. Commissioner Carollo: So, you should have the courtesy. Vice Chair Russell: We haven't done that yet, have we? Shouldn't we have done that first thing in the morning? Commissioner Carollo: You should have the courtesy to make the motion, and I should have the courtesy, from the body, to second it. Vice Chair Russell: I think it's a conflict of interest. Commissioner Diaz de la Portilla: So, to avoid the conflict of interest, I'll include RE.3 in what we're doing right now. How about that? Vice Chair Russell: Alright. So, Commissioner Diaz de la Portilla and seconded by the Chair, that's for CA.2, 3, 4, 6, and 7, as well as RE.3. Commissioner Reyes: Okay. Vice Chair Russell: Is there any further discussion from the dais on those items? City of Miami Page 48 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Reyes: Nope. Vice Chair Russell: All in favor , "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes -- Mr. Hannon: With CA.2 being amended, correct? Vice Chair Russell: Yes, as amended. Commissioner Diaz de la Portilla: As amended. Commissioner Reyes: Did we pass CA.6? Vice Chair Russell: We did. Commissioner Reyes: Oh my God. Vice Chair Russell: We did. Mr. Hannon: Don't hold it against me, Commissioner. Commissioner Diaz de la Portilla: You're welcome. Vice Chair Russell: Got it. City of Miami Page 49 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 PH - PUBLIC HEARINGS PH.1 RESOLUTION 10635 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CONVEYING, WITH AFFORDABLE HOUSING RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, CITY OF MIAMI- OWNED PROPERTIES LOCATED AT 750 NORTHWEST 70 STREET AND 754 NORTHWEST 70 STREET, MIAMI, FLORIDA, ALL AS LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED (COLLECTIVELY, "PROPERTIES"), TO TACOLCY ECONOMIC DEVELOPMENT CORPORATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR THE REHABILITATION AND UTILIZATION OF THE PROPERTIES EXCLUSIVELY FOR AFFORDABLE HOUSING FOR LOW-INCOME PERSONS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, King Note for the Record: For minutes referencing Item Number PH.1, please see "Order of the Day", "Public Comments for all Item(s)" and "End of Consent Agenda." City of Miami Page 50 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 PH.2 RESOLUTION 10847 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO THE FEBRUARY 5, 2021 REQUEST FOR PROPOSALS BY THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND ALLOCATING COMMUNITY DEVELOPMENT BLOCK GRANT ADMINISTRATION AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM DELIVERY FUNDS TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. AND SUNSHINE FOR ALL, INC. FOR BOTH THE 2021-2022 AND 2022-2023 PROGRAM YEARS AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, SUBJECT TO THE AVAILABILITY OF FUNDING, TO PROVIDE HOUSING QUALITY STANDARD INSPECTION SERVICES FOR THE CITY OF MIAMI'S SECTION 8 HOUSING CHOICE VOUCHER AND MODERATE REHABILITATION PROGRAMS AND HOPWA PROGRAM; 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-21-0477 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, King Note for the Record: For additional minutes referencing Item Number PH.2, please see "Public Comments for all Item(s)" and "End of Consent Agenda." Vice Chair Russell: Alright, on the PH (Public Hearing) agenda, there's only one item left, PH.2. Commissioner Carollo: I'rn sorry, was there any raises involved in that? No? Commissioner Reyes: No. Commissioner Carollo: Okay. Victoria Mendez (City Attorney): No, no raises. Commissioner Carollo: Mr. Manager, you heard that, no raises. What does your contract say, automatic or something? How come we don't have one of those? Or they have one of those? That might be for the August Charter Amendment. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: We don't have any item on reappointing the City Manager? We don't have that today? Vice Chair Russell: He snakes it through another meeting. Commissioner Reyes: Well, we can discuss that. City of Miami Page 51 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Arthur Noriega (City Manager): I'm on a meeting to meeting basis, so it's different for me. Vice Chair Russell: Is there a motion on PH.2, allocation of CDBG (Community Development Block Grant)? Commissioner Carollo: PH? Vice Chair Russell: PH.2, it's the one you had discussed earlier about deferring. Commissioner Diaz de la Portilla: I'll move it. Commissioner Carollo: Yeah, second. Commissioner Reyes: Second. Commissioner Carollo: Second. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla, seconded by Commissioner Carollo. All in favor -- any further discussion? All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on PH.2. PH.3 RESOLUTION 10914 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ALLOCATING FUNDS IN THE AMOUNT OF $131,473.88 TO THE AGENCIES SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES FOR PROGRAM YEAR 2021- 2022 FROM THE SOCIAL SERVICE GAP PROGRAM FUNDS, ACCOUNT NO. 14010.910101.882000; 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. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, King Note for the Record: Item PH.3 was deferred to the January 13, 2022, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number PH.3, please see "End of Consent Agenda." Commissioner Carollo: Okay, Chair. Vice Chair Russell: Now what I'd like -- what I'd like to hear is which items you would like pulled and dealt with individually. City of Miami Page 52 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Carollo: But Chair what I want to be sure of is what did you present for us to vote on? Vice Chair Russell: So, I'm looking at the CA (Consent Agenda), PH (Public Hearing), and RE (Resolution) agendas, not the ordinances -- Commissioner Carollo: Okay. Vice Chair Russell: -- and not the PZ (Planning and Zoning) items. Commissioner Carollo: Alright. IfI may ask, was PH.2 deferred already? Vice Chair Russell: No. Commissioner Carollo: I thought you were going to do that, Mr. Manager; in our discussion the other day. This is with the allocation of CDBG (Community Development Block Grant) funds for services. Arthur Noriega (City Manager): Oh, you know what? He did. He asked -- he asked us during the one -on -ones, because he wanted some time to sort of review it a little more. We missed it in the deferral. Vice Chair Russell: To what date? Mr. Noriega: How much time? Commissioner Carollo: If you could bring it to the first meeting in January. Vice Chair Russell: There's a motion to defer PH.2 until the first meeting in January. Is there a second? Commissioner Diaz de la Portilla: I'll second that. Vice Chair Russell: Moved by Commissioner Carollo, seconded by Commissioner Diaz de la Portilla. Commissioner Carollo: And if I may ask for each of you, including Commissioner King that just started, look at the different service organizations in your district and then see how they've allocated funding to see if it's -- there's a balance there in what we're doing and if it makes sense in how we're going about it. because some of the statements that were given to me didn't quite make sense to me overall. And I've asked for information from the Manager the other day. I want to know when they did these RFPs (Request for Proposal), how they did it, whether they published to (UNINTELLIGIBLE), how many days, because it seems sometimes we're getting the sane organizations getting all the money. And I, for one, have picked up two major organizations, and one of them we used to finance filly by one of these organizations in here. Now I'm putting close to $350, 000, maybe $400, 000 a year and Catholic charities are the ones that are doing it, an organization that no one can point a finger to. But they don't get a penny. So, and I'm -- I cannot believe that it's because they didn't apply. So, I'm trying to find out for all of us what is going on and, you know, to be fair in how we're going about it for all of us. Commissioner King: Thank you. Vice Chair Russell: Alright, so we have a motion and a second to defer PH.2 to January 13th, correct? City of Miami Page 53 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Reyes: Move it. Mr. Noriega: Wait, wait, wait. Commissioner Diaz de la Portilla: Second. Vice Chair Russell: Mr. Manager? Mr. Noriega: It is the wrong one. So, the one that we had actually talked about was PH.4, Commissioner. Commissioner Diaz de la Portilla: 4, that's the one 1 was going to -- Mr. Noriega: Yeah, it was actually PH.4, not PH.2. Commissioner Carollo: No, no, we had spoken about the CDBG Fund. Commissioner Diaz de la Portilla: It's both. Commissioner Carollo: On the deferrals and everything else. Mr. Noriega: No, but you -- you wanted to have a conversation because this was referenced, the Elderly Meals Program, which was PH.4. PH.4 is the one that we had talked about in our one-on-one because I put a note in my book on it. So, it was PH.4. That's the one you had asked us to -- Commissioner Carollo: Okay, are you sure? Mr. Noriega: Positive, absolutely certain. Commissioner Carollo: Okay, now the allocation of CDBG funds for the Section 8 inspection service. Mr. Noriega: Yes. Commissioner Carollo: Explain that one to nie then. Commissioner Reyes: Good question. Vice Chair Russell: Good afternoon, Mr. Mensah. George Mensah (Director Department of Housing and Community Development): Good afternoon, Commissioner, George Mensah, Director. Commissioner Carollo: You're doing well today, Mr. Mensah. Mr. Mensah: Thank you. Commissioner Carollo: I'm glad to hear that. Mr. Mensah: Yes, this is housing quality inspection that is done by two agencies. Commissioner Carollo: Okay, alright. I stand correct. I understand now. But do explain for our newest commissioners and maybe some of the others that might have missed it also. City of Miami Page 54 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Mr. Mensah: Okay. We have -- the City has a number of Section 8 and HOPWA (Housing Opportunities for Persons with AIDS) units that we pay landlords for those units. And we are required by HUD (Housing and Urban Development) regulations to ensure that those units continue to be maintained in a safe and habitable way. So, on an annual basis, we go visit the unit to make sure that everything is okay with the unit. And on that contract, typically -- we have contract with these two agencies that goes and make sure that that is done. And then we have what is called quality inspections where staff from h -- staff from HCD (Housing & Community Development) goes behind those inspectors to make sure that they are doing a good job on that. So, that is what this particular item is for. Commissioner Carollo: Okay. Since we have you up there, through the Manager, if you could refresh us on PH.3, the one after. Social services gap program funds for 2021-2022, Commissioner King: Commissioner -- Mr. Mensah: Since -- Commissioner King: -- before he moves on, I'd like to ask. George, this is for the entire City ofMiami Section 8? Mr. Mensah: Yes. Commissioner King: And how were these two agencies selected to be inspectors? Mr. Mensah: We have an RFP process, and these are the two agencies that applied. You have to be qualified under HUD guidelines to be able to do this type of work. Those are the only two agencies that have staff who are qualified under HUD guidelines to do this type ofjob. Commissioner King: Okay. Vice Chair Russell: Thank you. So, Commissioner, would you like to withdraw the deferral request? Commissioner Carollo: I do. I'd like to make it to PH.4. Vice Chair Russell: Okay. Commissioner Carollo: But nevertheless, I'd like for Mr. Mensah to explain PH.3 for the record. Mr. Mensah: Okay. Since I've been with the City, PH.3, in the past, the city used to get 12 million -- 15 million CDBG funds. And then -- so because of that, we get a lot more in public service dollars, which, as you know, is 15 percent of our allocation. Some time, the City's allocation got reduced drastically. So, there wasn't enough money to go around to provide the services -- the elderly meals especially, and the daycares that the agencies were providing. So, the City, at that time, decided that they would provide what is called a GAP, so that any agency that got funded this year, the following year, they will provide general funds, which is in equivalent to the same amount of money they received last year. So, which means that they will never lose any money, so they can provide the same services that was provided in the previous year. For example, in Allapattah Community Action, for example, which is in Allapattah, they get usually about $140, 000 of social service gap that goes into it. So that helps them provide the meals that they currently provide. So, what this year happened is that because of the ARPA (American Rescue Plan Act) funds, which we City of Miami Page 55 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 requested additional ARPA funds so that we don't use general funds to provide this. The City Commission allocated $1.5 million over two years to provide for elderly meals. So, what we just did was that we look at the agencies that are not elderly, which is the childcare agencies that also receive funding from the city. So, we provide them with the social service gap funding so that they will get the same amount of funds that they received last year. So, this is what typically is done every year. Commissioner Carollo: What is the total amount that you have budgeted here? Mr. Mensah: The total amount budgetedl believe was $753,000. Commissioner Carollo: Okay, but my other question is, George, have you forgotten any agencies? For instance -- Mr. Mensah: I can't hear you Commissioner. Commissioner Carollo: Have you forgotten any agencies? We're financing what used to be done by the Little Havana Activity Center. We're financing now the whole Myers Center. The difference is that it's grown into twice as large, or more, of the people that are coming. And we're also providing hot meals for elderly at home that that program did not used to do that before. Centero Mater that provides education from toddlers to older kids for over 650 families, We're providing dollars. When 1 say the cities, through my office, I know, but it's still the city. And what I'm trying to see is how many other agencies there might be like that, for instance, in District 5 that Commissioner King knows about, and to bring a balance to it. Because if we're providing the same money, time and time again, for the same agencies, without seeing the quality offood, the quality of service they're giving, I mean, it might be all fine, it might be the best we have, butt know that we had to intervene in Myers because of the quality offood and the cost of that food. So, I don't know if anybody else in something like this wants to look at it further or not. Mr. Mensah: Commissioner; that is the reason why we always meet with the districts - Commissioner Carollo: Excuse me? You said? Mr. Mensah: No, I want to -- that is the reason why we meet with districts to especially, you know, the CDBG side, we are required by federal regulations to do inspections, to do monitoring, which we do on all the agencies that we provide funding to. So, what we do is that on an annual basis when we get -- we do an RFP. Every district office is provided a list of every agency that responded to the RFP. I have personally provided two, three, four, five times to district offices, and I have personally also inquired about ability to meet with commissioners so that they can go through the list and make a decision on what is their priorities. What we do in the City is not only just complete an application, it's also what is the priority of the district. For example, there are certain districts that prefer elderly meals, and all their money will go into elderly meals. There are certain districts where youth services is very important because they want their kids not to be on the streets. Commissioner Carollo: And that's very true. Mr. Mensah: Which is what we do. Commissioner Carollo: Very true, yes. Mr. Mensah: And that's the reason why we don't, we don't, I don't come to Commission to make an allocation unless I've met with all the commissioners. City of Miami Page 56 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Carollo: Look, I'm not saying whether you have, or you haven't. 1 think you would agree, and at least we could agree on this one, that I've been somewhat busy. First, my colleagues were kind enough to let me handle a little cleaning house matter that we had that's gone already. Secondly, I was a little busy with a campaign and Commissioner King just started. She was also busy, and she wasn't here. So, I'm not coming down on you on that. I'm just saying what has happened. Mr. Mensah: I understand Commissioner. Commissioner Carollo: 1 want to see from my office what was done and, you know, all of our offices. Mr. Mensah: No problem, Commissioner. Commissioner Carollo: We don't have the personnel that you have to keep track of everything, which is another problem. So, I don't know if maybe this one too, you all would like to hold that off so you could meet, beginning with Commissioner King, that's the newest one -- Commissioner King: Absolutely. Commissioner Carollo: -- and then, you know, meet with the rest of us. Mr. Mensah: It's always the will of the City Commission, so anytime that comes up, 1'll be happy to meet with everyone. Commissioner Carollo: Thank you. So, I will move PH3 and PH4 for deferment until first meeting in January. Commissioner Diaz de la Portilla: Of course. Vice Chair Russell: Who was the seconder Mr. -- Commissioner Diaz de la Portilla: I will second it. Todd B. Hannon (City Clerk): Commissioner Diaz de la Portilla was the seconder, originally. Commissioner Diaz de la Portilla: And I would also like to make some comments whenever you recognize me. Vice Chair Russell: (INAUDIBLE). Commissioner Diaz de la Portilla: Sure. Commissioner Reyes: Yes, I -- I think that it will be, I mean, we need to clarify how the funds are being distributed. But I also want to remind you that in some instances, the number of recipients, people that are receiving meals, increases. For example, we had a new building that was -- was just inaugurated, it's going to -- I mean, last week in Smothers. There's going to be 194 more apartments. Commissioner Carollo: That's very true. Commissioner Reyes: And that is -- that is what Commissioner Carollo is referring to. And we want to make sure that the allocation covers meals, for those people. Just as -- you see we have about 250 homebound -- City of Miami Page 57 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Mr. Mensah: Yes. Commissioner Reyes: -- residents that they receive hot meals, and I want to make sure that they going to keep on receiving it. I think that is the same concern for each one of us. Mr. Mensah: No problem. Commissioner Reyes: You see, and I agree with you, Commissioner, thank you for bringing this up and -- and we should sit down and clarify that. Mr. Mensah: I'll be happy to, and I'll reach out to all your offices Commissioner Diaz de la Portilla: Yes. Mr. Mensah: -- and make sure that we reach out to them immediately to sit down with you. Commissioner Diaz de la Portilla: If I may? Just to reiterate what Commissioner Carollo and Commissioner Reyes have said, we have a new commissioner on the dais. There's a lot of money that we're talking about here. And this new commissioner deserves -- this is the reason why I brought it up in the beginning, we can't just rush things through. We have a new commissioner here, and she deserves the right to read the issues, understand what -- where she wants to allocate her dollars, and then come back to us when she has the time -- had time to review all the allocation, all the dollars that are available. That's what we're talking about. That's why I agree, PH3, PH.4, we defer, we give her, the rest of us time to review it and talk about it and then you come to every Commissioner's Office and then we'll take it from there. Mr. Mensah: Definitely do that Commissioner. Commissioner Diaz de la Portilla: Though ful government, deliberative government, the way it should work, not rushed. Mr. Mensah: Not a problem. Vice Chair Russell: There's a motion and a second to defer PH 3, PH 4 to January 13th. Commissioner Reyes: Yes. Vice Chair Russell: Any further discussion? Commissioner Reyes: No. Vice Chair Russell: All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. Commissioner Carollo: One other. Commissioner King, PH 1 is in your district. Transfer of property to the Tacolcy Economic Development Corporation. You're fine with that? Vice Chair Russell: It's indefinitely deferred actually. City of Miami Page 58 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner King: I've deferred that, indefinitely. Commissioner Carollo: Okay. Commissioner Reyes: Indefinitely. Commissioner Carollo: Okay, good. I missed that. I wanted to make sure (UNINTELLIGIBLE). PH.4 RESOLUTION 10930 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING AN AMOUNT NOT TO EXCEED $1,018,719.18 IN AMERICAN RESCUE PLAN FUNDS TO THE AGENCIES/DEPARTMENTS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR ELDERLY MEALS AND CHILD CARE ASSISTANCE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, AND ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, King Note for the Record: Item PH.4 was deferred to the January 13, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PH.4, please see "End of Consent Agenda" and Item Number PH.3. END OF PUBLIC HEARINGS City of Miami Page 59 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 RE - RESOLUTIONS RE.1 RESOLUTION 8839 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A ROADWAY TRANSFER AGREEMENT ("AGREEMENT") WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") TO ACCEPT JURISDICTION OF STATE ROAD ("SR") 934/NORTHEAST BAYSHORE DRIVE/NORTHEAST 82ND STREET FROM SR 934/NORTHEAST 79TH STREET TO NORTH MIAMI AVENUE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO ACCOMPLISH SAID TRANSFER FROM FDOT'S STATE HIGHWAY SYSTEM TO THE CITY OF MIAMI'S STREET SYSTEM AS STATED IN THE AGREEMENT, ATTACHED AND INCORPORATED AS EXHIBIT "A"; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, King Note for the Record: For minutes referencing Item Number RE.1, please see "Order of the Day" and "End of Consent Agenda." City of Miami Page 60 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 RE.2 RESOLUTION 10855 Department of Procurement A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED ON AUGUST 23, 2021 PURSUANT TO INVITATION FOR BID NO. 1315386 FROM THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, TOP TURF MIAMI INC, A FLORIDA PROFIT CORPORATION, TO FURNISH AND INSTALL ARTIFICIAL TURF, ON AN AS NEEDED BASIS, CITYWIDE FOR AN INITIAL TERM OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL TWO (2) YEAR PERIOD; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM END USER DEPARTMENTS AND AGENCIES, 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 OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0465 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, King Note for the Record: For additional minutes referencing Item Number RE.2, please see "End of Consent Agenda." Vice Chair Russell: Alright the remaining RE (Resolution) agenda includes RE.2, 4, 6, 7, and 10. I'm going to save 9 until we get into the SRs (Second Reading). Is there anything within the remaining RE agenda? Commissioner Carollo: Move. Vice Chair Russell: Moved by Commissioner Carollo, seconded by the Chair. Commissioner Diaz de la Portilla: What are they again? Commissioner Carollo: (UNINTELLIGIBLE). Vice Chair Russell: It's RE.2, RE.4, RE.6, RE.7, and RE.10. Commissioner Diaz de la Portilla: Yes. I second that Commissioner Reyes: Second -- move it. (UNINTELLIGIBLE). City of Miami Page 61 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: Got it. A couple of friendly amendments. On RE.7, nay intention was to cover employees previously under certification who were not covered during the CARES (Coronavirus Aid, Relief and Economic Security) Act. Police and fire got covered during the CARES act for hazard pay one time. We missed in our assessment the NET (Neighborhood Enhancement Team) employees who are no longer classified as they were. So, I'd like an amendment that adds them in there. And I've already, talked with the Administration. They said it might need to bump it up to 1.1 of any portion of the ARPA funds. So, the amendment is to include the NET, the previously classified NET employees, and increase the amount to be worded as up to 1.1 million. Who was the mover and seconder? 1 apologize. Commissioner Carollo: 1 was. Todd B. Hannon (City Clerk): Moved by Commissioner Carollo, seconded by Commissioner Diaz de la Portilla. Commissioner Carollo: I accept it. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla? Commissioner Diaz de la Portilla: Yes, sir. Vice Chair Russell: Alright, and then on RE.4, which is our closeout budget adjustment,1 would like to ask this dais, if you would roll the Chairman's Budget into my office for this previous year. As you know, every year the Chairman's Office has a specified budget to work on everything preparing the agenda and running the meetings, and I've been very proud to serve as your acting Chair, but as the Vice Chair, we would need to move that budget into my office if it's the will of this body. Commissioner Reyes: I move it. Vice Chair Russell: Moved by Commissioner Reyes. Commissioner Diaz de la Portilla: Well -- Vice Chair Russell: Well, it's already been moved. This is just an amendment, friendly amendment request. Commissioner Diaz de la Portilla: Hold on a second. Vice Chair Russell: It would need to be approved by the mover and the seconder. Commissioner Diaz de la Portilla: Well, I'm the seconder, that's why I'm asking. Vice Chair Russell: Yes, you are. Commissioner Diaz de la Portilla: Yes, I am, sir. So, how much money, are you moving into your office? Commissioner Reyes: Let's be specific. Commissioner Diaz de la Portilla: Yes. I love precise language, right? Isn't it awesome? Marie Gouin: Good afternoon, Maggie, Office of Management and Budget, $100,000. City of Miami Page 62 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Diaz de la Fonda- But he's acting. Ms. Gouin: It's $100,000 that's in the budget. It's up to the dais -- Commissioner Diaz de la Portilla: That's moved over to the acting chairman. Ms. Gouin: Yes. Commissioner Carollo: But the budget says chairman, not acting. Commissioner Diaz de la Portilla: Yeah, not acting chairman, so how can he move it like that? Commissioner Reyes: Well, it would be moved while he's acting. Commissioner Diaz de la Portilla: No, no, legally. Hold on. Vice Chair Russell: Have I gotten you out of here before happy hour every possible day? Commissioner Diaz de la Portilla: How can you move it from one line item to another if he's only an acting Chair, not the Chair. How do you do that legally? Seriously. Commissioner Reyes: It can be done. Victoria Mendez (City Attorney): It's -- it's the will of the body, honestly, because we, you know, normally, for the past few years, we've had a Chair. So, if you're all deferring to him as chair, which I thought you were, I know you're calling him Vice Chair, but you've deferred to him. Commissioner Diaz de la Portilla: But if somebody else becomes Chair then, do we get the -- Vice Chair Russell: It'11 prorate. Commissioner Diaz de la Portilla: -- do we get the 100 back? Or whoever it is. Vice Chair Russell: It prorates from that time forward. Commissioner Diaz de la Portilla: Okay. Commissioner Carollo: But what if it's spent before? Commissioner Diaz de la Portilla: What if it's spent before? Commissioner Reyes: Whatever is left. Commissioner Diaz de la Portilla: Can we do like a monthly allocation better, just in case, like month by month? Ms. Gouin: We can do. Vice Chair Russell: It's prorated. Ms. Gouin: We can prorate it by month. Commissioner Diaz de la Portilla: No, but he can't spend it all. City of Miami Page 63 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Ms. Gouin: Okay. Commissioner Carollo: Do you need it? Vice Chair Russell: It is very helpful, yes. Commissioner Reyes: He needs it. Commissioner Carollo: Okay. Alright. Ill second it. Commissioner Diaz de la Portilla: Alright, we'll send it to him. Commissioner Reyes: He's putting up the work. Vice Chair Russell: It's a lot of work to deal with you guns. Commissioner Diaz de la Portilla: Just don't get too close to it, that's all. Commissioner Carollo: He'll throw another $10, 000 for the Christmas party for the whole City at Bayfront Park. Commissioner Diaz de la Portilla: Absolutely. You can take $10, 000 of that and give it to the Commissioner for the Bayfront, right? For us, for the party. Commissioner Carollo: For the City of Miami. Commissioner Diaz de la Portilla: It's only 10k. You're getting a whole hundred. Vice Chair Russell: Mover and seconder agrees? Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: I agree. I agree. I agree. Vice Chair Russell: Thank you so much. And on the remainder of the RE agenda, we're not taking RE.9, so the rest as have been amended up to now. Any further discussion? All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Thank you very much. City of Miami Page 64 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 RE.3 10848 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), OFFICIALLY ACKNOWLEDGING THE CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS, ATTACHED AND INCORPORATED AS EXHIBIT "A," OF THE CITY OF MIAMI GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 2021 FOR THE ELECTION OF MAYOR, COMMISSIONER DISTRICT 3, COMMISSIONER DISTRICT 5, AND THE REFERENDUM SPECIAL ELECTION HELD ON NOVEMBER 2, 2021 TO AMEND THE CHARTER OF THE CITY OF MIAMI, FLORIDA. ENACTMENT NUMBER: R-21-0478 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla , Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, King Note for the Record: For minutes referencing Item Number RE.3, please see "End of Consent Agenda." RE.4 RESOLUTION 10835 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2021. ENACTMENT NUMBER: R-21-0479 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, King Note for the Record: For minutes referencing Item Number RE.4, please see "End of Consent Agenda" and Item Number RE.2. City of Miami Page 65 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 RE.5 RESOLUTION 10980 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ADD CAPITAL PROJECTS TO THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2021-2022 MULTI -YEAR CAPITAL PLAN ADOPTED ON SEPTEMBER 13, 2021 PURSUANT TO RESOLUTION NO. R-21- 0353 AS SUBSEQUENTLY AMENDED ON OCTOBER 1, 2021 PURSUANT TO RESOLUTION NO. R-21-0408 ("ADOPTED CAPITAL PLAN"); FURTHER AUTHORIZING THE CITY MANAGER TO RE -APPROPRIATE, DE -APPROPRIATE, AND APPROPRIATE FUNDING FOR THE EXISTING AND ADDED PROJECTS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY OFFICIALS AND DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS; PROVIDING AN EFFECTIVE DATE. ENACTMENT NUMBER: R-21-0459 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, King Note for the Record: For additional minutes referencing Item Number RE.5, please see "End of Consent Agenda." Vice Chair Russell: Now we're on the RE (Resolution) agenda. Are there any items within the RE agenda that you would like to pull for further discussion, amendment, or no vote? Commissioner Carollo: Well RE.8 was moved already, so we didn't have to get into that one. Vice Chair Russell: RE which one? Commissioner Diaz de la Portilla: 8. Commissioner Carollo: 8. Vice Chair Russell: Yes, 8 was already deferred. Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: And 3. Victoria Mendez (City Attorney): RE.9 has to be heard after -- Vice Chair Russell: Yes. Ms. Mendez: -- the SRs (Second Reading). City of Miami Page 66 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: Noted. Ms. Mendez: And then RE.5, I believe you received an amendment on RE.5. Commissioner Reyes: Yes. Vice Chair Russell: A substitution. Commissioner Reyes: That's right. Ms. Mendez: So that would be as amended. Vice Chair Russell: Okay. Commissioner Reyes: I will move RE.5. Ms. Mendez: Oh, and RE.5, you received -- you received the amendments already, and then there's one that I believe is going to be read on the floor by me. Commissioner Reyes: By you. Todd B. Hannon (City Clerk): And, Chair, 1 also have an amendment thatl need to read into the record for RE.5. Vice Chair Russell: RE.5, let's take up RE.5, then it's moved by Commissioner Reyes, seconded by the Chair. What are the amendments that need to be read into the record? Ms. Mendez: For RE.5, Commissioner Reyes wants an appropriation of -- for -- of the sea level rise and flood prevention portion of the Miami Forever Bond funds in the amount of $10 million to partially fund the Auburndale Flood Mitigation Project, which is located within the boundaries of 32nd Avenue to Southwest 37th Avenue and West Flagler to 8th Street. He would also like an appropriation of the sea level rise and flood prevention portion of the Miami Forever Bond funds in the amount of $15 million to partially fund the East Flagami Flood Mitigation Project, which is located within the boundaries of Northwest 38th Court to 42nd Avenue and Northwest 1st Street to Northwest 7th Street. And lastly, directing the City Manager to bring an intent to reimburse resolution for these projects at the December 9th or January 13th Commission meeting, and to assist District 4 to fully fund the projects in order to comply with Chapter 18, Article 9 of the Code of the City ofMiami as amended. Vice Chair Russell: Thank you. Commissioner Carollo: How much money are we talking about? Vice Chair Russell. $25 million. Commissioner Diaz de la Portilla: $25 million. Commissioner Carollo: $25 million. How much do we have in the pot? Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Vice Chair Russell: Mr. Manager, we have some budgetary questions regarding Miami Forever Bond remaining unallocated limds, specifically with regard to water projects. And Commissioner Reyes, thank you, for kicking this off. The stormwater master plan, these issues are quite urgent. for us to get going on. City of Miami Page 67 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Reyes: Yes, and in my -- this was presented to us as a priority by the Administration. And the reason that Pm asking is, and you should know this, Mr. Diaz de la Portilla, we are requesting matching fimds from the -- the State, and they are presenting our ask and also there is a grant that is going on. And in order for us to be able to -- I mean to qualify, we must have a bid number and money allocated to those projects. Vice Chair Russell: Yeah. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: Mr. Casamayor? Commissioner Carollo: My question still hasn't been answered. Vice Chair Russell: He's about to get to it, right? Commissioner Diaz de la Portilla: Yes. Commissioner Carollo: How much is in the pot? Fernando Casamayor (Assistant City Manager/Chief Financial Officer): I'm sorry, sir, what was the question? Commissioner Carollo: How much money is in that pot? Mr. Casamayor: You mean what's left that hasn't already been issued in either Tranche 1 or Tranche 2 of the Miami Forever Bond? Commissioner Carollo: Yeah, there's at least $25 million available. Mr. Casamayor: Let me verify with the folks here in Budget to get the right number for you. Specifically for the sea level rise and resilience portion, correct? Or just in total? Commissioner Carollo: Gentlemen, you know, this is the problem that I'm having. Commissioner Diaz de la Portilla: Yeah, yeah, of course. Commissioner Carollo: You guys are taking too many vacations all the time, too many long holidays. These are questions that you should know are going to be asked. You should have the answers right away. And frankly, we should not be put into a situation that one district is pitted against the other. Commissioner Diaz de la Portilla: Correct. Commissioner Carollo: The Administration should have come way ahead and told us, look, this is how much money we have, what priorities do you have in your district and so on. And you know, this is the way a city should be run. Mr. Casamayor: Understood, sir. I didn't know this amendment was coming to me. Arthur Noriega (City Manager): We didn't know this was coming. City of Miami Page 68 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Carollo: I have places in my district -- Commissioner Diaz de la Portilla: Well. Commissioner Carollo: -- I have places in my district that have severe, severe flooding. I'm sure you do too, Commissioner King. And, you know, I don't blame Commissioner Reyes for trying to grab all he can for his district in areas that are in need. He's doing his job. But you guys are not doing yours in having identified, I mean, we shouldn't be coming to you and tell you where we have the problems at. You should know already. If not -- Vice Chair Russell: Here's an easier -- Commissioner Carollo: -- we can get rid of some of these, you know, characters, that all they do is come get a check and spend the rest of the day drinking coffee. Maybe we could have more money in the pot. Vice Chair Russell: An easy -- Commissioner Reyes: (UNINTELLIGIBLE). Vice Chair Russell: Just a moment, an easier question. What year was the Miami Forever Bond passed? Mr. Casamayor: 1 believe it was 2018. Vice Chair Russell: Correct. Commissioner Reyes: Let me ask -- Vice Chair Russell: Three years. Commissioner Reyes: Let me clam. Commissioner Diaz de la Portilla: That doesn't justify. Vice Chair Russell: No, in fact, it makes it worse that it's been this long -- Commissioner Diaz de la Portilla: Whenever you want to recognize me. Commissioner Reyes: I got to clam something. I mean, I think that I heard that they didn't know about it. That's not true. We asked for a meeting last Friday, and Angel and who else came in? (COMMENTS MADE OFF THE RECORD) Commissioner Reyes: Angel and Chris Bennett, because we wanted to -- we wanted to ask for this, and because this is -- this was allocated to us a priority, you see, by the Administration, you see, was allocated to us. And in order for us, you see, it's just like, okay, they said when we pass this tranche, this is going to go to a District 4. And what I'm trying to do is, since we are requesting State funds that, you know how they work in Tallahassee, you must have a bid number, you have to have some funds allocated to it and that's the only way you can get matching funds, you see. And I took a trip to Tallahassee, and you know it, and I met with the leadership on this and with our -- the delegation, the Dade County delegation, and this is what I was recommended, you see. You should have it. City of Miami Page 69 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: We're certainly not criticizing your ask. In fact, it's about getting the Administration to catch up with the rest of us because it's been three years, and -- and you should know off the top of your head what's left and what's needed. And for $200 million to have been passed three years ago for storm surge, sea level rise and flooding, we have a stormwater master plan, all of our districts would love to get going on these projects. So, we'd like to keep up with Commissioner Reyes, who's a little more spry than the rest of us. Mr. Casamayor: We have $177 million left to be allocated for resilience and sea level rise. Commissioner Diaz de la Portilla: How much? Mr. Casamayor: $177 million. Vice Chair Russell: Not -- that includes his $25 million? Mr. Casamayor: Not including the $10 million that's up for discussion right now. Vice Chair Russell: 25. Commissioner Carollo: 25 Million. Chair King: 25. Mr. Casamayor: Well 25, so not including that. Vice Chair Russell: So, 200 is still there? Mr. Casamayor.• No, no, no. It would be 150. Commissioner Diaz de la Portilla: 177. Vice Chair Russell: Not including. Commissioner Diaz de la Portilla: Not including. Mr. Casamayor: Yeah 152. Vice Chair Russell: Oh okay including, thank you. Commissioner Diaz de la Portilla, you're recognized. Commissioner Diaz de la Portilla: Thank you. I think both Commissioner Reyes and Commissioner Carollo are correct. And I think you're correct, too. I think we waited way too long. We passed it in 2017. I got here in 2019. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: But the bottom line is that you guys should all have the answers to these questions because you're not talking about $10. You're talking about hundreds of millions of dollars. And Commissioner Reyes is correct that there are matching funds that occur in Tallahassee and deadlines and bid numbers are necessary to get matching funds. I look at my job as a City Commissioner, not a district commissioner. So to me personally, it doesn't natter if it goes to Flagami or it goes to Allapattah, or Little Havana because it helps our city, but it has to be a ranking of what the priorities are fi^om the Administration, from the experts, to say this one happens to be in District 1, this one happens to be in District 2, this one in 3, City of Miami Page 70 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 this one in 4, this one in 5. But you guys don't do that. And when we ask you -- let me finish, when we ask you basic questions, how much is left, you say, I'll get back to you, let nie look at it. You should know that off the top of your head, all of you should know that off the top of your head. Because these are important issues and we're allocating dollars now. Commissioner Reyes is requesting $25 million today. Newly elected Commissioner King may think, correctly so, that maybe she's entitled, her district is entitled to a good percentage of that $177,000 minus $25,000, $152,000, whatever, that's left over because she also represents a district, as we all do. But if you guys will give us the priorities, then we can make a more intelligent -- we can have a more intelligent conversation. It just so happens that this, because people don't stop on artificial political boundaries, and 1 think Mr. De Grandy over there is going to talk about artificial political boundaries pretty soon, but people don't stop on 36th Street and say, oh, all of a sudden, the flooding on 37th Street is worse than the one on 35th Street. So, you look at the city, we eliminate the parochial nature of the debate that we're having, kind of and we say, you know what? This is a priority. 37 is flooded and so is 35th. So, is it Commissioner King's issue or is it mine? It's both. But if you guys come to us, the experts, the guys that get paid the big bucks, to tell us these are the priorities, these are -- this is what needs to happen, this is where the real flooding is taking place, I would argue right now, I happen to know Commissioner Carollo's District very well. I grew up there. I know he has serious flooding issues. I know that Allapattah, obviously, has serious flooding issues. And I know that they cross district lines. So, all we ask of the Administration is to come to us with a priority list. And if Commissioner Reyes, at the end of the day, wants to pull 25 million, well, you count it against his amount. If at the end of the day, we decide that we're going to divvy it up five ways. And we subtract 25 million from whatever is coming to his district. We can do it that way, too. That's happened before. We did it with the American Rescue Plan. Everybody got 14 million bucks, and everybody divvied it up according to the organizations they know, they live with, and they deal with every day that are the most needy, right? So, but if we don't know that, then we can't make intelligent decisions. And how are we supposed to be experts on everything when you guys are the ones that are supposed to be the experts to give us good advice? To give us good advice. Commissioner Reyes: Mr. Chair. Commissioner Diaz de la Portilla: Pm almost done. So, if he's going to pull $25 million today, Commissioner Reyes, sorry, is going to pull $25 million today, for today's purposes, that's fine with me, but we subtract it o_ff your total amount, unless your priorities, we determine later on, next Commission meeting, that maybe that was a -- you run into my district too. Maybe the flooding that occurs on 3rd Street also occurs on 4th Street, right? I've seen it. And that's -- so that's a more -- a better way to govern, I think, and to make intelligent decisions, not by looking at artificial political boundaries, but by looking at areas and saying Flagami or Allapattah. Commissioner Carollo and I share also a common boundary, Little Havana. So, I will tell you that on 6th Street, Northwest 6th, in front of the Marlins Park, there's flooding and on 8th Street too. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: Right so? Vice Chair Russell: Commissioner Reyes, your microphone. Commissioner Diaz de la Portilla: So, to finish — Commissioner Reyes: And also on 424d avenue. Commissioner Diaz de la Portilla: To finish. To finish, I haven't gotten an answer. City of Miami Page 71 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Reyes: No, not but 1— Commissioner Diaz de la Portilla: It's a question to Mr. Nzeribe. Commissioner Reyes: In all fairness, there was a memo on — on July 15`h Commissioner Diaz de la Portilla: Yes, sir. I read it. Commissioner Reyes: That in that memo, the priorities were — were described. And they were enumerated. That's where I got my — Commissioner Diaz de la Portilla: And 1 read it, but there wasn't a priority list of how we're going to allocate the tranches. Right, the second tranche or the third tranche. Commissioner Reyes: Okay. Nzeribe Ihekwaba: So, Commissioner, good afternoon. Nzeribe Ihekwaba, Deputy City Manager — Commissioner Diaz de la Portilla: So, the question is — Mr. Ihekwaba: To answer your question, the Administration had detailed sit-down workshop sessions with your respective offices, developed detailed priority listing of the projects. It came to a total of about $5.3 billion. Commissioner Diaz de la Portilla: Right. Mr. Ihekwaba: It was — Commissioner Diaz de la Portilla: $5.3 billion. Mr. Ihekwaba: -- $5.3 billion for the entire stormwater master plan in order to accomplish a 10 year level of service that will sustain the City beyond sea level rise. It was decided that we should leverage the Miami Forever Bond funds by seeking grants from respective sources of funding. Commissioner Reyes, in fairness to him, decided to move forward with one of his priority basins, because we encouraged and recommended that the project should be done based on basins instead of individual locations, so that we can accomplish the highest level of service. So, to give him the credit for moving ahead — Commissioner Diaz de la Portilla: I do. Mr. Ihekwaba: -- his office reached out to us last Friday for a meeting. Unfortunately, that meeting did not hold. We requested for a reschedule for Monday. There was no response for that. Having said that, the City Manager's memo of July 16th gave each district commissioner the entire Miami Forever Bond priority list — Commissioner Diaz de la Portilla: The 5.3 billion? Mr. Ihekwaba: Yes, recommending to you a potential — Commissioner Diaz de la Portilla: I know. Mr. Ihekwaba: -- and possible way of accomplishing the project. Commissioner Diaz de la Portilla: Correct. City of Miami Page 72 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Mr. Ihekwaba: It was given to you back in July 16. Commissioner Diaz de la Portilla: Yes, correct. I know, but it was 5.3 billion. We're not talking about that. We're talking about what you believe, out of the available dollars that we have, what the priority should he. Mr. Ihekwaba: We did. Commissioner Diaz de la Portilla: Well, that's not the way I read it, 1 read about the overall. Mr. Ihekwaba: Commissioner, if fyou go back to that memo — Commissioner Diaz de la Portilla: I will. Mr. Ihekwaba: -- it gave you priority number one, number two in each of your districts. Commissioner Diaz de la Portilla: Okay butt don't want — Mr. Ihekwaba: So, he decided to move forward with his first priority, and we've had — Commissioner King: Mr. Chair. Mr. Chair, if I may? Commissioner Diaz de la Portilla: Well — Vice Chair Russell: You're recognized. Commissioner Diaz de la Portilla: But — no, hold on a second. He is responding to my question, so let me answer back, if you allow me. I am sorry, Commissioner. I'll get to the point. The — I have no problem with Commissioner Reves's proposal and I'm going to support it. I'm just saying that what I want you guys to do is to, in simple terms, because again, I'm not taking the smart pill that you took, to tell me what, not per district, what Miami's priorities are, what you think we should be doing. And I'm willing to vote for District 5 or District 4. I don't care, because I look at Miami as a whole, not as a district, if it makes sense, what those priorities are and how they can be funded, not to 5.3 billion dollars, but to what we have available and how you're going to allocate it. Because what 1 think is happening here is that at the end of the day, we can't really avoid, at the end of the day, the parochial nature of the debate, right? That's why when you did the American Rescue Plan allocations, you went to every Commission Office and you said, hey, everybody gets the same amount and the Mayor's Office gets the same amount. You said that to avoid the argument here. Mr. Ihekwaba: So — Commissioner Diaz de la Portilla: That's why, you did it. Mr. Ihekwaba: No, Commissioner, Commissioner — Commissioner Diaz de la Portilla: But you didn't do it. But you didn't do it. Hold on. You didn't do it. Mr. Ihekwaba: If you let me respond to you — Commissioner Diaz de la Portilla: No but I'm not, finished. But you didn 't do it because of the — you thought these were the best projects that could be fitnded. You City of Miami Page 73 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 went to each one of us because you knew the political debate would be about — it would he about what we think are the priorities because we know our communities best. Mr. Ihekwaba: So, Commissioner — Commissioner Diaz de la Portilla: You know our city best, so if you could tell us, this is what we should be doing, and we subtract the $25 million off Commissioner Reyes's list, and we'll come back and do what we need to do. And we'll have the meetings as to what happens in the rest of the city. Mr. Ihekwaba: So, Commissioner, if you recall, 1 believe back between April and May, we had a consultant make a presentation to the City Commission — Commissioner Diaz de la Portilla: I remember, yes. Mr. Ihekwaba: -- of the entire City of Miami, Miami Forever — no sorry, stormwater utility master plan that will address on a global phase how to address sea level rise. It was presented to the City Commission. The direction we got back was come back to our individual offices and let's have a deeper dive. And we did. And based on that conversation, there were prioritization of projects that was beyond what the consultant had recommended. Consultant gave us priority level on a citywide level. We brought it lower to your district level for you to give us guidance as to which your preferences will be. And that's where we are today. So, Commissioner Reyes decided to move ahead. Our recommendation was to leverage the $200 million bond — Commissioner Diaz de la Portilla: Into more. Mr. Ihekwaba: -- and find additional sources of funding so that we can accomplish more. Commissioner Diaz de la Portilla: To get the max resource. Mr. Ihekwaba: That 200 is a drop in the bucket. Commissioner Diaz de la Portilla: Right. Mr. Ihekwaba: But if you leverage, you find funds or maybe the Nature Conservancy or some other sources of funding, we will accomplish more than $200 million value. Commissioner Diaz de la Portilla: Of course. Mr. Ihekwaba: That's what we intended to do. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: So, Commissioner King, you're recognized. Commissioner King: Well, clearly, I wasn't here when all of that was happening, and I'd like to see an equitable distribution of the funds because in my district is Biscayne Bay. There's a tremendous amount offlooding, we have sea level rise issues, and I just want to make sure, and I'm not trying to divvy it up by district, but I want to make sure that District 5 is in. And I campaigned on that because this money, has been around since 2017, and in my campaign, I said I would expedite the funding of this money and allocate it to what is needed. I have streets in my district where when it 's flooded, families are riding down the street in a canoe. So, I want to make sure that I amincluded in this, because clearly I wasn 't here in April, May, or July, but I want to City of Miami Page 74 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 make sure that District 5 has an opportunity to he included before all of the money is gone. Mr. Ihekwaba: So, Commissioner, I think the Administration would love to schedule perhaps a briefing session with you, so that we can walk you through the process of how we got here and seek your guidance in terms of what your preferences and priorities are for the stormwater master plan. Vice Chair Russell: Thank you, Mr. Ihekwaba, because certainly in District 2, I can name off the top of my head, 30 million in projects that would be ready to go between Edgewater, Morningside, flooding, pump stations, et cetera. So, Commissioner Reyes is ready to go today. 1 am as well with the asks, but 1 don 't want this to be a run on the pot that we all fight over. So is there a will here to support Commissioner Reyes with his ask today because of his proactive preparedness and that the remainder of us move forward next month. Commissioner Diaz de la Portilla: Absolutely. Vice Chair Russell: When we get some time. Commissioner Diaz de la Portilla: Absolutely. I'll move it. Vice Chair Russell: Alright. So, Commissioner Reyes already moved his item — Commissioner Diaz de la Portilla: I'll second it. Vice Chair Russell (UNINTELLIGIBLE) seconded it as well. Mr. Hannon: And Chair I just have one last amendment to the third whereas clause. I would need to include Resolution R-21-0459. Vice Chair Russell: Got it. Commissioner Reyes: Okay. Vice Chair Russell: Alright, Commissioner Reyes. Commissioner Reyes: Yes. Vice Chair Russell: Go for it. Is there any further discussion for RE.5? Commissioner Carollo: There is. The discussion is that even in all of our districts, there's no way that there's enough money for everything here. You're telling us that, well, you want to leverage it, then it is your obligation to explain to us the best way to leverage it and to move forward. We don't have the staff to do the work that you guys do, that this requires, nor do we have the expertise. We know where problems are at. The figures that are there are huge figures, no matter which one of our districts you can look at. They're huge figures that $170 plus million that's left is not going to be able to handle all of it. So, we have to decide, and you have to recommend to us, which are the areas within our district, try to be as fair as you can, even though there are areas that it's a little more difficult, because for instance, District 2 is the richest district in the City, but they also have the most waterfront in the City. So, you know, that's a point of contention. I have a huge area of the Miami River. Commissioner Diaz de la Portilla has a huge area. District 4 doesn't have that waterfront, but back 1 remember from my days in Maurice Ferre, it's got probably the lowest areas in the whole city, City of Miami Page 75 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Diaz de la Portilla: Flagami, yeah. Commissioner Carollo: Some parts that are below sea level by the way. District 5, it's got a chunk of waterfront also. So, we have to decide, with your guidance, which are the projects that we're going to jump on that could be done the quickest. And none of us have the expertise or the personnel in our offices to come to those conclusions. Commissioner Reyes: Okay. Vice Chair Russell: Alright. He wants to go while he 's got it. Commissioner Reyes: I mean — Vice Chair Russell: Alright. Any further discussion on RE.5? Commissioner Diaz de la Portilla: Quit while you 're ahead. Vice Chair Russell: Yeah. We might change our minds. Commissioner Diaz de la Portilla: We need to go. Commissioner Carollo: We set the discussion. 25 that comes out of his pot. Commissioner Diaz de la Portilla: Out of his pot. Commissioner Carollo: You got it earlier, but it comes out of the pot. Whatever you're going to get. Commissioner Diaz de la Portilla: And he already nodded yes, right? So, the record reflects that he nodded yes. Vice Chair Russell: Alright. Any further discussion on RE.5? Commissioner Diaz de la Portilla: No. Vice Chair Russell: All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Mr. Hannon: As amended. Vice Chair Russell: Motion passes on RE.5 as amended. Commissioner Reyes: If I -- if I can make a comment. I'm sorry, but I'm glad that I brought this up, because this way, every one of you guys are aware what's going on. And we -- we went ahead with it because of what I just explained. We are asking for matching Ands. Vice Chair Russell: Yeah. Commissioner Reyes: And we need to have bid numbers and matching -- I mean funds in order to be matched. Vice Chair Russell: Yeah. City of Miami Page 76 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 RE.6 RESOLUTION 11014 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TWO (2) TEMPORARY EVENT LIMITATION PER YEAR FOR THE PRIVATE PROPERTY LOCATED AT 2805 SOUTHWEST 32 AVENUE, MIAMI, FLORIDA PURSUANT TO SECTION 62-521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "TEMPORARY EVENTS IN GENERAL," TO ALLOW FOR THE SALE OF LEGAL FIREWORKS STARTING DECEMBER 26, 2021 AND ENDING DECEMBER 31, 2021. ENACTMENT NUMBER: R-21-0480 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, King Note for the Record: For minutes referencing Item Number RE.6, please see "End of Consent Agenda" and Item Number RE.2. RE.7 RESOLUTION 11032 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES ("AFCSME") LOCAL 871 AND A SEPARATE MEMORANDUM OF UNDERSTANDING, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH AFCSME LOCAL 1907 FOR A ONE-TIME, NON -PENSIONABLE 1.7% PREMIUM PAY FOR ELIGIBLE EMPLOYEES OF AFCSME LOCAL 871 AND AFCSME LOCAL 1907 WHO PERFORMED ESSENTIAL WORK DURING THE NOVEL CORONAVIRUS PANDEMIC AND WHO DID NOT RECEIVE PREMIUM PAY AS IDENTIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO BE DISPERSED FROM THE DISTRICT 2 COMMISSIONER'S ALLOCATION OF AMERICAN RESCUE PLAN ACT ("ARPA") FUNDS IN AN AMOUNT NOT TO EXCEED ONE MILLION DOLLARS ($1,000,000.00), SUBJECT TO ALL FEDERAL, STATE OF FLORIDA ("STATE"), AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0481 City of Miami Page 77 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, King Note for the Record: For minutes referencing Item Number RE.7, please see "End of Consent Agenda" and Item Number RE.2. RE.8 RESOLUTION 11033 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND AUTHORIZING THE RATIFICATION OF THE SECOND AMENDMENT TO THE 1996 INTERLOCAL COOPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM ("2020 SECOND AMENDMENT ILA"), BETWEEN MIAMI-DADE COUNTY ("COUNTY"), THE CITY OF MIAMI ("CITY"), AND THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA") IN ORDER TO EXTEND THE LIFE OF THE OMNI CRA TO 2047; AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2020 SECOND AMENDMENT ILA AND TAKE ANY AND ALL NECESSARY ACTIONS CONSISTENT WITH THIS RESOLUTION; FURTHER DIRECTING THE CITY MANAGER TO WORK WITH THE EXECUTIVE DIRECTOR OF THE OMNI CRA TO ENSURE A COPY OF THE 2020 SECOND AMENDMENT ILA IS TRANSMITTED TO THE COUNTY FOR REVIEW, APPROVAL, AND ACCEPTANCE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, King Note for the Record: Item RE.8 was deferred to the January 27, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.8, please see "Order of the Day" and "End of Consent Agenda." City of Miami Page 78 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 RE.9 RESOLUTION 10577 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), WAIVING CERTAIN SIDEWALK AND STREET CAFE FEES SET FORTH IN CHAPTER 54/ARTICLE VI/SECTIONS 54-224(A)(2) AND (A)(4) AND SECTIONS 54-224(B)(2) AND (B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "STREETS AND SIDEWALKS/SIDEWALK AND STREET CAFES/FEES AND SECURITY DEPOSIT"; SPECIFICALLY WAIVING SIDEWALK AND STREET CAFE PERMIT FEES ASSESSED UNDER SECTIONS 54-224(A)(2) AND 54- 224(A)(4) OF THE CITY CODE AND THE SECURITY DEPOSIT ASSESSED UNDER SECTION 54-224(B)(2) AND 54-224(B)(4) OF THE CITY CODE DURING THE REMAINDER OF THE CONSTRUCTION OF THE FLAGLER STREET BEAUTIFICATION PROJECT ("PROJECT") UNTIL SUBSTANTIAL COMPLETION OF THE PROJECT AS PROVIDED HEREIN FOR DOWNTOWN MIAMI SIDEWALK AND STREET CAFES LOCATED IN THE AREA BOUNDED BY THE WEST SIDE OF NORTHWEST/SOUTHWEST 1ST AVENUE ON THE WEST, BY THE NORTH SIDE OF NORTHWEST/NORTHEAST 1ST STREET ON THE NORTH, BISCAYNE BOULEVARD ON THE EAST, AND BY THE SOUTH SIDE OF SOUTHWEST/SOUTHEAST 1ST STREET ON THE SOUTH, AS FURTHER DESCRIBED IN EXHIBIT "A"; PROVIDING FOR A SUNSET PROVISION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-21-0483 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, King Note for the Record: For additional minutes referencing Item Number RE.9, please see "End of Consent Agenda." Vice Chair Russell: RE.9 is related to SR.2. Commissioner Reyes, would you like to move that one? Commissioner Reyes: Yes, I move it. Commissioner Diaz de la Portilla: I'll second. Vice Chair Russell: Seconded by Commissioner Diaz de la Portilla on RE.9. Is there any further discussion? All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. City of Miami Page 79 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 RE.10 11007 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CO - DESIGNATING SOUTHWEST 36TH COURT FROM SOUTHWEST 8TH STREET TO SOUTHWEST 11TH STREET, MIAMI, FLORIDA AS "CONCHA VALDES MIRANDA WAY" PURSUANT TO SECTION 54-137 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. ENACTMENT NUMBER: R-21-0484 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, King Note for the Record: For minutes referencing Item Number RE.10, please see "Order of the Day" and "End of Consent Agenda" and Item Number RE.2. END OF RESOLUTIONS City of Miami Page 80 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 9521 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "STREETS AND SIDEWALKS", SPECIFICALLY BY AMENDING ARTICLE 1, TITLED "IN GENERAL", TO ALLOW ADVERTISEMENTS ON NEWSRACKS AND BY AMENDING ARTICLE VII, TITLED "NEWSRACKS ON PUBLIC RIGHTS -OF -WAY", TO ALLOW ELECTRONIC NEWSRACKS AND ESTABLISH REQUIREMENTS FOR ELECTRONIC NEWSRACKS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, King Note for the Record: Item SR.1 was deferred to the January 13, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number SR.1, please see "End of Consent Agenda." SR.2 ORDINANCE Second 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. ENACTMENT NUMBER: 14035 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, King Commissioner Carollo: Commissioner King, if he's going too quick, Commissioner King: I'll slow him down. Commissioner Carollo: Don't hesitate. You tell him. Commissioner Reyes: Slow him down. Slow him down. City of Miami Page 81 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner King: I'll slow him down. Commissioner Reyes: Okay. Vice Chair Russell: She's faster than you think. Commissioner Carollo: No, she's fast, but -- Vice Chair Russell: She's doing just fine. She's going to run circles around this dais. Commissioner Carollo: The -- Commissioner Diaz de la Portilla: She is a woman, after all. Commissioner Carollo: Sometimes he kind of goes around the side, you know, like with that hundred thousand. Vice Chair Russell: Alright, so we're ready for the SR (Second Reading) agenda. Let's take SR.2, which is the sidewalk cafes. Commissioner Reyes, would you like to move SR.2? Commissioner Reyes: Yeah, I'll move it. Commissioner Diaz de la Portilla: I'll second that. Commissioner Carollo: These have to do strictly with the street -- Vice Chair Russell: Yes, the -- Commissioner Carollo: -- not in the back, in the sides -- Commissioner Reyes: No, no, no, no -- Commissioner Carollo: -- street only. Commissioner Reyes: I know where you're going, and I'm totally opposed to that. Commissioner Carollo: Okay. Alright. Very good. Vice Chair Russell: Moved by Commissioner Reyes -- Commissioner Carollo: (UNINTELLIGIBLE) Manager -- Vice Chair Russell. • -- seconded by Commissioner Diaz de la Portilla. Commissioner Carollo: Wherever the Manager's at, I hope he heard that from Commissioner Reyes. Commissioner Reyes: (UNINTELLIGIBLE). Victoria Mendez (City Attorney): So that SR.2 is for the sidewalk cafes and the street cafes. Vice Chair Russell: Yes. Ms. Mendez: So those are the ones with -- City of Miami Page 82 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Reyes: That's right. Ms. Mendez: Right. Now I believe my -- my understanding is that there were parts of the city where this wasn't -- Vice Chair Russell: They would like to be exempted. I'm about to bring that up. Ms. Mendez: Yes. Okay. Commissioner Reyes: Yes. Ms. Mendez: And then after that, I believe that Commissioner Reyes has a few more revisions that he would like me to read into the record. Vice Chair Russell: That's fine. So, the first revision I'd like to bring up is that the Coconut Grove BID (Business Improvement District) has requested to be exempted from this program. Commissioner Reyes: I agree with it. Vice Chair Russell: However, Commissioner Reyes: Fuller Street. Vice Chair Russell: Fuller Street is different. And that's a closure where they're seeking an extension because I'm working with Commissioner Regalado at the County to see what's possible on making that a long-term activation of that street without vehicular activity. Commissioner Reyes: (UNINTELLIGIBLE). Vice Chair Russell: So that -- that would be separate from this. I'll be asking for just direction to the Manager to work on the extension of Fuller. But for this particular amendment, it was just to -- the amendment would be just to remove the BID, the Coconut Grove BID. And I believe Midtown's already noted in -- in -- Commissioner Reyes: Midtown (UNINTELLIGIBLE) -- Ms. Mendez.: We would have to make both those revisions. Midtown -- Vice Chair Russell: So that would be a floor amendment. Ms. Mendez: Right, it would be a floor amendment to remove Midtown and to remove the BID. Vice Chair Russell.• Coconut Grove. Ms. Mendez: Now you had -- Coconut Grove bid. Now, you had wanted a distinction between items on the Fuller Street. Fuller Street is a permit, a closure permit, and that's till December 31st. Vice Chair Russell: Yes. Ms. Mendez: But if you're removing them from the project, you could still have the closure, you just won't have the cafes in there. So -- because you're removing them from it. So, I -- it would have to be something else, some other type of -- maybe you can have just Fuller Street, as a thought. But I just wanted to tell you, because you City of Miami Page 83 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 asked a very good question about that, which was, does it end the next day? It doesn't end the next day for closure purposes, but arguably, when this goes into effect, so in 10 days or what have you, whenever this ordinance goes into effect, their street cafe use, if any, that stops if you're pulling the BID out. If Fuller, Fuller's in the BID, right? Vice Chair Russell: Yes. Ms. Mendez: Okay. Vice Chair Russell: So, then the correct way to request it would be to exempt the BID Commissioner Reyes: Absolutely. Vice Chair Russell: -- other than Fuller Street. Commissioner Reyes: Other than. Fuller Street. Commissioner Diaz de la Portilla: Fuller Street. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: Okay. Just to make sure. Commissioner Reyes: No, no, no, Fuller Properties. Commissioner Diaz de la Portilla: It's Fuller Street. Vice Chair Russell: Let's not go there. So, is that clear? I think we're okay there. And then Midtown as well, the mover and seconder accept the amendments? Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: Alright. Can we read that into the record, please? Ms. Mendez.: The title? Vice Chair Russell: Yes. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: As amended. As we discussed that the BID -- Coconut Grove BID and Midtown would be removed and Fuller Street -- Vice Chair Russell: Will remain. Ms. Mendez: -- will remain. Now I believe that Commissioner Reyes also has some amendments and basically, I'm not going to read all -- like the whole substantive, but just the points that for the street cafes, the yearly permits, the street cafe will be yearly permit, not monthly as initially drafted. That's easier tracking for compliance and it'll be a non-refundable application fee of $175, and it'll be annual. Annual. So that's the one revision. The second revision is that umbrellas are allowed to have advertising on them if it is a government agency sponsored event. So that will -- those are the -- and then, sorry, a couple more revisions. Then we have the third revision is going to City of Miami Page 84 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 require encroachment agreements. And the fourth revision has to do with requiring the approval of the street cafe if it affects compliance with parking. Then you have the revision that requires -- actually, the revision that requires abutting and affronting neighbor consent, but we're going to do that as an appellate process. Commissioner Reyes: Can we revisit CA.6 and 7?. Ms. Mendez: And finally -- finally that we're going to be, the enforcement section is as drafted in prescribing to Chapter 2 -- prescribed by Chapter 2. So those are the main revisions, and we will obviously codi that appropriately from Commissioner Reyes. Vice Chair Russell: Thank you. Does the mover and does the seconder agree with those amendments? Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: Yes. Vice Chair Russell: Alright. Any further discussion? All in favor say, "aye. " The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. City of Miami Page 85 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 SR.3 ORDINANCE Second Reading 10663 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 35/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "MOTOR VEHICLES AND TRAFFIC/COCONUT GROVE BUSINESS DISTRICT, DESIGN DISTRICT AND WYNWOOD PARKING IMPROVEMENT TRUST FUNDS"; MORE PARTICULARLY BY AMENDING SECTIONS 35-220 OF THE CITY CODE, TITLED "REQUIRED OFF-STREET PARKING AND PAYMENT IN LIEU OF REQUIRED OFF-STREET PARKING", BY CLARIFYING THE PARKING WAIVER PROCESS AND BY ESTABLISHING SECTION 35-237, TITLED "DOWNTOWN FLAGLER DISTRICT PARKING AND LOADING IMPROVEMENT PROGRAM AND TRUST FUND - ESTABLISHED", SECTION 35- 238, TITLED "FUNDS MADE AVAILABLE; FINANCIAL REPORT", SECTION 35-239, TITLED "SCHEDULE OF FEES AND CHARGES FOR DOWNTOWN FLAGLER DISTRICT PARKING AND LOADING IMPROVEMENT TRUST FUND", AND SECTION 35-240, TITLED "PARKING AND LOADING WAIVER CERTIFICATES; REVOCATION; REFUNDS", TO ESTABLISH THE DOWNTOWN FLAGLER DISTRICT PARKING AND LOADING IMPROVEMENT PROGRAM AND TRUST FUND; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14036 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, King Note for the Record: For additional minutes referencing Item Number SR.3, please see "Public Comments for all Item(s)." Vice Chair Russell: SR.3 is the Flagler District. Is there a motion on that? Commissioner Carollo: Move. Commissioner Reyes: Second. Commissioner Diaz de la Portilla: Second. Vice Chair Russell: Moved by? I'm sorry, who was the mover? Commissioner Carollo: I did. I was. Vice Chair Russell: Okay. Commissioner Carollo is the mover. Commissioner Reyes is the second. I would like to see if there's room on this board Ibr a D2 (District 2) appointee, as the Flagler District is within Commission District 2? Is that something we could work on? Commissioner Reyes: You mean in the BID (Business Improvement District)? Vice Chair Russell: Yes. City of Miami Page 86 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Reyes: If we can do it as a governmental body, I'll agree with it. As a matter offact, I would like you to be representing that. Vice Chair Russell: I didn't say me per se, but a D2 appointee. Commissioner Reyes: No, no but I'm just saying the -- Vice Chair Russell: It could be. It could be. Commissioner Reyes: -- District 2 -- Vice Chair Russell: District 2 would have an appointee. Commissioner Reyes: Had an appointee or the commissioner. Vice Chair Russell: Or it could be the commissioner. Commissioner Reyes: Or be the commissioner. Vice Chair Russell: But that would create an even number of seats. Is there a problem with that? Commissioner Diaz de la Portilla: Of course. Commissioner Reyes: Well. Commissioner Diaz de la Portilla: Don't you have a lot on your plate already, Chairman? Vice Chair Russell: I just need the district to have representation there. I'm not saying I want to sit there. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: But we definitely need to keep an eye on and be involved. Commissioner Reyes: You want -- you want a voting member or a non -voting because you can have an appointee which would be a non -voting member and that's -- Vice Chair Russell: No, I'd like a voting member. Commissioner Reyes: You'd like a voting -- Vice Chair Russell: We're dealing with funds here. Commissioner Carollo: I'll tell you what, if you guys can't come to a conclusion, then you can put in the ordinance (UNINTELLIGIBLE) me and I'll -- Commissioner Reyes: Okay, let's get the Manager to appoint somebody else and then we'll be done. Vice Chair Russell: Alright, so a Manager's appointee and a D2 appointee is mover and seconder agree with those amendments. Commissioner Carollo: If we're going to do that, then let's -- City of Miami Page 87 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Diaz de la Portilla: Why are you making it so very -- Vice Chair Russell: (UNINTELLIGIBLE). Commissioner Carollo: Commission as a whole. Commissioner Diaz de la Portilla: What's the purpose? Commissioner Carollo: I don't want to be giving our power away to the manager or anybody else. Vice Chair Russell: Okay. Commissioner Diaz de la Portilla: I agree with that. Vice Chair Russell: So an at -large -- an at -large commission. Commissioner Diaz de la Portilla: Butl want to know -- Vice Chair Russell: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: -- hold on. I would like to know why. Vice Chair Russell: Got it. So, this is a BID. Commissioner Diaz de la Portilla: I know. Vice Chair Russell: All of the bids are handling funds and allocating towards projects. And so, I believe every BID that currently exists does have appointees from the districts in which they reside. And so, this isn't unprecedented. Am I wrong, Mr. Garcia -Pons? Cesar Garcia -Pons: Excuse me, Mr. Garcia -Pons, Planning Director, it's not a BID, it's a trust fund. Commissioner Diaz de la Portilla: Correct. Totally different. Vice Chair Russell: Thank you. I'm misspeaking. The Flagler District Trust Fund. Mr. Garcia -Pons: But yes, most of the other -- most of the other trust funds have an appointee from the district. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: Who are the members of the trust fund? Mr. Garcia -Pons: So -- Commissioner Diaz de la Portilla: And who names them? Educate me. Vice Chair Russell: There's a DDA (Downtown Development Authority) seat, an MPA (Miami Parking Authority) seat, two seats from business -- who am I missing on the fifth? Mr. Garcia -Pons: There's the CEO of the parking -- Commissioner Reyes: Planning Department. City of Miami Page 88 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: Planning Department, thank you. Mr. Garcia -Pons: -- the director of the Planning Department -- Commissioner Reyes: (INAUDIBLE). Mr. Garcia -Pons: -- a property owner, a tenant or restaurant owner, a DDA executive director, and an appointee from the DDA. And now the D2 and the Manager's appointee. Vice Chair Russell: Oh, it's the DDA executive director, it's not the Flagler BID executive director? Mr. Garcia -Pons: It is the DDA executive director. Vice Chair Russell: Got it. So, DDA basically has two seats. Mr. Garcia -Pons: They have the executive director and an appointee. Vice Chair Russell: On the trust fund. Okay. And so, the idea here would be to add a D2 seat and an at -large commission seat. Does that sound good? Commissioner Diaz de la Portilla: I'm not -- I'm not convinced. I'm not convinced on the why you want to do it. Vice Chair Russell: Because we're allocating funds within a district. And so, it's good to have all stakeholders at the table to build consensus and make sure there's a voice especially of the elected body represented there. If there's -- Commissioner Carollo: Hold on, hold on, hold on. Now you made it clear, you said stakeholders. So, the at -large should not be at -large. It should be Bayfront Park that we're part of the neighborhood and the stakeholders. Commissioner Reyes: You know what makes sense? Let me tell you, I mean, not because of Commissioner, but I think that people that are affected by whatever happens in Downtown, you see, in that business area, I think they should have a say. Commissioner Diaz de la Portilla: But if it ain't [sic] broke, what are you trying to fax? Vice Chair Russell: That -- that area with the Flagler renovation? Commissioner Diaz de la Portilla: No, I'm not talking about the area. I know the area very well. Vice Chair Russell: This is new. This is new. Commissioner Diaz de la Portilla: I know the area very well. I'm not talking about the area. I'na talking about what -- you're trying to change the structure of a board. Commissioner Reyes: That's a good question. Commissioner Diaz de la Portilla: What are you trying to fix? What's the problem with the current structure of the board right now? That's a question. What are you truing to fix, if something needs fixing? City of Miami Page 89 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: 1 want the voters, the residents who elect us to have a voice on the expending offunds within in our city. Commissioner Diaz de la Portilla: Well, they do because what's the representation again? Vice Chair Russell: Which elected -- who on that body? Commissioner Diaz de la Portilla: It doesn't matter who. There's a role as a City Commission, there's a role on these boards. It's different. Otherwise, you have all the coastal districts, you -- well, you already have 5 or 4, whatever you have, you want to have 7, right? It doesn't work that way. It seems that the accumulation of power that's -- that's a little bit, to be frankly self-serving. Vice Chair Russell: I'm not looking to sit on it. I'm looking to have an appointee of the office. Commissioner Diaz de la Portilla: You're looking to name someone to sit on it, so it's the same thing. The question is, what's wrong with the board right now, with the trust fund? What's wrong with it? Vice Chair Russell: It doesn't have representation. Commissioner Diaz de la Portilla: Well, does it? Vice Chair Russell: It's un-elected. Commissioner Diaz de la Portilla: What does it have? Tell me again. Mr. Garcia -Pons: The representation that's currently in the amendment is the CEO of the Miami Parking Authority, the Executive Director of the Miami Downtown Development Authority, one appointee from the Miami Downtown Development Authority, the Planning Director, one voting member -- property owner, one retail or restauranteur, and that's it. Commissioner Diaz de la Portilla: Those are stakeholders. So, if the Downtown Development Authority is tasked with dealing with these issues. Why are you going to change a board -- Vice Chair Russell: It's not. Commissioner Diaz de la Portilla: It is. Vice Chair Russell: It's a stakeholder. Commissioner Diaz de la Portilla: Well. Vice Chair Russell: I don't know what the opposition would be to having our body have representation. Commissioner Diaz de la Portilla: I don't know why that proposal exists. Tell me what's broken that you want to fix and then I may buy into it. What's broken that you want to fix? Vice Chair Russell: Okay, so the parking trust fund should be helping us alleviate parking and congestion issues in that area. And it's going to be significant. It is significant. And so those who are working within the elected body, managing the City of Miami Page 90 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 budget of the City, as well as representing the residents of that area, should have a say so. Commissioner Reyes: Well., why don't we -- if we are going to -- we are concerned about residents, why don't we include a resident from Downtown Miami? Commissioner Diaz de la Portilla: Of course. Commissioner Reyes: You see? Commissioner Diaz de la Portilla: And the Manager can pick the resident or we can. Commissioner Reyes: That's right, a resident. Because now downtown Miami is a little city. I mean, it's over a hundred and some thousand people living there. So, they are going to be very much affected by it, directly affected by them. I would recommend a resident of the -- Vice Chair Russell: I'm open to that. Commissioner Diaz de la Portilla: I would agree to that. Commissioner Reyes: Okay, instead of having somebody else, okay? Vice Chair Russell: And who appoints them? Commissioner Reyes: That would be appointed by, let's say -- isn't that a -- we have -- Commissioner Diaz de la Portilla: Well, the Manager can propose a resident, and we vote -- and we vote on it. Hold on. Hold on, Commissioner Carollo, and we vote on it. Vice Chair Russell: This isn't a power grab. Commissioner Reyes: The Commission -- Commissioner Diaz de la Portilla: Well, it is. It is actually. It's a power grab by you. Commissioner Carollo: Don't get the Manager involved (UNINTELLIGIBLE). Commissioner Reyes: The Commission as a whole gets names from their -- I mean a recommendation ofpeople. And as a matter offact, there is a community organization being formed there, you see? So, we can -- we can get somebody from that -- from that community organization there, see, that they will recommend, and we appoint. Commissioner Carollo: Well, that's then the sixth member, right? But then the seventh, I guess, is going to be Bayfront Park to select one. Commissioner Diaz de la Portilla: I think the Downtown Development Authority Director should appoint an additional member. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: And the Bayfront Trust should appoint an additional -- Vice Chair Russell: So, it would be another three -- City of Miami Page 91 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Diaz de la Portilla: No, no, no. Two more members. One appointed by the Chairman of the Downtown Development Authority and one appointed by the Bayfront Park Trust. That's the way it should be. And -- and you can make them members or residents of the area. That's fine. Commissioner Reyes: Let me tell you something. I think that, yeah -- Commissioner Diaz de la Portilla: And that's two more members. You have an even number. Vice Chair Russell: No, that's the DDA having three seats. Commissioner Reyes: Listen -- Commissioner Diaz de la Portilla: No, it doesn't matter. It's not the DDA. It's the chairman -- Commissioner Reyes: That's (UNINTELLIGIBLE) -- Commissioner Diaz de la Portilla: Let me just make my argument. I think we have a solution. Commissioner Reyes: 1 think you are -- you are into something good. Commissioner Diaz de la Portilla: I am. Commissioner Reyes: DDA represents -- Commissioner Diaz de la Portilla: The area. Commissioner Reyes: -- an area that has a lot of residents. Commissioner Diaz de la Portilla: Correct. Commissioner Reyes: So DDA will appoint a resident. Commissioner Diaz de la Portilla: A resident, an additional member the DDA appoints, but is a resident, and the Bayfront Park Trust Fund -- Management Fund, appoints another member. Commissioner Reyes: Another resident. Commissioner Diaz de la Portilla: All the impact -- all the stakeholders, as you said, Mr. Chairman, all the stakeholders. That way we get two more appointees, and that way it's an odd number; and we're good to go. I think that's a solution that works for everyone. Commissioner Reyes: That's right. Vice Chair Russell: I don't see it. I don't see why we as a body would be against us having representation on that board. If it's a resident, he would (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Diaz de la Portilla: It's not just under your control, that's all. Commissioner Reyes: What is -- what is the function of the trust? City of Miami Page 92 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: To expend funds to solve problems. Commissioner Reyes: To manage the funds that have been collected by them. Commissioner Diaz de la Portilla: Right, correct. So, it's not -- Commissioner Reyes: You see? Not by us, collected by them. And -- and the only thing that I think that we can, if you want some power over it, or if you want to have, let's say, some supervision on it, tell them they should come to the Commission and (UNINTELLIGIBLE) -- Commissioner Carollo: 1 would be willing to go with one resident from the area. I think that's appropriate. Commissioner Reyes: I think we need it. Commissioner Carollo: DDA names, whatever names it, I don't care. Vice Chair Russell: The DDA is not a resident body -- Commissioner Carollo: (UNINTELLIGIBLE) from the area. Vice Chair Russell: The DDA is not representative of residents. The DDA is representative of property owners. Commissioner Diaz de la Portilla: One resident and the other member -- (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Reyes: Property owners, but it encompass the whole -- Vice Chair Russell: Which is a good voice to have, but I'm saying it doesn't balance. They don't -- they're not elected or appointed by residents. Commissioner Reyes: You want to appoint somebody. Vice Chair Russell: Us. I would say us as a body. I'm okay if it's an at -large seat. It's about that there's no elected oversight. Commissioner Diaz de la Portilla: Where I think the consensus -- where I think the consensus is right now, or the majority of this Commission, is that we do what I propose and that Commissioner Reyes agrees with. The Downtown Development Authority Director names one, and the Bayfront Director -- Chairman names one, and then only one has to be a resident, and the other one could be just whoever. You guys can figure that out. Commissioner Reyes: Must have some -- must have some -- Commissioner Diaz de la Portilla: And some interest -- some interest, some stake in there. And that way, the two -- the two impacted entities, which are Bayfront and Downtown Development Authority, really impacted in that area, Flagler, right? That's what we're talking about, because we're not talking about an entire -- remember, you don't only represent Flagler. You represent Coconut Grove, and West Grove, and a whole bunch of other areas, Edgewater, that are way outside this area. So, you don't -- you represent a whole bunch of areas. I think people that are more in tune with what's happening in that particular part of -Your district, like Downtown City of Miami Page 93 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Development Authority, the Bayfront Park people, that that's a better representation of that area, in my opinion. So that's what 1 would advocate for. If it's the will of the body. Commissioner Reyes: I agree with that. I agree with that. Vice Chair Russell: I disagree. Commissioner Reyes: We need residents. Vice Chair Russell: I disagree. 1 believe that trust fiord should have oversight of the elected body. I'm not saying it has to be me, and I think that's where it got off track. I'm not looking (UNINTELLIGIBLE) me. Commissioner Carollo: But we've got oversight -- Vice Chair Russell: I think it should be an at -large -- Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) two elected officials -- Vice Chair Russell: -- I don't think the DDA should have three appointees, I think it should be the DDA can have their two, but this body should have at least one. That's all I'm saying. And if you want one of the Bayfront Park Trust, you've got two of the DDA and one at -large of this body, I would be satisfied. And that way it doesn't look like it's me trying to control this, which I'm not. It's -- I'm saying these are funds being expended. They'll be choosing where parking garages go. They'll be choosing these sorts of things. Commissioner Reyes: No, they'll be proposing it, and we are going to be deciding. Commissioner Carollo: What a -- Commissioner Reyes: You see, they're going to be proposing. They're not choosing. They are -- let's make sure about something. That trust -- that trust doesn't have free hands. They cannot use those funds as they see fit. They have to come to us. They have to come to us, and we are the ones -- we are supervising anyway, you see? I mean they cannot decide where the parking garage is going to be before they have to come here and suggest. Commissioner Carollo: Madam -- Madam City Attorney, this is a very lively, interesting -- Commissioner Reyes: Conversation. Commissioner Carollo: -- conversation that we've been having, but can you tell us -- Victoria Mendez (City Attorney): I just need direction. Commissioner Carollo: -- if we're able to change the composition of that BID or not? Ms. Mendez: Well, this is -- Commissioner Diaz de la Portilla: Trust fund. Vice Chair Russell: Trustfitnd. City of Miami Page 94 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Ms. Mendez: -- this Trust fund is -- is -- we can -- we can add this now because that's the ordinance. Commissioner Carollo: Okay. Alright. Ms. Mendez: We can add it. You just have to tell me who we're adding. Commissioner Diaz de la Portilla: So, I would move -- Ms. Mendez: And then there's another little change, by the way, that Commissioner Reyes wants. Commissioner Diaz de la Portilla: I would move what we were proposing, what I proposed, to add two members, one resident, one named by the Downtown Development Authority Chairman, and one named by the Bayfront -- Commissioner Carollo: One a resident -- Commissioner Diaz de la Portilla: One resident, yes sir. Commissioner Carollo: One resident by the DDA. It has to be a resident. Commissioner Diaz de la Portilla: A resident by the DDA and then by the Bayfront Park Trust. Commissioner Carollo: The Chairman. Commissioner Diaz de la Portilla: It could be the Chairman of the Bayfront Park Trust, sorry, whoever he picks. Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: Or she picks. Whoever it is. Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: Yeah, that's fair. Commissioner Carollo: I could drop dead tomorrow, and you know it could be another woman that comes. Commissioner Diaz de la Portilla: (Foreign Language). Vice Chair Russell: I guess I don't understand, and -- Commissioner Diaz de la Portilla: That's my motion. That's my motion. Vice Chair Russell: So, we have a mover and a seconder already, so this would be an amendment that you're proposing to the mover. Commissioner Diaz de la Portilla: Yes, sir. Vice Chair Russell: I guess I'm not understanding. So, it's okay for Commissioner Carollo to have an appointee, but not for me to have an appointee. Is that your goal here? Commissioner Reyes: That is, that -- City of Miami Page 95 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Diaz de la Portilla: No, that's not my goal. Vice Chair Russell: Well., that's exactly the change, because I said I would like representation. Commissioner Diaz de la Portilla: No, no, no, the problem is that you represent a very broad district that has conflicting interests. Vice Chair Russell: It doesn't. I serve this district. Commissioner Diaz de la Portilla: But you have conflicting -- Vice Chair Russell: And you're saying 1 shouldn't have a say on who goes on the board. Commissioner Diaz de la Portilla: I'm not saving that. I'm just proposing a better solution. Vice Chair Russell: Why is it better? Commissioner Diaz de la Portilla: I already told you. I explained it in three different ways. Number one, you represent a district that includes Coconut Grove, includes Edgewater, includes all the -- Vice Chair Russell: I was elected by the whole body. Commissioner Diaz de la Portilla: -- actually, Douglas Park, a whole bunch of areas that may have competing interests. They represent the Downtown Development Authority and the Bayfront Park. Vice Chair Russell: Who's they? Commissioner Diaz de la Portilla: They, the two chairmen. You know who they are. You know who they are. Come on. Don't, don't. Let's be direct here. They represent Commissioner Reyes. They, Commissioner Reyes represents the Downtown Development Authority, the Chairman of the Downtown Development Authority, and Commissioner Carollo is the Chairman of the Bayfront Park Trust. And those two areas are specifically, geographically attached to what happens on Flagler and what happens in that part of downtown. Vice Chair Russell: But District 2 -- Commissioner Diaz de la Portilla: They are better equipped. They are better equipped to pick someone that impacts that particular very small geographic area. Vice Chair Russell: They're, they're -- okay. So you're saying Commissioner Diaz de la Portilla: They are -- they are more representative of that area. Vice Chair Russell: Better equipped. Commissioner Diaz de la Portilla: Well don't, it's not -- Vice Chair Russell: Who were they elected by for that district? City of Miami Page 96 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Diaz de la Portilla: Don't get upset. Vice Chair Russell: No, no, this is very, this is very pointed. Because it was a simple amendment request, and it seems there's a very specific effort to make sure that that the -- Commissioner Diaz de la Portilla: No, no -- Vice Chair Russell: -- and let's take the personalities off of it because after not long, we'll all be gone. Commissioner Diaz de la Portilla: But you're personalizing things. Don't get that way. Calm down. It's not personal. It's just an argument that it makes more sense for the people, the area that's more directly impacted to have proper representation. That's the Downtown Development Authority and the Bayfront Park Trust. Those are the people that are most directly impacted by what happens on Flagler. Not Edgewater, not West Grove -- not the West Grove, not Douglas Park. That's all. So, it's not personal. Nothing against you. Vice Chair Russell: Let's take the personalities out of it completely -- Commissioner Diaz de la Portilla: I know, 1 hope so. Vice Chair Russell: -- and even the seats of the districts, and just say, yes, absolutely the DDA overlaps the area. Yes, the Bayfront Park Trust overlaps the area. Commissioner Diaz de la Portilla: And remember -- Vice Chair Russell: And the district encompasses the entire area. Commissioner Diaz de la Portilla: But districts are fluid. They're about -- we're about to hear about redistricting. Vice Chair Russell: Well, they are what they are for the moment. Commissioner Diaz de la Portilla: We're about to hear about redistricting. You're going to lose a big chunk of your district. You're over -- you know, you have too many people you're representing. Vice Chair Russell: It's true. Commissioner Diaz de la Portilla: You're going to lose -- Vice Chair Russell: Okay. So, let's just bring this to a head. Commissioner Diaz de la Portilla: And you're going to lose, you're going to lose like 20,000 people. Vice Chair Russell: Let's move past this, because it's a minor thing that we're making a big thing about. Commissioner Diaz de la Portilla: So maybe you lose those people. Vice Chair Russell: Commissioner. Commissioner Diaz de la Portilla: Maybe you lose those people. So, what I think we should do, and I have an amendment that I'm offering, City of Miami Page 97 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: Is what I already offered. I said it five different ways now, I think four different ways now. And that's the amendment. And let the body vote on it. Vice Chair Russell: Commissioner Reyes, taking the personalities out of it, the amendment is that the Bayfront Park Trust and the DDA should have appointees to this board, but not the District 2 or this body. Do you accept that amendment? Commissioner Reyes: Let me -- the most important thing that -- I mean, the most important person that should -- should be represented and should be included is a resident. A resident of Biscayne Boulevard, you see, or resident of Downtown, a Downtown resident. I really believe that they must have a voice because it's their life that is -- that is going to be affected for whatever happens because since they live there. And if we're going to include, and I don't know why you wanted to add one more and all of that. Vice Chair Russell: I was just surprised it wasn't drafted with someone as a representative. Commissioner Reyes: You just brought those discussions, because it was fine the way it was, and I was going to -- since DDA was going to appoint somebody, 1-- I was -- as soon as --1 mean as long as I was a DDA Chair, I was going to suggest that -- to the board, because the DDA, the board is the one that decide, that the appointee should be a resident. That (UNINTELLIGIBLE) when this would be informed because I think that we need residents in those boards. But think we should leave it the way it was and look at it. We can always reform it later on, you see, if it doesn't work. I do understand that you are the District Commissioner, and you should have some say in it. I'm being honest. That's district commissioners have some say in it, you see. And if you want to propose that we as a body supervise everything, I mean, all the decisions that they're going to make, that -- that when -- how they're going to spend their money and all of that, I agree with you 100 percent, you see. But I don't know that what we are trying to -- I mean, reform this board of this trust, you see, now adding more people or less people and all of that, and getting engaged in this discussion. See, we haven't tried yet. You see, we don't know how it's going to work. Vice Chair Russell: Right, it's not about fixing something that's broken. It's about setting it up right from the start. Commissioner Reyes: I think that it's been set right from the start, making sure that the DDA appoints a resident. Vice Chair Russell: Okay, so it would be the Director of the DDA as one seat -- Commissioner Reyes: (UNINTELLIGIBLE). Vice Chair Russell: -- and a resident appointed by the director -- appointed by the DDA. Commissioner Reyes: Let me tell you something. The way that I've been running the DDA, and everybody, I mean, it is the board. The board will appoint, not the director. The board. The board will appoint -- Vice Chair Russell: A resident. City of Miami Page 98 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Reyes: A resident. The board. Vice Chair Russell: Got it. And then the other seat will be the director. Commissioner Reyes: The board. Vice Chair Russell: No, no, no, there's a second seat for the DDA. Commissioner Reyes: The second seat, the board. Vice Chair Russell: The board will appoint a board member. Commissioner Reyes: The board will appoint both members. You see -- Vice Chair Russell: Okay. Commissioner Reyes: -- I don't believe in so much power to a person. What? Yes, the director sits on the board. Vice Chair Russell: Got it. And so, the DDA would have basically two seats. Commissioner Reyes: Two seats. The director sits on the board because that's the way that was formed, but the board will appoint a resident. Vice Chair Russell: Got it. But it will be a resident of the downtown area. Commissioner Reyes: (UNINTELLIGIBLE) in downtown. Vice Chair Russell: So, there's resident oversight. Commissioner Reyes: Okay. And that's the way we have that population represented. That I know you're concerned about it, but that population will be represented. And the only way that we can get them to be represented is by having a resident sitting in that trust. Vice Chair Russell: Got it. Commissioner Reyes: That's my opinion. That's it. Vice Chair Russell: Alright. I mean, I don't see the harm in our body having an appointee there. I didn't care if fit's me or if it's this body at -large. But, amendment rejected. You've clarified how you want it. Is there any further discussion? Commissioner Reyes: No. Vice Chair Russell.• Yes. Commissioner Diaz de la Portilla: Well, that means -- hold on. Vice Chair Russell: He rejected your amendment. Commissioner Diaz de la Portilla: No, no, no, no. Commissioner Reyes: Okay. Vice Chair Russell: He did. City of Miami Page 99 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Ms. Mendez: So right now, nothing, right? Commissioner Diaz de la Portilla: No, no, no. Hold on a second. Calm down. You're very, very tense today. The body stays, the board stays as it is, right? Vice Chair Russell: With a clarification -- yes, so you don't get the additional two. Commissioner Diaz de la Portilla: That's fine. That was a replacement for what you wanted to do, was that you wanted to name an additional appointee. That was an alternative to your proposal that you would name an additional person. 1 have no problem with it staying as it is. I love that it stays as it is. That was just an alternative to what you were trying to do because I didn't think it was the right thing to do. That's all. So, if it stays as it is, I'm a happy camper. Vice Chair Russell: Got it. Your amendment's rejected. Commissioner Diaz de la Portilla: Gladly so. Vice Chair Russell: The clarification is that the DDA appointment would be a resident of the downtown area. Commissioner Diaz de la Portilla: Correct. Commissioner Reyes: Vicky, please, could you read also the (UNINTELLIGIBLE). Ms. Mendez: I'm getting there, but 1 just wanted to clarify this revision, the DDA, the only -- Mr. Garcia -Pons: If I may, the Miami DDA shall appoint one voting member. Should it be one resident? Commissioner Diaz de la Portilla: Right. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: But the board stays as is. Commissioner Reyes: Appointed by the board. Vice Chair Russell: Yes so, it's a five -member board. Commissioner Diaz de la Portilla: It's a five member board. Commissioner Carollo: Let me -- Mr. Garcia -Pons: So, the DDA appointee shall be a resident. Commissioner Diaz de la Portilla: Right, so the power grab is rejected. Commissioner Carollo: Let me try to make it simpler. If we're trying to get a resident of Downtown Miami that we're all in agreement on, shouldn't that resident be one that's the most representative one of the whole area? So, nay suggestion is that resident should be whoever the president is of the DNA (Downtown Neighborhood Alliance), Downtown, so that we specify all the time who the resident will be. They vote for a president, older buildings there that they have. And I'm just saving. Vice Chair Russell: There's another amendment being proposed to the mover. City of Miami Page 100 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Reyes: 1 don't --1 don't accept that. 1 think that the board should pick the resident amongst the people that are really interested in what's going on. And you can see that, and we see it every time that we have meetings. And DDA, you know those residents that they come in. And every time that 1-- now that I've been there, there is a lot of people that -- that are residents, and they participate in everything that is there. Other people that don't participate. Vice Chair Russell: Alright. Commissioner Reyes: Or make -- Vice Chair Russell: Commissioner Reyes is getting a lot of things tonight. He got a really good allocation of 25 million and he's rejected my amendment, your amendment, and your amendment. Vice Chair Russell: So, are we ready to vote? Commissioner Reyes: I am ready to vote. Let's vote. Ms. Mendez: But wait, wait, I'm sorry, because we still have to do your amendment, Commissioner Reyes, but 1 just want to -- this one, DDA appointee shall be a resident, is that happening? Commissioner Carollo: Yes. Commissioner Reyes: Yes. Vice Chair Russell: Yes, DDA appointee shall be a resident. Ms. Mendez: Okay, so a DDA appointee -- Commissioner Reyes: (UNINTELLIGIBLE). Appointed by the board. Appointed by the board. Commissioner Carollo: Excuse me. Ms. Mendez.: Appointed by the board. Commissioner Carollo: But what board? Vice Chair Russell: The DDA. Commissioner Reyes: The DDA board. Vice Chair Russell.• The DDA. Ms. Mendez: By the DDA. Commissioner Carollo: Mr. Clerk. Ms. Mendez: And then there's the other amendment. Commissioner Carollo: Who made the original motion? Vice Chair Russell: Commissioner Reyes. City of Miami Page 101 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Todd B. Hannon (City Clerk): It was made by Commissioner Carollo at 4:29, seconded by Commissioner Reyes. Commissioner Carollo: Thank you. Vice Chair Russell: I apologize. I thought Commissioner Reyes had made the motion, and -- Commissioner Carollo: Now, has anybody asked me? Vice Chair Russell: No. You -- you should have been fielding all of these amendments. 1 apologize. That's a complete error on my part. Commissioner Carollo: It's okay. Vice Chair Russell: I had originally remembered that Commissioner Reyes had moved, and Commissioner Diaz de la Portilla had seconded. Todd B. Hannon (City Clerk): I have Commissioner Carollo, Commissioner Reyes. It could have been that they were at the same time. Vice Chair Russell: No, no. It's how I called it, but I just forgotten. It's fine. Commissioner Carollo: Who's in first, who's in second? Vice Chair Russell: So, Commissioner Carollo made the motion, and so you get to field the amendments, Commissioner Carollo. Commissioner Carollo: Well. Commissioner Reyes: Are we ready to vote? Vice Chair Russell: No, apparently, we're going through all the amendments again. Commissioner Reyes: We're going back and forth on this. We're going back and forth. I mean, well, I'm going -- I'm going to make -- Vice Chair Russell: You've got to jump on these motions. Commissioner Reyes: Yes, let's do it this way. And we have time -tested, and we have the power to do whatever we want if it doesn't work, that's it. Commissioner Carollo: Let me throw a couple of suggestions. One is the one that I mentioned, so that we choose the leadership that's been voted upon, the different residents, when they pick their presidents, the president of all the buildings there. The other one could be that we let the Commissioner of District 2 choose a resident from the area, with the recommendation coming from the DNA Downtown, and you choose from three names that they give you. Ms. Mendez: Commissioner, the only -- Commissioner Carollo: This way you get what you want, Commissioner Russell. You participate. They give you three names, and you choose from the three. One. Ms. Mendez: The only little problem, and it's fine, we could just amend the ordinance later again, that if. the DNA ceases to exist Ibr some reason, it combines with another one, then you may not, so that's the only -- City of Miami Page 102 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Carollo: Well, that's -- Ms. Mendez: We'll amend it at that time? Commissioner Carollo: Yeah, Ms. Mendez: That's fine. Commissioner Carollo: If something would happen in the fun e. 1 don't see it happening any time soon. Ms. Mendez: Okay, that's fine. Okay. So -- Commissioner Carollo: Would you be agreeable to that, that you'll get to pick one out of three names given to you from the DNA Downtown? Commissioner Reyes: But do you -- I mean, why? Vice Chair Russell: Your seconder is going to have to agree as well. Commissioner Reyes: Wait a minute. I (INAUDIBLE). Commissioner Carollo: You said you were willing to give a resident out of the two. Commissioner Reyes: Yes, a resident. Commissioner Carollo: So, I'm trying to find a way that's the best way ofpicking a resident that has the input from -- Commissioner Reyes: Okay. In order, I mean, in the spirit -- in the spirit of maintaining -- Commissioner Diaz de la Portilla: The legality. Commissioner Reyes: -- that there's agreeable, I don't mind, I don't mind to accept that -- that the board of the DDA picks three names and gives it to the City -- the sitting District 2 Commissioner, and they will pick from that. I don't mind. That would be fine with me. Okay? Vice Chair Russell: So, he's saying DDA instead of DNA, which I'm okay with too. Commissioner Carollo: No, it's different because the majority, if not all, of the board appointees under the Downtown Development Authority, they don't live there for the most part. So that's why I'm trying to give the choice to the people there. Vice Chair Russell: The residents. Commissioner Carollo: Either the -- Commissioner Reyes: Well, you know, I'm going to be -- I'm going to be very, very, very blunt. And I'm going to be very clear about this. I don't want this to become -- to become, I would say, steppingstone but somebody -- for somebody who wants to be in politics, okay, and want to be -- present himself or herself as a candidate, to use this board in order to gain name and all of that. What I would like to see is this is a business -- this is a business organization, and the least that we need is somebody that will politicize it or try to use it as a political springboard, you see, that's why I am. not City of Miami Page 103 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 in agreement because you know that most of the times that we have this community organizations, there's always a political aim behind it. You see, that's why 1 want --1 want people -- Commissioner Carollo: Then the other way should be what 1 suggested. If you don't like the first one, the DNA gives him three names to the District 2 Commissioner in the area, and he picks one from there. Commissioner Reyes: I -- I don't -- I don't think that -- I think we will have the DDA -- the board of the DDA, pick even though they don't live there, we know who they are, we can open, open like we open for the board, we open who wants to participate in this, it is picked, but it has to be a person that lives within the area. 1 don't want this to be a political trample, I mean -- Commissioner Carollo: But it's not. Look, how could it be any more or any less political, and frankly I think it would be less political, than a board of people that are well -meant but don't live in the area, that choose who the local resident is going to be. There's no way that anyone can convince me that the DNA is going to give three names that all three of them want to run for office. I can't believe that. Commissioner Reyes: You'd be surprised. Commissioner Carollo: And it will be -- Commissioner Reyes: You'd be surprised. Commissioner Carollo: -- the District 2 Commissioner. If he might feel that way, well, then he chooses whoever. But he, you know, is forced to choose from the local residents, from the people that live in the area, that have voted for someone to lead them. And, you know, how the DNA does it is, you know, between them. They can meet us a board. They decide what three names they want to give, which is what 1 assume they would do. And the District 2 Commissioner can pick from there. I don't care. If not, we go back to the other way. Commissioner Reyes: Instead of doing that, we can also give the authority to the District 2 Commissioner to pick whoever he wants, that lives there. You know, and I mean, that is going to be about the same. Commissioner Diaz de la Portilla: But if it ain't [sic] broke, why fix it? Vice Chair Russell: It doesn't exist. Commissioner Carollo: But -- Commissioner Diaz de la Portilla: But what if it ain't [sic] broke, why fix it? Leave it alone. Commissioner Reyes: I mean, that's what I've been saying all along. Commissioner Diaz de la Portilla: Let's move on to more important matters that we need to deal with here. Commissioner Reyes: You know, this shows, I mean, you know what, the way that I figure is that we want to -- I mean, we -- what we're arguing, it seems like that like there is some interest on -- on getting our hands inside of this board -- of this trust and being able either to influence it or not, you see. They are the ones that they, let me tell you -- City of Miami Page 104 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Carollo: I never brought this up. Commissioner Reyes: I mean, even -- even -- Commissioner Diaz de la Portilla: Again, if it ain't [sic] broke, let's leave it alone and move on. Commissioner Reyes: Leave it alone. Commissioner Diaz de la Portilla: We have important business, city business to attend to. Commissioner Reyes: Okay, that's what I'm saying too. Commissioner Diaz de la Portilla: There was a power grab, it failed, lets just move on. We're done with that. Commissioner Reyes: Absolutely. Commissioner Carollo: What about naming one resident there? Commissioner Reyes: It will be named, as I said, it's going to be named by whoever you want to name it, but a resident out of the -- that is not part of any organization. Commissioner King: If may? Vice Chair Russell: Yes, of course. Commissioner King: If we're going to name a resident, if we want a resident, because what you guys have been speaking about really winds up the same thing, so it should just be the District 2 Commissioner to pick. Even if you provide three names and the District 2 Commissioner picks from the three or the District 2 Commissioner picks, it's the same thing. It is the same thing, because he has the choice to choose. And if we're being candid here, if he had a particular interest, he would tell whoever he wanted to be one of the three, and then he would pick him. Commissioner Reyes: Commissioner, Commissioner, what I'm saying is -- Commissioner Diaz de la Portilla: No cause, you give hire the right three names, Commissioner. He picks, but he still has three names you want to give him, so he really doesn't pick at the end of the day because it's the names that the board picks. Commissioner Reyes: Well, yeah, Commissioner, you know, the way that it was, I don't see any -- Commissioner Carollo: I'm going to make my, motion, you convinced me Commissioner King, I'm going to make my motion that we amend it so that the fifth choosing will be made by the District 2 Commissioner of someone that lives there. Commissioner Reyes: That's it? Commissioner Carollo: Okay, so we're still going to have five. Difference is the DDA will have their executive director, and the other three, which whatever way they came, then the fifth will be named by the District 2 Commissioner, but they have to live there. City of Miami Page 105 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Reyes: 1 don't have that -- I have no quarrel with it. 1 have no quarrel with that. 1 agree with that. Vice Chair Russell: Mover makes an amendment, agreed by the seconder. Any further discussion? Commissioner Reyes: No. No, no, no. Ah, you have to read something. Ms. Mendez: Yes, but just to be clear that we got your -- I'm sorry because it's all over the place, that the DDA will have an appointee that is a resident and the District 2 Commissioner will have an appointee -- Commissioner Carollo: No, no, no, no. Vice Chair Russell: You missed it. Commissioner Carollo: No, no, no, no. Mr. Garcia -Pons: Commissioner, if I may, the DDA appointee is now the District 2 appointee that is a resident in the district. Commissioner Carollo: That's correct. Vice Chair Russell: Yeah. Mr. Garcia -Pons: Thank you. Ms. Mendez: Thank you. Alright, and then the next thing that Commissioner Reyes wanted to bring to everybody's attention, that the purchase price, Section 35-239, is going to be amended, and the purchase price for half of a space will be $8,500 and $17, 000 for the whole space. And I think that's a number brought down from $30, 000. Commissioner Carollo: What are we talking about? I thought we were talking about, you know, picking someone. Mr. Mendez: Are we in a different ordinance? Commissioner Carollo: All of a sudden you talk about purchase price, who are we selling? Ms. Mendez.: No, it's the same. Arthur Noriega (City, Manager): Parking spaces. Ms. Mendez: Remember; this is the district, you know, trust funds plus the pricing of the spaces. Commissioner Carollo: Okay. Mr. Garcia -Pons: This is the amendment to Chapter 35, which includes the establishment and the fees. Commissioner Reyes: This is aligned with Wynwood Norte. Commissioner Carollo: Okay. Commissioner Reyes: Alright. City of Miami Page 106 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: Alright. Mover and seconder accepts? Alright. All in favor say, "aye." Mr. Hannon: Chair. Chair. The Commissioner (Collectively): Aye. Mr. Hannon: The title. The title needs to be read to the record. Vice Chair Russell: Thank you. Madam City Attorney, go ahead. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: All in favor say, "aye. The Commission (Collectively): Aye. Mr. Hannon: Chair, 17,000? Commissioner Reyes: Yes. Ms. Mendez: It's 8,500 for half space and 17,000 per full space per parking. Mr. Hannon: Good to go. Vice Chair Russell: Thank you. City of Miami Page 107 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 SR.4 ORDINANCE Second Reading 10739 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION NAMING THE PARCEL OF LAND CONSISTING OF APPROXIMATELY 8,219 SQUARE FEET OF LAND LOCATED AT 1 SOUTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA AS "SIMON BOLIVAR PARK"; AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PARKS AND RECREATION/IN GENERAL", BY CREATING SECTION 38-30 OF THE CITY CODE, TITLED "NAMING OF SIMON BOLIVAR PARK"; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE NAMING OF THE PARK; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14033 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, King Note for the Record: For additional minutes referencing Item Number SR.4, please see "Order of the Day." Commissioner Carollo: We can take SR.4 now? Vice Chair Russell: Yes. SR.4 is moved by Commissioner Carollo. Is there a second? Commissioner Diaz de la Portilla: I'll second it. Vice Chair Russell: Seconded by Commissioner Diaz De La Portilla. I'd like to open the floor for public comment on SR.4, Simon Bolivar Park. Is there anyone here who would like to speak on that specific item? Commissioner Carollo: Well, we, we do have a few people that would like to speak, but before they do, we were sent a video from someone that I think is known by all of us and many in the public, that is the duly elected President of Venezuela, not the dictator that is running it. We have a video from Juan Guaido thanking us for this (UNINTELLIGIBLE). Commissioner Reyes: Commissioner did I, I was a co-sponsor of this. Commissioner Carollo: You were. Yes, if I remember. Commissioner Reyes: That's right. Commissioner Carollo: I think we had other co-sponsors, too. Can you put that in, please? Audiovisual presentation made. Applause. City of Miami Page 108 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Victoria Mendez (City Attorney): Commissioner Carollo, do you think you can briefly just summarize what he said really quick, like in a sentence or two, the main -- just for the record. Vice Chair Russell: Microphone. Commissioner Carollo: Quickly summarize, like you said. He's thanking this body for the steps that we are taking in naming the first phase of what will be a large park, Simon Bolivar. This is the phase that the City owns already, and there's two additional phases that if we're able to acquire them in the future. One is in the hands of Governor DeSantis, so I feel very comfortable on it, even though there are some that are trying very hard for personal greed to stop it. But I have the confidence that that won't happen. But there are three phases. One is the one that we're approving today, with the approval that if the other phases are required, that would be added to it. The idea would be to eventually have Simon Bolivar Park be united in the boundary with Jose Marti Park in the river. If I could translate that for some of the public that's here. (Commissioner Carollo translated his previously stated comments into Spanish). Vice Chair Russell: Thank you, Commissioner. Now is there, folks from the public who 'd like to speak? If there's anybody who would like to address the body regarding SR.4, please approach either of the lecterns, come on up. If you could just let us know your name and you're very welcome to speak. Alberto Perosch: My name is Alberto Perosch. I represent VARA, Venezuelan - American Republican Alliance. We are a group that have a mission here in United States. I am an American now, an old gladiator that had the privilege to be accepted in this country, and when I swore to defend it, I (UNINTELLIGIBLE) it. I'd like to thank you for the display of what you did before. I know the European Parliamentarians were there and you're saying let's show some accommodation here. No, no, no, no. I'd like to thank you because in that passionate discussion it shows only one thing. You people care. If nobody discuss anything it's like let it go, who cares. No, no, no. And by the way, I want to tell you, you did something wrong. You inspired me because I want to run. I want to join. And you have to put your chest into this. And this is what I tell Venezuelan people. Get involved. This town was founded by Cubans. They came before and they had the generosity to tell Venezuela 23 years ago, be careful. Don't flirt with disaster. That's our motto in VARA, Venezuelan - American Republican Alliance, because we have conservative issues -- principles that are non-negotiable, non-negotiable. We like to see that, you're a parliamentary from Italy, he comes from Wonder Woman, Italian, Meloni, okay, they have no compliance to anything that is not conservative issues to rescue a nation that is under attack. So is the United States today. I had the pleasure to speak with the governor, and the governor told me do me a favor do a little speech quick. quick so this way you can tell what is the booklet, the parallel is that is between what happened in Venezuela and may happen here. I said, "Sir it's happening right now is exactly the same booklet in the schools in an inflation in everything and you see it, you see it. " Thanks to the police, thanks to you that you're putting your chest into it, Florida is the jewel of the crown. Now having said that, Venezuelans, we come from the future and we come to warn you do not flirt with disaster. On that note I'd like to tell Venezuela, thank you Commissioner Carollo, thank you Manolo Reyes, I've seen them work because VARA is in the street. We have the temperature of the street, we beat the street in campaigns everywhere, no matter who we support. These people are always in the street. I see Carollo at 7, 8 o'clock at night, with turkeys in his hands and things and delivering. This man is up to the task. (Comments made in Spanish not translated) Reyes is always with a smile on his face, always ready to attend these people. De la Portilla [sic] is always there. I saw how you fight. And Mr. Chairman, thank you for the opportunity. Thank you. for the generosity of this park, and I tell Venezuela, get City of Miami Page 109 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 involved, use the park as a place where we can meet. Venezuela and our autochthonous culture, we go into arepas and places like that because we didn't have a space where really we could represent. Use it, use it wisely, don't let it run into just a place that then, you know, it would be abandoned and will come somebody who will do, I don 't know, something into the statue. Like Italians and Spaniards defend Columbus, let's defend Simon Bolivar for all the right reasons, not the regime that uses Simon Bolivar for a very convenient thing. Simon Bolivar said, (Comments made in Spanish not translated) morals and lift. And morals went to hell in Venezuela years ago, and even electricity, if we want to talk about light, it's failing, okay he was the one if nature opposes we will fight against it today he will be crucified to go against climate for example -- Vice Chair Russell: Thank you, sir. Mr. Perosch: -- but anyway please thank you, thank you for the generosity, thank you Jrothis opportunity thankyou thankyou all. Vice Chair Russell: Thank you. Mr. Perosch: Thank you. Vice Chair Russell: Is there anyone else here who would like to speak on this item? Seeing none, I'll close public comment. Commissioner Carollo: No, no, no -- Commissioner Diaz de la Portilla: No, we have more other people. Vice Chair Russell: I apologize. Commissioner Carollo: We have two other very distinguished guests. Vice Chair Russell: You're very, welcome. Commissioner Carollo: One is Oscar Lopez. Oscar Lopez: Hello. (Comments made in Spanish not translated). Commissioner Carollo: (Comments made in Spanish not translated). Commissioner Diaz de la Portilla: Translator. Commissioner Carollo: (Comments' made in Spanish not translated). Commissioner Diaz de la Portilla: (Comments made in Spanish not translated). Mr. Lopez: (Comments made in Spanish not translated). Commissioner Carollo: Can I have a translator here, Clerk. Vice Chair Russell: If she could just stand at the other lectern. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) Miami. There she is. Mr. Lopez: My recognizing (UNINTELLIGIBLE) and thanking and the history of people, the other peoples in different circumstances is always pleasing and honor. Today it's our turn to thank the City of Miami and the United States is together. Thank City of Miami Page 110 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 for two reasons. For having already will come almost 300 Venezuelans of the almost, in this city. On the almost 6 million that we have, unfortunately, population, the world displaced by the consequences of the disgraceful regime of our beloved Venezuela. It is very significant that day we celebration -- celebrate the creation of the park in the city of the life and the -- with the name of our father of the country and liberator and the fine nation, Simon Bolivar. The two ideas, park and the name (UNINTELLIGIBLE) transports us the world freedoms and independence. Bolivar figured that with this emancipatory struggle reflects as the best examples for perseverance, security, and decision to achieve a continental goal and part of a story that was none other than a people's responsibility for their own destinies and thus in fundamental human rights. (UNINTELLIGIBLE) used the image offreedom, spaciousness, natural and ground of the city in the case on the banks of the rivers. Clear sky, freedom, what's the word, the (Comments made in Spanish not translated), sorry the words, and the liberator, Simon Bolivar, the name of honor has on other country, that one in which the rights of citizens are protected, and the sacred character of humanity is respected. Thank you. Vice Chair Russell: Thank you. Commissioner Diaz de la Portilla: Thank you. Commissioner Carollo: The lady that is standing before us now is none other than Norka Marquez, the mother of Juan Guaido. (Comments made in Spanish not translated). Norka Marquez: (Comments made in Spanish not translated). Commissioner Carollo: (Comments made in Spanish not translated). Ms. Marquez: (Comments made in Spanish not translated). Commissioner Diaz de la Portilla: (Comments made in Spanish not translated). Ms. Marquez: (Comments made in Spanish as translated by an official Spanish Interpreter) Thank you very much. I thank you all on behalf of my country, on behalf of my son, Juan Guaido, that is carrying the fight of our country. I thank you all for this space that you are giving us, Venezuelans, for the name of the square, Simon Bolivar, our libertator [sic]. I'm a representative of all the mothers in Venezuela that had to leave by horse because I was chased. I was going to be imprisoned. And we took the -- you made the decision, my son made the decision to take me out. Last year, my brother was in jail as well. Thank you. Thank you for this country who has received us and on behalf of my family and myself and my country, thank you very much. Good morning. Vice Chair Russell: (Comments made in Spanish not translated). Alejandro Rebolledo: (Comments made in Spanish as translated by an official Spanish Interpreter) Good morning. My name is Alejandro Rebolledo. I am a magistrate in the Supreme Court of Justice in Venezuela. We had to leave by force in 2017 because of the persecution of the criminal regime in Venezuela. At this time the organized delinquency has the control of Venezuela. The Chinese mob, Russian mob, Turkish mob, and the drug dealing of Mexicans and Columbians are operating in Venezuela. The Iranian threat -- Iranian threat is stronger every day. The American sanctions have accomplished to enclose the Venezuelan regime. Only the sanctions have allowed that have been -- they've been trying -- that has caused them to reach some understanding. Our people are kidnapped, humiliated under the control of this regime. For us, it's very important to acknowledge -- to acknowledge Simon Bolivar, City of Miami Page 111 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 our -- our father of our land, in one of our -- in one of his thoughts, the first -- the most important strength is public opinion. God gives glory to persistence. This acknowledge and this space that you have allowed us, for us is very important. It's to be able to get to that square and find our thoughts and our roots, constantly. We are - - we are forever grateful, us Venezuelans. Thank you very much. Applause. Vice Chair Russell: Thank you. Is there anyone else who would like to speak at public comment on this item? Seeing none, I'll close the public comment. Commissioner Carollo, with your permission, it would be an honor for me to co-sponsor this with you. This means a lot to me personally, actually. Commissioner Carollo: Thank you. Thank you very much. Commissioner Diaz de la Portilla: Likewise, for me. Vice Chair Russell: Thank you. Commissioner King: Me as well, Chair. Vice Chair Russell: Shall we call it a unanimous co-sponsorship? Commissioner Diaz de la Portilla: Yes sir. Commissioner Carollo: Absolutely. Vice Chair Russell: Thank you. Commissioner Carollo: And let me say that the closest to a Venezuelan that we have up here in the Commission is our newest Commissioner, Christine King, that was born just miles away from Venezuela, in Guyana. So, I guess she could be our honorary Venezuelan. And we're going to pick a very special day to cut the ribbon to the first phase of this new park. And thank you for your co-sponsorship. Commissioner King: It is an honor. And anyone who has served as he has, who we are honoring by naming the park after, of course, we would all support that. Commissioner Carollo: Thank you. Simon Bolivar was the liberator, not just of Venezuela, but of Columbia, of Ecuador, of Peru, Bolivia, a region that encompasses over 140 million people today. He accomplished what very few in history have accomplished, admired by so many, not just in our own hemisphere, but across all continents. So, we are naming this park for many, many of our residents that go way beyond Venezuelan residents. Thank you. Vice Chair Russell: Thank you, Commissioner. Is there anyone else who'd like to say anything? I would. I -- this is not just honoring someone of the past. This is a dream for the future of Venezuela. I actually worked in Venezuela 30 years ago for a good bit of time. 1, (Comments made in Spanish not translated) in Caracas. I learned to dance merengue in front of the Melodicos. I worked in Hotel Tamanaco, in Los Chorros, Las Mercedes, Los Fransos. My dreams, my memories of a Venezuela from before, it makes me want to -- I won't go back until I can see it in a way that I remember it. And it means a lot to me. Thank you. Applause. Vice Chair Russell: Thank you. Thank you fir this, Commissioner Carollo. City of Miami Page 112 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Carollo: Thank you for those words. You shouldn't keep secrets like that for as long as you did. It's very touching. Commissioner Diaz de la Portilla: La Mercedes in particular. Vice Chair Russell: Yes, and I worked in the Maxis in Beomonte. I have many good memories. Oh my god, fell in love, never mind. We're going to stop there. We're going to stop there. Commissioner Diaz de la Portilla: That's why 1 mentioned it. Commissioner Reyes: Better stop there. Better stop there. Vice Chair Russell: Alright. All in favor of the item say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes unanimously. Thank you very much. Applause. Commissioner Diaz de la Portilla: Can we -- can we bring them up for a picture with us? Can we bring them up for a picture (Comments made in Spanish not translated)? Commissioner Carollo: (Comments made in Spanish not translated). Commissioner Diaz de la Portilla: (Comments made in Spanish not translated). Commissioner Carollo: (Comments made in Spanish not translated). Ms. Mendez: Chairman, while everybody's coming up, I'm just going to read the title, as everybody's coming up. The Ordinance was read by title into the public record by the City Attorney. (COMMENTS MADE OFF THE RECORD) City of Miami Page 113 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 SR.5 ORDINANCE Second Reading 10798 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/STHS) AFFIRMATIVE VOTE, AMENDING CHAPTER 36, SECTIONS 36-4 AND 36-5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "OPERATION OF RADIOS, PHONOGRAPHS, OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS, AND MUSICIANS — GENERALLY; EXEMPTION" AND "SAME — HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS ON CITY -OWNED PROPERTY; RELAXATION", TO PROVIDE FOR INCREASED PENALTIES AND PROSECUTION OPTIONS FOR THE WYNWOOD NRD-1 NOISE PILOT PROGRAM; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14037 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, King Vice Chair Russell: Madam City Attorney, could you read into the record SR.5 and all of the FR (First Reading) ordinances, please? Victoria Mendez (City Attorney): One moment. Vice Chair Russell: That'll give us a breather. If anyone needs to use the head, the City Attorney is going to read in all of the ordinance for SR.5, FR.1, 2, 3, and 4. Barnaby Min (Deputy City Attorney): Mr. Chair, SR.5 is an ordinance of the Miami City Commission by a four -fifths affirmative vote amending Chapter 30 -- Todd B. Hannon (City Clerk): Barnaby, I'm sorry. I just can't hear you. Mr. Min: SR.5 The Ordinance was read by title into the public record by the City Attorney. Mr. Min: FR.1. The Ordinance was read by title into the public record by the City Attorney. Mr. Min: FR.2. The Ordinance was read by title into the public record by the City Attorney. Mr. Min: FR.3 is an ordinance of the Miami City Commission amending Chapter 8 of the Code of the City of Miami -- is FR.8 [sic] proceeding? I'm sorry, FR.3 proceeding? Vice Chair Russell: I'm sorry? Mr. Min: I'm asking the sponsor if FR.3 is proceeding. City of Miami Page 114 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: It doesn't matter, just read it. Mr. Min: FR.3. The Ordinance was read by title into the public record by the City Attorney. Commissioner Diaz de la Portilla: You're asking me, the sponsor? Mr. Min: Yes, sir. Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: He just wants to know whether to read it into the record or not. Commissioner Diaz de la Portilla: Well, yes, you're going to read it to the record. Yes, go ahead. The Ordinance was read by title into the public record by the City Attorney. Mr. Min: FR.4. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Is that it, Barnaby? Mr. Min: Yes, sir. Thank you very much. And we're done. (COMMENTS MADE OFF THE RECORD) Vice Chair Russell: And just so folks can plan their evening, thank you again for your patience. We're going to try to get through the second and first reading ordinances, have our discussion item on redistricting, and then take up the PZ (Planning and Zoning) items as quickly as possible. I'm sure they'll go quickly without much discussion. Let me see if I can knock these out. Let me see if I can knock these out. (COMMENTS MADE OFF THE RECORD) [Later...] Vice Chair Russell: Alright, let's get some work done. We've got four. SR.5, increased penalties for Wynwood NRD (Neighborhood Revitalization District) noise pilot program. Is there a motion? (COMMENTS MADE OFF THE RECORD) Vice Chair Russell: Moved by Commissioner Carollo. Commissioner Diaz de la Portilla: I'll second that. Vice Chair Russell: Seconded by Commissioner Diaz de la Portilla. It is a four -fifths. Is there any further discussion? Commissioner Reyes: (INAUDIBLE). Vice Chair Russell: I'm not telling you. Wynwood Noise Pilot Program increased penalties. All in favor say, "aye." City of Miami Page 115 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Commissioner King, are you a pro yes vote on that one? Yes. Commissioner King: Oh, yes. I actually want to co-sponsor it. Vice Chair Russell: Ah, this is the Wynwood Noise Penalty increase. Commissioner King would like to co-sponsor. We have a unanimous yes vote. Motion passes. Thank you. END OF SECOND READING ORDINANCES City of Miami Page 116 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 FR.1 9329 Department of Resilience and Public Works FR - FIRST READING ORDINANCES ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22.5/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "GREEN INITIATIVES/WATER CONSERVATION," TO UPDATE THE CITY OF MIAMI'S WATER CONSERVATION ORDINANCE TO CONFORM WITH THE REVISED SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S MANDATORY YEAR-ROUND LANDSCAPE IRRIGATION CONSERVATION MEASURES, THEREBY UPDATING DEFINITIONS, PROVIDING FOR WATER SHORTAGE EMERGENCIES AND YEAR-ROUND WATER CONSERVATION, PROVIDING FOR VARIANCES, AND PROVIDING ENFORCEMENT AND PENALTIES; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, King Note for the Record: For additional minutes referencing Item Number FR.1, please see "Order of the Day" and Item Number SR.5. Vice Chair Russell: FR.1 and 2, water conservation and flood damage prevention. Is there a motion on FR.1 and 2? Vice Chair Russell: Moved by Commissioner Carollo, seconded by Commissioner Reyes. All in favor say -- is there any further discussion? All in favor say. "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. City of Miami Page 117 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 FR.2 ORDINANCE First Reading 10622 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Building AS AMENDED, TITLED "FLOOD DAMAGE PREVENTION", TO UPDATE THE LANGUAGE TO MATCH THE CURRENT REQUIREMENTS OF FEDERAL, STATE OF FLORIDA, AND MIAMI-DADE COUNTY LAWS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, King Note for the Record: For minutes referencing Item Number FR.2, please see "Order of the Day", Item Number SR.5 and Item Number SR.1. FR.3 ORDINANCE First Reading 10797 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES", TO REPEAL THE PILOT PROGRAM FOR MOTORIZED SCOOTERS; MORE PARTICULARLY BY AMENDING ARTICLE 1, SECTION 8-5, TITLED "GENERALLY/PARENTS AND GUARDIANS NOT TO PERMIT VIOLATIONS OF CHAPTER; SAFE DRIVING", TO ELIMINATE REFERENCE TO MOTORIZED SCOOTERS; AND ELIMINATING ARTICLE II, TITLED "MOTORIZED SCOOTERS", IN IT ENTIRETY; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Diaz de Ia Portilla, Carollo, Reyes, King NAYS: Russell Note for the Record: For additional minutes referencing Item Number FR.3, please see "Public Comments for all Item(s) " and Item Number SR.5. Vice Chair Russell: I don't know, I must have missed FR.3. I guess we can't go back. Commissioner Diaz de la Portilla: You must have skipped it. Vice Chair Russell: I don't know what happened there. I was just scooting along. Commissioner Diaz de la Portilla: It happens. Vice Chair Russell: I don't know what happened there. FR.3, is there a motion on FR.3, repealing the pilot program for motorized scooters? City of Miami Page 118 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Diaz de la Portilla: Well, well. Commissioner Carollo: Moved. Vice Chair Russell: Moved by Commissioner Carollo without hesitation. Commissioner Diaz de la Portilla: Well, before -- Vice Chair Russell: This may go faster than you want. Commissioner Diaz de la Portilla: No, there's a technicality here and 1 think Mr. Min is going to explain. We may have to withdraw this and offer a resolution so that we rescind the program. There's an RFP (Request for Proposal) that has gone out. It's being scored right now. So, we're just going to -- it will in effect, right, halt the program immediately? What we want to do here, especially for the holiday season, we don't want these kids scooting around during Thanksgiving and Christmas. So, it will halt the program, effectively immediately. Is that correct? Barnaby Min (Deputy City Attorney): If that's the proposal, yes. Commissioner Diaz de la Portilla: Yes, and then the RFP has gone out? Have you scored it yet, Mr. Manager? I'm sorry. No, you're the scorer. You're the leading of the scorers. Vice Chair Russell: Just a moment, Ms. Perez. You have a question about procurement on the RFP? Commissioner Diaz de la Portilla: Yes, I already asked it. Have you scored it yet? Annie Perez: No, Commissioners, Annie Perez, Director of Procurement. No, we are right now in the due diligence phase, where we received nine proposals. One was deemed immediately non -responsive because they did not have a timely submission. Commissioner Diaz de la Portilla: Okay. Ms. Perez: So, we're now reviewing the other eight. We will probably be scoring, because of the holidays, it's very tough to get people. We'll probably be scoring at the beginning of January. Commissioner Diaz de la Portilla: Okay, and that does come back to the Commission after anyway, okay? Ms. Perez: Yes, absolutely. Commissioner Diaz de la Portilla: So, what we're going to do is withdraw this one and have a new resolution, right, a pocket item, I guess we'll call it now, that will rescind the program, in other words, immediately, and halt it immediately. Correct? Mr. Min: Correct. Commissioner Diaz de la Portilla: Can you explain it in detail? Mr. Min: So I believe the goal -- Commissioner Diaz de la Portilla: Better than I can, that's for sure. City of Miami Page 119 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Mr. Min: I believe the goal is to terminate the temporary program -- Commissioner Diaz de la Portilla: Correct. Mr. Min: -- that is currently in existence, to allow the RFP process to continue so that when it comes back to the Commission for the Commission to award, based on that RFP, that's when the program will be re -implemented. Commissioner Reyes: If we award -- if we decide to award. Commissioner Diaz de la Portilla: Yes, sir. Yes, sir. We have to approve it, no matter what. But right now, we will halt it effective immediately. Mr. Min: Just -- just -- Commissioner Carollo: I'll withdraw the motion that I made -- Commissioner Diaz de la Portilla: Thank you, sir. Commissioner Carollo: -- on the previous resolution before us, and I will make an amended motion for an immediate withdrawal of the program. Commissioner Diaz de la Portilla: A withdrawal of this particular item and an amendment to this, or a new resolution, a pocket item, that would in effect halt the program immediately. Mr. Min: Correct, because as drafted, what is on the agenda -- Commissioner Diaz de la Portilla: And I'll second that. Mr. Min: -- what is on the agenda today is an ordinance that terminates the program forever. From my understanding, that is not the goal, so that ordinance is going to be withdrawn. Commissioner Carollo: Wait, wait, wait, wait, how do you know that's not the goal? You haven't spoken to me; you've spoken to the wrong guys. Mr. Min: Based on the -- based on the discussion I'm hearing. Commissioner Diaz de la Portilla: Well, it depends. Mr. Min: Based on the discussion that I'm hearing, the goal is not necessarily to terminate the program permanently, but to at least pause it during the holidays to allow the RFP to continue. Commissioner Diaz de la Portilla: Cause we're sort of a yuletide mood eventually, so we're going to give Commissioner Russell an opportunity to make his case one more time. But the program is immediately halted. But at the end of the day -- Vice Chair Russell: With this resolution. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: Hold on. But at the end of the day, I don't see myself voting for any scooter program in Miami, no matter how many safety -- how many safeguards you have in there and all that. I just think, you know, as the lady that testified during public comments earlier, that she had been -- City of Miami Page 120 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Carollo: But you could he convinced. Commissioner Diaz de la Portilla: Absolutely -- no I cannot. That's why I'm a swing vote here, I think. But let me tell you what's interesting about it. There's a lady that spoke earlier. She's been to Paris and Washington D.C. I've been to those places too, as all of us have. And scooters are all over the place. But even worse in Paris or Washington, D.C., on Biscayne Boulevard, at whatever hour of the day, you see kids on these scooters. And this is an accident waiting to happen. Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: It's an accident waiting to happen. And so maybe the RFP works, it doesn't work, I don't know about that. Butl know that right now, for this season, immediately, we should halt this program. That's it, sir. Commissioner Carollo: Everything that you just said and more, I said from the very first vote we were taking we took in this. Commissioner Diaz de la Portilla: Yes, sir. Commissioner Carollo: And PD (Police Department), as I wanted to show, a lot of the accidents that have happened, not waiting, they did happen. Commissioner Diaz de la Portilla: Yes, sir. Commissioner Carollo: I was shown some, and they weren't pretty. I will make the motion for an immediate termination, I'm not going to add anything more, just immediate termination of the program and then we could deal with this again -- Commissioner Diaz de la Portilla: I'll second that. Commissioner Carollo: -- down the road. Vice Chair Russell: Mr. Min, it would need an ordinance to come back, correct? Commissioner Diaz de la Portilla: No. Commissioner Carollo: No. Mr. Min: No, because it's already on the books as codified in Chapter 8 of the City Code. Vice Chair Russell: It's codified -- Commissioner Carollo: Dead on arrival. Vice Chair Russell: Just a moment, please. Just a minute. Commissioner Carollo: Dead on arrival. Vice Chair Russell: It's codified as a pilot program, an extended pilot program. So, if we issue an RFP, let's say the award comes back, and let's say the will of this body is to grant an award. Mr. Min: I stand corrected. It is a pilot program in District 2. So obviously if it does come back as a permanent program -- City of Miami Page 121 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: It would need an ordinance. Mr. Min: Correct. Vice Chair Russell: Got it. Commissioner Diaz de la Portilla: But not now. Vice Chair Russell: So, this halting would halt the pilot program basically. Commissioner Reyes: Basically, and I'm going to repeat what I told you from day one. Vice Chair Russell: Every time. Commissioner Reyes: Every time. That's why my district was carved out. You see, and Carollo's district was carved out. Commissioner Diaz de la Portilla: Every district was carved out. Commissioner Reyes: That's right. Because we -- I mean, we all agree, and as Commissioner Carollo has stated, I have spoken to doctors in different hospitals, and it's amazing the number of people that get there because they have fallen from it, from these scooters. As a matter of fact, when all the regulations were placed and the corrals and all of that, none of that was followed. You see under -- I mean people -- kids, teenagers, racing with these scooters. And also, you have, the other day, right here in front of -- I mean, in front of City Hall, in Grand Avenue, there was this guy, a very irresponsible father that had a two -year -old in front of him while he was riding on this. I mean, I don't want to be part of this. And also, it litters our streets. Downtown Miami, it's littered with this. Commissioner Carollo: Well -- Commissioner Reyes: So I'm in favor of stopping it. And if you want to bring it back, you bring it back. Vice Chair Russell: But you're a hard no for the future, too, right? Commissioner Reyes: What do you mean, hard no? Vice Chair Russell: A hard no meaning you're not going to change your mind once the award is granted. You're a no. Commissioner Reyes: No, sir. Sir, you see, I don't know, it's not because I'm old, but I'm set on my ways. Vice Chair Russell .• I'm not trying to change your mind, I'm just -- I want to get clarity. Commissioner Reyes: (UNINTELLIGIBLE) if had any doubts -- Vice Chair Russell: Yeah. Commissioner Reyes: -- you see, I would give this program additional time and see if it could correct itself But since I don't doubt that this is an accident waiting to happen, and I don't want that in my conscience, I would never vote for it. And besides that, I have seen, and I have heard from people that have almost run by it, you see, by City of Miami Page 122 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 people that, as a matter of fact, 1 don't know, it gives them, some of these riders, they give them a sense of 1 don't know, if entitlement, that since they are riding a scooter, the sidewalk is theirs. You are the one that has to get away from them. Commissioner Carollo: Or the street. Commissioner Reyes: Or the street, to that effect, you see. And it is wrong. It is wrong. So, I'm not going to change my mind. Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: Got it. 1 won't even -- okay. Commissioner Reyes: From day one, I was like that. Vice Chair Russell: I think we have clarity on where we're going for now. So, the pilot -- if this resolution passes, which well call PI (Pocket Item) -- what are we on? 5 or 6? Commissioner Diaz de la Portilla: I think it's 4. Vice Chair Russell: PI.6. Commissioner Diaz de la Portilla: 6, fine. Vice Chair Russell: Then the pilot program will be halted, Commissioner Diaz de la Portilla: Immediately. Vice Chair Russell: The RFP will continue and then an ordinance would need to be brought back if the will of this body changes at all, or wherever it goes, and then we would also be voting on the award sometime next year. Commissioner Diaz de la Portilla: Yes sir. Vice Chair Russell: Alright. Is there any -- oh, I guess I have to open for public comment on, who is the mover and the seconder on the -- Commissioner Carollo: I move. Vice Chair Russell: Mover, seconder, I know exactly where it's going. Mover -- seconded by Commissioner Reyes. Commissioner Reyes: And re -seconded. Vice Chair Russell: Did someone else second? Commissioner Diaz de la Portilla: I seconded. Vice Chair Russell: Commissioner Diaz de la Portilla seconded, I apologize. Commissioner Reyes: And I third. Commissioner Carollo: It's a simple -- it's a simple to the point ordinance. Vice Chair Russell: Yes, it's a resolution. City of Miami Page 123 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Carollo: Resolution, rather, we're killing and shutting down the program immediately. Commissioner Diaz de la Portilla: We're shutting it down. Commissioner Carollo: Nothing more, nothing less. Commissioner Reyes: That's it. Commissioner Diaz de la Portilla: That's it. Vice Chair Russell: Got it. Yes, Todd. Todd B. Hannon (City Clerk): And just for clarification, this is a two fold motion. This motion withdraws FR.3 and will pass PI6. Commissioner Diaz de la Portilla: Yes, sir. Vice Chair Russell: Correct. Any further comments? Obviously, Commissioner King, we haven't heard your thoughts on this, but it's up to you whether you want to weigh in. It's pretty clear where the votes are here for today. Commissioner King: I'm going to follow the will of the body for now. Vice Chair Russell: For my part, and Pm a no vote on halting the program, we have thousands of rides a day. The City has earned $2.4 million since the inception of the program. New painted bike lanes have been built because of this program. New bike lanes are in the process and planning. And so, I am very much in favor of it. But it has not been without political risk. I completely understand your concerns and fears and I share those for people's safety. But this is a new mode of transportation that has been embraced by thousands ofpeople in the city. It was implemented two years before my last election. But you were talking about mandates earlier this morning. I took a risk in my re-election by backing this program because I know a lot of my voters are against it because of the clutter, because of the danger, but I know a lot of my voters also are in favor. Commissioner Reyes: But that's a sign of leadership. Vice Chair Russell: Yes, but I understand the will of this body for now. So, I will be a no vote, but I see where it's going. We will pause as of today. Is that the resolution? Commissioner Diaz de la Portilla: Yes. Effective immediately. Vice Chair Russell: So, Mr. Manager and Public Works, you're ready to advise the scooter companies that they need to pull their scooters from the streets tonight and that's the end of the pilot program until we have an ordinance and an RFP. Is that correct? Alright. All in favor say, "aye." Mr. Hannon: And Chair, I'm sorry, just to confirm, we open and close the public hearing, correct? Commissioner Diaz de la Portilla: Yes. Mr. Hannon: For the resolution. Vice Chair Russell: I didn't close it. I'm sorry. Is there anyone here to speak a public comment on the scooter program, pilot program being paused? Seeing none -- City of Miami Page 124 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Carollo: And if may include you, you should always have a date and time. It would be over at midnight tonight. Commissioner Diaz de la Portilla: Midnight tonight. Commissioner Reyes: Midnight tonight? Commissioner Carollo: Yes. Commissioner Reyes: Sounds like a song. Commissioner Diaz de la Portilla: Cinderella. Vice Chair Russell: Alright, all in favor say, "aye." Commissioner Carollo: Ave. Commissioner Reyes: Aye. Commissioner Diaz de la Portilla: Aye. Vice Chair Russell: Any opposed? Motion passes 4-1. FR.4 ORDINANCE First Reading 11037 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE II/SECTION 54-56 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "STREETS AND SIDEWALKS/CONSTRUCTION, EXCAVATION, AND REPAIR/CONSTRUCTION, RECONSTRUCTION OR REPAIR OF STREET IMPROVEMENTS REQUIRED WHEN ADJACENT PROPERTY IS IMPROVED BY CONSTRUCTION OF $100,000.00 OR MORE IN VALUE OR EXCEEDING 1,000 SQUARE FEET IN FLOOR AREA; RESTRICTION," TO CREDIT CERTAIN RIGHT-OF- WAY IMPROVEMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, King Note for the Record: For additional minutes referencing Item Number FR.4, please see Item Number SR.5. Vice Chair Russell: FR.4, credit certain right-of:way improvements. Is there a motion on Chapter 54 Amendment? Commissioner Diaz de la Portilla: I'll move it. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla, seconded by Commissioner Carollo. All in favor say, "aye." City of Miami Page 125 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? END OF FIRST READING ORDINANCES City of Miami Page 126 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 DI.1 10978 City Manager's Office DI - DISCUSSION ITEM DISCUSSION ITEM A DISCUSSION ITEM REGARDING REDISTRICTING UPDATE. RESULT: DISCUSSED Vice Chair Russell: Alright, FR.4. Oh no, we did that one, thank you. Alright, we are ready to redistrict this City, Mr. De Grandy. Commissioner Reyes: Mr. -- oh my God. Vice Chair Russell: Let's draw the lines. This is a discussion item on redistricting of the City based on the new census data. The City has hired Mr. De Grandy to help us through this process and he's going to be reporting to us and looking for direction from this body. The floor is yours, Mr. De Grandy. Miguel De Grandy: Thank you, and for your IT (Information Technology) folks, if they could put up the presentation and while they're doing that. Commissioner Reyes, thank you for the memo on the dress code. I followed it as you saw very well. Commissioner Reyes: That's right. I told you and I should look the same way. Mr. De Grandy: There we go. Commissioner Reyes: We're playing tonight with the same band. Mr. De Grandy: Mr. Chairman, Commissioners, good afternoon. For the record, my, name is Miguel De Grandy. My address is 701 Brickell Avenue, and along with Mr. Steve Cody, we serve as your redistricting consultants. Now, together we have had the pleasure of developing the City's Redistricting Plan during the 2000 and 2010 cycle and so this is kind of our third rodeo and as you know, last week I provided you with an initial report which contains much of the information that we will discuss today. So, in this presentation, I am not going to bore you with case law, et cetera, that we cited in the report. Instead, the purpose of the presentation is to recap some basic principles and seek policy guidance from you on several issues. Now, to be clear, our job as consultants is not to make policy decisions. Our job is to try to reflect this Commission's policies, directives as best we can in a constitutionally compliant district plan. Now, as we explained in our initial report, there are often competing principles in crafting a redistricting plan, and so it is seldom possible to reflect all the policy guidance you may provide us, but we will do our best to prepare and present a plan that accomplishes the goals that you have set out. So first, let's start with the basics. Next slide. The first step in crafting a district plan is to determine the ideal population for each district. In the last decade, the City's population grew by 42,752 residents, or 10.7percent, according to the census. Also according to the census, the City's population is now 442,241. Now, of course, this is just a snapshot in time, but it is the constitutionally accepted number by which to develop a new district plan. However, the growth has not been uniformacross the districts. So, in order to determine whether the district populations still meet acceptable constitutional parameters, we must start the analysis by calculating the ideal population for a district based on the new census data. Next slide. Determining the ideal population is a simple calculation, taking the total population, dividing it by the number of districts, City of Miami Page 127 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 and that is 88,448. Next slide. If you break the city down by districts, you see that the current District I has a population north of 80,000. District 2 has the highest population at almost 117. District 3 has the lowest population at 79 and change. District 1's population is north of 81, 000. And finally, District 5's population is 83,000 and change. So, as you can see, every district deviates from the ideal population. Next slide. The deviation may be lower or higher as the case may be in the current plan where the most populated district has over 28,000 citizens and the lowest with under 9,000 residents. Now with this information, we can determine if the plan is malapportioned by now calculating the overall deviation. Next slide. Vice Chair Russell: Could you go back one slide please, just for a second? Mr. De Grandy: Sure. If you want, I'll go back afterwards, as long as you want. Vice Chair Russell: I was just trying to do quick math in my head on the last slide, not this one, but the one just before with the actual deviation numbers. Got it. Thank you. Mr. De Grandy: Okay. Now, the overall deviation is the delta between the highest and the lowest population district and is expressed in terms of percentages. Next slide. As you can see, District 2 has a population slightly over 32 percent of the ideal. District 3 has a population slightly under 10 percent of the ideal. The overall population is then calculated by adding the highest and lowest percentage, which in the City's plan, is slightly over 42 percent overall deviation. Now, unlike for Congressional plans, as I explained in the report that I gave you, which requires virtual mathematical certainty because it flows from one provision of the Constitution, federal courts have provided more leeway in crafting a district plan. Federal case law informs that for state and local plans, one has to achieve substantial equality. Next slide. This basically has come to mean, based on the case law, that district plans for local governments may not exceed an overall deviation of 10 percent. Next slide. Therefore, it is easy to determine that at 42 percent overall deviation, the current plan is malapportioned and cannot be used in subsequent elections. Next slide. So, the challenge is to equalize the population among the districts, which basically requires a depopulation of District 2 and a methodology to ripple that population into the other four districts. Sir? Commissioner Diaz de la Portilla: I have a question. The total deviation is for the whole municipal government, for the whole city, not per district. The 10 percent that's allowed for local governments? Mr. De Grandy: 10 percent meaning, for example, if we're crafting -- Commissioner Diaz de la Portilla: But the 10 percent deviation, is it within a district or within the entire city? Mr. De Grandy: Within the entire city. So, for example, if we're crafting a new district plan and you tell me go ahead and go with substantial equality as opposed to mathematical equality, which I would recommend, then I could, for example, under - populate a district by three and a half, four percent and overpopulate a district by five and a half, six percent. Commissioner Diaz de la Portilla: So, you have that leeway, right. You have that -- Mr. De Grandy: But have to stay within 10. Commissioner Diaz de la Portilla: I got it. Commissioner Reyes: Okay. That means that a district could be, instead of being, let's say, all on 88,000 voters. City of Miami Page 128 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Mr. De Grandy: It could be 87 something. Commissioner Reyes: It could be 87 something, 85 something, and it all depends on what are the priorities. If we want to maintain the integrity of the district, blah, blah, blah, blah, okay? Mr. De Grandy: Right, right. And some of this I will cover in my presentation, so if you allow me a few minutes just to finish -- Commissioner Diaz de la Portilla: Well, I'm sorry. How much -- what's the maximum deviation you can have per district? Mr. De Grandy: It's not calculated per district; it's calculated per plan. Commissioner Diaz de la Portilla: Correct. Which is 10 percent. Mr. De Grandy: The overall deviation of the plan. Commissioner Diaz de la Portilla: I understand. But what's your thinking and how are you going to go down the line? In other words, you'll be okay, or you guys will be okay, we have one district that has 84 and one that has 92, for example. Mr. De Grandy: If that's over 10 percent, I'm not okay. Commissioner Diaz de la Portilla: Right. If that totals 10 -- Mr. De Grandy: If it's under 10 -- Commissioner Diaz de la Portilla: I understand. I understand. Mr. De Grandy: If one is 87 something, one is 89 something and it's within 10 percent, that's acceptable. Commissioner Diaz de la Portilla: I understand. Okay. Mr. De Grandy: Okay. So again, the challenge is to equalize the populations and again, the district populations can deviate by 10 percent. They do not have to be exactly equal. So apart from the constitutional requirement above -- the requirement, excuse me, to achieve substantial equality of population among the districts, let's briefly address other legal principles governing a redistricting process. Next slide. The Voting Rights Act of 1965 prohibits practices or procedures that discriminate on the basis of race, color or membership in one of the language minority groups. Now, the act has been applied in the context of redistricting to prohibit practices that result in disillusion of the minority group's voting strength or their ability to elect candidates of choice. So, in order to determine whether the Voting Rights Act is implicated in a redistricting process, one must first determine whether the minority group meets certain thresholds under the case of Thornburg versus Gingles. Next slide. First, the majority group -- minority, group, excuse me, must be large enough and compact to comprise a majority in a single -member district. Second, minority voters must be politically cohesive, and that means they generally coalesce around the same candidates or issues in elections. And third, the majority must usually vote as a block to thwart the election of the minority preferred candidate. Now, since we engaged, we have been conducting an analysis to determine the Act's applicability. And thus, we performed a deep dive into the last decade of elections to determine voting patterns in the city. And for example, we analyzed the DeSantis versus Gillum election. We then looked at precincts that were majority black to see how that City of Miami Page 129 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 community voted, and then we analyzed majority white districts. Next slide. We have determined that as in the last cycle, there is still significant voter polarization in the city, and thus the Voting Rights Act must be factored into this process. What that means is that we can consider race as one of several factors that we will be conscious of in crafting a plan. Now as you read in our initial report, there are also competing principles in this regard. For example, the case of Shaw versus Reno, the United States Supreme Court held their plan whose prime directive is creating district based on race violates the Constitution. And thus, reconciling these competing principles, it can be said that in crafting a district plan, one can be race -conscious, but not race - driven. In other words, racial considerations may be one of a menu of factors that one considers in developing a plan but cannot be the overriding factor. Next slide. So, the prime directives are compliance with the Constitution and the Voting Rights Act. But now, what other considerations are part of that menu I discussed in developing a plan that should also be used? And that leads us to a discussion of traditional redistricting principles. Next slide. Now, I've listed in the report and here on this slide some of the most commonly utilized criteria, but the Commission can also direct the use of any criteria that furthers a rational or important city interest, so long as it does not result in minority voter dilution or a race -driven plan. Now keep in mind that these criteria can also be competing and irreconcilable. And let me give you -- and that's why we will be asking the Commission at the end of this presentation for direction as to: A, what criteria to use, and B, what criteria to emphasize more than others. And so let me give you an example. Let's go to slide 16, I believe. The next slide. Stephen Cody: Okay. Mr. De Grandy: Emphasizing compactness, for example, may not allow us in the plan as it's drawn to maintain the core of existing districts. So, if the core of existing districts is important to you, then compactness is not one that I'm going to emphasize. Also, we need to know whether you wish to achieve mathematical equality, we can do that, or substantial equality of population, and as we discussed briefly, substantial equality gives me more flexibility to draw a plan. And finally, we need policy direction on the timing of public hearings. Next slide. We have two significant issues affect -- that affect our timeline. Now, first, census data, as you know, was supposed to be released in April of this year. It was not published `til the end of September. So, we're behind the curve. Additionally, we've been in conversations with the County's Department of Elections. The department is in the process of re-precincting the county in time for the upcoming 2022 elections. Supervisor Christina White has requested that we have the City's plan adopted by the end of Februaty 2022, so she can incorporate that in her reprecincting process. Now let me stop there for a second and tell you, that's not an etched in stone but it does come at a cost to the City. What Ms. White has told me basically is ifI can incorporate your plan into our re- precincting process, it conies at no cost to the City. If the City redistricts after they re - precinct, then they may have to redo the precincts for the City, they may have to issue new voter cards, postage, et cetera, and that will be borne -- that cost will be borne by the City. The County will not cover it. Now, in past cycles, talking again about public meetings, the City did hold public meetings prior to the development of the plan. That was, of course, when we got timely census data. But the delay in release of the census data may impact our ability to meet the department election's timeline and will delay the process. Several jurisdictions, including our state legislature, have opted not to hold public hearings prior to development of the plan as a result of the delay in the census data. Moreover, the public will nevertheless have an opportunity to comment when a plan is presented in a public hearing. And if those comments result in this Commission direction to make modifications to the plan, we will do so and we will present a final plan in a subsequent public hearing. So again, I would recommend that we have the public hearings when the plan is presented. And I can tell you based on our experience the last two decades -- the last two cycles, that when we held these public meetings, number one, almost no one showed up because there was nothing to City of Miami Page 130 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 see. And number two, the first, you know, or second or third question that 1 got is, why am I here? What do you have to show me? And what 1 would say is, well, we're here to get input from you, and the answer would be input on what? You're not showing me anything. So, I think the best time ,for the public to interact is when they have a draft plan to review and comment on. Now, with that, Commissioners, we look forward to your policy discussion and guidance, and Mr. Cody and I are here to answer any questions you may have. Commissioner Diaz de la Portilla: Mr. De Grandy, you said there will be a cost to the City if we redistrict after they re precinct. And did they express to you what that cost would be? Mr. De Grandy: 1 actually asked Ms. White and Ms. White -- and she, I called her in the morning. She had a busy day. She answered nay call at 5:00. She was already in her car. She said, I can't give you a cost. I asked for a ballpark. I can't give you a ballpark. But basically, you can quantify the postage for sending new voter cards to all residents of the City, the printing costs for the cards, and their internal work in doing the re-precincting. Commissioner Diaz de la Portilla: So, what's the feasibility of you having a plan by February of 22, you said, that's four months away. So, what's the feasibility of us having, or you presenting us with an actual plan before that date? Mr. De Grandy: 1 f you provide me policy direction today, and that policy direction includes we're going to defer the public hearings until the plan is presented, we can get you a plan by February of 2022. Commissioner Diaz de la Portilla: Well -- ifI may, Mr. Chair, you told us that these public hearings are worthless if you don't have an actual map or an actual plan. So, until -- we can't have the public hearings until you have an actual map. And then how many public hearings? You do one in every district; I would take it. So, its five? Mr. De Grandy: I would suggest we have one here where -- Commissioner Diaz de la Portilla: Right here. One total hearing? Mr. De Grandy: Yes. And then have another one if there are any changes that are directed by the Commission. Commissioner Diaz de la Portilla: Is a plan more legally binding if we have more public hearings? Or is it okay if we just do one public hearing? Mr. De Grandy: No, there is no constitutional requirement to have any public hearings. Commissioner Diaz de la Portilla: But in other cases that you've dealt with, because you're an expert in this, have you had problems when you don't have public hearings? Mr. De Grandy: Not -- not from a legal perspective, no. Commissioner Diaz de la Portilla: Okay. Mr. De Grandy: And as I said, I mean, you know, the first time I did redistricting, I was a member of the legislature. Commissioner Diaz de la Portilla: I remember. City of Miami Page 131 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Mr. De Grandy: And we traveled and did 26public hearings. Commissioner Diaz de la Portilla: 1 remember. Mr. De Grandy: And -- and there, we had some draft plans to present to the community, and the community, you know, did have comments based on that plan. But those -- Commissioner Diaz de la Portilla: One more. One more (UNINTELLIGIBLE). Mr. De Grandy: -- were draft plans, you know, those were public hearings based on draft plans. Commissioner Carollo: And by the way, the public hearings don't have to be here. They could be a more centrally located location. Commissioner Diaz de la Portilla: Right, that's what I'm saying. Commissioner Carollo: For the whole City. It could be in the MRC (Miami Riverside Center). Mr. De Grandy: It could be wherever you want. Commissioner Carollo: The chairs in the whole -- Commissioner Diaz de la Portilla: Or in the middle of the city somewhere. Commissioner Carollo: Or in the middle of the city anywhere else. Commissioner Diaz de la Portilla: Accessible for parking and everything else. I just have a quick,, one final, I have one final question, that's all. The -- in essence, by the numbers you presented, all the voters would come from Commissioner, well, from District 2, correct? Commissioner Carollo: Not necessarily. There's two ways we could do it. Commissioner Diaz de la Portilla: Well still, you have to take about 28,000 from him, right? Mr. De Grandy: Yes. The answer to your question -- Commissioner Diaz de la Portilla: Somehow. Yeah of course -- Mr. De Grandy: -- is to equalize population -- Commissioner Diaz de la Portilla: The lines could change, but you can -- Mr. De Grandy: You have to move 28,000 citizens. Commissioner Diaz de la Portilla: To four other districts. Mr. De Grandy: And ripple them up in four districts. Commissioner Diaz de la Portilla: Right. Mr. De Grandy: Now that will mean that the boundaries of every district will be modified. City of Miami Page 132 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Diaz de la Portilla: But you also have to protect the core constituencies of each district, correct? Mr. De Grandy: If that's what you direct me, that's what I do. Commissioner Diaz de la Portilla: Right. You protect the core constituencies, however we define that term, of those districts, and then you add, and most of it will be added from Commissioner Russell's District, right, because he comes around every district. Mr. De Grandy: Well, 1 want to be clear, Commissioner Russell's District will be depopulated -- Commissioner Diaz de la Portilla: Right. Mr. De Grandy: -- but the population that may end up in your district may come from another commissioner's district because I have to ripple up from one district to another. Commissioner Diaz de la Portilla: Of course, the proximity of course, but then I'ni sorry it leads to another question. So, I also -- a slide that you skipped through, but 1 saw it here, was that there is a need to protect an African American district. Is that correct? Mr. De Grandy: There is, yeah. Commissioner Diaz de la Portilla: As long as they're compact. As long as they're compact. Mr. De Grandy: Let me be clear, because the record is very important -- Commissioner Diaz de la Portilla: Yes sir. Mr. De Grandy: -- for any future actions. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: That's why I'm asking you, I'm trying to ask you the right way. Mr. De Grandy: The goal is to make sure that we do not dilute the voting strength of a minority community. Commissioner Diaz de la Portilla: Of a minority community, African -American, but you can dilute, hypothetically, to be clear, hypothetically though, a white population is not a minority group, correct? Mr. De Grandy: White non -Hispanic is not a protected class under the Voting Rights Act. Commissioner Diaz de la Portilla: Correct, correct. So, you in essence could be eliminating what we call here in Miami, in practical terms, an Anglo, right, the term that we use here, seat, potentially. Mr. De Grandy: Well, Commissioner, I will tell you, you know, interesting fun fact, there is no Anglo district. City of Miami Page 133 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Diaz de la Portilla: Of course not. Mr. De Grandy: District 2 is 52 percent Hispanic. Commissioner Diaz de la Portilla: I know, that's what I was getting at. I know the percentage, but it's also Coconut Grove centric, as an example. Mr. De Grandy: Yes. Commissioner Carollo: Yeah, but see, if 1 could just inject something, because by law, we have to make the districts on population. Commissioner Diaz de la Portilla: Correct. Commissioner Carollo: But that's not the reality of it. The reality of it, let me give it to you, so you can see the reality. The reality is, on those that vote, and who are the ones that least vote, the last that have come because they are not U.S. citizens. The bulk of that falls -- Commissioner Reyes: It's in your district. Commissioner Carollo: -- on the Hispanic community -- Commissioner Diaz de la Portilla: Sure. I was getting there. Commissioner Carollo: -- some the Haitian community. Commissioner Diaz de la Portilla: That's what I was getting at. Commissioner Carollo: Let me give you the real numbers. In District 1, you have the second lowest amount of voters of all the districts, 34,416. District 2, 62,198, by far the most. Vice Chair Russell: Registered or active? Commissioner Carollo: Registered. Commissioner Diaz de la Portilla: Registered. Commissioner Carollo: District 3, the lowest of all, 32,824. District 4, 41,908. District 5, 46,884. So, we have to work this out in a way that it meets the criteria of the law, that you more or less have to have the same amount of population in each district with the deviations that he mentioned, but we also have to work it in a way that the balance is not really shifted. And let's go back to what I heard from Miguel. Vice Chair Russell: So, Commissioner Reyes had wanted to -- Commissioner Diaz de la Portilla: Well, I haven't finished. I haven'tfinished my -- Commissioner Reyes: I just was -- Commissioner Diaz de la Portilla: And then, let me just finish my thoughts, because I'm going to lose my train of thought. It's very, quick. We have to do it in a voting age population, it's what the law requires us to do. But there is a reality that Commissioner Carollo mentions, which is that the registration numbers and the under -reporting because the census doesn't talk about a lot of you know people that City of Miami Page 134 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 are of age but are not residents or are not citizens or don't report, don't fill out the census, they're afraid. So, it's not really real representation. Putting that aside, I was trying to get to the point that in Commissioner, let's say District 2, because it's not his district, it's just District 2, we're not talking about individuals, there's over -voting, turnout matters too, right? In Coconut Grove, for example. There's a much higher turnout in Coconut Grove than in the surrounding parts of the district. So, it still remains a white district, for lack of a better term, an Anglo district, right? So those things, you cannot take any of that into account, right? Or can you? That's -- Mr. De Grandy: We sometimes take those things into account. And I'll ask Steve also to chime in on it. For example, when we've crafted majority/minority districts in the past where historically there was a lower voter registration, we didn't just look when possible, of course, when the population was there to do it. We didn't just look at doing a 50 percent or 52 percent, we looked at doing a 60 percent because we wanted a factor in that. Commissioner Diaz de la Portilla: You overcompensated -- you overcompensated for the lack of reporting. Mr. De Grandy: Right. Commissioner Diaz de la Portilla: Yes. Mr. De Grandy: Right. Now, we don't have -- Commissioner Diaz de la Portilla: How about with turnout? Can you do that with turnout too? Historical turnout and historical voter participation or registration for that matter? Mr. De Grandy: We could look at those things as long as we stay within the overall deviation. Commissioner Diaz de la Portilla: Yes, because Commissioner Carollo has a good point. There are districts that have more registered voters because of for many reasons, and others that turnout matters too. That combination of things may lead to an under -representation. You're right, there is no Anglo or White protected seat, right? But we have one now because of the overpopulation that exists there. But when you bring it back and we start distributing that, that could very easily change because you don't have to protect that particular class, it's not a protected class, right? Whereas you may have to -- you will have to protect District 5. Is that correct? Mr. De Grandy: I will have to ensure that we do not dilute. Commissioner Diaz de la Portilla: I want to use the word protect. I'm sorry. I know you're getting very nervous and so is, Vicky's not here, but she would be nervous if she were here. Commissioner King: I think what he's trying to say is that you have to -- you're going to attempt to try to maintain the core of the existing district. Commissioner Diaz de la Portilla: The core of the existing district. Mr. De Grandy: And comply with the Voting Rights Act. Commissioner Diaz de la Portilla: And comply with the Voting Rights Act of 65. Okay. City of Miami Page 135 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Reyes: Yes. Vice Chair Russell: Commissioner Reyes has been very patient. Commissioner Reyes: Yeah, I've been. Most of the questions that I had have been answered. But when you referred, as Commissioner Carollo, he referred to the registered voters. You don't take into consideration registered voters. I mean, the law says you take into consideration residents, right? That resident's is -- is -- Mr. De Grandy: Right. Commissioner Reyes: -- it is what is taken into consideration. And you came here asking for guidance. Mr. De Grandy: Correct. Commissioner Reyes: I think that Commissioner Diaz de la Portilla, the way that he stated it, I do agree. We want to protect the integrity of the main core, of the -- I for one, of the district without a -- and to assure -- Mr. De Grandy: The core of existing district. Commissioner Reyes: -- of the core of the district to assure continuity, you see. Mr. De Grandy: Absolutely. Commissioner Reyes: And I think that is extremely important because if we start chopping a district back and forth and make it totally, different, I don't think that even the residents are going to feel comfortable with it, you see. And I want you to take that into consideration. In my case, I will -- I will strongly request that the districts, you see, to be -- remain as they are as possible. You see, remains -- the core of the district remain as intact as possible. Take that into consideration, that's very important to me. And also, at the same time, you see, as Commissioner King said, we have to protect the core of District 5, and as much as we can, also the core of District 2, although there is not a White district anymore. But we will -- and I'm going to be very, very clear on it. I mean, this district, I remember the first time that this was drawn, you were mayor, right? You were mayor. Commissioner Carollo: Well -- Commissioner Reyes: -- and it was done -- excuse me, Commissioner, it was drawn in a way that every single ethnic group would be represented. And that's where this is the odd shape that we have now, you see, for every single district and it was drawn by -- what's the name of this guy that drew them? (UNINTELLIGIBLE) Uncle? La Sevilla was the one -- Commissioner Diaz de la Portilla: Johnny. Johnny. Commissioner Reyes: Was the one that presented this plan. And I was here. And I didn't agree with it. Commissioner Carollo: No. No. Commissioner Reyes: But yes, yes. Yes. Commissioner Carollo: That's the first one that was done. I don't know when it was done but -- City of Miami Page 136 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Reyes: Well. When he presented this plan, 1 was very upset about it because it divided Flagami the way it was. But that's out of this question. I mean, that's (UNINTELLIGIBLE). Commissioner Carollo: This plan came after. The one you have today was not the original. Commissioner Reyes: No, no, no, no. Commissioner Carollo: It came -- Commissioner Reyes: No, I'm saying --Pm saying that this plan, it was changed to this plan after 10 years, but the original was different, but it was -- it was drawn in a way that every single ethnic group was protected, you see. Mr. De Grandy: Yes, but it was -- it was done on race -neutral criteria. Commissioner Reyes: Yes. Mr. De Grandy: So, for example, District 2 was justified on the basis of being a coastal district, being a high -density district, being an environmentally sensitive district. Steve, you had something that you wanted to add? Commissioner Diaz de la Portilla: Condominiums. Stephen Cody: No, I wanted to, on another subject, but finish your thought. Mr. De Grandy: Go ahead. Commissioner Reyes: And also, I -- and one thing that is -- I mean, it's also worrisome also to a District 1 and 3, because you have the highest population of non- voters. People that, I mean, not resident, you see. It is -- I mean you have a task in front of you, and I -- and I personally would love to preserve the integrity of the core of my district, and I think that you have to start from that. Mr. De Grandy: Yeah, and Commissioner, if I may, as you're giving me your individual guidance, I can, and I think your attorney will tell you, I can only follow guidance that is given to me as a body. And so, if there's three of you that want to maintain the core of existing districts, that's what I do. If there's three of you that want to, you know, keep traditional communities together, keep Allapattah, keep Little Havana, keep Wynwood, et cetera, within a district where possible, that's what I do. But as -- as you develop your discussion, please understand, you know, I would suggest you make motions as to what criteria you want to direct me to use, and that's what I'll do. Commissioner Diaz de la Portilla: I think we want both of those things. Right? Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: Yes. So, I think, and I'll make a motion to that end. Commissioner Reyes: That's right. Pike -- Commissioner Diaz de la Portilla: To begin -- just. for discussion purpose, we can then change it. That we want to maintain the core constituencies ofthe districts. City of Miami Page 137 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Mr. De Grandy: Okay. Commissioner Diaz de la Portilla: And we want to maintain traditional communities as we know them in Miami. Allapattah is Allapattah, Flagami is Flagami, Wynwood is Wvnwood, Overtown is Overtown. Commissioner Reyes: Liberty City is Liberty City. Commissioner Diaz de la Portilla: So those communities need to be protected. What you don't want to do is you don't want to split them. You don't want to cut them in half. You don't want to dilute their voting strength or their ability to elect (UNINTELLIGIBLE). Commissioner Carollo: Well, you have many that have been cut in half For instance, Shenandoah, Commissioner Diaz de la Portilla: Yes, of course. Commissioner Carollo: Silver Bluff Vice Chair Russell: Wynwood. Commissioner Diaz de la Portilla: But those are -- but those are communities that are similar in nature. Commissioner Carollo: No. Commissioner Diaz de la Portilla: Yeah. Commissioner Reyes: Flagami is split in half. Commissioner Carollo: No. Commissioner Reyes: Flagami is split. Commissioner Diaz de la Portilla: Flagami is split in half between you and me. Commissioner Carollo: If we could go back to a couple of the pages that you have, that you described. Mr. De Grandy: Which ones? Commissioner Carollo: I think there were a couple before this last one that we have here. Mr. De Grandy: That dealt with traditional redistricting systems? Commissioner Diaz de la Portilla: So, I withdraw the part of traditional communities and I'll leave the part of only core constituencies. How about that? This is a recommended motion, not to debate it now, just out there. Vice Chair Russell: So, you're making a motion at this point? Commissioner Diaz de la Portilla: Yes, sir. I'm making a motion to -- Vice Chair Russell: Is there a second to Commissioner Diaz de la Portilla's motion? City of Miami Page 138 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Carollo: Can you go -- Commissioner Diaz de la Portilla: I'm making a motion just to preserve core constituencies. Commissioner Carollo: Yeah, that -- that think we're all in agreement. Commissioner Diaz de la Portilla: That's the only one. Commissioner Reyes: 1 second that. Commissioner Diaz de la Portilla: That's the only one. Vice Chair Russell: Seconded by Commissioner Reyes. Keep on discussing. Commissioner Carollo: Can we go back one more, because you have -- Mr. De Grandy: One more, Steve. Commissioner Carollo: One more back if we could. One more. Mr. De Grandy: One more, Steve. Commissioner Carollo: Oh, yeah. Mr. De Grandy: One more. Commissioner Carollo: No, no, no, let's go forward. Mr. De Grandy: The one with the map or text? Commissioner Carollo: No, no, no, not the map, the text. The text. Mr. De Grandy: Text. Okay. Commissioner Carollo: Go forward. Mr. De Grandy: Go forward? Commissioner Carollo: Yeah. Mr. De Grandy: Steve? Commissioner Carollo: Okay, hold on for a minute, Steve. Okay, let's go to the next one. Okay. Vice Chair Russell.• We're drawing it. We're drawing it. We've got to leave now. Commissioner Carollo: No, no, no, no. You can hold on 'Or one second. knot, I'm going to get you pampers for the next meeting. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Carollo: This is important. This is important. It says, you're a big boy. Vice Chair Russell: I can hold it. City of Miami Page 139 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Carollo: Come on. Just breathe, breathe, breathe loud. Commissioner Reyes: Cross your legs. Commissioner Diaz de la Portilla: Good to go. Commissioner Reyes: Cross your legs. Commissioner Carollo: Minority voters must be politically cohesive. Okay? Mr. De Grandy: Yes, sir. Commissioner Carollo: And this to me is one of the most important aspects of what we need to give him instructions on. And I think we all understand why that is important. Minority voters must be politically cohesive. So, I will make a motion that this would be part of what you use to put the districts together also. Minority voters must be politically cohesive. Mr. De Grandy: In other words, what you're saying is over and above the Voting Rights Act analysis, you want me to look at how different neighborhoods and communities vote, and if they vote in a cohesive manner to try to keep them together. Commissioner Diaz de la Portilla: Correct. Mr. De Grandy: Okay. Commissioner Diaz de la Portilla: Yeah, so that will be -- that will be sort of an amendment, right, do you mind? Preserve core traditions -- constituencies, and they must be -- Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: -- minority voters must be politically cohesive. Commissioner Carollo: Right. Commissioner Reyes: As seconder I accept that. Commissioner Carollo: Those two. Commissioner Diaz de la Portilla: Yes, those two. Just those two for now. Commissioner Reyes: Those two. Commissioner Carollo: Those two. Commissioner Diaz de la Portilla: You accept that? Commissioner Reyes: I accept that as a -- Commissioner Diaz de la Portilla: Thank you. Commissioner Carollo: Alright. Vice Chair Russell: Mover and seconder accept the amendment. Commissioner Diaz de la Portilla: Well, can we pass this one and then continue? City of Miami Page 140 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: I -- we've got some -- Commissioner Carollo: Yeah, then you can go and, you know -- Commissioner Diaz de la Portilla: Yeah, let's pass this one. This is an important one. Commissioner Carollo: We won't pass too many. Commissioner Diaz de la Portilla: I'll be back with you. Believe me, I'm fast. Ion fast. Commissioner Carollo: -- take a long time. Commissioner Reyes: You know, this is the starting point. Commissioner Diaz de la Portilla: I know. Commissioner Reyes: And he is going to come back. And the big argument is going to come when we see the map. Commissioner Diaz de la Portilla: Of course. Mr. De Grandy: Yeah. Yeah, because I will -- Commissioner Diaz de la Portilla: Call the question so 1 can go to the restroom and then I'll be right back, I promise. Mr. De Grandy: Because I will tell you, Commissioners -- Commissioner Carollo: I'm going to suggest he comes back with two maps. Commissioner Diaz de la Portilla: Okay. I like that too. Commissioner Carollo: But I'm going to explain to you how. Commissioner Reyes: That's right. Mr. De Grandy: Because I -- what I will tell you, Commissioners, and I said it briefly in my presentation, because the prime directives are driven by the numbers, we will not be able to fully satisfy every one of your directions. We just can't. Because for example, you know, voter cohesion. That may tell me, okay, let me, you know, break up this traditional neighborhood because this side of the street votes that way, the other, the other. Now, compactness, if you tell me, try to be compact. I can't do it on -- doing core of existing districts. So, I just want to put that on your radar. At the end of the day, if I present a plan that nobody's 100 percent happy, I probably did my job. Commissioner Diaz de la Portilla: And 1'll tell you, nobody's going to like your maps. I've never seen in any redistricting situation where every commissioner, every senator, or every representative has come away liking a map completely, but they're happy that it's fair enough. And that's always there. Commissioner Reyes; Yeah, but try to do it -- Commissioner Diaz de la Portilla: And your job is to make sure that it's legally, you know, legally, correct. Commissioner Reyes: Absolutely. City of Miami Page 141 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Mr. De Grandy: My job is first and foremost, that it's constitutionally compliant -- Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Mr. De Grandy: -- with the Voting Rights Act. Second, that it reflects to the greatest extent possible, the direction given by this Commission. Commissioner Diaz de la Portilla: Okay. Commissioner King: Also, 1 think you should take into consideration to try to avoid voter confusion. Commissioner Reyes: Yes. Commissioner King: We don't want to disrupt -- we don't want our voters not to know who they're voting for because we've changed it so drastically -- Commissioner Reyes: Absolutely. Commissioner King: -- that there's an issue there. And I think we should be shooting for substantial equality. Mr. De Grandy: Yes ma'am, if that motion is passed, that will be my direction. Commissioner Diaz de la Portilla: Instead of mathematical, put substantial. Commissioner King: Substantial equality. Commissioner Reyes: That's right. Mr. De Grandy: Is that in the form of a motion, ma'am? Commissioner Diaz de la Portilla: That's a third part of the motion. Commissioner Reyes: Yes, that's a -- Vice Chair Russell: It's just an amendment to the existing motion. Commissioner Carollo: The core -- the core of each district, certainly yours, mine, is going to stay the same because you can't go any other way. Commissioner Diaz de la Portilla: Right. Commissioner Carollo: Yours will also, which is Allapattah and the whole area. That won't change. The change is going to come basically from two areas. One is going to be to -- and Russell's district is divided really into three areas. The Grove, Brickell Downtown -- Vice Chair Russell: Edgewater, Morningside. Commissioner Carollo: -- and then you've got the rest of it. Commissioner Diaz de la Portilla: Edgewater, Morningside, and all that area. Commissioner Carollo: So, Downtown, it's not going anywhere because that's right in the middle. City of Miami Page 142 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Diaz de la Portilla: Right. Commissioner Carollo: So, you could only make changes front the northern part of District 2 or from the southern part down here. Vice Chair Russell: There's some western pieces as well. Commissioner Carollo: It's that -- well, you don't really -- yeah, but that's across there. Those are gone already. I mean, I'm not even throwing this -- Commissioner Diaz de la Portilla: Just don't give me Wynwood, that's all. Commissioner Carollo: Moat's across -- well, l figured you wanted that. So, 1 -- Commissioner Diaz de la Portilla: No, I don't like that. Commissioner Carollo: Didn'tI tell you that, Mr. De Grandy? When I met with him, I told them, you know, Commissioner Diaz de la Portilla -- Commissioner Diaz de la Portilla: Give me a little bit of Wynwood. Commissioner Carollo: Yeah -- Mr. De Grandy: Well, if1 may, Commissioner, I may be even more constrained than that because the last cycle, I was able to do exactly what you said. 1 was able to take the north of District 2 and put it into District 5 because it was significantly underpopulated. Commissioner Diaz de la Portilla: Correct. Mr. De Grandy: That did dilute somewhat the black voting percentage. IfI were to try to take the 28,000 or even, you know, 10 or 15,000 and just lop them into District 5, District 5 may not be a performing district anymore for the minority community. And so, I have to look at that under the Voting Rights Act. And so quite frankly, if you look at the map, I have a wall that separates D2 and D5. I could certainly work around the edges of that wall, but really -- Commissioner Diaz de la Portilla: The southern part. Mr. De Grandy: -- the southern part of District 2 is what's in play, and that needs to ripple up. Commissioner Diaz de la Portilla: Right. Mr. Cody: Miguel. Commissioner Diaz de la Portilla: Right. Mr. Cody: Miguel. Mr. De Grandy: Unless -- unless you tell me start from scratch. Commissioner Diaz de la Portilla: And -- and -- well, no, no -- Commissioner Carollo: And having said that -- City of Miami Page 143 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Diaz de la Portilla: -- and because -- well, it's interesting, because if that part, the white seats, for lack of a better term, is not a protected class, you can in fact move some of those people north, into 4, into 3, and then west into 1, from east to west, right? You can't -- and then 5. So, you can't move from south, north, or the other way around, right, from north, south, and take some of those communities that are White communities and incorporate them into some of the Hispanic seats, for lack of a better term again, right, without diluting Hispanic minority power in those districts, correct? And you can also go from east to west. Like for example, I end on 7th Avenue, 1-95 more or less, and you can add some of those areas, right? Again, I'm not -- we're not drawing maps now. I'm just saying that in essence, you're going to have to add, for example, I'll give you an example. Douglas Park. Douglas Park is a politically cohesive community that's in Commissioner Russell's District. It probably doesn't belong there, right? If we look at political cohesion, it belongs, probably, in Commissioner Reyes's District. That's an example. I think it's 577 is the number of the precinct, right? Commissioner Carollo: Very big area. Commissioner Diaz de la Portilla: 577, where Victor's Cafe used to be and all those areas, right? It's 577. Commissioner Carollo: Well, he's got Victor's Cafe already. Commissioner Reyes: (INAUDIBLE). Commissioner Carollo: Yeah, he's got that already. Commissioner Diaz de la Portilla: Yeah (UNINTELLIGIBLE) -- yeah, yeah, from 25th -- froin 25th to US -I. Commissioner Reyes: (INAUDIBLE). Commissioner Diaz de la Portilla: So, the point is that that area is more politically cohesive, it has more core constituents than they do with more commonalities, I guess, than they do with Coconut Grove, as an example, or Edgewater. So, things like that can happen, right, as an example, without drawing a map. Just using that particular precinct as an example for this, for conversation purposes. That you can, in fact, take that and put it into Commissioner Reyes's District, Distrist 4, right? Mr. De Grandy: Yes, sir. Commissioner Diaz de la Portilla: You'll do something like that and US-1 will be your mark or something like that. Mr. De Grandy: Yes, sir. Commissioner Diaz de la Portilla: Right? Okay. Commissioner Carollo: Well, let me -- Mr. De Grandy: Steve, you had a comment? Mr. Cody: Yeah, just so you know that while we didn't include voter turnout or how the vote result was in the present district, because it's not really relevant as to whether there is a violation if we try to use these districts again. We do have the data Pr the last 10 years for voter registration, voter turnout, voter turnout by ethnicities, and also, we have the data, for all of the statewide races. We don't have countywide City of Miami Page 144 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 races because our software vendor didn't have that. But at least we can give you an idea of again, with the Gillum versus -- Commissioner Diaz de la Portilla: You don't have countywide numbers because your software vendor didn't give it to you? Then get another vendor. Mr. Cody: Well, for instance, to them, the Daniella Levine Cava race versus Steve Bovo, that race isn't available because for them it is not economically feasible to put that into the system, and the cost of that would be to add all of those countywide races JroDade County would probably add about $100, 000 to our cost. And we can -- Commissioner Diaz de la Portilla: I don't know where the heck you buy your data from. It's nowhere near that cost. Mr. Cody: It's a company called Esri. If they have to -- Commissioner Diaz de la Portilla: Okay, well find another company -- Mr. Cody: If they have to -- Commissioner Diaz de la Portilla: -- because I buy data all the time and it doesn't cost that. Now, whether your program can correlate all the different data to -- including those elections. 1 think those elections are important because let me tell you why they're important -- Commissioner Carollo: Extremely important. Commissioner Diaz de la Portilla: Let me tell you why they're extremely important -- Mr. Cody: We -- Commissioner Diaz de la Portilla: -- because the people who voted in local elections are not the same people who voted in -- in governor's elections or in presidential elections. Different kind ofpeople, different turnouts. Commissioner Carollo: And I'm going to tell you -- Commissioner Diaz de la Portilla: And that's why it's important. Commissioner Carollo: -- in my district, there are some precincts that not a single Hispanic or Republican has been able to have won in about a decade, except far me. That's a fact. So, I'm not the norm. I'm the not normal that I won those precincts. Commissioner Diaz de la Portilla: But we agree with that. Commissioner Carollo: But I saw -- Vice Chair Russell: You're so bipartisan. Commissioner Diaz de la Portilla: Yeah. Commissioner Carollo: Well, I try to -- Commissioner Diaz de la Portilla: Well, he's not. Commissioner Carollo: -- you know, not get like you or some others, you know. City of Miami Page 145 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Diaz de la Portilla: Yeah, nonpartisan -- Commissioner Carollo: I understand that this is a nonpartisan position, you know -- Commissioner King: You know, I'd like to chime in as well, because this is the second time I heard something about money and the cost, you know, what it would cost. I wouldn't want you to prepare this based on trying to save money. I think this is important enough and it -- Commissioner Carollo: Yes. Commissioner Diaz de la Portilla: Of course. Commissioner King: -- affects so many lives that the financing of this should not be a consideration. We should spend what we need to spend, and we should analyze however we need to analyze, no matter the cost -- Commissioner Carollo: Yeah. Commissioner King: -- because this will affect the lives -- Commissioner Diaz de la Portilla: Yes. Commissioner King: -- of residents in Miami -Dade County. Commissioner Diaz de la Portilla: And that's why it shocked me. (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Diaz de la Portilla: And that's why it shocked me, Commissioner Carollo: Well said. Well said. Commissioner Diaz de la Portilla: Absolutely did, and that's why it shocked me that you said that. First of all, it doesn't cost that much, but let's say your vendor wants to charge you that much. That data, as Commissioner Carollo also said, local election data is critical. Critical. Critical. So, it should not have a price tag attached to it to make this kind of an important decision as who's going to represent people. That's to nee, that's -- Commissioner Carollo: I also will tell you -- Mr. De Grandy: Let me -- let me -- if I can interject, we've been using the same software that's used by the State of Florida. Commissioner Diaz de la Portilla: I know. Mr. De Grandy: That being the case, you want us to use other software, you want us to add additional data -- Commissioner King: I'm not only speaking about -- Mr. De Grandy: -- it's all a matter of cost. Commissioner King: I'm not only speaking about the software -- Commissioner Diaz de la Portilla: We don't care about that -- City of Miami Page 146 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner King: -- because there's a time sensitive issue, can you get it done -- Commissioner Diaz de la Portilla: Yeah. Commissioner King: -- by in fact -- by February 2022. I don't want to rush it; I don't want to do anything because it's cost prohibitive. I want us to take our time and I want it to be done correctly so that we achieve the goals that this body has identified to you. Commissioner Diaz de la Portilla: Correct. Commissioner King: And so that our constituency is well served into the fixture. This isn't something that should be rushed. This isn't something that, you know, we should use coupons for. Commissioner Diaz de la Portilla: Yeah, we'll call the election -- Commissioner King: We should take our time and do it correctly. Commissioner Diaz de la Portilla: You call the Miami Dade -County elections, they'll charge you 40 bucks for everybody who voted. Mr. De Grandy: Your point -- (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Reyes: In other words, in other words, what Commissioner King is saying -- Commissioner Diaz de la Portilla: 40 dollars. Commissioner Reyes: -- don't constrain yourself because it's going to cost, or don't rush yourself I mean, to have this before deadline because of additional cost. We want to do it right. Mr. De Grandy: Commissioners -- Commissioner Reyes: Isn't that right? Mr. De Grandy: -- I've heard you loud and clear. Commissioner Carollo: Well -- Mr. De Grandy: And again, it's a matter of cost. We will get different software. We will load additional elections. That's not a problem. It's just a matter of I'm going to have to bill you for it. But other than that, it's not a problem. Commissioner Carollo: Now let me go and I'm glad that you took my advice and you breathed hard. You stay with us. You're okay now. Commissioner Diaz de la Portilla: Yeah, I am, I'm good. Commissioner Carollo: Good. Commissioner Diaz de la Portilla: Have control. City of Miami Page 147 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Carollo: But let me go a little bit, real quick, into the history of this. And Commissioner King, you know, was a lot younger than some of us, so she won't remember as well as the bunch over here or Mr. Diaz de la Portilla. Commissioner Diaz de la Portilla: Yeah. Commissioner Carollo: When we went to districts, we went to districts when I was mayor, we had no African American representation in the Commission. So instead of waiting for more years to go on like that so that there could be a solid case made in the court, I decided that 1 was going to put in my political capital and make districts to assure that there would be an African American sitting in this Commission, and there would be an Anglo. I got half of one, but we're still good. And 1 wanted to make sure that there were three Hispanic districts because that's the way that our population was and basically still is. It passed. 1 knew that there were a lot of negative points from going to districts, but there were even greater negativity if we didn't do that. So that's why I pushed it and it passed. Now, going into where we're at today, and what we originally started with is night and day difference with what we have. For instance, Flagami was part of one district, not cut down the middle. And I could go on. But what I want to be clear is that while the core of our districts are going to be kept, and the only one that might be affected by that is District 2, because where is the core? But in the other districts, the core will be cut because of the ways comprised the districts are. This is one that every district is going to have to lose some precincts that it has, so that what we want to see happen, what was the original idea back -- many years back, would be the reason that we're having districts, to keep an even population and that minority voters will be politically cohesive within these districts. And to be even more clear, I want all my colleagues to understand that there's not a single one of us here that's going to be able to keep all the sirloin, and gravy will then go to some of the other districts. All of us are going to have to give and take while keeping the core of our district intact. The hardest one is because of the way it was made, or the reasons it was made, is District 2. And that's the one that's got the biggest population, and that we're going to have to cut from somewhere. If it's not north, the bulk of it is going to be south. Vice Chair Russell: Yeah well, I'd like to ask some questions that may take us in a different direction. It'll all depend on the will of this body, of course, and potentially even the voters if this has to go as a charter change depending on how far we go. And I think that's the first question actually is how far do we want to go. Commissioner Carollo: This is not a charter change, by the way. Vice Chair Russell: No, in your current iteration it is not. But let's just throw this out here. Mr. De Grandy, do you know of any city our size that has as few commissioners as we do? Mr. De Grandy: Commissioner, I could tell you offhand, you know, you have, you know, Atlanta has close to 500,000. They have over a dozen council members. You have -- Tampa's close in your population. They have seven members. Steve, you know any offhand? Vice Chair Russell: Let me -- I did a little research and this list of cities are all over 400,000: Arlington, Tulsa, Tampa, Minneapolis, Oakland, Virginia Beach, Long Beach, Omaha, Raleigh, Colorado Springs. None of them have less than seven. Commissioner Carollo: For whatever it's worth, I'll say right now, I would not be in favor of adding more elected officials. Commissioner Reyes: Me either. City of Miami Page 148 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Diaz de la Portilla: Well, that dilutes minority voting power. You're probably just trying to discuss or getting to discuss at -large districts. And 1 would not be in favor of that either. Vice Chair Russell: Not necessarily. Not necessarily. Commissioner Diaz de la Portilla: It dilutes minority voting power. Commissioner Reyes: 1 don't think you've got the votes for that. Vice Chair Russell: It may not be. And we've never talked about it, so I'm just wondering. Commissioner Diaz de la Portilla: But we all know where you're going. Vice Chair Russell: Well, you don 't, because I'm not talking about at -large seats. Commissioner Diaz de la Portilla: But you're talking about additional seats. Commissioner Reyes: I don't see why we have to add more. Listen, let's be honest. We are five here and sometimes it takes us a little point, we discuss about an hour and talk about one assignment, one seat. And imagine if we have seven or eight people, come one. Commissioner Diaz de la Portilla: And who the heck wants more politicians? Think about that. Commissioner Reyes: And besides that -- Commissioner Diaz de la Portilla: We have enough. Commissioner Reyes: -- it's going to be additional cost. Vice Chair Russell: It is. Commissioner Carollo: Yeah, but not only that, having more elected officials doesn't make for better government. Commissioner Reyes: Absolutely not. Commissioner Diaz de la Portilla: Of course not. Vice Chair Russell: Okay. We tested that theory. Commissioner Carollo: Look what happened to the County. Commissioner Reyes: That is settled. You see, we have, I think that we have a motion. I think we should vote on it, and they have their marching orders and then come back because -- Commissioner Diaz de la Portilla: And we'll come back December 9th and talk about it. Commissioner Reyes: Because everything that we've been talking here and all of that, not until we see it, just like people have expressed whenever you call for a meeting without a map. City of Miami Page 149 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Diaz de la Portilla: And 1 also think -- Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: And I also think that maybe you should come back December 9th also. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: So, we can have more debate about it and then you have a beautiful Christmas doing maps. Commissioner Reyes: Yeah. Commissioner Carollo: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: And you come back, and you have something for us in February, but at least I think -- I think we need to think about it a little bit more, at least 1 do, and think if I have any other thoughts on how we should move forward. Commissioner Carollo: No, 1 think you're right. Commissioner Diaz de la Portilla: Something like that, cause I'm not there yet -- Commissioner Carollo: We should come back December 9th. Commissioner Diaz de la Portilla: -- you know, in what 1 want to recommend. Commissioner Carollo: What 1 would say for myself is I'd like to see two plans. One -- frankly all of them, you keep the core as we voted upon, but in -- Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Carollo: -- but in one, you're going to try to see how you take more into the remaining districts, from District 2, this -- Commissioner Reyes: Yes. Commissioner Carollo: -- the one with the biggest population by far. Mr. De Grandy: I have to do it in both. Commissioner Carollo: Yeah. But on the other one, you're going to have to do it also, but that's where you will have more wiggle room to move existing precincts around without affecting the core of a district. We're affecting the least amount to make it a legally sound plan, and -- Mr. De Grandy: I think, Commissioner, I will try my best to follow that direction, but I think moving 28,000 people, there is going to be disruption in all the districts. I could do one that's maybe less disruption -- Commissioner Carollo: But you know what -- Mr. De Grandy: (UNINTELLIGIBLE). City of Miami Page 150 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Carollo: -- Miguel, what I'm not going to vote to see is that you're going to create in Hispanic districts a non -minority politically cohesive district where on the surface it looks like one thing, but because the minorities in those districts do -- are not registered to vote because they're not citizens or what have you, and because maybe there's a few that think that they are descendants of George Washington Jefferson, might look at things differently, and then it affects the future of these districts. Now, I'm term limited after these four years that I just got elected for. So, it's not going to affect me, but I've given a lot of my life to this city and I want to make sure that what I leave behind is going to protect this city to the most that 1 can, just like when 1 made the decision that I was going to put my neck in this line and that 1 was going to push for districts, so that we will have African American representation and Anglo representation. Mr. De Grandy: Okay. Commissioner Reyes: Okay. Mr. De Grandy: Well, what 1 will say there, Commissioner, is as we are developing the districts, we will certainly -- I hear your concern, especially because yours has a low registered voter percentage. We will be looking at registered voters by ethnicity as we're -- as a sub -analysis as we're crafting the districts to make sure that we address your concern. Commissioner Reyes: That's it. Commissioner Diaz de la Portilla: And election results. Mr. De Grandy: Of course. Commissioner Reyes: And election results. Commissioner Diaz de la Portilla: And election results, including local elections. Commissioner Reyes: Okay. Mr. De Grandy: That's fine. Commissioner Reyes: It is -- everything is clear. Vice Chair Russell: Got it. There's a motion, there's a second, there are several amendments, have they been captured? Mr. De Grandy: Let me make sure I understand the amendments. Maintain the core of existing districts; address voter cohesion, ensure -- Commissioner Carollo: Politically, cohesiveness. Mr. De Grandy: Excuse me? Commissioner Carollo: Politically, cohesiveness. Mr. De Grandy: Yeah, voter cohesion, political cohesion. Those are the two I have. Any more? Commissioner King: Substantial equality. Mr. De Grandy: Substantial equality as opposed to mathematical. City of Miami Page 151 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) not mathematical. Mr. De Grandy: I got that one. Okay. Is there an interest in maintaining traditional districts together, traditional neighborhoods together when feasible? Commissioner King: Yes. Commissioner Reyes: Yes. Commissioner Carollo: Yes, when feasible. Commissioner Diaz de la Portilla: When feasible. Commissioner Reyes: When feasible. Commissioner Carollo: Because you already have numerous broken up in my district, with Commissioner District -- Commissioner Reyes' District. We've got two that have been broken up. Commissioner Diaz de la Portilla: And Flagami also with me Commissioner Reyes. So -- Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: So those communities can belong in either district, I think, because they will elect -- the core constituency will elect the same kind of representative, right? But what you don't want to break up is you don't want to break up an Overtown or a Liberty City and put, you know, half of Overtown into my district, for example. Commissioner Carollo: Exactiv, and -- Commissioner Diaz de la Portilla: That's what you want to avoid, but, you know. Mr. De Grandy: I think I'd violate the Voting Rights Act if I did. Commissioner Diaz de la Portilla: Exactly. Mr. De Grandy: I'm not going there. Commissioner Diaz de la Portilla: Or one precinct in Overtown. Commissioner Reyes: But what I'm saying is, I mean, we have to also be careful, you see, there is a distinction between ethnicity within a neighborhood and -- and non - ethnicity because, I mean -- Commissioner Diaz de la Portilla: Well, look -- you know, well, look, people in the Roads don't vote the same way as people in Allapattah, even though they may be Cuban American or Hispanic. They don't vote the same way. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: Right? Some of them are, I think you used the term Juan, I'm not going to use it, but uppity, some of them are uppity something. Do you remember that term? City of Miami Page 152 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Carollo: Yeah. Mr. De Grandy: 1 think 1 referenced that in a legislative debate, yes, many years ago. Commissioner Diaz de la Portilla: Uppity something, that one. Well, you know, some are those kind of people, and then they're different. So even within racial groups or ethnic groups, there are differences, economic differences, they vote differently. Mr. De Grandy: Of course. Commissioner Diaz de la Portilla: So that's why election results matter when you look, especially local election results. Commissioner Carollo: So that's what you thought of our former city manager, that he was uppity? Commissioner Diaz de la Portilla: Yes. Sorry. Mr. De Grandy: So, if I may get -- and I'm sorry to interrupt. Commissioner Diaz de la Portilla: No, I'm just trying to, you have the motion. The idea is just that -- Mr. De Grandy: Right. Commissioner Diaz de la Portilla: -- you're Cuban American, so you understand that within our own community, Hispanic American, within our own community, we have differences also. Mr. De Grandy: Of course. Commissioner Diaz de la Portilla: You know, there are economic differences. Mr. De Grandy: As in the Black community, with the Black community. Commissioner Diaz de la Portilla: As the black community, with all communities there are differences, right? Mr. De Grandy: Yeah. Commissioner Diaz de la Portilla: You have Haitian Americans versus African Americans, so you have those differences, too. So, all those things are factors. They're not just all African Americans, so that's -- Commissioner Carollo: The -- the other area that I would like to give them instructions on is that we get at least two potential maps, even a third won't be bad, if you can, and that one of them would be all non -hold bar, in each district where -- so one you're going to make the most changes in each district without affecting the core. So that we could have, at the very minimum, two to look at, preferably three potential scenarios. Mr. De Grandy: Okay. Vice Chair Russell: And one with seven districts. Commissioner Carollo: Excuse me? City of Miami Page 153 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner King: No. Commissioner Reyes: No. Vice Chair Russell: No? Commissioner Carollo: No. Vice Chair Russell: No. Commissioner Carollo: That's a no-go. Mr. De Grandy: Before you pass on the motion, what I would ask you is now, hierarchy. In other words, and let me give you suggestions, substantial equality, that's at the top. That's -- that's very important, so I have flexibility. From that, do you want core of existing district next? Do you want voter cohesion next? Do you want traditional neighborhoods next? Give me -- Commissioner Dial, de la Portilla: Core. Mr. De Grandy: Core is next. Commissioner Carollo: Core is one, secondly, should be politically cohesive. Commissioner Reyes: (UNINTELLIGIBLE). Mr. De Grandy: Core, and after core, political cohesion. Commissioner Carollo: Yes. Mr. De Grandy: Got it. Commissioner Reyes: Yes. Mr. De Grandy: And then traditional neighborhoods were feasible. Got it. Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Dial de la Portilla: Where feasible. Mr. De Grandy: Okay. Commissioner Reyes: If it is, feasible. Mr. De Grandy: Yeah. Commissioner Carollo: So. Mr. De Grandy: Is there a consensus on that? Vice Chair Russell: There is. Commissioner Carollo: There is. Mr. De Grandy: I see it. Vice Chair Russell: There is. City of Miami Page 154 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Mr. De Grandy: Okay. Commissioner Reyes: It must he -- Let me tell you something. Commissioner Diaz de la Portilla: One more thing, if I may -- you will come back on December 9th and we may have additional direction of where we want to go -- Mr. De Grandy: Okay. Commissioner Diaz de la Portilla: -- as I have more time, at least from my perspective, I have more time to think about additional things that we need to do. 1 haven't had -- I know we've been trying to get together, I haven't had the opportunity to meet with you. We had to cancel a couple of times. 1 had to cancel. I apologize for that. Mr. De Grandy: No problem. Commissioner Diaz de la Portilla: But we need to do it soon, before December 9th, so we can -- Mr. De Grandy: Whenever you want. Commissioner Diaz de la Portilla: -- walk through and he can give me some ideas. Because I know that we can give you whatever direction we want, but you also have the challenge, both of you, of making it legally -- constitutionally compliant. Mr. De Grandy: That is -- Commissioner Diaz de la Portilla: That's number one. Mr. De Grandy: -- the prune direction. Commissioner Diaz de la Portilla: So, we don't want to -- I don't think we should push you too hard to go outside those parameters. Mr. De Grandy: I can't. Commissioner Diaz de la Portilla: I know you can't. That's why when you come back to us, you may come back to us with an argument, unless we have more conversations, December 9th for example, on where -- how far you can go, how far you can go and still defend it in a courtroom. That's kind of the thinking. So let me give that some thought from my perspective. Mr. De Grandy: Okay. Commissioner Diaz de la Portilla: That's the only thing I ask. Mr. De Grandy: Okay, and what we will do from now to then also, based on this Commission's direction, is we will look at loading the local elections, if necessary, looking at different software, but please understand that I will send you a bill for that. Commissioner Diaz de la Portilla: Sure. Yes, sir. Vice Chair Russell: Of course. Commissioner Diaz de la Portilla: But make it a small bill. City of Miami Page 155 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: We're going to be checking (UNINTELLIGIBLE) please. Alright, we have a motion, we have a second. Is there anyone here who would like to speak on this at public comment? Please address -- please come to the lectern. You have two minutes, let us know your name. And then right after public comment, we're going to break 'til 7:00. Please don't load up on tryptophan in Commissioner Diaz de la Portilla 's Office. We still have a night ahead of us. Not too much turkey. If they eat too much turkey, they're going to sleep. Commissioner Diaz de la Portilla: We have a great event going on. Vice Chair Russell: You're recognized. Hector Silva: Thank you. My name is Hector Silva. I am in District 2. So, a few things. With respect to the cost, I understand that you guys are going to present them a bill. As a City resident, not that I'm opposed to it, because I do fully agree with Commissioner King's comments, that the cost really shouldn't be the barrier here, and that notwithstanding, it seems to me that some idea of cost should be presented prior to the cost having been incurred, but that's just me. So just that. The other thing is, with respect to the idea of a Charter change I understand -- well I see a very clear visceral resistance which I can understand and I will say this with respect, so please don't take it in a certain way, but as a constituent what 1 hear is the notion of politicians wanting to stick to power and not seeing their power somehow being diluted. 1 understand that there can be other arguments in favor of your positions and 1 could just say, that there is a world where it is possible that the items to which you stated commitment, most specifically that minority voting blocks not be diluted, a commitment which I also hold, there is a world where it's possible to have that, and at the same time still have more seats in a commission. You know, if you're looking at Hispanic groups, for instance, that there be more seats there, or in the case of a group like District 2 that has such a high population, that that be broken up. Trust me, as a member of you know, District 2, I live in Edgewater, I sort of like the idea that we have power, right, because we have it with the high -earning committees or communities of the coast, et cetera, and it's nice to know that we're that kind of powerful voting block, but at the same time, I could see a world where it's justifiable that Edgewater and Downtown or the CBD (Central Business District) be one thing, that Brickell and perhaps the Roads be another thing, or that it be Brickell without the Roads, and it be Brickell and the CBD, and then Edgewater all the way up through like Morningside or whatever it is. I happen to like my district the way that it is, and I also believe that for the future of the city, that we need to consider other possibilities besides what you also have at the moment with the five seats, particularly given the fact that we're literally like the outlier in terms of the number of commission seats that exists for a city of this population. So, I do say that with all respect. Vice Chair Russell: Thank you for your comments. I couldn't have said it better. Mr. Silva: Okay, yes. Commissioner Carollo: If I could say this with all due respect. First of all, I think you're somewhat wrong in your first assessment that politicians want to stay and keep their power. I'm term limited, got four more years, he's term limited, I think a couple more years. So, your first thesis is somewhat incorrect. Mr. Silva: May I respond to that? Commissioner Carollo: Sure, absolutely sir. No, no, you could, please. City of Miami Page 156 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Mr. Silva: Thank you. 1 hear you and I can see in the case o f you personally and perhaps the other commissioners that are term limited and besides that, to play devil's advocate, that doesn't mean that other people -- that doesn 't mean that people in power currently aren't going to have some sort of influence over people in power subsequently, and that the idea that districts remain similar is important to them because the power can be transferred, even if informally, number one. Commissioner Carollo: Believe me, that's very difficult. Very difficult. Mr. Silva: I don't think it's that difficult given the current political situation that we're in with our president. But besides that, 1 don't mean to be disrespectful. Commissioner Carollo: Not at all, sir. Mr. Silva: And I do see that its not necessarily about you personally, and I'm not talking about you personally, or making it a personal attack. What I'm saying is that in terms of -- Commissioner Carollo: I didn't take it that way. Mr. Silva: -- the future of a city, it just seems to me that we can be more in line with systems that we know work in other cities, and there's quite a bit of dysfunction in the City of Miami, as all of you know, and I know, and we all know, and it's just one way that things could be looked at. Commissioner Carollo: There, there, there is where 1 have a major disagreement. To begin with, I could, you know, with no disrespect, like you said before, you know, turn the shoe the other way, that the reason maybe you might want more districts is because maybe you want some of that power that you claim some up here want to hold on to it by being able to have more seats that you can run for office. But when you say that we're dysfunctional and other cities. But what other cities are you comparing us to? I'm curious. Mr. Silva: Mr. Russell ran through a list of many cities, as well as the attorneys that you guys have hired to run through this program. Commissioner Carollo: You were saying the other cities. Which are those cities? Mr. Silva: Atlanta was on that list. Tampa was on the list. Commissioner Carollo: No, no. Not, you know, as far as dysfunctional. Mr. Silva: I didn't comment on the dysfunction of other cities. I commented on the dysfunction of the City of Miami. Commissioner Carollo: Right, but you're comparing it to other cities that are not, apparently, and that's why I wanted to know which cities do you think are working well, comparing to us not working well? Mr. Silva: To be frank, I grew up in Orlando and I think Orlando, from a city perspective, functions in a much more efficient way than the City of Miami. The population is different here. There's more. But yeah. Commissioner Carollo: Maybe -- Commissioner Diaz de la Portilla: That's why they're all moving to Orlando, right? Not to Miami. That's why New Yorkers -- City of Miami Page 157 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Mr. Silva: No, 1 definitely love Miami. I want to he here. Vice Chair Russell: (UNINTELLIGIBLE) long way ahead of us. Let's not debate our residents. Commissioner Diaz de la Portilla: Is that why everybody's coming here? Vice Chair Russell: Let's move on. Commissioner Diaz de la Portilla: Is that why everybody's coming here? Commissioner Carollo: Now, you answered my question, and what I've been concerned about. And that's a fairly large group of transplants, like yourself, that have moved here in the past years. That can change. Mr. Silva: 12, to be exact. Commissioner Carollo: Well, it's -- while 12 is a respectable amount of time, it's still, by many, considered to be fairly new in a city like Miami, even though it's a new city. Mr. Silva: Absolutely. 1 agree. Commissioner Carollo: So, 1 thank you for your comments, and no disrespect. Mr. Silva: I got that, and I do actually love that you guys are here and have been here for a long time as far as the City of Miami. I love this city, and I wouldn't live anywhere else if it were in the United States, and I think in that regard, we just share the same goal to make Miami a better city for the future. Commissioner Carollo: Well, I'm glad you like your city. So, see, for you to like it, it must mean that we're doing something right. Mr. Silva: Never said you didn't do anything right. But all things that are good can be improved. Thank you very much. Commissioner Carollo: That's true. Mr. Silva: Thank you. Vice Chair Russell: Thank you for your comments. Is there anyone else who'd like to speak in public comment on the item? You're very welcome. Two minutes. And let's not debate our residents. Let's get this out. Let's get this (UNINTELLIGIBLE). Luimar Zibetti Garza: My name is Luimar Zibetti Garza. I'm actually from District 12. I believe you used to be our manager in Doral, or our city manager in Doral. It's been quite a few years. Commissioner Carollo: I was city manager in Doral, but what district is that? Ms. Garza: It was District 12. Commissioner Carollo: Okay, it's a County Commission. Ms. Garza: A county, yes. Commissioner Carollo: A County Commission. We don't -- we don't reach Doral. City of Miami Page 158 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Ms. Garza: Understood. I just happen to be in the area and I'm getting back into being active within the patriot politics of Miami. Commissioner Carollo: But do you still live in Doral? Ms. Garza: I do. At the time, I'm currently homeless, but that's neither here or there. Commissioner Carollo: I'm sorry to hear. Ms. Garza: My question is this, and maybe it's the autism in me. Earlier he mentioned that we were talking about the minorities under the Voting Rights Act, but that now it seems like the Anglos are the minority. Am 1 missing something in this entire -- and 1 know it can go layers and layers. Vice Chair Russell: They're not a protected minority. Ms. Garza: Am I missing the detail in that, that the Anglos are now deemed a factual minority? Mr. De Grandy: May I respond? Vice Chair Russell: Mr. De Grandy would be the perfect person to respond. Mr. De Grandy: Yes, what I stated was from a factual perspective, the Voting Rights Act protects language and racial minorities, and therefore -- and the terminology is protected class. And so White Anglo is not a protected class under the Voting Rights Act. That does not mean that under the 14th Amendment, they may not have rights, but under the specific statute, the Voting Rights Act, they are not a protected class. Ms. Garza: So, we are still in the division of White versus Black in all of -- in that category, where Anglos are now de facto minorities, but if we want to change anything, we would have to go through the process of modifying it at a higher level. Mr. De Grandy: That is correct. All I'm saying is what the law is, not what the law should be. Ms. Garza: Correct. Thank you very much. Appreciate it. Vice Chair Russell: Thank you for your comments. Alright. Is there anyone else here who would like to speak in public comment? Seeing none, I'll close public comment. Any further discussion on the dais? All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. We'll break for 15 minutes' and come back and handle the Magnolia issue next. END OF DISCUSSION ITEM City of Miami Page 159 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 BC.1 8938 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AFFORDABLE HOMEOWNERSHIP LOAN PROGRAM TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Manolo Reyes City of Miami Page 160 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 BC.2 8152 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes City of Miami Page 161 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 BC.3 6672 Office of the City Clerk BC.4 8803 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Joseph John Rinaldi ENACTMENT NUMBER: R-21-0466 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Reyes, King ABSENT: Diaz de la Portilla, Carollo NOMINATED BY: Civilian Investigative Panel Vice Chair Russell: We might as well get the boards and committees out of the way really quickly. How marry, do you have? Nicole Ewan (Assistant City Clerk): Good evening, Chair and Commissioners. On BC.4, Civilian Investigative Panel, Commissioner Reyes would like to confirm the appointment ofloseph John Rinaldi to represent District 4. Vice Chair Russell: Thank you. Is there a motion? City of Miami Page 162 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 BC.5 9304 Office of the City Clerk Commissioner Reyes: Move it. Vice Chair Russell: Moved by Commissioner Reyes, seconded by the Chair. All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CLIMATE RESILIENCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Robert Hevia City Manager Arthur Noriega, V ENACTMENT NUMBER: R-21-0467 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Reyes, King ABSENT: Diaz de la Portilla, Carollo Nicole Ewan (Assistant City Clerk): BC.5, Climate Resilience Committee. City Manager Noriega would like to reappoint Robert Hevia. Vice Chair Russell: Moved by Commissioner Reyes, seconded by the Chair. All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. City of Miami Page 163 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 BC.6 6958 Office of the City Clerk BC.7 10778 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commission -At -Large City of Miami Page 164 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 BC.8 8804 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN AND QUALITY OF LIFE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commission -At -Large Commission -At -Large City of Miami Page 165 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 BC.9 8534 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes City of Miami Page 166 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 BC.10 5976 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes IAFF FOP AFSCME 1907 AFSCME 871 City of Miami Page 167 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 BC.11 8154 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Erica Paschal City Manager Arthur Noriega, V ENACTMENT NUMBER: R-21-0468 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Reyes, King ABSENT: Diaz de la Portilla, Carollo Nicole Ewan (Assistant City Clerk): And BC.11, Finance Committee, City Manager Noriega would like to reappoint Erica Paschal. Vice Chair Russell: Moved by Commissioner Reyes, seconded by the Chair. All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. Ms. Ewan: Thank you, Chair. That's all I have. Thank you. Vice Chair Russell: Thank you very much. City of Miami Page 168 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 BC.12 7963 Office of the City Clerk BC.13 8267 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER ("LGBTQ") ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commission -At -Large City of Miami Page 169 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 BC.14 8269 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY INDIVIDUALS AS MEMBERS OF THE COMPETITIVENESS FOR TERMS AS APPOINTEES: COMMISSION APPOINTING CERTAIN MAYOR'S COUNCIL ON GLOBAL DESIGNATED HEREIN. RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Manolo Reyes Commission -At -Large Commission -At -Large City of Miami Page 170 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 BC.15 8805 Office of the City Clerk BC.16 7261 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI RIVER COMMISSION FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: RESULT: NO ACTION TAKEN Commission -At -Large City of Miami Page 171 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 BC.17 9270 Office of the City Clerk BC.18 9557 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI TECHNOLOGY COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Ken Russell Commissioner Manolo Reyes Commission -At -Large RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Manolo Reyes City of Miami Page 172 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 BC.19 3693 Office of the City Clerk BC.20 5453 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes City of Miami Page 173 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 BC.21 9549 Office of the City Clerk BC.22 8943 Office of the City Clerk RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Ken Russell RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes City of Miami Page 174 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE 6531 MAY BE DEFERRED Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Planning 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 "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 444 AND 460 SOUTHWEST 2 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. PZ.2 6532 MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, King Note for the Record: For minutes referencing Item Number PZ.1, please see "Order of the Day." ORDINANCE MAY BE DEFERRED Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CHANGE THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 444 AND 460 SOUTHWEST 2 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM "CI", CIVIC INSTITUTION TRANSECT ZONE, TO "T6-36B-O", URBAN CORE TRANSECT ZONE — OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, King Note for the Record: For minutes referencing Item Number PZ.2, please see "Order of the Day." City of Miami Page 175 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 PZ.3 ORDINANCE First Reading 4541 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 1.38± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 428, 430, 448, AND 454 NORTHEAST 38 STREET AND 433, 441, AND 457 NORTHEAST 37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Deny RESULT: DENIAL PASSED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, King NAYS: Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number PZ.3, please see "Public Comments for allltem(s)." Vice Chair Russell: Let's move into PZ (Planning and Zoning) agenda. We're going to take up PZ.3 and 4, the application for Magnolia. George Wysong (Assistant City Attorney): You want me to read the title? Vice Chair Russell: (UNINTELLIGIBLE). Mr. Wysong: Read the title? Vice Chair Russell: Mr. Wysong, you have to enter those. Mr. Wysong: PZ.3. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong.: PZ.4. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: Mr. Chair? Vice Chair Russell: Yes, Commissioner Reyes. Commissioner Reyes: Before we start this, I need a Jenning's disclosure. Vice Chair Russell: Yes. Commissioner Reyes: I, or my staff have met with either the applicants, developers, representatives, residents regarding this project, PZ.4 and PZ.3. Okay. City of Miami Page 176 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: Ditto. Commissioner Reyes: Okay. Ditto. Vice Chair Russell: And it has not affected my judgment or biased my opinion in any way. Commissioner Reyes: And it has not affected my judgment at all. Vice Chair Russell: Does the Planning Department have some documents they'd like to distribute? Cesar Garcia -Pons (Director, Planning): Yes, sir. Commissioner Diaz de la Portilla: Ditto too, here. Mr. Garcia -Pons: We distributed two pieces of information to be included as part of the record, via email. I'm going to enter it into the record hard copy now to the Clerk. Vice Chair Russell: Thank you very much. I believe first we need to dispense with the issue of intervener status fbr anyone who would like to intervene on this issue. Is that correct? Mr. Bash, you can approach this lectern here. Thank you for your patience. I know you've been here all day. Let me just turn on your microphone, Mr. Recio, sorry. Go ahead and introduce yourself please. Commissioner Diaz de la Portilla: No, it's not on. Vice Chair Russell: It should be on. It's definitely, lit on my end. Commissioner Diaz de la Portilla: Todd, microphone's not working. Commissioner Reyes: I don't think it's working. Tony Recio: Is there a handheld mic? Maybe this -- oh, it's working now. Okay, so good evening. For the record, Tony Recio, Law Office 2525 Ponce de Leon Boulevard, in Coral Gables. I am just offering, as an accommodation, to kind of short circuit this intervener issue. I have already made an arrangement with Mr. Kasdan. I am not going to object to him putting some remarks on the record. After I -- after we give our presentation, I would do the same for Mr. Bash, but not as an intervener. If he insists on going forward as an intervener, we have to object, and I'll -- I'll state those reasons on the record when he's done. Vice Chair Russell: Got it. So, the idea would be that you would make your presentation and then afterward Mr. Bash could respond to that presentation? Mr. Recio: That's correct. Vice Chair Russell: And you don't have any care about the limitation on time for his response? Mr. Recio: I think we had discussed 10 minutes, so just in the interest of time, you know, 10 minutes would be the -- the idea. Vice Chair Russell: Got it. Mr. Bash, do you understand the difference between that and having intervener status? City of Miami Page 177 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Geoffrey Bash: 1 want to make sure that there's no difference when this goes to court, should the ruling go in our favor. Vice Chair Russell: There is a difference. Mr. Bash: So, I don't understand the point of why he would not want to rebut. I, as you know, we've been meeting with you for many, many years over this with deferral after deferral. We're so happy to be here tonight. So, I would like to point some very direct questions that, that -- Vice Chair Russell: Before we get into that part though, I think really, l just want to establish whether or not you would like to get full intervener status or if you're interested in entertaining the offer. The risk, of course, is that if you're not given intervener status by this body, then you will be limited to your two -minute comment that you made earlier today. And that's it. You will have no further interaction. Ifyou take their offer and speak afterward, after their presentation, you get to respond to what you hear from them, but you don't get to cross-examine them, right? They don't have to respond back to you, and you don't get to cross-examine each witness, for example. And then ves, of course, if it does go to a higher court, the fact of whether or not you had intervener status here would certainly play a role. So, the choice is yours. It's a bit of a risk one way or the other, you know. If you take their offer, certainly you have guaranteed 10 minutes to talk, but you don't have the legal status and standing that you may want. And if you do, you're taking the risk of not getting the intervener status. Mr. Bash: I wish not to take risk. Vice Chair Russell: You wish? Mr. Bash: Not to take risk; therefore, I will accept Mr. Recio's offer. Vice Chair Russell: Got it. So, you'll be presenting, but -- and throughout, the Commission may ask you questions, and when you're finished, you'll be able to respond for a 10-minute period. Is that fine? Mr. Bash: Yes, sir. Vice Chair Russell: Alright. Mr. Bash: And iif I may, before Igo, I guess I'm the Lone Ranger left here. Three people have asked me to present their letters on the record. One is the president of One Bay Condominiums on -- town homes on Northeast 39th Street and oppose, asking that you deny this application. Vice Chair Russell: Representing the building or as an individual? Mr. Bash: I'm sorry? Vice Chair Russell: They put in the letter representing the whole building or as an individual? Mr. Bash: The entire building. They made a resolution of the board, and the president is having flight difficulties from Las Vegas. Vice Chair Russell: And who else are you putting into the record? Mr. Bash: I'm sorry? City of Miami Page 178 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: Who else do you have to put in? Mr. Bash: So, also opposing this upzoning directly abutting the property, the Point Bay North. (COMMENTS MADE OFF THE RECORD) Todd B. Hannon (City Clerk): Sorry, if we can get these comments on the record. Vice Chair Russell: Yes, just -- then just a minute, I'll let you present for yourself in a moment. Mr. Bash: The other one is a personal -- is a landowner in the One Bay Town Horne condominiums asking that you deny this application. Vice Chair Russell: Got it. Thank you very much. And thank you, Mr. Bash. You saved us probably an hour. Mr. Bash: I'm sorry? Vice Chair Russell: You saved us probably an hour of intervener discussion -- Mr. Bash: Oh, thank you. Vice Chair Russell: -- which we all appreciate. But it's -- it's -- it's your right, so thank you. Would you like to address the Commission? Ana Cristina de Sa: Well, as Mr. Bash just said, I'm Ana Cristina de Sa, and I'm the president of the board of the Point Bay North Condominium, and my, -- our property, our building, is actually directly, next to the -- where the sites are. So, I do feel and I think that we are one of the most affected people in the community, and in the city, where it takes place into that development, whichever direction that you like to go, say yes or no to them. Do I read my letter now or? Vice Chair Russell: Are you seeking full intervener status? Ms. de Sa: Oh, that's right. Vice Chair Russell: Are you -- and you're familiar with that -- with what that entails? Ms. de Sa: Yes, I'm familiar with that. I send an email requesting it, and that would be also given to me to the fact that I'm one of the most -- actually, I am the most community affected by this development, that I will have the same answer you gave to Mr. Bash as what do I hear from Anthony? Vice Chair Russell.• Can you tell me your full name again please? Ms. de Sa: Ana Cristina de Sa. Vice Chair Russell: de Sa. Ms. de Sa: Yes. Vice Chair Russell: Thank you. And, Mr. Recio, do you all oppose this request jbr intervener status? City of Miami Page 179 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Mr. Recio: The last statement that Ms'. de Sa, that you just made, ifI may, through the Chair, was that you want -- you want the same accommodation that I provided for Mr. Bash? Ms. de Sa: No, no. I didn't know ifI have to apply now, or if should wait for you to say something. Vice Chair Russell: Yes, he hasn't offered you what he's offered Mr. Bash yet. Ms. De Sa: Exactly. Mr. Recio: 1 want to be clear. I am offering the same thing to her as well. Vice Chair Russell: Okay. Mr. Recio: Yes. Ms. de Sa: Okay. Vice Chair Russell: But for lack of that, would you be opposing her intervener status? Mr. Recio: 1 would like to hear more about her interests. I know that she's abutting, but this Commission has denied the status of abutting property owner at some times. Just a brief statement, maybe, just in the interest of moving the proceeding forward. Vice Chair Russell: So, he is offering exactly what Mr. Bash has taken, and I believe what Mr. Kasdan has taken the same thing as, well is my understanding, and so that gives you the opportunity to speak at length after their presentation but not to interact as an official intervener. Your choice. Ms. de Sa: Well) would like to ask you as my commissioner because our property shares the private alley that these -- that his construction were going to be using for the vendors, so that's going to increase traffic right behind our building in a private alley, where childrens [sic] are playing right now so and not just the volume of cars passing by, but not on the traffic not on the streets, I'm talking about this private alley behind -- very tiny alley behind our building where what I've seen briefly of the planning is to have like the trash and vendors, everything delivered into that. And also I would like to learn more, that's one of the reasons I'm here, to hear the presentation, because it seems that's going to be some levels of parking lots which is going to create a mission of more cars going in and out right behind, like what, from here to there to our windows, you know? And what kind of clubs, what is going to be there this is one of my concerns. And so, you as my commissioner why you -- can you advise me or can you suggest? Vice Chair Russell: I cannot give you -- I cannot give you legal advice. Ms. de Sa: Not like -- Vice Chair Russell: Obviously, as an abutting resident, you have a higher potential standard of acceptance as an intervener than someone who's blocks away, but just as Mr. Bash, if you do not -- if you are not granted intervener status you will not have 10 minutes to interact afterwards. Ms. De Sa: Yeah, to go -- City of Miami Page 180 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: But 1 guess 1 can't fully -- it sounds like you're not fully decided yet about this project and that you'd like to learn more. You're not here in direct opposition, is that correct? Ms. de Sa: I'm not in directly opposition because I feel, and my board as well, that we do not have enough information to be for or opposing. And I do have the letter and you said I could have -- I can read it briefly. Vice Chair Russell: Yes, please, please do. I think that'll help Mr. Recio decide whether he's in opposition to your intervener request. Ms. de Sa: Yeah, exactly. So -- and because of the lack -- it's a very -- remember, it's a very tiny area over there. So -- and then we're coming from the point to it, because of the lack of uniformity, especially with the future land use, (UNINTELLIGIBLE) ensure if only some of the properties are upzoned, that will create like a very disadvantage for the people that are not granted upzoning as well. So that's why I'm just restating what I said here about two months ago. And we will only support this upzoning if the remaining properties along the Northeast 37th and 38th Street enclave are equally included. We're trying to avoid sports zoning and we're reaching out to the City, and I sent these, and I would like to put on the record to request a sponsorship from the Commissioners to actually come and work with us, all of us in unity, to make this community accessible, lifestyle, and harmonizing it. Because it's very important for our city, for ourselves, but also for our city, that that's very tiny area flows, flows to the business on the design district, flows in a way that 1 can still go and walk my dog and not trying to like get run by the car, speeding up coming out from the I-95. And also, 1 don't want to see so many cars, bump to bump, in front of my building, beeping their horn. So, it's a lot of things to take into consideration. And we just live there. And I would like to learn more to make a wise decision to oppose or not oppose to. Vice Chair Russell: This is interesting. So, to cut to the chase though, iif your condition of support is on going together as a joint application, there's no forum for that tonight, because for the City we could not amend -- their application has gone through a process through -- Ms. De Sa: Right. Vice Chair Russell: -- independent application from their side, not the City, through the steps to get to here, we couldn't simply, amend by increasing the footprint. Ms. de Sa: Understandable. Vice Chair Russell: Or the City couldn't make an application. So, what you would be requesting, if I -- I don't want to put words in your mouth -- Ms. de Sa: Yes. Vice Chair Russell: -- is a denial and a petition to the City to look at a larger planning for the area. Ms. de Sa: And how about if request more time and make my decision -- Vice Chair Russell: Fair enough as well, yeah. Ms. de Sa: -- and my vote for like a week? How long can I request? City of Miami Page 181 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: You know, 1 mean, they've been deferred for -- for years now. So, the appetite for the community to bring this to a decision point is here. Ms. de Sa: Yes. Vice Chair Russell: But of course, these issues evolve. Let's say they are approved or denied today. Your group can come together and still petition the Planning Department to say, alright, here is one that has either happened or not happened, we'd like you to assess the whole community. Ms. de Sa: Okay. Vice Chair Russell: You know and that and that can evolve. Ms. de Sa: Is that a possibility? Vice Chair Russell: Of course, of course. And the City Planning Department, that's one of their jobs is to actually analyze our existing neighborhoods. Ms. de Sa: Yes. Vice Chair Russell: For how they could or should evolve if they should. Ms. de Sa: Yes. Vice Chair Russell: And for example, if this is granted today it will definitely change your neighborhood, right? Ms. de Sa: Absolutely. Vice Chair Russell: So, you're going to say, alright, is -- are we harmonized? Exactly your wording. So, you can always petition the City for that. Ms. de Sa: Yeah, I work harmonizing spaces. That's what my company does. So, for me, it's very disrupting if it's not like within, you know, with certain flow, basically. And I know I talk about energy and everything, but it's true. We are all interconnected, like the traffic, the children that plays. We live there, and the community, we go to the park. You know, everything is part of our mindset. When we come from work, we go to our homes to rest and to recharge, right? I live there. That's where we live. It's a big difference. So, it makes really, really important. And it's a bigger decision just saying yes or no over here. If I don't have enough information to see the bigger picture, how that's going to impact my whole community and I love to get together if that is an option with the city planner and then come with a yes or no answer, better informed, so that's what I mean. Vice Chair Russell.• Mr. Recio? Mr. Recio: Yes so, we have had some constructive dialogue with Ms. de Sa and her -- and the condominium association, which she's president of We would be very happy to continue talking between, if -- if we get approval on first reading, to continue talking between first and second reading. We would be happy to engage in those discussions and engage with the Planning Department as well, regarding an overall, you know, a thorough analysis of the area. We would support that. Ms. de Sa: Yes, so this is what we should be about, right? We are a city. We are together here. We all share in this environment. And we want to better for our families and neighbors and community. City of Miami Page 182 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: It sounds like you're encouraging her not to intervene, but you have not said yet that you oppose it. Mr. Recio: I -- look, I don't want to make a protracted discussion. If she wants to reserve her rights to intervene. She has not, I guess, stated that she is going to intervene 100 percent. Ms. de Sa: I don't think I -- I don 't think I need intervener status tonight because I don't have a set position. And I'm not going to be here wasting like, you know, anybody's time. But l do want to, right now, make an invitation and a request to meet with the city planners and whoever, and you to -- should I meet with, and Mr. Tony and his group and let's move on. And I can have 10 minutes, I guess, right? Vice Chair Russell: Yes. That is the offer. Ms. de Sa: After his presentation. Vice Chair Russell: Yes. So, alright. So then, what we'll do, thank you for that. Ms. de Sa: Thank you. Vice Chair Russell: You'll have 10 minutes to speak after the presentation, as will Mr. Bash, as will Mr. Kasdan. is that sufficient, Mr. Recio? Mr. Recio: That works. Vice Chair Russell: Anyone else here who is seeking intervener status on this topic? None. Is there anyone that we missed at public comment? I just want to make sure we got everyone taken care of. Alright. Mr. Recio: Great. Vice Chair Russell: We're ready for your presentation. Mr. Recio: Thank you, Mr. Chair. And at the outset, I want to apologize. It is a thorough presentation. I'm going to ask for your indulgence in just getting through it. We're going to move it as fast as we can. But there's some things we got to get on the record just to be clear about it. I'm here on behalf of Magnolia Holdings, 38th Street, LLC I'm joined by my co -counsel, Alex Uribe, Mr. Ron Bloomberg, one of the project principals, Mr. Ned Siegel, an interested party in the proceedings, Mr. Juan Mullerat, our planner, and Mr. Joaquin Vargas, our traffic engineer. As an initial matter, we have a -- we have a number of support letters, which some of you may have seen. We'd like to submit those for the record, and Mr. Uribe will also be submitting a copy of the presentation that you will see before you just so that it's in the record. So why are we here? We're here on an application to amend the comprehensive plan designation for medium density residential to restricted commercial. We're also here to go from rezoning T5-R, which is the current zoning, to T6-80. This is first reading; only first reading. There is still another hearing after this on second reading, so we will have to go through some of this again. This was -- this went before the Planning and Zoning Appeals Board already, a little while ago. It was voted 5-4, in favor of the application, however, because of the City's rules, it requires a super majority to have a positive -- an official positive recommendation, but it was voted by five of the members of the PZAB (Planning, Zoning and Appeals Board) in favor of this application. The application itself affects the entire city. Northeast 38th Street, it is in your district, Mr. Chair, but it is the first contact that visitors have coming in from Miami Beach, and along those lines, it's -- it's -- it's an important application. It's an City of Miami Page 183 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 important point of contact. So, this application is not your typical application. We -- we are giving something back as part of this. There is a road dedication that's involved. We have put that in a covenant. That road dedication is intended to pave the way, so to speak, to -- for expansion of the right-of-way. We've committed to that road dedication by covenant. We've spoken with FDOT (Federal Department of Transportation). We are -- they are actively reviewing it. We actually have a confirmation from them that Mr. Uribe will put into the record, which we think is very important because they're -- they are taking notice of this and what it could meann for this area. We are prepared also, based on our conversations with residents and with FDOT and understanding where we are in this process, that this property, we will covenant that this property will only be developed with T5, with what we have today. If these road dedications --1'm sorry, if the road improvements by FDOT do not go forward, if they do not commit to the road expansion. So, at the end of the day, the city risks nothing because we're in the same place that we are right now. If -- if 'FDOT does not expand the right -of way. But this is a nice opportunity to have -- to actually expand that right-of:way. So at the end of the day, it is a no -lose proposition for the City. The property itself is located on the south side of 38th Street and the off -ramp for I-195. 38th street is the off ramp for I-195. So I'm going to refer to it as 38th Street, but just keep in mind that is how people get off of the highway. It's nestled into a pocket surrounded by three state roads, this property. And -- Vice Chair Russell: Mr. Recio, just for the record, because 1 don't know if your map is up on those who are watching at home, but I believe all the avenues are mislabeled -- all the streets are mislabeled as avenues on your map. So when you're mentioning 38th Street. Mr. Recio: You're absolutely right. You're absolutely right. That -- that -- you're correct. It should be 38th Street. You are correct. And the later slides will correct that. Okay. Yeah. Thank you for noticing that. So, it is 38th Street. And 38th Street is a State road. The on -ramp to 1-195 is a State road. 1-195 is clearly a State road, an elevated highway. So that's -- that's three State roads immediately abutting the property. And then just about 100 feet away, you've got another State road, Biscayne Boulevard. So, it is a very unique situation, to say the least. At this point, we have a planning analysis that we'd like to have Mr. Mullerat walk you through. I'm proffering him as an expert. He's a world-renowned planner, based here in Miami. He's got years of experience in urban settings, got a particular expertise in transit, transit - oriented development, so we think he's perfectly suited to -- to give this presentation. And he's -- when he's backing something, it -- it -- it has, you know, some emphasis to it, so I'd like him to walk you through the planning aspect of this. Thank you. Juan Mullerat: Good evening, Commissioners. Juan Mullerat, Plusurbia Design, 1385 Coral Way. So, as you know, from your packets, this site is in a very unique location. It's bound by, as Tony mentioned, three State roads. It already has significant development, both established and planned around it. Sites to the south can build up to 60 stories at T6-36 and 36 stories to the west in the Design District. Immediately abutting this site, we have 20 stories on Biscayne. I would like to go through why you should -- you should see the merits of this application to correct the conditions of zoning that limit development and have been segregated, zoned with accidental parameters based on infrastructure and poor planning. A little bit litrther back, I would like to take you to how we got to this -- this point. These conditions come back to the earlier plats of the area, from 1914. And here you can see contiguous tree -lined streets, residential, east of the FEC (Florida East Coast), which was built in 1896. You see it here in the dashed white line. And here's where it begins to be segregated. Next, Biscayne was built in 1927, which further, through eminent domain, and further encroached on this community, severing the neighborhood in two. And then finally in the `60s, the last taking occurred, which was the 195. The highway basically destroyed the three lined streets, which was formerly 37th Street, City of Miami Page 184 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 which this property fronted. So, it basically changed the nature of -- of this -- of this area completely. And you can also see in the picture that all that area was single- family housing. So, if all was the same, this infrastructure started changing the way that the zoning began to evolve. And it is no surprise that the 195 also severed this area on 37th. This is a redlining map from 1937, which shows how this new connection to the beaches, and also now to the airport was the path of least resistance to connect, given that the federally sponsored segregation policies of the time were cutting through what they called poor or definitely declining neighborhoods. Now, fast forward into today, you see how the zoning is based on that infrastructure. This imposed infrastructure taking the existing land and changing the conditions of the zoning today. It is zoning based on cars -- zoning based on car -oriented development. Through widenings, redlining, and other interventions that changed what laid to the south to T6-24 and 36, again 60 stories, and to the west with T6-12 up to 24. Not only these properties have seen these tree -lined residential streets turn to highways, but this specific property now has a 10 foot wall, which is the 195 to the south, and also another wall to the west, which is the on -ramp to the highway. Now, we all agree that traffic congestion is probably the worst that we've ever seen. There's no denial of that. And to mitigate these effects, the County and the City is implementing policies to reduce this congestion through the smart plan corridors and also, again, the City with their TODs (Transit Oriented Development) and transit corridors. Miami -Dade County's Comprehensive Plan calls out for population and employment growth, and I quote, `Along them and specifically at their nodes to capture ridership and reduce traffic congestion. "Development, again, density and intensity around these corridors will reduce traffic congestion given that people will potentially use the transit. Goal LU7, and 1 quote, "Urban centers to be planned and designed to promote TOD_ "In essence, unless we increase those densities, we will continue to be dependent on cars, worsening the traffic gridlock. So just very briefly on the smart plan, I'm sure that you're all very familiar with it, but two smart plan corridors intersect in this area. It's one of the very few places where two of them intersect. The beach, which is the one that I'm showing you here today, has the potential to revitalize not just Downtown, Midtown, and north of where this application is, but also, and I'm pointing out right there on the yellow up above, that's where our application is. The goal of the smart plan basically is to turn drivers into riders. And this, again, is what this application is driving towards. To promote urban places, and this is from the comprehensive plan, where mass transit is highly accessible. Now, the City also, in their Zoning Code, identifies this as a future transportation node. As directed by the Code's principles, we must quote, "Focus growth in pedestrian -oriented mixed -use manner, in a manner that supports transit and encourages its use. " rather than prolonging car use and worsening that gridlock that I've mentioned. In fact, in your comprehensive plan, policy TR-115 says, "The city will encourage new development to be structured and reinforced a pattern of neighborhoods and urban centers by focusing growth along transit corridors and around transit nodes and centers." You're probably familiar with this map as well. It came to you a few months ago. This was presented to you as part of the Design District application, and it shows also a future rail stop. We have added the pedestrian shed, which wasn't there, at the presentation, but which is very important because it establishes how far a pedestrian will walk to. Our application, this site, is in blue, and it also misses three potential -- three existing corridors which exist today. This is, as your comprehensive plan says, and the Code says, where we should promote ridership by increasing the number of people that have access to it. Now, aside from historical and enviable transit service, sound planning and our Code call for good building transitions. And your staff has also pointed that out in their -- in their report. This application is, we believe, in context with those surroundings. We believe that this application begins to heal that urban fabric. You'll see on the left, we have -- we have the -- to the left of our site, which is in blue, you have the 195, and beyond that, we have T6-24 and T6-36, with a gentle curve moving towards the neighborhood. And then, cutting a section the other way, you'll see the Design District on the left, and then the T6-12, which is fronting Biscayne, with our site right behind City of Miami Page 185 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 it, in blue. 1f we want to remain resilient in the face of urban growth and the nobility challenges that we face, we must develop these sites in a way that is, yes, contextual to what exists there today, but also responsibly next to transit. And to conclude, I'd like to go over a couple of the reasons why we feel this application is consistent with Miami 21 by going through the criteria that you have in your packets from your staff. This will set, we believe this project will set a good precedent for the future growth of our city by considering holistic perspective to the criteria, not just what lies around it. The most important in this case is our responsibility to grow in a smart and resilient way, taking into consideration the location, which has well served -- which is well served by transit with -- with three transit corridors on Northeast 2nd Avenue, Biscayne Boulevard, and 36th. But also, the connection to the beach and to the airport with 110 or the J-line, which is a county bus that connects and has a stop in front of our site. There is no low-rise existing -- there's no low-rise zoning established anywhere near this area. In fact, the closest low-rise that we have is Bay Point, which is a T3, which is more than 600 feet away. I'm talking about zoning now. Everything north of us is T4, which could be developed up to three stories at any given point. Criteria four also states that the proposed change of zoning constitutes an increase in density and intensity in a well -established TS transit zone. There are no TS buildings in this area. Further, staffs comprehensive plan analysis criteria four finds that the levels of services, the service are met. We believe that this application not only meets these levels of service, but also is consistent with the Miami -- Miami 21 's intent and principles to encourage infill and support growth along the corridors. To encourage this infill, and I quote from policy from the comprehensive plans, Policy 114, "The City will encourage infill and redevelopment in order to take advantage of multinodal transportation options available, which exist here today. " It is not about the future transit, the future rail stop, it is about the three corridors that we have there today. Criteria five of your rezoning on the staff package finds that there are no limitations to develop this site under the current zoning. As I have shown you, the area has been unable to respond to the current infrastructure conditions that we have today with taller buildings such as the ones that are allowed to the south and to the west. And it has no potential of creating a proper TOD given that there's no potential mix used to be built in a T3 -- in a TS-R. In fact, since the Miami 21 -- again, no TS buildings have been built in the area. 90 percent of the area around the potential transit station is already -- 90 percent of it is already commercial. It is only 10 percent of that area that is limited to residential. T6-8 will result in a development which would provide a parking podiun, elevating habitable uses above the traffic on 195, something that is not possible right now on T5. On the comprehensive plan criteria one, staff states that strategies to further protect existing neighborhoods through the redevelopment have to provide a proper transition standards. The site is undoubtedly at the edge of this neighborhood, and as an edge, it needs to respond not just to the neighborhood, but to what makes it an edge. And for that, we need that additional height to be able to respond to the 195, 10 foot wall. Further, contrary to the analysis of the -- of the -- the department proffered, criteria one, a variety of land uses, density and intensity will increase the use of the park. Staff said that it was a residential park. And yet, Policy PR114 of your comprehensive plan calls for 72 percent -- to increase the access to parks to 72 percent of our population, something that is not there yet, but the additional density and intensity would allow for better use of those parks. Criteria two brings up LU169, intended to mitigate potential adverse impacts of new development in the neighborhood. And again, as stated, this application is an (UNINTELLIGIBLE) condition. This LUPolicy in your comprehensive plan should be also looked together with TR276, which states that the City will encourage the concentration and intensification of development around centers of activity. And LU7, which is Miami -Dade County's Comprehensive Plan to which the City -- the City's Comprehensive Plan says that they will work together with -- Miami -Dade County says that it shall require all new development and redevelopment in existing and planned transit corridors and urban areas to be planned and designed to promote -- to promote transit -oriented development with mixed uses, residential, retail, and City of Miami Page 186 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 office. And finally, criteria three, and this is the last slide, I promise you, it calls into question the effects of this application on traffic. Our traffic engineer will go into more detail on this, but -- butI would like to just make mention that the analysis doesn't take full consideration of the transit that is provided within walking distance. The question then remains, and it's a matter of really a policy choice, people are moving to Miami. We can choose to allocate our resources in our -- in our transit - rich areas such as this, where driving is a choice, or we can continue to promote living at the city's edge where driving is a requirement, where transit is not an option, further increasing gridlock and creating more drivers. This City and the County have put in place policies and objectives to promote exactly this type of development, and we find that this application is consistent with the goals and objectives and the vision that the City is providing. Thank you. Mr. Recio: Thank you Mr. Mullerat, and a quick housekeeping item. Mr. Uribe will be submitting Mr. Mullerat 's resume just as part of the record. So, Mr. Mullerat walked you through why this is sound planning from a long-term perspective, from a planned perspective. There's also the immediate term and obviously that's of concern to residents like Ms. de Sa and Mr. Bash and we have been working with FDOT for a good amount of time in -- in trying to address this situation. We've given this a lot of study because we know tragic congestion is an issue and that's an immediate issue. So how can we solve that especially if we want to develop here. So again, we have -- we are going to covenant, if we can proceed to second reading, we will have -- we will bring you back a covenant that says we will remain at T5 until such time as FDOT moves -- commits to moving forward with a project to expand the roadway, to make improvements. Now, we have a proposal that we have discussed with FDOT that's being reviewed, and 1 want to show you guys where it sits, but first I want to explain to you why it's problematic. So, the first issue here is at number one, okay? And really this comes down to an insufficient number of lanes. That's -- that's the main issue. What happens is cars get stuck at this light and there's an insufficient amount of stacking. So, all you can stack is about 15 cars in proximity to the light with 3 lanes. It narrows down to two ,and then all of that gets backed up. So, when you're coming off of I-195 and starting to get onto 38th Street, what you see is a row of cars. So, what does a driver do? Well, if they want to go northbound, they take a turn at number five, or they take a turn at number four, okay? If they can get closer to the light, okay. Number five cuts through the neighborhood to the north. Number four cuts through the alleyway to get to the neighborhood to the north because they want to make a right turn onto Biscayne Boulevard. So, they're cutting through a neighborhood. We can understand why Mr. Bash is bothered by this. We -- we -- we think -- we think that that's not a good situation. That's a situation that needs to be addressed. We want -- Mr. Bash: (INAUDIBLE). Mr. Recio: So we want -- Vice Chair Russell: Mr. Bash, not right now. Mr. Recio: Both. Vice Chair Russell: Mr. Recio, don't engage. Mr. Recio: Sorry I won't, you're right. I apologize, Mr. Chair. You're right. Vice Chair Russell: And Mr. Bash will have his time. Thank you. Mr. Recio: You're right. Right. So, if they want to go southbound, there's an interesting trick that some drivers pull. When they see the backed up traffic, what they'll do is they'll turn on number six, okay, make that left, and whip around the City of Miami Page 187 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 block to the south, okay, impacting neighbors to the south, and then come out at number three. Now, what do they do at number three? Well, they still got to go westbound, so they try to make a left across a double yellow line. A very dangerous situation, an illegal situation, but drivers are doing it and they're doing it to try to cut beyond, to basically to cut in line, okay? That same double yellow line is a problem at number two, which number two is the on -ramp fort--195. Drivers are accessing that narrow -- through a narrow road that goes eastbound. And what some drivers do when they're going westbound, at least maybe coming from the neighborhood, they'll make a U-turn to get onto that -- onto the highway. Again, a very dangerous situation. Complicating all of this is all those number sevens are driveways. Every single one of those are driveway interactions with the -- with the 1-195 off -ramp. Yes, oh, there we go, thank you. No, leave it there. There's also on -street parking, just to complicate things further. So that's -- that's the situation that we have in front of us. Now, what can we do? Well, surprise, surprise, the answer is -- the answer to not enough lanes is more lanes, more space. How do we move traffic through here? But it's a combination of things, it is a combination of additional -- an additional lane, extending those lanes, redirecting certain parts of the traffic, specifically to the south of 38th Street, going the other way and then closing off some of those entrances. And I'll walk you through those very briefly. At number one, that's -- what we had before were those 3 lanes with 15 cars of stacking. We extend that by adding an additional lane in the median. What we can do is extend that -- that -- those lanes much further back, okay? It ends up becoming almost a quarter mile of stacking. It accommodates 50 cars. That's 50 additional cars that -- that are on there at the moment. Now, so what does a car do? When they're coming off of the highway, all of those lanes are accommodating traffic, traffic that can go southbound with a dedicated lane, that can go --1'm sorry, southbound with two dedicated lanes, northbound with a dedicated lane, and a through. Why is that through important? Well, that through is important because right now, the Design District has a property on the other side of the street, which you guys saw a few months ago, which is right here in this area. That property was just approved for a 36-story development. Just to the north of 38th Street, it was just approved for a 20-story development. Traffic will be coming to this area, whether something like this is done or not. We think something should be done. So, with those extra lanes, what we have is additional stacking, additional accommodation of cars. When a car is coming off of the highway, all the way over by number five, what we're proposing is to close that off to a right turn. Not to close off the entire neighborhood, but to close that off to a right turn to prohibit cut -through traffic. They have a dedicated right turn lane. There will be sufficient stacking to get through that light. Cars that get further, we would like to -- we would like to stop traffic access from number four as well. That's -- that's, again, to inhibit cut -through traffic through the - - through the neighborhood to the north. We think that that's a better situation for the neighbors to the north. Again, same thing on the south. We would block that access at number six. Now, what would a car do? If they want to get into the neighborhood to the south, what we've created, through that median, is a dedicated frontage road. And that frontage road would circulate in a counterclockwise motion in order to access the properties. What that does is take driveways off of the 1-195 off -ramp, off of 38th Street. It also slows traffic down, provides for deceleration, and it protects that neighborhood to the south, all of the other neighbors that are there as well. That median also has an added bonus in that at number two, you no longer have this problem where people are making a U-turn onto -- onto 1-195 on -ramp. So, this is a solution. Now, how can we do this solution? Well, we accommodate this solution with the part that we can, and this is a long-term vision here. What we are proposing is to dedicate between 8 and 11 feet of property, of property on the north side of our property, valuable property, property with a developable value of between one and a half to three million dollars when you put in development rights and you factor all that in. We want to provide that to FDOT to accommodate this lane expansion. Again, FDOT is intrigued by this concept. They are strongly considering it. They've put that on paper, that they are strongly -- that they are considering this. And what we'd like City of Miami Page 188 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 to do, we have -- there -- there are three parties involved here. There's private development, there's the City, and there's FDOT. We're working through these issues. Again, we are on first reading. So, what we'd like to do is move past this and continue working with FDOT to help bring this to fruition. At this point, I'd like to ask Mr. Vargas to just walk you through what this means in terms of numbers, in terms of moving traffic, and it'll be brief and then we will be close to tying up. Thank you. Joaquin Vargas: Thank you, Tony. Mr. Chair and Commissioners, Joaquin Vargas with Traf Tech Engineering, 8400 North University, that's in Tamarac. This is the side -by -side. The graphic to the left is existing conditions and to the right is the proposed enhanced improvements. As you can see just visually, it's -- it is a significant enhancement to what we have today. As was stated before, we 're adding approximately 1,250 feet of additional roadway improvements widening, which is almost a quarter mile of additional linear feet of stacking. And I believe Mr. Recio mentioned that's approximately 50 additional vehicles can be accommodated. That is significant. The analysis that we have conducted shows that it creates approximately 400 additional trips of capacity in the morning peak hour. That's 400 additional vehicles. And in the afternoon, approximately 600 additional vehicles during the p.m. peak hour. Again, this is the same graphics. The top one shows existing conditions and the bottom one the proposed improvements. I know this slide is busy, many numbers here. Let me just state that the development team, they provided three different development scenarios. And we looked at those three, we generated the number of trips. For purposes of our analysis, we used the one that generated the most number of trips. Now these are not my estimate, Commissioners. We are required to use formulas that have been published by the industry, adopted by Miami - Dade County and the City of Miami. So, there's two variables that we have to enter. First is the type of use. Is it residential? Is it retail? Is it restaurant? And the second variable is the intensity. If its residential, how many units? If it is retail or restaurant, what's the square footage? But anybody that uses those assumptions, using these adopted formulas, will come up with the same number of trips, and I think that's important. The middle chart, concept number two, was the one that generated the most number of trips, which is what we used for the analysis. This is my last slide, and I know it's very busy. I just want you to focus on the top one. This is the one that creates the most number of trips for the project. Let's first look at the numbers in green. You will see that the first one is 152. That's what that development proposal, the number of morning peak hour trips, 152. The second number in green is the road improvements that we have presented, how many trips in the morning those additional lanes create, almost 400. And the last number to the right, in green, 245 is the balance, what we're going to leave as benefits. And the yellow numbers is the p.m., the afternoon rush hour, 221 is what the project will be generating, 617 the additional trips of capacity and the balance is 396. So, in summary., Commissioners, let's say these roadway improvements create X amount of benefits to this area, the proposed project will consume about one-third. So, two-thirds of these benefits are going to be left to assist with existing congestion in the area and also to accommodate future development. That summarizes the traffic numbers. Thank you for your time. Mr. Recio: I'll just briefly -- I'll just briefly summarize. Yeah, we're submitting Mr. Vargas' resume. So very quick summary. We know that this is a process to go through with FDOT. We know that there's more to come and that's why -- that's why we have decided to both covenant to provide the land, but also to not proceed with development that goes beyond what we have right now until we have this -- until we have a go, 'til this is a go from FDOT. So, we know we have work to do and we have other -- other neighbors to speak to and to work with. Very quickly, we have -- there were -- the staff recommendation that you have before you, we understand, their -- you know, we respect Mr. Garcia -Pons and his staff,' but at the same time, we think that this -- the criteria were misplaced because (UNINTELLIGIBLE) didn't consider the potential of this and what this could do to transform this congested area, to City of Miami Page 189 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 actually do the -- to make the first improvements to this area since really the 1960s, since it was first built, okay? So, with that in mind, you know, we've gone through the criteria, you heard from Mr. Mullerat, that how we meet the criteria. These are just -- this slide is merely going through the criteria one by one in terms of transition and scale, which you all saw the diagrams. In terms of traff c flow, again, we are on three transit corridors. We're within walking distance of three transit corridors, including the 110 J-line, which connects Miami Beach to Miami International Airport. We will also advance the expansion of 38th Street through this. So, both the car and then hopefully the train. We -- we do support the Design District's bid to put a train station there that will be within walking distance that will bring to fruition what's already in Miami 21 to make this a transit node. And then so -- and then in terms of the zoning district boundary, we meet the criteria for it. We do provide transitions and in staffs own words in their comprehensive plan analysis, levels of service are met, and yet we know what the reality is out on the roadway, and we want to improve it. So, we are working with FDOT to improve it. So again, only first reading. We would ask for your -- your approval on first reading so that we can move ahead and work with FDOT and come back to you with their buy -in at second reading and -- and really bring this thing to fruition. So, at that point, I'd just like to reserve some time for rebuttal after the parties speak. Thank you. Vice Chair Russell: Of course. That concludes your presentation? Mr. Recto: Yes, sir. Vice Chair Russell: Alright, thank you. So, we're going to allow the residents and advocates who had forfeited intervener status to now make presentations, 10 minutes apiece. We have three people or groups that will be speaking. Mayor Kasdin, you're welcome. Neisen Kasdin: Good evening, Mr. Chair, members of the Commission. Neisen Kasdin with Akerman LLP, representing Miami Design District Associates and their affiliates in opposition to the application that is before you. And to begin, we know that this impacts numerous neighborhoods, and the analysis of how that impacts the properties within a half -mile radius has not been done. Here are the neighborhoods that are impacted. In addition to the Design District, which does not show on this part, this map, Magnolia Park, the residential area, which is immediately to the north where Mr. Bash lives, Bay Point, Buena Vista East Historic District, Buena Vista Heights, all of those neighborhoods have registered official opposition to this application. In addition, others down in the Edgewater neighborhood, Buena Vista East Historic Neighborhood Association, Buena Vista Heights, Bay Point, the Morningside Civic Association, Bay Park Towers Condominium Association, Icon Bay Condominium Association, and Paraiso Bay, the largest residential population in the area, all are officially on record as against the proposed comprehensive plan and zoning change. Vice Chair Russell: Mr. Kasdin, quick question on that. Mr. Kasdin: Yes. Vice Chair Russell: Could you go to the back, the last slide? I don't believe my office received official Morningside Civic Association -- did the Morningside Civic Association take an official position? Mr. Kasdin: Well, we have letters that we have just submitted to you with -- of opposition from all the associations that we have named, which the Clerk will distribute to you. As well, we have an analysis from Kimley-Horn with respect to the most recent, in the past, few days, traffic study that was just submitted. So, all of associations are against this proposed change. And those are the letters and they're City of Miami Page 190 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 being distributed to you now. I don't need to tell you that the traffic at that link between the Julia Tuttle Causeway and Biscayne Boulevard along 38th Street is a disaster. Mr. Recio did a great job of explaining how disastrous it is and how complicated it is. And I think you could see the solutions, which I'll talk about in a minute, not only are not solutions, but they are themselves convoluted and complicated. The Design District, of course, which is one of the most important economic engines in the city of Miami and a point of civic pride for this whole community, lies only 375 feet due west of the proposed rezoning site. The Traf Tech study, which I'll get to in a moment, before that, if you recall, in July, this matter came before you for first reading. At that time, the Commission deferred first reading so that a traffic study could be prepared and reviewed by FDOT. And by the way, the Federal Highway Administration also has an interest because of the on -ramp to I- 195. That traffic study -- and remember, back in July, FDOT, and you have that in the -- the pleading that 1 filed in July, FDOT said, we don't know whether this would work, we have to study it. And we need a traffic study to be able to understand that. Traffic study was just received a few days ago. Contrary to what Mr. Recio said, FDOT is not saying that they will consider it, they said they are reviewing it. So FDOT has not even reviewed this traffic study. And your own planning staff has said that they do not have adequate information to determine whether or not these traffic solutions are at all viable. At this time, I would like to bring forward Adrian Dabkowski from Kimley-Horn to briefly go over the deficiencies on the recent -- the just now submitted traffic study. Mr. Dabkowski? Mr. Recio: Pardon me, Mr. Chair. I would like to object to Mr. Dabkowski's testimony simply because Mr. Kasdin waived intervener status. He's not supposed to be presenting witnesses. Mr. Kasdin: I did not say I would not be presenting witnesses. I said I'd be snaking a presentation. Mr. Recio: Right, but as a -- as a speaker, a member of the public, you're -- Mr. Kasdin: I did not limit it to that, Mr. Recio. Vice Chair Russell: You guys didn't come to a written agreement on how this -- Mr. Recio: We have a written agreement. It says nothing about witnesses. Vice Chair Russell: You have a written agreement on the intervener status that waive Mr. Kasdin: That we would make a presentation, and this is part of my presentation. Vice Chair Russell.• Could I see the agreement? Because I mean it's between you all. Mr. Recio: Yes. Vice Chair Russell: But if :you were just here presenting, I wouldn't mind who was speaking. I mean presenting as an expert is one thing. This is just part of your presentation. Mr. Kasdin: It's part of my presentation. Vice Chair Russell: Right, but you're not submitting as an expert. That needs to be accepted by this body as an expert, correct? City of Miami Page 191 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Mr. Kasdin: Well, 1 mean he has been recognized as an expert multiple times by this body. Vice Chair Russell: Right, because now you're putting us in a position of weighing in on whether or not we accept him as an expert, hut normally that would only be reserved for intervener status. Making a presentation and having co -presenters is absolutely fine. I think the distinction here is whether or not the person is entered as an expert witness because these -- Mr. Kasdin: Well, you'll make -- you'll make that determination. I would just like to have Mr. Dabkowski, go through the analysis which 1 have submitted to you. Vice Chair Russell: Thank you. Mr. Recio, are you okay with multiple people being involved in his presentation? Mr. Recio: Again, this was not contemplated. Vice Chair Russell: It wasn't disallowed in your letter? Mr. Recio: It was not disallowed, that's fair. Vice Chair Russell: Okay. So we won't be -- you're welcome to submit his credentials, but he won't be accepted by this body as an official expert witness. This is just a part of your presentation, but he's welcome to speak. Adrian Dabkowski: Good evening, Commissioners. Adrian Dabkowski with Kimley- Horn, offices at 355 Alhambra Circle in Coral Gables. We reviewed the traffic study that was prepared, dated November 10, 2021. I will note that the improvements shown on the -- in the presentation today were slightly, modified from what was reviewed in the analysis. We did note numerous errors in the analysis, however, we wanted to discuss the critical issues of the analysis. The report states that the improvements will create reserve capacity at the intersection of Biscayne Boulevard and 38th Street, about 213 trips in the a.m. and 361 in the p.m. However, the report does not state the minimal operational improvements that will occur for that westbound approach, which is the most critical approach. The average delay for vehicles on that approach is a more accurate measure to determine the actual public benefit. The westbound approach delay is reduced by less than 2 percent in the a.m. peak hour with these improvements, and in the p.m. peak hour, the approach still operates at a failing level of service F, with these improvements in place. Also, the proposed improvements maintain the existing crosswalk on the north side of the intersection of Biscayne Boulevard and 38th Street. However, the analysis fails to provide an exclusive pedestrian phase that would be required. for this crosswalk by Miami -Dade County Traffic Signals and Signs Division, which is standard -- standard practice when you have two turning lanes with a crosswalk. Mr. Recio: Excuse me, Mr. Chair. He's making conclusory statements as if he is proffering an expert testimony. I have to object, I have to continue to object to this. Vice Chair Russell: I -- as long as the body recognizes that he is not here as an expert, are you countering their data? Or are you -- are you pointing out flaws in their data? Or are you just clarifying certain points that aren't as improved as they're saying they're improved? Mr. Dabkowski: Essentially both, I'm pointing out the issues that we're finding and then also how -- Vice Chair Russell: Did you conduct a traffic study? City of Miami Page 192 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Mr. Dabkowski: No, we reviewed the report. Vice Chair Russell: So how are you finding -- under what basis are you saying that their data is flawed? Mr. Dabkowski: Not the data, the analysis. Vice Chair Russell: Okay, so the numbers -- you don't dispute the numbers. Mr. Dabkowski: We don't dispute the numbers. Vice Chair Russell: You're disputing the analysis of the numbers. Mr. Dabkowski: Correct. Vice Chair Russell: I don't understand how it could be different. Mr. Dabkowski: When you look at the -- the intersection, and how it operates, we're looking at different types of signal timings and how you analyze those signal timings with -- with the specific geometry that's proposed. Vice Chair Russell: So, by overlaying a different signal timing, you end up with a different set of trips at the different -- Mr. Dabkowski: Correct, you'll have different results when you -- Vice Chair Russell: Right, so there's a myriad Rubik's Cube of options of how you could configure those lights which would change the number of stacking, and trips per day, et cetera, correct? Mr. Dabkowski: Correct, and those have to be approved by Miami -Dade County and FDOT and there's no evidence provided in the -- in the report to state that that's been coordinated with those agencies. Vice Chair Russell: This is part of their presentation through which they are completely free to make assertions, but this body is very much recognizing that this has not been entered as an expert witness. Mr. Recio: I appreciate that Mr. Chair. I still think we're being prejudiced by this testimony, but at the same time we had agreed to 10 minutes. They're at the 10 minute mark. Vice Chair Russell: I'm at 4, I've got 4. 28 left on the clock. Do I not? Yeah. Mr. Recio: On the 10 minute mark? Mr. Kasdin: And we've had interruptions and questions, so. Vice Chair Russell: Yes, we do intend to stop the clock when we ask and stop and during. Mr. Recio: Thank you, Mr. Chair. Vice Chair Russell: He's meant just to have 10 minutes, clean. Whoever he wants to speak is fine. We're just not entering as expert witness, but I'll allow it. You have 4 minutes and 28 seconds left. City of Miami Page 193 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Mr. Dabkowski: The proposed circulation changes to 38th Street and 6th Avenue also directly impact the Point Bay North Condominium Association, which was previously discussed. Those changes in circulation would force all exiting traffic to travel westbound on 38th Street and eliminate the on -street parking spaces in front of the site. There's' no mention of these changes in the report or whether those have been coordinated with the stakeholders. There also appears to be a vacation of -- of the east -west alleyway, located between 38th Street and 37th Street. That vacation would require Miami -Dade County Traffic Engineering Division approval and it's unclear if the applicant has submitted that vacation request to the Traffic Engineering Division. And also, the -- the proposed development and associated improvements as mentioned, require FDOT approval and potentially Federal Highway Administration approval, as the improvements include both the on and off ramps for an interstate facility and State Road 112, which connects to Biscayne Boulevard. Given these significant modifications proposed, coordination and preliminary approval of the concept should be attained to confirm that they're feasible. And given that the study was completed in November of this year, it's unlikely that FDOT has provided any substantial feedback on the traffic analvsis. And that concludes my testimony. Thank you. Mr. Kasdin: Thank you. Mr. Chair, just to briefly say this, although intervenors have the right to present expert testimony, this Commission has the right to hear from any expert that it wants to hear from and to accept their testimony and evidence. But it is not a right to preclude it, it's just that if you become an intervenor, you have an absolute right for an expert. You, as commissioners, can get any expert evidence and advice you want. Now, to finish up on this point, a couple of additional things. If we go back to the intersection and the area there, they showed changes to the lane and lane width, but they don't control the property that lies west of the on -ramp, and they don't control the Point Bay Condominium, that has come here to speak, property as well, which lies east. So, there's only a small section of 38th Street that their dedication would even apply to. So, what they are showing you is not a solution that is under their control. In addition, don't be fooled by the statement that unless FDOT approves this traffic solution, that they will give you a covenant that says they'll go back from T6-8 to T5, or even if they have T6-8, they won't develop. That kind of covenant is not enforceable. Once this City Commission votes on final reading to change the zoning from T5 to T6-8, it is only by action of this City Commission and the PZAB, and two readings before the City Commission, that that can be undone. So they are -- it's -- they can't undo the zoning once you've adopted it. It only can be done by your action. So, there's no comfort to be given in saying, well, even if we have T6-8, we'll go back to T5. That's a false promise. What I would say is, you have your planning staff recommendation, and I know it's been a while since you've seen it, but it remains the same, and I just want to point out a couple of things. Your staff observed that the traffic condition is not conducive for the introduction of commercial uses to the area. With commercial, retail, and office uses conies many short in and out trips that could create a conflict with the high-speed traffic exiting I--195 ramp. The potential for completely commercial, retail, or office development would not be compatible with the surrounding neighborhood. A couple additional things, Mr. Chair. Mr. Recio: Mr. Chair, I think we're at 10 minutes. Mr. Kasdin: It would not be possible to develop appropriate transitions between the subject properties and their neighbors. The immediate street network of the block is not conducive for absorbing more density than is already allowed, as the network is not permeable. And it goes on to talk -- Mr. Recio: Mr. Kasdin, you're running me on time. City of Miami Page 194 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: Mr. Kasdin, Pin going to he asking the Planning Department for a recap of their -- Mr. Kasdin: Okay. Vice Chair Russell: -- their denial, recommended denial. So, if you could just wrap up really quickly. Mr. Kasdin: Thank you. The only reason I said that is because the Planning Department's recommendation had not been announced here on the record for you. Vice Chair Russell: Correct. We'll be asking. Mr. Kasdin: And the only other thing I would say to go back somewhat fitrther is, it was referenced that the Design District is doing additional development on its property. When the Design District came before you, we did not seek an increase in the land use. We did not seek an increase in the zoning. We did not seek an increase in the density either. In the entire history of the Design District Project, we have not sought that once. This is seeking an increase in density, it's seeking an increase in intensity, it's seeking a change in the land use. In fact, the Design District agreed to a cap to not allow itself to achieve the maximum FLR (Floor Lot Ratio). This proposal is a seriously flawed proposal, opposed by and affecting every single neighborhood, the residents as well as the businesses, and what it should be done is before -- it should not be allowed to proceed, and -- and a study that has not been even looked at by FDOT as yet, that doesn't even include property that they own, and that you have already heard would not be a solution for the issues in that area. Vice Chair Russell: Thank you, Mr. Kasdin. Mr. Kasdin: It should not be considered. Thank you. Vice Chair Russell: Thank you, Mr. Kasdin. Would you like to rebut now or want to wait until Mr. Bash? Mr. Recio: I'll just wait for Mr. Bash. Vice Chair Russell: Okay. After -- you may, you can wait. Yes. Ms. de Sa: Well, can you hear me? Vice Chair Russell: Yes. Ms. de Sa: Okay, hi again. My position pretty much stays the same. I would like to hear from the Planning Department, but also, I came up here again to ask what would be the next step for me to have a more -- a better understanding where the vision of the city for the area is and what can they propose it? Because I see that on the document says the planning is not liking the application. And I'd like to know why and what could be done. If you don't like it, what would you like? And can you come and meet with us? So, what is the next steps? How do I get your attention and your assistance and your help to work together. Vice Chair Russell: Thank you. How many units do you represent? How many people? Ms. de Sa: 26. City of Miami Page 195 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: 26 units or 26 people? Ms. de Sa: 26 owners. 26 units. Vice Chair Russell: 26 owners. 26 units. Alright. Ms. de Sa: Including myself Vice Chair Russell: Are you familiar with your zoning? Are you also T5 currently? Ms. de Sa: I believe so. Vice Chair Russell: Yes, the best way is to not only interact with the applicants, but also to interact with the planning staff and your commissioner's office. My door is open to you, so -- Ms. de Sa: Yes, yes, because I do want to see the development, you know, our community to be optimized in each and every way, whatever it takes from all of us. And so, I would like to know how to proceed and I'll reach out, I guess, if that's the best way, and we can make a better decision together. My question also, I have another in those regards, is that answer has to be given today, or do we have more time as I asked you in the -- earlier? Vice Chair Russell: The current plan is for this body to vote tonight on this issue. And then if it passes, they have to go through a second reading. But it still would run completely independent of the interests of your building. Ms. de Sa: Okay. Vice Chair Russell: Your building would have a whole different application process if you were to seek a change in zoning as well. Ms. de Sa: Okay, so we stay for now as we were on the previous meetings, as our neutral, with I will learn more. I learned so much more from both sides of the equation, and thank you very much. Vice Chair Russell: Okay, so you are -- you've shifted from -- before you were we are opposed if we cannot go together, now you are neutral, is that correct? Ms. de Sa: Yes. Vice Chair Russell: Okay, good to know. Ms. de Sa: Yeah, yeah, I would like -- you told me I couldn't do it. Vice Chair Russell: You can do -- you can do whatever you like. Ms. de Sa: No, no, no, you told me I could not -- that wouldn't be an option. Vice Chair Russell: Oh, yes, that you cannot apply tonight, no. Ms. de Sa Exactly, if that's the case, and then I explain that I didn't have enough information in order to say a yes or no. Vice Chair Russell: Got it. City of Miami Page 196 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Ms. de Sa: And I would like to hear more from the city for people that know better about those things than 1 do and share what my experience of this space is. Vice Chair Russell: No, thank you for coming and thank you for advocating for your neighbors and your residents. Ms. de Sa: Okay, and that goes as just we're not voting, and we don't have to vote today. Vice Chair Russell: We will be voting today. Ms. de Sa: Yes, no, I meant my association. Vice Chair Russell: Thank you. I would like to ask our Planning Department to walk us through your recommended denial. Cesar Garcia -Pons: Is there one more presentation? Vice Chair Russell: They would like to hear from you first as well before they make theirs. Mr. Garcia -Pons: Thank you, Cesar Garcia -Pons, Planning Director. So, two things. One is the planning staff stands by our analysis for both the rezoning and the comprehensive plan land use change. So, please refer to the record that's been provided in your package. 1 do have five notes that 1 took from the presentations today that I'd like to share with you now. One is agreeing with the -- the applicant that says that the proposed land use change to restricted commercial and the zoning change to T6-80 will increase the density, intensity, and height on these parcels. That is true. Proposed transit stations do not provide any benefit to the existing properties if they're never built. So proposed transit stations are not actual transit stations and should not receive the benefits of being in a TOD -- as a transit -oriented development. The smart plan, or the beach corridors, as we might remember, also known as Bay Link, are projects that have been around since the mid-90s, something that we all wish would happen, and hopefully will happen, but sometimes they take 30 years to happen. So, we're not sure if projects should take -- receive the benefits of a future corridor that may or may not get built within a reasonable time frame. We understand that the applicant is perhaps going to proffer a covenant to, and I might get this wrong, retain development at T5-R until such time that some changes are made to the right-of-way. Our recommendation is, again, why would we need to do that? If you're going to stay at T5-R, then stay at T5-R, and when the conditions have changed in the neighborhood, please come back and we will be happy to re-evaluate any application at that time. I think that's all we have from the Planning Department. Vice Chair Russell: Thank you, Mr. Director. So, you're -- you're basically saying these are a lot of hypotheticals which should not weigh on our decision because there's obviously no guarantees. Mr. Garcia -Pons: Absolutely, and in addition to that, I think -- I thought the applicant was going to mention the Planning Department, when we review these applications, we don't -- we read and take a look at the covenants that are provided with them, but they do not directly affect our analysis because covenants are not part of the record. It's a -- until it's voted on by this board, it doesn't really -- it's not fact. So, the fact that they proffer for something doesn't mean that we will review it based on that (UNINTELLIGIBLE) -- Vice Chair Russell: Right, so that covenant did not weigh into your decision. City of Miami Page 197 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Mr. Garcia -Pons: Right, and the -- the traffic summary and evaluation that was provided spends a lot of time talking about the potential changes to 38th Street. If they are able to proffer those 10.5 feet to 38th Street, that the improvements to 38th Street would be beneficial to the neighborhood. And again, I think the appellant mentioned, we don't know, we haven't had enough time to review the analysis, and that's -- the date or time that FDOT comes with a -- an actual approved plan, or part of the jive - year plan, or some sort of funding for this, we believe would be the appropriate time to readdress the rezonings and change of land use on these properties. But until such that time, we have no guarantees that that will ever happen. Vice Chair Russell: Are you familiar with what is built there right now? What structures are on the property? I believe it's five parcels. Mr. Garcia -Pons: So, I haven't been out there in a while, but there's -- I think seven parcels -- Vice Chair Russell: I'll reserve that for the applicant then. So, the question for you is what is the current capacity of density allowed under T5 there, based on those five parcels and the square footage that they have, and how much density would be increased if the application were granted. Mr. Garcia -Pons: So, there's two numbers for sure. The change in density, just as a number, and I'll do the units in a second, is the T5-R density is 65 units an acre. If it's rezoned to T6-8, it would be 150 units an acre. And I'm looking for the table now to give you the other numbers. Commissioner King: Mr. Chair, while he's looking. Vice Chair Russell: Yes. You're recognized. Commissioner King: The existing traffic there, I'm familiar with it, drive it all the time. Has staff done an analysis on what we have now? Because in your presentation, you had said that an additional lane would accommodate 50 additional cars? Mr. Recio: Not just that one lane. Because of that one lane, we can extend the one lane with the frontage road, we can extend, instead of being trapped here, which you can see right here, this is three lanes at this point, but that stops right here because there's not enough space to extend this third lane because you need this other lane to come through. So, between doing the median, adding the additional lane, and recirculating traffic, what we end up with is a condition where we can actually extend this lane all the way back. And it's not just that one lane, it's extending all four lanes all the way back, gives us 50 additional cars of stacking. Commissioner King: What I'm wondering is, and I'd like staff to address this, is that what we need now without any development? Because the traffic is bad already that without anything being done, do we need to accommodate 50 more cars already without adding anything to it? Because the traffic is bad right now. And I wonder if staff has done an analysis on what we would need to clear up the current congestion without adding to it. Have you guys done any analysis on that? Mr. Garcia -Pons: If I may answer the Chair's question first about the units. So, the -- the memo that we provided this morning, which was the staff analysis of the report provided by the applicant, there's two sets of numbers here, and the existing daily trip generation versus proposed daily trip generation. So, this is not the current capacity because I don't have the number of units right now, but I can give you a sort of an example of if you built to the maximum amount allowed by the comp plan under the multi family zoning, you'd be able to get 90 dwelling units. And the study says if you City of Miami Page 198 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 built to the maximum amount of T6-8 under the comp plan, it could be in -- in the range of 600,000 square feet of development. These are comp plan maximums. These are not what they can build in real life today based on what's there and/or what's allowed by the land development regulations, but there is a drastic difference and I know that the applicant has specific numbers -- Mr. Recio: Yes. Mr. Garcia -Pons: -- that can answer your question. Mr. Recio: Yes. Vice Chair Russell: And so I wanted to hear it from you, but ifhe says 1'd like to hear if you agree with him, because the important number for me is what's the current capacity as of right, in terms of units, and how many additional units could be created with the application being awarded, because that gives us an idea of how many more cars we're putting into that neighborhood and to factor that against what they're truing to alleviate with the lane, the hypothetical lane. Mr. Garcia -Pons: If the applicant's going to do the acreage times the views, then I will agree with them. Vice Chair Russell: Okay, so what do you say? Mr. Recio: Through the Chair, yes. To answer that question, the current capacity -- the currently allowed number of units is 90, okay, based on the lot area. Multiplying that lot area times the density at T6-8 allows 207 units. We're talking about a difference of 117 units. Vice Chair Russell: 117 units. Mr. Recio: 117 additional units. Vice Chair Russell: So, about double. Mr. Recio: Yeah, and just to clarify the number, and Mr. Garcia -Pons alluded to it, but I want to make sure that it's understood. The 600,000 square foot number is a comprehensive plan, like theoretical maximum, if we were to go two or three zoning districts higher than what we can seek under Miami 21. Under Miami 21, we can only seek T6-8. At that category, the multiplier is much lower, and what we can actually build is more on the order of 370,000 square feet. So, a little bit more than half of what -- what his analysis proposes. So that's what we are allowed to do under the Code, even with bonuses. That's coaxing out everything. Vice Chair Russell: And before we address Commissioner King's question, what is currently there now on the site? Mr. Recio: It's -- it's several low-rise structures right now. Vice Chair Russell: How many units? Mr. Recio: 18 or 20 at the moment. Vice Chair Russell: So, it's very -- Mr. Recio: It's very -- City of Miami Page 199 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: -- nowhere near its current capacity -- Mr. Recio: Yes. Yes. Vice Chair Russell: -- of what could be built there as of right. Mr. Recio: Yes, the traffic congestion is impeding and just the fact that it's --it's bordered by three straight roads, this entire block is very challenged in terms of what in terms of investment into this block. And that's been a long time thing. What we're trying to do is change that. We're trying to create a situation where the entire area can be expanded. So, to Commissioner King's point, yes, there is traffic congestion now, and there will be traffic congestion in the future. There was -- you know Mr. Kasdan alluded to it, the 36-story building that was approved just a few months ago. There is no accommodation for that traffic. What we're trying to do is factor them into this equation and provide some accommodation. That's why we have a dedicated through lane. Mr. Vargas: Let me answer her question. Mr. Recio: Yes, please. Mr. Vargas: Commissioner King, let me answer your question about there is an existing problem today. Clearly, that is the case. The standards that we apply when there's an application is if there's a problem, we cannot add additional traffic, which we will do, unless we are proposing an improvement. The law states that we have to propose an improvement that at least takes care of our impacts. So, if there's a problem, let's say we're adding 100 cars, we have to propose an improvement that accommodates those 100 cars. As I stated in my presentation, the improvements that we're proposing, we're over -mitigating. The benefits that will be provided is greater than the additional trips that we will be adding. So, it will address some of the existing problems out there. So, with the project and the improvements, condition will be better than today. Will we solve the entire problem? No, but we are over -mitigating with the proposed improvements. I hope that answered your question. Commissioner King: Well, that's what Pm asking staff because, you know, we have an existing problem. Mr. Vargas: Correct. Commissioner King: And I want to know from staff. Mr. Vargas: But -- but yeah, every project is not required to solve existing problems, but mitigate to the impacts. Commissioner King: I understand that, I understand that, but I'm asking staff because it seems like maybe your problem would just be solving our existing problem and won't be addressing the proposed project that you're having. That's what I want to hear from staff: Mr. Vargas: As I stated, we're taking care of our trips and we're leaving additional reserved unused capacity for existing problems and future developments. Thank you. Vice Chair Russell: Mr. Garcia -Pons, do you agree with their assessment of the traffic study that they presented in terms of mitigating not only the effects of what's there now, but what they are proposing to increase? City of Miami Page 200 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Mr. Garcia -Pons: So, the traffic study that they are proposing is a complete proposal. The -- the Planning Department did not review that, and neither did the -- our traffic operations reviewed it -- did not review what was proffered because it is not -- it is not real. It is a proposed change to a right-of-way. So, we have not done the analysis, we have not done the review of the analysis. It's not something that -- it is in essence a -- a wish list of what they would like to do. The Planning Department would be supportive of that change to that right-of-way. We think it might help the conditions around it, but we don't know enough about it because -- Vice Chair Russell: Got it. So, you're not weighing in on their proposal, but Commissioner King's question to you, and I'm very interested because this is one of the greatest intersections between our districts and probably one of the worst intersections in the city, altogether, in terms of congestion. Have we or FDOT studied this intersection's current state and what needs to be done to alleviate the problem that exists now, completely unrelated to future development? Mr. Garcia -Pons: So, I can't speak to FDOT I know that our office has reviewed the traffic study provided by the applicant and said, and that's the information that we provided to you, that if it's redeveloped in a certain way, we don't look at the right-of- way changes, we look at the impacts of the development on the right-of=way, not the actual right-of-way solutions. That is -- that is another step, that's another department that's not part of this process. Vice Chair Russell: Okay. Commissioner Reyes: Mr. Chair? Commissioner King: I don't -- I don't think you're really answering my question. What I'm trying to find out is the existing problem. lithe City fixed it, for example, the City and FDOT fixed the existing problem, would -would that result in 50 additional cars being allowed to traverse this intersection? And if it is, then we have a problem because they're offering 50 additional cars with their proposed project. But if that's only going to fix what we have existing, then we're not getting anywhere. Mr. Garcia -Pons: So, if I can clarify, the proffer that the applicant is providing as part of this application is they're saying we are going to -- we are willing to provide FDOT with 10 and a half feet of our property. That is all. There's no more information that we have. That is the only thing that we can review. Anything beyond the line is conjecture. So, we cannot -- we cannot opine on that. Commissioner King: Right. What Pin asking is, say there was no proposed project, how would we fix the problem that we have already? Has the City looked at that? Mr. Garcia -Pons: So, the Planning Department hasn't looked at that, but that would be something that we would work with our Public Works Office and FDOT to take a look at. This is an FDOT right-of-way. Commissioner King: That's what I was asking, it hasn't been done. Mr. Garcia -Pons: (UNINTELLIGIBLE) and Commissioner, ifI can answer your earlier question much more succinctly, there are 26 units currently in those parcels. It is zoned for up to 90 dwelling units, and if it's rezoned it will be 207 or 208 units. But it's not just about density, right? The report talks about uses associated, and a change from multifamily to restricted commercial, allows for commercial uses. And commercial uses are very different. As one example, currently there are certain lodging uses that aren't allowed, hotels are not allowed. So that's one number. If you put a hotel, you have the ability to do up to 400 plus hotel units. So, it's not just the City of Miami Page 201 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 number of dwelling units, it is the uses associated with the zoning that have different impacts on the neighborhood. So that could be lodging or general commercial or other things. Because current zoning is TS-R. Vice Chair Russell: Commissioner Reyes. Commissioner Reyes: My question is very simple. These are seven parcels, right? In that area that has only one entrance and only one route that comes out and comes in. Okay, by -- if we go and we accept the zoning change, according to the people that are requesting the zoning change (UNINTELLIGIBLE) the traffic study. There will be no problem because supposedly the traffic study says, no, no, we are going to solve this. Okay, but there are seven parcels. There was a lady here, that was sitting here, that she's part of the remaining ten parcels, or five parcels, but there are five under and -- and there are more parcels. Mr. Garcia -Pons: Five parcels, similar area. Commissioner Reyes: In the similar area. Okay, that means an additional five parcels that they could come and request a zoning change. We cannot (UNINTELLIGIBLE) and they will have all the legal rights for their parcels to be -- the zoning be changed. And that is my fear, you see, that this won't stop here. And I agree with you that said, okay, if there's going to be a change by FDOT, that we don't know when it's going to come, if it's going to come, well when we come, we can do something there better or we can increase the density or whatever. But now I don't see this on only seven parcels. I see the potential, the potential of the rest of the parcel to ask for a zoning change, about a change of use too. Vice Chair Russell: That sounds right. Commissioner Reyes: You see? That's -- that's -- that's my main concern. That is my main concern. Vice Chair Russell: Thank you, Commissioner. A question for Mr. Wysong and Mr. Garcia -Pons, so there was mention of a covenant. Have you reviewed that covenant where they are proffering a conditional zoning based on FDOT's approval? Have you seen that covenant? Mr. Garcia -Pons: I don't believe that that's current. The previous covenant said something slightly different. Mr. Recio: Yeah, that's something we're willing to covenant. We have already committed to providing the dedication. Vice Chair Russell: Have you got the wording of what you're proffering? Mr. Recio: Yes. Yes. Vice Chair Russell: Because what I'd like to understand is the legality of that, once we Mr. Recio: Sure. Vice Chair Russell: -- once we offer zoning, we can't take it back. Mr. Recio: Sure. City of Miami Page 202 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: So, is it that we are holding off on the zoning, like we would vote tonight hut it wouldn't kick in until the FDOT project, or you would be granted the zoning -- Mr. Recio: Yeah, if I may address that. Vice Chair Russell: -- it would revert. Mr. Recio: It's not that it would revert. This is not about -- Vice Chair Russell: You would just limit your building. Mr. Recio: It's a voluntary limitation like any other voluntary limitation. When someone says I'm only going to build X square feet, or I'm only going to build X number of units, or even I'm going to build a certain number of units of a -- at a certain income range or whatnot, or I'm not going to have any of these uses, even though I'm allowed by zoning to do so. What this is saying is we would voluntarily limit any development on this site to what T5 allows, to what the current zoning allows, unless and until FDOT commits to this -- to this expansion of the roadway, to something substantially similar to something -- to this, that will add the kind of capacity that we're talking about. And I want to just be clear about what it is we're doing. It -- the additional stacking is 50 cars, but it is far more than 50 cars. That's 50 cars per light. It allows an additional 32 cars to get through that intersection. So, traffic is moving faster. So, from a trip perspective, what we 're -- what we end up adding is over 3 -- in the 300 to 400 range of additional trip capacity over and above what we are proposing to add, what our development would add to -- to the network. This would provide additional capacity for that number of cars during the p.m. peak hour. So, during the course of an hour, you're talking about an additional 400 cars that could get through, not 50. 50 is just the holding bay for it, so that traffic doesn't get backed up all the way to the -- to the highway. So, Ijust wanted to clam that. Now, what the covenant reads is, and just so that you have some comfort, we have done this in the past. I did this on -- I did this just on -- Vice Chair Russell: We've lost the quorum for a moment. Mr. Recio: We've lost the quorum. Got it. Vice Chair Russell: So, if you could just -- Mr. Recio: I'll hold off. Vice Chair Russell: -- I want to make sure. Are there people here on remaining items outside of this? If you're here for any other item that's on the agenda, would you raise your hand? Which item are you here on, sir? (COMMENTS MADE OFF THE RECORD) Vice Chair Russell: PZ.6. Okay. Mr. Clerk did we take up RE.2? Did we pass that already? I believe we did, right? I just didn't mark it off my agenda. (COMMENTS MADE OFF THE RECORD) Vice Chair Russell: I don't have it marked. Yeah, I think we blocked it. We did do it as a block. Yeah. So, remaining after this item is PZ.6, PZB, if I'm not mistaken, and PZ.13. Mr. Wysong: I believe we have a quorum again. City of Miami Page 203 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Reyes: I'm here. Vice Chair Russell: And we have a quorum. And we didn't want you to miss one moment of this riveting -- Commissioner Reyes: No, I was listening. Vice Chair Russell: Hearing. Commissioner Reyes: I -- I --1 can hear. Vice Chair Russell: I know, but we need you on the dais for the quasi -- we need a quorum for this type of testimony. Commissioner Reyes: Oh, I'm sorry. l'm sorry. I'm sorry. Vice Chair Russell: Yeah, we couldn 't continue without you. Commissioner Reyes: You know nature called. Mr. Wysong: And Mr. Chair, you had asked whether there was any --1'm sorry, you had asked whether there was any potentiality of reversionary zoning and that's not, as he indicated, that's not how it works. If you rezone it, you rezone it. The only covenant that we had was a 10. -- 10 and a half feet, is what they're covenanting and -- and so I hope that answers the question. Vice Chair Russell: Well, would -- would their proffer of a limitation of T5-esque development be enforceable on our side? Mr. Wysong: (UNINTELLIGIBLE) be a covenant. Vice Chair Russell: So, they would still -- the zoning would still remain, but they would be limited in their building capacity for lack of the FDOT proffer. Mr. Wysong: Right, and Planning will explain to you that it's not just their property. So, in the concept of successional zoning, so now you have a parcel that's been rezoned and other folks can take advantage of it. Vice Chair Russell: So, there is a domino effect. Mr. Wysong: There is a domino effect. Vice Chair Russell: Even if they don't get to develop. Mr. Wysong: Right. Vice Chair Russell: And then there's another property that would be needed to complete the FDOT project, correct? The MacArthur property to the west. Mr. Recio: That's correct. Vice Chair Russell: Have they proffered to cooperate with you? Mr. Recio: They have not at this time. They have not at this time. We want the chance to work with them, but we want some momentum with FDOT to -- that we can make this a reality. And that's why we are voluntarily limiting ourselves to the existing T5. City of Miami Page 204 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 This is not a reversion, it's a voluntary limitation. And, just to allay your concerns, this has been done before. This is not the first time it's been done. It was done on 36th Street, the development that 1 believe Richmond is building now on 36th and 25th Avenue, that development had a similar -- had a similar limitation where you could not move forward with the -- with the new zoning until such time as you had a binding financial commitment for producing a certain amount of units at a certain income level. So, this has been done before, this is not a new -- new situation. Commissioner King: But how -- how could we restrict other owners if you -- if -- if you're granted the zoning change? How could we restrict other property owners because they wouldn't be in covenant with us to not -- until we did -- Vice Chair Russell: The change of zoning would only apply to their properties, none of the surroundings. So, the other properties could develop as of right. Mr. Garcia -Pons: Is that a question? So, the applicant is correct. You can voluntarily restrict almost anything you'd like from your property. What this -- what we're looking at today are only the seven parcels. Commissioner King: Okay. Mr. Garcia -Pons: So, if it is rezoned to T6-8, there would be an atlas change on the map that says T6-8. These properties, if they come in for redevelopment, they would only be allowed to redevelop under a T5-R or whatever the covenant possibly says. The abutting parcel would remain T5-R and would develop at T5-R. If the abutting parcels, as Commissioner Reyes mentioned earlier, come in and ask for a rezoning of their properties, there would now be -- they would now have an extension of the T6-8 in order to do that, and then there would be some amount of precedent expressing changed conditions, although those changed conditions are T6-8 with T5-R covenant to them. So, it's all possible, as my city attorney friends would say. Commissioner Reyes: That's my concern. Vice Chair Russell: My last question, Mr. Garcia -Pons, a few people had mentioned the concern of spot zoning. Is -- would this application fall under the definition of spot zoning? Mr. Garcia -Pons: No, sir. This would be appropriately zoned. Vice Chair Russell: Okay, Mr. Bash, are you ready to make your presentation? Mr. Bash: Yes, I sure am, thank you. I'm going to use the other podium since I've been allowed to use their presentation boards. I would ask for more than 10 minutes because I have so much valuable information to share with you that's really going to help your decision tonight. Vice Chair Russell: I know what he's going to say. Mr. Bash: I promise you. Commissioner Reyes: No. No. Mr. Bash: So let me increase that to 20, thank you. Mr. Recio: What we agreed to was 10 minutes, but we'll see where he's at at 10 minutes. City of Miami Page 205 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Reyes: 10 minutes. Mr. Bash: You know, I'm going to start by saying something. The information is important, and for this gentleman to -- Vice Chair Russell: Mr. Bash let's all be on the same page, though. It's 10 minutes. You agreed to it. Mr. Bash: Okay, I would like -- I think it would benefit everyone if you had more information and not less. But nonetheless, I'm Geoffrey Bash, 448 Northeast 39th Street, Magnolia Park. My property is at 220 feet from the subject property and upzoning and land use change, bringing commercial into my residential neighborhood. So, I'm going to -- just because so much time has been on traffic and something I'm not talking about at all, and I really think it's going to be very important to your decision tonight, and this is a charade, this idea of proffering some land. It always has been. We've been through it before with the MacArthur upzoning, which you might remember because you attended the meetings in the dark alley and, okay, so, the reason, please, we do not need more stacking. It's a rage, drivers are rage, they're blowing their horns. The reason is because they can't move. The -- the root problem with the traffic on 39th -- 38th Street westbound, is because Biscayne Boulevard, southbound, does not move. Because there were no on -ramps from Biscayne southbound onto this expressway system. And other citizens have been telling this body over and over. The -- and I go once per week and I make videos and - - and -- of what's happening to see before I speak, because when 1 speak, it's the truth. The vehicles, the great, great majority, and by the way, we are nowhere near back to the traffic levels that we had prior to COVID. So, I don't know when this 11 th hour traffic study was performed. I think it would be interesting to know those dates because we are more recently starting to increase, but we are nowhere near the traffic levels we had before COVID. So, if we want some real numbers on what -- what these volumes are, we should do this again, maybe. But nonetheless, the traffic on 38th Street was found as bottlenecked because of the bottleneck at 36th Street and Biscayne Boulevard. The majority of these vehicles want to turn south onto Biscayne Boulevard. Every cycle of the red light, vehicles are stranded in the middle of the intersection because they can't move because the traffic's not moving at 36th Street southbound. And then there's only one lane on 36th Street to go east. So that left lane - - left turn lane to go east on 36th Street to Miami Beach is backing up into the people - - the lanes that want to go straight. So that's where you really need to -- if you could solve the problem at 36th Street and Biscayne Boulevard, the traffic on 38th Street can move much faster. So, we have two left-hand turn lanes. There was a study -- a survey done in the neighborhood of all the parking spots on 38th Street that will be eliminated. I spoke to the people out there doing the survey. I'm not sure if they're FDOT or who they were. This was more than one year ago before COVID. And they told me the response they were getting was nearly unanimous that people didn't want those on -street parking spots taken away, so I don't know if the community gets to be involved in that, in something that -- but anyway, we don't need more stacking area. We have one lane that goes due west into the Design District. Very, very, very few vehicles go straight into the Design District. My understanding is Dacra is trying to figure out how to bring more of those into the Design District. And if more people wanted to -- went that way, it would help the problem. The right-hand turn lane, you can stand out there at any time and watch. The right-hand turn lane, we have one. It is continuously moving and very infrequently does it even stop. So, the problem here is widening 38th Street is not going to move traffic more. It's the problem on the southbound Biscayne Boulevard that cannot handle more capacity. So, I do want to say that the other portion of the -- of the applicant's suggestion to perhaps reverse the traffic circulation in this subject pocket neighborhood that we're talking about, I can't see a reason why that would not be a good idea as much as I've looked at that. So, I think the City doesn't need this applicant to do that. The City could take that on their City of Miami Page 206 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 own and it seems logical. It would remove approximately a dozen or so on -street parking spots, however. So please don't be tricked into we're going to give land and we're going to widen the street and think that that's in any way going to help. Yesterday, the City ofMiami bulky trash system, the traffic was so bad, and they were truing to do their jobs and the people were honking, they were getting out of their cars. They frustrated the driver so badly that he got out of the crane and was -- was like with his arms up, like I'm just doing my job. I videotaped all this, also. Police, fire services, we already have a huge challenge getting into our neighborhood. Every corner on the 38th and Biscayne Boulevard is ripe for development. You have MacArthur on the southwest -- southeast corner of -- of Biscayne Boulevard and 38th watching this tonight because they want to come back with their application for an upzoning. The northeast corner with the former police museum with the car in the front. This is another part of this whole entire thing here. In a meeting with 30 neighbors or more, with the applicant and his team and his architect, when they were truing to upzone on the north side of 39th Street, which you're very well versed in, they want to build a 299 foot tower where the current police museum is. And we ended that upzoning, which was going to provide the parking garage. So, a member of the applicant's team says, well, as a threat to us, we'll just buy up the south side of 38th Street and we'll put our parking garage there and we will valet the -- that will provide the parking that we need for the 299 foot tower where the current police museum is, three stories. So, this is what -- our understanding is that member of the team was then fared and is no longer the architect. So, be aware that if you authorize this upzoning tonight, a parking garage can be built on the south side of 38th Street to give them the parking they need to build a 299 foot tower in the police museum site by right. And then you have valet going back and forth across this F rated street -- State Road, the lowest rating that the -- that the State gives to one of their roadways is F, and that is the rating of the street we're talking about. You make a very good point about the other upzonings, okay? So just please remember, not only this pocket neighborhood, but every corner on 38th and Biscayne. Why was I not here to oppose Dacra's project? Because they already had the right to this -- to build what they were doing. And it was a choice of next door to people's homes or on Biscayne Boulevard. And that side, the west side of Biscayne Boulevard, we have the roads there. And go look, the roads are empty. It's empty. It's going to be nice to have the development there. Nobody is trying to go west. The majority, as I said, is going south. So now that is the truth about the traffic issue. Please do not allow any upzoning. We have many new developments in the neighborhood, not one, they're profitable, they're booming, they're beautiful, and none of them even asked for an upzoning. So, it's not necessary, this is motivated by greed. Did you want to ask? Vice Chair Russell: You're in your last two minutes. I just want to let you know so you can not get cut off Mr. Bash: Okay. Covenants. Covenants can be broken when this land is upzoned and then sold to the next. Another issue you have, once the applicant is -- should be awarded this upzoning and they donated land, they're going to be coming to for a variance because they don't want to give their setback from the sidewalk. They want to build out to the edge of the sidewalk, which is very pedestrian unfriendly, especially in route to the beautiful new park. I have so much material to cover here. I would like to ask this board; how many deferrals are you -- are you perhaps going to consider between first reading and second reading on this matter? Vice Chair Russell: We would like to get this -- Commissioner Reyes: Out of the way. Vice Chair Russell: -- dispensed with as quickly as possible. City of Miami Page 207 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Mr. Bash: In reality, could it be a couple more years? Vice Chair Russell: 1--1-- no. Mr. Bash: Okay, thank you. FDOT. FDOT, Daniel Iglesias, is the Director of Traffic Development, and I've been in touch with him for nearly two years. He has -- he has met with the applicant's team approximately a dozen times. He's -- and he's put in writing, I submitted these emails to the record in the public speaking this morning, and they've been sent direct to your email, and they say our message to the applicant has always been the same, bring us a traffic study. This is more than two years FDOT's been saying this. One was not submitted until a couple a week ago. Why? In the 11 th hour is -- FDOT just wrote to the applicant and to me today while he's on the road, that they have received some material, have not reviewed it and have not made any kind of decisions and I'm sure -- Vice Chair Russell: Thank you, Mr. Bash, it was a good presentation, but we are out of time. We're out of time, but we've received your message clearly. Thankyou. Commissioner Reyes: 10 o'clock. Vice Chair Russell: Thank you for -- Commissioner Reyes: We cutting at 10 o'clock, sir? Mr. Bash: Thank you for -- Vice Chair Russell: It's not 10 yet. Commissioner Reyes: No, no, no -- Mr. Bash: Thankyou very much. Commissioner Reyes: -- 13 minutes. Vice Chair Russell: Mr. Recio, you can now respond if you like. Mr. Recio: Yes. Vice Chair Russell: To any or all of the three. Mr. Recio: Yeah, I will try to keep it brief. With respect to FDOT, what we submitted - - that our traffic study to FDOT is dated October 19th, okay? There's been talk of last week, or -- or -- what we were doing was waiting for the period, as Mr. Bash had mentioned, that traffic was depressed because of COVID. We were waiting for a period where we could take accurate traffic counts. Traffic was back, moving. We wanted to provide an accurate assessment of the situation. Okay. Now, and actually, FDOT wanted us to do that. That was their -- that was at their urging. Now, Mr. Bash had submitted some documentation from Daniel Iglesias. I'm just going to read an excerpt from that. It says, in the case of Mr. Bloomberg, he's met with us several times in the last five years. He's presented roadway concept drawings in which we've made general comments, which he may well have quoted to others. Typical comments would be, this is a workable roadway concept, or this concept is superior to the current traffic flow. Now, very important, okay? He says, for your information, we have all -- we also have a planning study underway on I-195, which includes the ramp movements on 38th Street, in this area. However, our concepts do not include right- of-way acquisition, which limits what we can propose to improve the intersection of 38th Street and Biscayne Boulevard. What we are proposing is to change the City of Miami Page 208 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 paradigm. We are providing the space to he able to propose creative solutions that can actually accommodate traffic. Now, this Commission approved a 36-story tower at the end of this road. That's corning. That's not been built. That is vacant land right now. When that was presented to this Commission, the traffic analysis was there will be 14 new trips. I understand the concept of vesting trips, I get that. But the reality of the situation is that development is coming in this area. Now, when that was in front of you all, for a 36-story tower here and a 20-story tower here, up to 1.2 million square feet of development, when that was presented to you all, what was offered in terms of traffic solutions. What was actually put forward? Okay, nothing concrete. There was talk of a transit station. No one talked about it being conjecture at that point. Now when we talk about it, and we're talking about it in the context of also doing this, now it's conjecture? What they've been able to do here, and we don't begrudge them, but at the same time, we want to be treated fairly. We want to be treated the same way. We want to be considered in the same light. And what we're doing is proposing a solution to this area that does not exist presently. That stacking that is -- is -- is alleged to not be needed, and we've all driven that road, we know that that's the case, we know that it gets backed up all the way to the -- to the off ramp, that stacking is going to be all the more necessary when cars are trying to go through here. Having a workable situation, a situation where pedestrians can be segregated from this traffic by a median, that's important to activating this area, to making it a transit -oriented development. That's consistent with the comprehensive plan. That's consistent with the County's Comprehensive Plan, both the City's and the County's, consistent with the concepts of Miami 21. That's what we're proposing to do. We're proposing to maintain that consistency. And at the same time, we're voluntarily limiting ourselves that we won't go forward until this is moving forward, until this expansion is moving forward. We're putting our money where our mouth is. 11 feet of property. Now this is first reading. This is only first reading, and we have been having this dialogue with FDOT. We have not heard from them. At the end of the day, we can help solve this problem. We want to help solve this problem. We want to participate with FDOT and with the City, but right now that land, this can't happen at the moment. And we'd like to help make it happen. We'd like to hear from FDOT. So, this City loses nothing whatsoever in approving us at first reading. We can continue, we can come back in second reading in January with FDOT in tow, and have the benefit of the analysis. And we can talk through all of these issues and what FDOT thinks. That's what I am proffering to you. That's what -- that's what I would hope you would consider. Because we have an opportunity here. We don't want to lose that opportunity. Thank you. Vice Chair Russell: Thank you. Mr. Recio, a question -- Mr. Recio: Yes. Vice Chair Russell: -- on the additional trips. Your trip calculation doesn't just involve the increased flow with the additional lane. You're also including or netting the additional cars you're adding, right? This is net of the improvements, obviously are (UNINTELLIGIBLE) new lanes, but the negatives are that we're going to have a lot more cars. And it's not just -- it's not -- well, it's not just from the 100 to the 200 -- the 90 to the 208, is it? Mr. Recio: 200 -- 200 -- it's 117 extra units, or a hundred (UNINTELLIGIBLE) -- Vice Chair Russell: Okay, but apples to apples, if we're really talking about what's the increased car usage here from today, if you've only got 17 or 20 units on there now, potentially we're going from 20 units up to 208 units. That's just it, right. And you're doing commercial as well, correct? On the first floor? City of Miami Page 209 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Mr. Recio: Right, there's only so much floor area. So, whatever you devote to residential, you have to take away from the commercial. You can't do both in the same space. Vice Chair Russell: Right, but commercial also has its own value interest as well -- Mr. Recio: Right. Vice Chair Russell: -- depending on what those commercial uses are, if it's retail, if it's office. Mr. Recio: So -- right. Our traffic analysis to FDOT basically went through three different scenarios for development of that site. The first was -- was 150 units plus 50,000 square feet of office, 12,000 square feet of retail. So, it's a ground floor retail. We had another scenario, which was, you know, the -- a fully residential development with a little bit of retail on the ground floor. And then we had a third scenario, which was we took the most intense version of that. That's -- those were realistic scenarios with what we can do in that floor area. And when we netted that out, what we end up with, with the additional trips created by this, is 400 in the a.m. and 600 in the p.m. That's -- I mean, that's what we're contributing back into -- and that, you know, unfortunately, that is part and parcel of this application. That's -- that's -- they go together. And that's what we'd like you to consider. Vice Chair Russell: Thank you. Do you have anything else to present? Alex Shapiro: Commissioner, can we just comment? He mentioned our plan. Vice Chair Russell: You 'd like to be recognized? Mr. Shapiro: Yes, please. Vice Chair Russell: You are? Mr. Shapiro: Alex Shapiro with Miami Design District Associates, 341 Northeast 2nd Avenue. Vice Chair Russell: Unfortunately, you don't get to rebut what they said. Mr. Shapiro: No, no, there's' two really important statements that we need to make. One, we didn't increase one additional square foot or one additional density unit with our approval. And two, not one association was against us and -- Vice Chair Russell: This isn't about you though., this is -- Mr. Shapiro: I know, I know but -- Vice Chair Russell: I understand. name was invoked and you wanted to defend yourself Mr. Shapiro: We're talking about, no, we're talking about the standards. If they want to hold themselves to the same standards that we held ourselves to, don't increase density, don't increase FLR, and get association support, which is what we did when we came up with our plan. Vice Chair Russell: Thank you. Your comments are noted. Commissioner King: Mr. Chair? Mr. Chair? City of Miami Page 210 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: Yes. Commissioner King: Did I hear you correct in that FDOT hasn't signed off on your -- you are waiting to get -- Mr. Recio: That's correct, yeah. Commissioner King: And you said that you wanted to come back in January here? Mr. Recio: Yes, to second reading. Part of this process requires two readings, yes. Commissioner King: Okay, listen. I promised my constituents that 1 would bring a commonsense approach to government. There is no way that you are going to get a meeting with FDOT between now and January and the holidays if you don't already have a meeting scheduled. Commissioner Reyes: Absolutely. Commissioner King: You just -- you just -- you can't say that to us because we're just not going to buy it. And I've worked with FDOT in March, April, for them to get the study, digest the study, have an opinion, and get back to you so that you can get back to, that's not going to happen in January. That's just not going to happen in January. Mr. Recio: 1 respect that, Commissioner King, but just to clan fy, we have been working with FDOT for a long while, so this is already loaded up now. Commissioner King: But you just got this. Mr. Recio: If it's -- if it's easier to come back in March, we would do that. Commissioner King: Okay. I just want to have a realistic Mr. Recio: That's fine with us. Commissioner King: -- timeline as to when we could get this information and I'll just Vice Chair Russell: But Commissioner, they're not asking us to wait for that. They're asking us to make a decision now that's contingent on a later -- Commissioner King: Well, herein lies the problem because staff has said that we shouldn't make a decision based on a promise. Mr. Garcia -Pons: We cannot. Commissioner King: I mean. I have to take my direction from staff. Mr. Recio: I think staff cannot in terms of their analysis. I think that's what Mr. Garcia -Pons is saying. However, this Commission considers covenants and promises all the time. This is part of the process. Commissioner King: I would feel more comfortable if FDOT really weighed in. I'm just saying we should have a realistic timeline as to when we could expect some input from FDOT with this. City of Miami Page 211 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: Thank you. I'd like to bring all presentations to a close and to make sure everyone's been heard who needs to he heard. Mr. Recio, anything else to present? Mr. Recio: Just -- just one last statement and this is from BNA, the Biscayne Neighbors Association, represents 19 associations, 7,000 residents. They weighed in on this. They were very clear, and I don't want to mistake what they said. They said BNA is taking no position for or against this zoning change proposal at this time. Unlike other zoning text amendments presented near this area earlier this year, we believe the change being sought here will have minimal impact on the neighborhood. BNA does enthusiastically support the consideration of any solution that will help mitigate the horrible traffic situation on Northeast 38th Street and Biscayne Boulevard. That's -- Commissioner Reyes: How far is BNA? What's the address of the person that wrote that letter? Mr. Recio: BNA is on the other side of the highway. It is a number of associations. Commissioner Reyes: It's a number of associations, but it's closer to Downtown Miami. Mr. Recto: It has land that is close to -- Commissioner Reyes: Closer to -- Mr. Recio: -- south and all the way up to 36th Street. Commissioner Reyes: Okay, it's almost 10 o'clock, sir. Vice Chair Russell: Alright. Mr. Bash: 30 seconds, please. Vice Chair Russell: Mr. Bash, no more presentations, I apologize. But I do believe everyone has had their piece here stated. (COMMENTS MADE OFF THE RECORD) Mr. Hannon: My apologies, Chair. I do need to read this statement into the record. Vice Chair Russell: Yes. Mr. Hannon: Commissioners, the time is now 10: 00 p.m. Miami City Code Section 2- 33 states the City Commission meeting shall adjourn at the conclusion of deliberation of the agenda item being considered at 10: 00 p.m. unless the time is extended by unanimous agreement of the members of the City Commission then present. With this in mind, at the conclusion of deliberation of -- I'm going to use items PZ.3 and 4 since they're companion items and we've been discussing them together. The City Commissioners present on the dais must unanimously agree to extend the duration of the City Commission meeting or the meeting shall adjourn. Vice Chair Russell: Thank you, Mr. Clerk. So once this item is concluded, I will ask for a motion to extend. If there is not unanimous will to extend beyond that item, we'll be done for the night. There are two other items -- three other items after. City of Miami Page 212 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Carollo: I won't be able to stay beyond this item. 1 apologize. And for the record, I listen to every presentation, every word that has been spoken of this item at my office. Also, for the record my chief of staff met with your --1 think you and your representative, Mr. Bloomberg, is it? Mr. Recio: Yes, sir. Commissioner Carollo: Met with him. So, I want to put that on the record. Commissioner Diaz de la Portilla: And for the record, 1'd like to state that 1 also listened to the entire debate in my office. I move that we defer all items to December 9th. Vice Chair Russell: Including these two items? Commissioner Diaz de la Portilla: Everything. Vice Chair Russell: We're right at the moment (UNINTELLIGIBLE) -- Commissioner Carollo: I'm not willing, with so many things we have coming into the future, to defer this item. If we were going to defer, we should have deferred it earlier, and then we could have handled the other items. Commissioner Diaz de la Portilla: But we've heard all the testimony, right? So, we don't have to hear it again, is my point. Commissioner Carollo: Well, you're going to have to hear a lot more than that. It's in District 5. Commissioner Diaz de la Portilla: Yes. Commissioner Carollo: So, I'll defer to the Commissioner in District 5, but I'm ready. Vice Chair Russell: This item is in District 2. Commissioner Carollo: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: No, this is District 2, District 2. Commissioner Carollo: District 2. I'll defer to the Commissioner in District 2, but I'm of the opinion that we need to vote on this today. Commissioner Diaz de la Portilla: And we defer all the other items? Vice Chair Russell: That's what -- yes, it doesn't seem there's a will to go beyond this item so this would be the last item of the evening. Mr. Garcia -Pons? Mr. Garcia -Pons: Mr. Vice Chair, there is PZ.13 is an item that affects many potential projects, it's the property rights element. Vice Chair Russell: I'll take the official vote at the end of this item you can make your case. Mr. Garcia -Pons: Yes sir, thank you. City of Miami Page 213 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: -- I'm not feeling the will here as of yet, but 1 do want to take this up tonight. We owe it to our residents, and 1 know Commissioner Diaz de la Portilla, you're always a man of action when it comes to getting things done. Commissioner Diaz de la Portilla: Oh, absolutely. Absolutely. I also believe, let me tell you why. I served in Tallahassee for 16 years. We had debates that lasted until 2:00 or 3:00 in the morning. Bad decisions are made late at night. And I think people should have the ability to make good decisions. Butt agree this issue has been debated long enough and has been deferred many times. So, I'm going to vote on it today if you want to. l prefer that we do it time -certain on December 9th. 1 think better decisions are made, bright eyed and bushy tailed, I think. Better questions are asked along the way. But if you want to vote on it, I'll vote on it today. I prefer, I think better decisions are made -- Vice Chair Russell: Thank you -- Commissioner Diaz de la Portilla: -- (UNINTELLIGIBLE). Vice Chair Russell: -- I -- I would like to move forward, but before we take a vote, are there any other comments or questions from the dais for our staff or for the applicant? Commissioner Reyes: Yeah. 1 expressed my concern, and I was straightforward with the -- the applicant, (UNINTELLIGIBLE) and 1 agreed once with staff that if FDOT is planning to do -- I mean to improve that intersection, well, why are we going to act now? Wait until there's improvement and something happens, and then come back. That's it. Vice Chair Russell: Thank you. Thank you, Commissioner. Is there a motion on PZs 3 and 4? We'll take them together. Commissioner Carollo: I will present a -- proffer a motion to deny. Vice Chair Russell: There's a motion to deny. Is there a second? Commissioner Reyes: I'll second. Vice Chair Russell: Seconded by Commissioner Reyes. Mr. Recio: Pardon me, Mr. Chair, would that be with prejudice or without prejudice? Without prejudice would allow us to meet with our neighbors and try to come back to you with a more comprehensive solution, without prejudice and with a waiver, to be able to come back to you with a comprehensive solution with everybody in tow. Vice Chair Russell.: I don't believe we make that distinction in this body. Commissioner Reyes: No we don't. Commissioner Carollo: We do not. (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Carollo: This is not a court of law -- Commissioner Diaz de la Portilla: We're not a court. Commissioner Carollo: -- that we will dismiss or vote in a case with prejudice or without prejudice. City of Miami Page 214 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: But we do have procedures if -- if there is a no vote, that you have the ability to work with the neighborhood and reapply at some point. Mr. Recio: Right. Right. Vice Chair Russell: You know, what I think we're seeing here is a need to comprehensively look at a very difficult neighborhood and intersection. Mr. Recio: Right. Vice Chair Russell: And what Commissioner King brought about is a clear need for the current status to be alleviated and addressed. And it should be done from the professionals who are charged with doing so, being FDOT and the City together. We should be looking at this from a zoning perspective as a City, as a neighborhood, to see what's truly appropriate. I -- I -- the amount of opposition from surrounding homeowner's associations is significant. It just shows the concern. Obviously, we are weighing the facts of what's been presented to us from yourselves and our department, and there's a motion and a second to deny. Commissioner Diaz de la Portilla: To deny? Vice Chair Russell: To deny the applications. Commissioner Diaz de la Portilla: Procedural question. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: If it's denied, they have to wait 18 months before they bring up another application. Vice Chair Russell: Mr. Wysong? Commissioner Diaz de la Portilla: Is that correct? Mr. Garcia -Pons: 18 months. Mr. Recio: 18 months. Commissioner Diaz de la Portilla: They have to wait 18 months to bring the application before us again. Mr. Garcia -Pons: To reapply, yes. Commissioner Diaz de la Portilla: To reapply. Mr. Garcia -Pons: Right. Commissioner Reyes: Maybe by that time, FDOT had started some progress and some projects that could have (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: And Commissioner Russell won't be here either, by the way. Commissioner Reyes: And Commissioner Russell won't be here. Commissioner Diaz de la Portilla: Because he'll be gone. City of Miami Page 215 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 (COMMENTS MADE OFF THE RECORD) Commissioner Carollo: Maybe, maybe not. Commissioner Reyes: Maybe, maybe not. Commissioner Diaz de la Portilla: No, he's termed out, he's -- Commissioner Reyes: But -- Commissioner Carollo: When we do districts, he might run again. Commissioner Diaz de la Portilla: He might run again, right? Vice Chair Russell: In 18 months, I have a feeling the City Planning Department will be assessing this entire neighborhood and its needs and what's appropriate or not appropriate here. Mr. Recio: Mr. Chair, we had previously asked for a waiver of the 18-month period in the event something like this might happen. We have submitted a letter to the Planning Department. We'd like to reiterate that request just so that we can -- if we can find a solution by working with our neighbors, that we can come back to you with a more comprehensive solution for the neighborhood. Vice Chair Russell: I don't know if tonight is the appropriate moment for that waiver. Commissioner Carollo: (UNINTELLIGIBLE). Commissioner Reyes: (UNINTELLIGIBLE). Vice Chair Russell: If it -- when you -- Commissioner Carollo: We can't do it tonight. Commissioner Reyes: When you apply. Vice Chair Russell: Mr. City Attorney. It's -- Mr. Wysong. Mr. Recio: Yeah. It can only be granted by the Commission. Commissioner Diaz de la Portilla: Yes. Correct. Mr. Recto: The waiver request. We've sought it, we've asked for it. Vice Chair Russell: I know of the waiver request -- Commissioner Carollo: Not in (UNINTELLIGIBLE) -- Commissioner Carollo: Not in the same night. Not in the same meeting. Vice Chair Russell: -- but it is between upzonings. Commissioner Carollo: It can't be done. Mr. Garcia -Pons: Mr. Chair, we're not aware of that. I'm looking it up right now. There is the waiver of the time in between, not after there's a denial. I'm going to find City of Miami Page 216 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 the section. I believe it's 18 months and we don't have a waiver for that, but 1 will verify. Vice Chair Russell: That's my understanding. Commissioner Diaz de la Portilla: But the waiver of the 18 months is quite -- I -- just for procedural purposes, the waiver of the 18 months, if this is voted down today, could that be made immediately after? Vice Chair Russell: No, it doesn't exist. (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Diaz de la Portilla: Oh, there's not a way. That's why I'm asking. Mr. Wysong: There's no provision in the Miami 21 for a waiver is what we're saying. Commissioner Diaz de la Portilla: But -- Vice Chair Russell: There is a waiver of an 18-month waiting period between upzonings, if you are granted and you want to go beyond succession. Commissioner Diaz de la Portilla: Right, okay. Vice Chair Russell: Instead of T6-8, you wanted the next step, T6-12. Mr. Recio: There is that waiver. Vice Chair Russell: Yes. Mr. Recio: There's also a waiver -- Commissioner Diaz de la Portilla: Sure. Mr. Recio: -- the waiver applies to any of the time limitations in Subsection G of 7.1.2.8. Commissioner Diaz de la Portilla: That's correct. That's correct. That's correct. Mr. Recio: But it applies to any of the time limitations, including the one that it -- there's -- Vice Chair Russell: You've got them conferencing. Commissioner Diaz de la Portilla: They're looking it up and they'll find out the -- Mr. Recio: -- Number 7 -- Commissioner Diaz de la Portilla: I think you're correct, sir. I think Mr. Recio is correct. But these are the three lawyers now. Three lawyers get in a room, what happens? Vice Chair Russell: Three opinions. Commissioner Diaz de la Portilla: Three opinions. Sorry. Sorry. That's the only lawyer in the room. City of Miami Page 217 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: We have a lawyer on the dais again. Commissioner Reyes: Yeah, we have an attorney now. Commissioner Diaz de la Portilla: We have an attorney again. Oh my God. God help us all. Mr. Goldberg? Mr. Wysong: After jurther review. Commissioner Diaz de la Portilla: Yes, of course. Mr. Wyson: There is a provision in Miami 21 that says you can make a separate vote after the vote and -- Commissioner Diaz de la Portilla: Of course. Commissioner Reyes: Separate vote. Commissioner Diaz de la Portilla: Yes, that's what I said. After this is denied, which it probably will be, I'm going to vote -- Commissioner Carollo: But not in the same meeting. Mr. Wysong: Let me just read it. The time limit set forth in this Subsection G may be waived by a vote of at least three members of the City Commission when such action is deemed necessary to prevent injustice or to facilitate development of the City in the context of the adopted comprehensive plan or any portion thereof. Commissioner Reyes: Is that in the same meeting? It's in the same meeting or a different meeting? Commissioner Diaz de la Portilla: It doesn't say. Vice Chair Russell: It could be brought up later. Commissioner Diaz de la Portilla: Yeah. Commissioner Carollo: It could not be in the same meeting since it's not before us. Mr. Wysong.• It's not on the agenda. Right. Commissioner Carollo: It's not before us. Mr. Recto: If may, there is no -- this is not a motion for reconsideration. This is just a waiver of time limits. Commissioner Diaz de la Portilla: Right. Mr. Recto: There is no limitation in the Code regarding the timing of it, of when it can be done. It can be done at the same meeting. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Vice Chair Russell: I would bring that back, Mr. Recio. I think tonight, and the appetite is to have a definitive decision that the residents can count on. I think they've waited a long time on this issue, and they would like to see some closure. For us to simply waive our -- you know the potential future of based on our decision tonight City of Miami Page 218 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 would, just prolong their uncertainty of what's going on. I think a vote will be a vote tonight and then you can start working with the neighborhood and the Planning Department about the future because so many of the things that you would like to do, if they do come to fruition, could be very good for this neighborhood. And I -- I -- Commissioner Diaz de la Portilla: You could always come back and get the waiver. Vice Chair Russell: Yes, that's what I'm saying. Commissioner Reyes: In other -- in other words -- Commissioner Diaz de la Portilla: The war hasn't ended as a result. Commissioner Reyes: In other words, when you're ready to come back, come before us and ask for a waiver. Vice Chair Russell: And I've known everyone in this room that's speaking before us for the last six years. Mr. Bash, when I first got elected, Mr. Bloomberg, you've held these properties for a long time, and I know you have good intention here of what you're trying to do, and the outreach that you've been doing with the neighborhood, I see it's in earnest. You're trying to do something good, but there's so many hypotheticals tied to it that it's creating more stress for the surrounding residents that are opposing. They don't determine our decision, but their -- the result of their stress is because of all the hypotheticals. And that -- that -- that makes a very high bar, that what you needed to surpass today was a very high bar, because everything was working against you with the conditions you're presented with. But you do have a property that you can develop as of right. You do have improvements that you can make to the right-of-way. I mean, there's so much that can be done here. So, I know all is not lost for you and if you do wish to reapply, there is a process. But for now, we have a motion, we have a second. Is there any further discussion from the dais? All in favor of the motion say, "aye." Commissioner Carollo: Aye. Commissioner Reyes: Aye. Vice Chair Russell: Any opposed? Commissioner Diaz de la Portilla: No. Vice Chair Russell: Motion passes, unanimous. Mr. Bloomberg -- Commissioner Diaz de la Portilla: No. No. I voted no. Mr. Hannon: Chair I believe it was 4-1. Vice Chair Russell.• I apologize, it's 4-1. Commissioner Diaz de la Portilla: It's 4-1. Mr. Wysong: Yeah. Vice Chair Russell: You're -- Commissioner Diaz de la Portilla: I voted no. City of Miami Page 219 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Vice Chair Russell: You were in favor, okay, you just weren't happy that we were -- it's your -- Commissioner Diaz de la Portilla: I know. You don't understand -- Vice Chair Russell: It doesn't matter. Commissioner Diaz de la Portilla: There's a motion to deny. I'm against the motion to deny. Vice Chair Russell: Understood. Commissioner Diaz de la Portilla: Yes, that's a no. Ron Bloomberg: And I wanted to hopefully speak for one second before the motion was -- the action was taken. But 1 wanted to spend, if you could indulge me, one or maybe two minutes, Commission. The concept here that 1 was trying to achieve, and we all know that FDOT is a large juggernaut of a municipal -- quasi -municipal entity, State -run agency. The intent here was to seek the zoning change that was conditioned upon securing the FDOT approval. Now this is predicated upon five or six years of meeting with the district secretaries of FDOT. There have been three. This is the third one in in about five years. Admittedly, a great deal of the delays dealt with the traffic impact study that was tied up for the last 20 or so months, as a result of the fact that we could not get accurate readings due to the COVID situation. This was the dialogue that we and our traffic engineers had with FDOT. So, we were significantly delayed. It was not designed as an intentional ploy to create more time. It does us no good, me, the neighborhood, the Commission, and the staff that's been very patient trying to get this thing to go forward as well. And the thought process here with having a rescindable covenant that the City had the ability to terminate was one where we would have the perceived leverage, meaning me, as the applicant, private property owner, and the City, to try to get FDOT to make a more rapid decision. There's been record that was submitted by one of the parties that had intervener status from the senior engineer from FDOT, who we've been meeting with for six years, who has specifically stated that the 112 extension from I-95 to Miami Beach is a committed project and that they've studied and continue to study the present road capacity right now, but have not -- have not considered any right-of-way acquisition. And so, one of the things that they have been specifically encouraged -- intrigued and encouraged by, was the fact that we were granting this land to them to avoid what could be a very costly and timely eminent domain process. And that was what was interesting. So, the thinking here was that if the approval could be ascertained, conditional upon them getting that and being able to make those decisions quicker, we, the City and myself, would have a much better opportunity to persuade FDOT to take this seriously because this proffer of free land was not going to be something that's around forever. Vice Chair Russell: Understood. Mr. Bloomberg: And we felt and we thought we'd put on a presentation, by no means was the proposition of all the improvements that we're proposing something that we know with certainty is going to be approved, but it's a suggestion to FDOT, and they've liked it, and they want to get it to their engineers. And now that they have the traffic study, it has been disseminated with material that's been presented for the record as recently as Monday, letting us know that this traffic study has been disseminated to their multiple departments, and they promised us they would get back comments before the end of the year. Now, I don't know how reliable their promise is, but they are aggressively looking at it as we speak. And so, you know, again, the idea here is that we -- and I own the property, a piece of the property across the street. The tragic conditions are not getting any better. We know that there's going to be City of Miami Page 220 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 tremendous as of right developments west and south and north. We think we've addressed a lot of those, both -- both from a structural standpoint as well as from an empirical standpoint. And, you know, perhaps there may be some opportunity for some reconsideration, you know, in that light. And I'll also, you know, don't mind mentioning that I feel it's somewhat disingenuous of the Design District to be -- to be spreading disinformation about these properties when they are aggressively taking a position to acquire these properties from other entities that I'm involved with. Vice Chair Russell: We don't need to go there. Mr. Bloomberg: I know we don't, but I wanted to mention it. It's disingenuous at best, but that aside, the idea here is that there's very limited situations where the City has the ability to exert leverage on a State agency for the better improvement of a property and if it comes with the improvement of a few extra residential units and public safety, which the City has no jurisdiction over lighting, over speed ramps, over sidewalks, or anything on 38th Street, announce a jurisdiction. And the residents will tell you that they've contacted FDOT, and they haven't done any improvement on 38th Street. They haven't done any lighting improvement. We've had meetings with the Point Bay North Homeowners Association. They've echoed their concerns to us. We're proposing all of that as part of this. So, thank you for giving me a few moments of time, Commissioners. I don't know if there's any ability to have some element of -- of reconsideration here. I'm going to continue to try my efforts. I'm not going anywhere on this. I think it's warranted. 1 think there's a way to do some amazing improvements. Our urban planners that this City has used to do massive and major, beautiful, wonderful improvements to this city are on my team and they're committed. Vice Chair Russell: Thank you. Mr. Bloomberg: So, I'll continue to be committed. I want to thank you all for your time, your patience. It's a late night. Thank you very much. Vice Chair Russell: Thank you. No, your sincerity Mr. Hannon: Chair, my apologies, can I get the speaker's name? Vice Chair Russell: Mr. Ron Bloomberg. Mr. Hannon: Say again? Vice Chair Russell: Ron Bloomberg. Mr. Bloomberg: Excuse me. Ron Bloomberg. I am, the Principal of Magnolia Holdings 38th Street, LLC. Vice Chair Russell: For the record. Mr. Bloomberg: Apologies. Thank you. Vice Chair Russell: Thank you very much. Mr. Recio: We appreciate your time and consideration. Vice Chair Russell: Yes. No, thank you all for tonight. So now -- and I would like to give direction, it won't be an actionable item, to Planning to please bring back something that we can -- a resolution directing the Planning Department and the City Manager to analyze this area for how we can work together with FDOT to improve this flow and study the planning of the entire area. Because I think if anything's ever City of Miami Page 221 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 going to come hack, it should be a comprehensive look at the neighborhood and anything we should do should improve things not make them worse. 1 would like to entertain a motion to extend this meeting. Is there a motion to extend this meeting for the last three items after this? Hearing none, motion dies and we are adjourned. Everyone, so the remaining items will get continued to the next meeting. Mr. Hannon: Yes sir. Vice Chair Russell: Alright. Thank you very much everyone for your advocacy. I really appreciate it. It's been a year serving as your acting chair. I will be stepping down after this meeting. The Mayor may or may not appoint a new chair, but for lack of that, 1 believe this body can share this gavel, and -- Commissioner Diaz de la Portilla: Thank you. Vice Chair Russell: -- it's been an honor. Commissioner Diaz de la Portilla: And more important, Happy Thanksgiving. Vice Chair Russell: Happy Thanksgiving, everybody. Commissioner Carollo: Hold on, were you informed? Commissioner Reyes: 1 hope that you remain our Chair. Commissioner Diaz de la Portilla: And we have -- and Commissioner Carollo, we have more food. We have a whole bunch offood in my office, if you're still hungry. Commissioner Carollo: I'm out. Commissioner Diaz de la Portilla: We carved all the turkeys, and they're good to go. City of Miami Page 222 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 PZ.4 ORDINANCE First Reading 4545 Department of Planning PZ.5 9385 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: Deny RESULT: DENIAL PASSED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, King NAYS: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PZ.4, please see "Public Comments for all Item(s)." ORDINANCE MAY BE DEFERRED First Reading Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING and Mayor - PZ ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING ARTICLE 2, SECTION 2.2.1.3 AND SECTION 2.2.2 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: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, King Note for the Record: Item PZ.5 was continued to the December 9, 2021, Citj Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.5, please see "Order of the Day." City of Miami Page 223 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 PZ.6 RESOLUTION 8718 MAY BE DEFERRED Office of Zoning A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT AFFIRMING/REVERSING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-21-009 REVERSING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "DENIAL OR REVOCATION OF CERTIFICATE OF USE", AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PERMITTED USES", FOR THE PROPERTY LOCATED AT APPROXIMATELY 90 NORTHEAST 11 STREET, MIAMI, FLORIDA ("PROPERTY"), AND AFFIRMING/REVERSING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PZ.6 was continued to the December 9, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.6, please see "Order of the Day." City of Miami Page 224 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 PZ.7 10665 Commissioners and Mayor - PZ ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 3, SECTION 3.6.9, TITLED "GENERAL TO ZONES/OFF-STREET LOADING REQUIREMENTS", AND ARTICLE 4, TABLE 4, TITLED "STANDARDS AND TABLES/DENSITY, INTENSITY AND PARKING (T6)", TO PROVIDE FOR OFF -SITE LOADING WITHIN AN ESTABLISHED DOWNTOWN FLAGLER PARKING DISTRICT AREA BY PROCESS OF WAIVER IN CERTAIN T6 TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14034 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, King Note for the Record: For additional minutes referencing Item Number PZ.7, please see "Public Comments for allltem(s)." Vice Chair Russell: Companion item PZ.7, please read it into the record, please. Victoria Mendez (City Attorney): PZ.7. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell.: All in favor? Any comments? Todd B. Hannon (City Clerk): Who's the mover? Commissioner Reyes: Move it. Ms. Mendez: There's an amendment. Commissioner Carollo: I'm sorry which one is this? Vice Chair Russell: This is a companion item to the last one, it's PZ.7, moved by Commissioner Reyes, seconded by the Chair. Ms. Mendez: And there was, I believe, an amendment by Commissioner Reyes to evaluate, re-evaluate this every couple years. Commissioner Reyes: Every two years we're going to re-evaluate the -- Ms. Mendez: Every two years. Commissioner Reyes: Every two years. Ms. Mendez: Oh, that was done in 35? Okay, never mind, but it's in the other legislation, it's fine. City of Miami Page 225 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 Commissioner Reyes: Okay. That was in the other one. Thank you. Vice Chair Russell: All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion carries. Commissioner Reyes: Mr. Chair, now that we've passed it, I have a message. Okay? We did all -- we went -- first of all I want to thank the Planning Department. 1 want to thank, really thank, Downtown Development Authority, and our Legal Department because this, all this legislation, it is to promote development in Flagler Street. You see, we went, and I was brought to my attention by attorneys and by developers that there were some impediments, according to Miami 21, that it was an obstacle to development. And we are working together -- working together, we developed this legislation that we hope will promote development there. But now my message is the following. For those that were, I mean, they were using that excuse for -- or those property owners that used that excuse for not rehabbing and redeveloping their buildings. Well, now you got it. Start building. Start building. Start developing Downtown Miami. You own the property, go -- just go right ahead. Miami 21 is no more in the way. Now start doing it. Vice Chair Russell: Thank you, Commissioner. PZ.8 ORDINANCE Second Reading 10773 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY AMENDING ARTICLE 3, SECTION 3.3.3, TITLED "WATERFRONT STANDARDS", ARTICLE 3, SECTION 3.11, TITLED "WATERFRONT STANDARDS", ARTICLE 5, SECTION 5.5, TITLED "URBAN CENTER TRANSECT ZONES (T5)", AND ARTICLE 5, SECTION 5.6, TITLED "URBAN CORE TRANSECT ZONES (T6)", TO GRANT FLEXIBILITY REGARDING WATERFRONT BUILDING SETBACK REQUIREMENTS IN CONJUNCTION WITH RECENT AMENDMENTS TO APPENDIX B, TITLED "WATERFRONT DESIGN GUIDELINES"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. rRESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PZ.8 was continued to the December 9, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.8, please see "Public Comments for all Item(s)." City of Miami Page 226 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 PZ.9 ORDINANCE Second Reading 9429 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY FURTHER AMENDING ARTICLE 1, TITLED "DEFINITIONS," AND ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS," TO PROHIBIT GAMBLING FACILITIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, King Note for the Record: Item PZ.9 was deferred to the January 27, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.9, please see "Order of the Day." City of Miami Page 227 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 PZ.10 ORDINANCE First Reading 6608 MAY BE DEFERRED Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Planning ORDINANCE NO. 10544, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, AS AMENDED, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "PUBLIC PARKS AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF A PORTION OF REAL PROPERTY AT 5175 AND 5035 NORTHEAST 2 AVENUE, AND FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF A PORTION REAL PROPERTY AT 5175 AND 5035 NORTHEAST 2 AVENUE AND ALL OF 5125 NORTHEAST 2 COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, King Note for the Record: Item PZ.10 was deferred to the January 27, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.10, please see "Order of the Day." City of Miami Page 228 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 PZ.11 ORDINANCE First Reading 6117 MAY BE DEFERRED Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION Planning PURSUANT TO ARTICLES 3 AND 7 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY REZONING CERTAIN PARCELS FROM "T5-O", URBAN CENTER -OPEN, AND "T5-R", URBAN CENTER -RESTRICTED, TO "CS", CIVIC SPACE, AND "T6-8A-O", "T6-8B-O", AND "T6-12-0", URBAN CORE -OPEN, FOR THE DEVELOPMENT OF APPROXIMATELY 25.97 ACRES (1,131,253 SQUARE FEET) FOR THE "SABAL PALM VILLAGE SPECIAL AREA PLAN" ("SAP") GENERALLY LOCATED AT 5175 NORTHEAST 2 AVENUE, 5035 NORTHEAST 2 AVENUE, AND 5125 NORTHEAST 2 COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", CONSISTING OF A PHASED PROJECT DIVIDED INTO A MAXIMUM OF FOUR (4) PHASES WHICH INCLUDE APPROXIMATELY 2,929 RESIDENTIAL DWELLING UNITS, 400 LODGING UNITS, 168,011 SQUARE FEET OF OFFICE SPACE, 296,297 SQUARE FEET OF COMMERCIAL SPACE, 43,760 SQUARE FEET OF SPECIAL TRAINING/VOCATIONAL SCHOOL, AND 4,782 PARKING SPACES; MODIFYING THE TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS AND WHERE A REGULATION IS NOT SPECIFICALLY MODIFIED BY THE SAP, THE REGULATIONS AND RESTRICTIONS OF THE MIAMI 21 CODE APPLY; THE SQUARE FOOTAGE NUMBERS ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT BUT SHALL NOT EXCEED 5,899,658 SQUARE FEET OF TOTAL DEVELOPMENT AND SHALL CONTAIN A MINIMUM OF 195,272 SQUARE FEET OF CIVIC SPACE AND A MINIMUM OF 248,923 SQUARE FEET OF OPEN SPACE; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, King Note for the Record: Item PZ.11 was deferred to the January 27, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.11, please see "Order of the Day." City of Miami Page 229 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 PZ.12 ORDINANCE First Reading 6118 MAY BE DEFERRED Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, FLORIDA STATUES, BETWEEN SPV REALTY LC AND THE CITY OF MIAMI ("CITY") RELATING TO THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF NET 22.47 ± ACRES FOR THE SABAL PALM VILLAGE SPECIAL AREA PLAN ("SPV SAP") COMPRISED OF AN ASSEMBLAGE OF PARCELS LOCATED AT APPROXIMATELY 5175 NORTHEAST 2 AVENUE, 5035 NORTHEAST 2 AVENUE, AND 5125 NORTHEAST 2 COURT, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF REDEVELOPMENT OF LAND FOR MIXED USES; AUTHORIZING USES INCLUDING, BUT NOT LIMITED TO, RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, PARKING, AND ANY OTHER USES AUTHORIZED BY THE SPV SAP AND PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN — FUTURE LAND USE MAP DESIGNATION AND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, King Note for the Record: Item PZ.12 was deferred to the January 27, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.12, please see "Order of the Day." City of Miami Page 230 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 PZ.13 ORDINANCE First Reading 10761 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI Department of Planning COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS SUBJECT TO SECTION 163.3184, FLORIDA STATUTES, BY ADDING A PROPERTY RIGHTS ELEMENT AS REQUIRED BY SECTION 163.3177(6)(i)1, FLORIDA STATUTES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. PZ.14 10770 Commissioners and Mayor - PZ RESULT: NO ACTION TAKEN Note for the Record: Pursuant to Chapter 2, Article II, Section 2-33(k), Miami City Code, item PZ.13 was continued to the December 9, 2021, City Commission Meeting. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO AMEND APPENDIX C — MIDTOWN OVERLAY DISTRICT, SECTION 627.1.6, TITLED "BUILDING PLACEMENT AND BUILDABLE AREA", AND SECTION 627.1.7, TITLED "MAXIMUM HEIGHT, BUILD -TO, MINIMUM SETBACK AND USE REQUIREMENTS"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, King Note for the Record: Item PZ.14 was continued to the December 9, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.14, please see "Order of the Day." END OF PLANNING AND ZONING ITEM(S) City of Miami Page 231 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 FL - FUTURE LEGISLATION FL.1 10771 Department of Planning ORDINANCE 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"), SPECIFICALLY BY AMENDING ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS", TO PROVIDE CLARIFICATION AND ADDITIONAL STANDARDS REGARDING OUTDOOR DINING AND OPEN AIR RETAIL; ALLOWING OUTDOOR DINING BY RIGHT IN CERTAIN CIRCUMSTANCES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 232 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 NA.1 11085 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION IN SUPPORT OF GOVERNOR RON DESANTIS' PROPOSAL TO ALLOCATE TWENTY-FIVE MILLION DOLLARS ($25,000,000.00) OF FUNDING TO INVEST IN URGENT STRUCTURAL REPAIRS TO THE FREEDOM TOWER; URGING THE LEADERS AND MEMBERS OF THE FLORIDA LEGISLATURE TO APPROVE THE PROPOSAL WITH THE FUNDING ALLOCATION FOR THE FREEDOM TOWER; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS LISTED. ENACTMENT NUMBER: R-21-0460 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, King Note for the Record: For additional minutes referencing Item Number NA.1, please see "Order of the Day." Vice Chair Russell: And then let's take up the SR (Second Reading), no, let's knock out the PI (Pocket Item) agenda as well because those should be relatively easy. This is all of the pocket items, including the Freedom Tower event, waiver of the Christmas event -- Commissioner Carollo: Move. Commissioner Diaz de la Portilla: Move. Commissioner Reyes: Second. Vice Chair Russell: -- the New Year's event, police expenses. Moved by Commissioner Carollo, seconded by Commissioner Diaz de la Portilla. Any further discussion from the dais? All in favor say, "aye. The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on the PI. City of Miami Page 233 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 NA.2 11086 City Commission NA.3 11087 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TWO (2) TEMPORARY EVENT LIMITATION PER YEAR FOR THE PRIVATE PROPERTIES LOCATED AT 3701 NORTHWEST 7 STREET, 2500 NORTHWEST 7 STREET, 1894 SOUTHWEST 8 STREET, AND 3250 SOUTH DIXIE HIGHWAY, MIAMI, FLORIDA PURSUANT TO SECTION 62-521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "TEMPORARY EVENTS IN GENERAL", TO ALLOW FOR THE SALE OF CHRISTMAS TREES AND LEGAL FIREWORKS AT 3701 NORTHWEST 7 STREET, MIAMI, FLORIDA FROM NOVEMBER 20, 2021 THROUGH DECEMBER 31, 2021, AND AT 2500 NORTHWEST 7 STREET, 1894 SOUTHWEST 8 STREET, AND 3250 SOUTH DIXIE HIGHWAY, MIAMI, FLORIDA FROM DECEMBER 1, 2021 THROUGH DECEMBER 31, 2021. ENACTMENT NUMBER: R-21-0461 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, King Note for the Record: For minutes referencing Item Number NA.2, please see "Order of the Day" and Item Number NA.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING AND APPROPRIATING LEGALLY AVAILABLE FUNDS FROM SPECIAL REVENUE FUND 15500, IN A TOTAL AMOUNT NOT TO EXCEED $100,000.00, TO THE BAYFRONT PARK MANAGEMENT TRUST FOR THE NEW YEAR'S EVE CELEBRATION. ENACTMENT NUMBER: R-21-0462 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, King Note for the Record: For minutes referencing Item Number NA.3, please see "Order of the Day" and Item Number NA.1. City of Miami Page 234 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 NA.4 11088 City Commission NA.5 11095 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TRANSFER BUDGETED GENERAL FUND DOLLARS FROM MINOR OBJECT CODE (552100) SAFETY SUPPLIES TO (664000) MACHINERY AND EQUIPMENT IN THE AMOUNT OF $96,240.74, PURSUANT TO THE DIRECTIVE CONTAINED IN RESOLUTION NO. 21-0408, TO BE UTILIZED BY THE DEPARTMENT OF POLICE; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE OR HIS DESIGNEE TO IMPLEMENT THE TRANSFERS. ENACTMENT NUMBER: R-21-0463 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, King Note for the Record: For minutes referencing Item Number NA.4, please see "Order of the Day" and Item Number NA.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER CHRISTINE KING AS CHAIRPERSON OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY. ENACTMENT NUMBER: R-21-0469 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, King Vice Chair Russell: Alright. Thank you all for your patience. Commissioner King: Mr. Chair. Vice Chair Russell: You're very recognized. Commissioner King: If I may, there's a vacancy now with the Overtown CRA (Community Redevelopment Agency) and I'd like the board to take it up because there's a CRA meeting scheduled for the break, and historically the District 5 Commissioner is the Chair. Commissioner Carollo: So moved. Commissioner Diaz de la Portilla: I will move that as a pocket item. Commissioner Carollo: So moved. Commissioner Diaz de la Portilla: I second that. City of Miami Page 235 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 NA.6 11090 City Commission Commissioner King: Thank you. Vice Chair Russell: 1 don't think you're going to have a problem. 1 think there's a motion and a second to appoint Commissioner King as the Chair of the Overtown CRA. Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: I was waiting until later. Vice Chair Russell: Is there any further discussion? All in favor say, "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 20-0297, ADOPTED SEPTEMBER 24, 2020, WHICH EXTENDED THE CITY OF MIAMI'S MOTORIZED SCOOTER PILOT PROGRAM ("PILOT PROGRAM") UNTIL THE EXECUTION AND ROLLOUT OF THE PERMANENT MOTORIZED SCOOTER PROGRAM OR UNTIL THE END OF THE PILOT PROGRAM PERIOD ESTABLISHED BY SECTION 2-33(C)(9) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO END THE MOTORIZED SCOOTER PILOT PROGRAM, INCLUDING BUT NOT LIMITED TO REJECTING ALL PENDING APPLICATIONS, RENEWALS, OR EXTENSIONS OF PERMITS. ENACTMENT NUMBER: R-21-0464 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Diaz de Ia Portilla, Carollo, Reyes, King NAYS: Russell Note for the Record: For minutes referencing Item Number NA.6, please see Item Number FR.3. City of Miami Page 236 Printed on 07/03/2024 City Commission Meeting Minutes November 18, 2021 NA.7 11104 City Commission ADJOURNMENT RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SETTING FORTH THE REDISTRICTING CRITERIA TO BE EMPHASIZED WHEN DRAFTING THE REDISTRICTING PLAN; DIRECTING THE REDISTRICTING CONSULTANTS TO PREPARE THREE (3) REDISTRICTING MAPS DEPICTING THE PROPOSED CHANGES TO THE CITY COMMISSION DISTRICTS; AND FURTHER DIRECTING THE REDISTRICTING CONSULTANTS TO REPORT BACK TO THE CITY COMMISSION AT THE DECEMBER 9, 2021, CITY COMMISSION MEETING. ENACTMENT NUMBER: R-21-0485 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, King Note for the Record: For minutes referencing Item Number NA.7, please see Item Number DI.1. The meeting adjourned at 10:19 p.m. City of Miami Page 237 Printed on 07/03/2024