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Home My WebLink AboutCC 2021-11-29 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com * INCORPRRATED * 1808 � u 1 Meeting Minutes Monday, November 29, 2021 9:30 AM Special 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 29, 2021 9:30 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Diaz de la Portilla, Commissioner Russell, Commissioner Reyes and Commissioner King Absent: Commissioner Carollo On the 29th 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 special session. The Commission Meeting was called to order by Chair Diaz de la Portilla at 10:45 a.m., and adjourned at 1: 08 p.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Commissioner Diaz de la Portilla: Here comes the judge. Thank God it's only temporary. I'll probably give it back to you, Commissioner Russell, pretty soon. This is not what you want to do. It's a little hot potato, right? So, todav's special meeting has been called for the purpose of discussing the implementation of a new scooter program for motorized scooters in the City of Miami with updated safety measures and to take any and all actions, including the adoption of any pertinent resolutions regarding the same. The members of the City Commission participating in the Special Commission Meeting are Commissioners Ken Russell, Commissioner Joe Carollo, Commissioner Manuel Reyes, newly elected Commissioner Christine King, and myself Alex Diaz de la Portilla. Also appearing, but he walked out on me to go to a more important meeting, apparently, is Art Noriega, but we have Zerry in his place, City Attorney Victoria Mendez, and of course, our City Clerk, Todd Hannon. The opening -- the meeting will be opened with a prayer by Commissioner Manolo Reyes. For a prayer, sir, as you're the best at that. Please stand. Invocation delivered. Commissioner Diaz de la Portilla: The Pledge of Allegiance will be led by newly elected Commissioner Christine King. Pledge of Allegiance delivered. Commissioner Diaz de la Portilla: Thank you, Commissioner -- Commissioners. ORDER OF THE DAY Commissioner Diaz de la Portilla: Madam City Attorney, please state the procedures to follow during this meeting. Victoria Mendez (City Attorney): Thank you. 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 the related City requirements jrolobbyists before appearing before the City Commission. Any person may not lobby a City official, board member, or staff member until registering. A copy of this code section about lobbyists is available at the City Clerk's Office or online at www.municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the appropriate disclosures required by the City Code in writing, a copy of this code section is available at the Office of the City Clerk or online at City of Miami Page 1 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 www.municode.com. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action pursuant to Section 2-8 of the City Code. The material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at 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. The public comment will begin at approximately 10:30 and remain open until closed by the Chair. Members of the public wishing to address the body may do so by submitting comments via the online comment 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 the elected officials and City Administration throughout the day so that the elected officials can consider the comments prior to making any decision. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to the elected officials up until the Chair closes the comment. Public comment may also be provided live at City Hall, located at 3500 Pan American Drive, Miami, Florida, subject to any and all City rules as they may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. The person -- any person with a disability requiring assistance, auxiliary aids, and services for this meeting may notes the City Clerk. The City has provided different public comment methods to indicate, among other things, the public's support, opposition, or neutrality on the items and topics to be discussed at the City Commission meeting 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 been generally briefed by City staff on items on the agenda today. Anyone wishing to appeal any decision from the City Commission may need a verbatim record of the item. A video of this meeting can be requested in the Office of Communications or viewed online at www.miamigov.com. 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 for City of Miami residents. The broadcast will also have closed captioning. Thank you. Commissioner Diaz de la Portilla: So, you took half my script. The ending is mine. Yes, that's okay. We'll fix it next time, if there's a next time. City of Miami Page 2 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 PUBLIC COMMENTS FOR ALL ITEM(S) 11148 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE NOVEMBER 29, 2021 SPECIAL CITY COMMISSION MEETING. RESULT: PRESENTED Commissioner Diaz de la Portilla: You're recognized, sir. Grant Stern: Thank you. My name is Grant -- Commissioner Diaz de la Portilla: We have public comment open, correct? Is that correct, Todd? Okay. Todd B. Hannon (City Clerk): Yes, sir. Commissioner Diaz de la Portilla: Teach me how to chair, because I'm not sure how Miami chair works. Mr. Hannon: No, but it was good to reiterate to everyone in the chambers that the public comment period is now open so they may approach the podium. Commissioner Diaz de la Portilla: You're recognized, sir. Mr. Stern: Thank you. My name is Grant Stern. 1 reside at 425 Northeast 22nd Street. I'm a resident. And I'd like to bring up the three words that have been entirely missing from this debate, which is quality of life, residents' quality of life. I would say that this program has been mishandled by the Commission, excluding Commissioner King, she's new. It has been mishandled by the Commission since the beginning, specifically by its greatest champion. I went to a meeting with the Senator, and we were at 50 Biscayne, and he was telling us about the benefits of geofencing while we watched people on the wrong side of the geofence. Commissioner Diaz de la Portilla: The Senator being -- which Senator? Mr. Stern: I'm sorry, future Senator Russell. Commissioner Diaz de la Portilla: Oh, I'm sorry, okay. Mr. Stern: And he was telling us about the benefits of the geofencing program and how it would prevent people from riding in parks while we watched maybe 50 riders that were in a park from the window during the meeting. And I hold Commissioner Russell to his own words from that day, that there are three things that are needed for the scooter program to be effective, safety, rider education, and dedicated lanes. We have none of those right now. And it's unfortunate. But on the flip side, they have managed to fix some of the problems by slowing the scooters down to 10 miles per hour, by putting stickers saying that there are fines. I don 't see any problem with the police enforcing any of these laws because, frankly, they are not very efficient at enforcing quite many laws. And I'mnot the only person here that has watched a car violate a traffic law and then drive away. It just happened to me this weekend. So, I think that there's arguments on both sides, but what I'm really disappointed in is the City of Miami Page 3 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 City's handling of this whole situation overall. You know, pulling the whole program without any comment and then having us all run out here today for comment. Why? Couldn't this have just been done in the regular course of business? It would have had the same effect. So, I think that it's something that belongs in the city of Miami, but it needs to be looked at more carefully. And I really want to see more of a focus of quality of life. I never hear those three words from anybody sitting on the dais. And that's really all we care about as residents. The old program eroded our quality of life. The new program is a little bit better, but it could still use a whole lot of work. But it does belong in the city. Thank you. Commissioner Diaz de la Portilla: Thank you, Mr. Stern. Sir, you're recognized. Pablo Manuel Munoz: Yes, good morning. Commissioner Diaz de la Portilla: Good afternoon, I think it's 12. Mr. Munoz: Good afternoon at this point, Commissioners. Commissioner Diaz de la Portilla: We made it to lunchtime. Mr. Munoz: I'm going to go read from a prepared statement that I had this morning, just in response to -- it appears Commissioner Reyes is looking to head out and make this vote happen quickly, so I just wanted to put a little bit of a statement out there. My name is Pablo Manuel Munoz. I'm a service mechanic for Lyft Scooters here in Miami. I'm here to speak in support of the City's electric scooter program. First, my work is important to ensure the safety of the scooter program here in Miami. As a service mechanic, I am responsible for making sure that every one of my company's scooters is safe for riders. From before they are deployed to when they come back in for checkups, I help develop and oversee a detailed triage process and an all - encompassing quality control inspection. But also importantly, my work is critical to helping the people of Miami move around in the city in a sustainable, low -impact, and efficient manner. I am a graduate of Palmetto Senior High School and Florida International University. As a student, I rode my longboard or bicycle all eight years in a city not designed for bikes. Now as a citizen, I ride my bike or use public transportation every chance I get. There are many people like me that either choose to take alternative mobility modes or just don't have that option. The scooter program has really helped the almost 40 percent of our riders that don 't own or have access to a car carry out their daily tasks like going -- commuting or running errands. Many of these riders combine scooters with other modes like transit and walking. And with this mix, they're able to get by in a city that has historically prioritized cars. Thanks to your leadership, this program can help Miami transition into a city of the future we want it to be. One that is affordable, accessible, and sustainable and will continue to be one of the most diverse places in the country. I urge you to please re -implement the e-scooter program so that hundreds of thousands of Miami scooter riders can have their mobility choice back and personally so that all of us can get back to work. Thank you. Commissioner Diaz de la Portilla: Thank you, sir. Good afternoon. Zachary Patterson: Good afternoon. Good morning, actually, or afternoon. Commissioner Diaz de la Portilla: Afternoon. Mr. Patterson: Two minutes in the afternoon, Commission. My name is Zachary Patterson. I live at 729 Northwest 2nd Street in Little Havana. I'm also an engagement manager for Bird Rides, but I do want to remind everybody that we are not a bunch of Californians. We do live in the city of Miami and we are your City of Miami Page 4 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 constituents as well. And I am also in favor of re -implementing our pilot program here in Miami. Although we are employed by these companies, we are residents and we expect our government to make good decisions for us. There are two major concerns that I have with our ending of this program. The loss of this pilot program means that fewer of us have ways to get around the city, more of us have to drive in cars, pollute our town, and the city of Miami is going backwards and not forward in its effort to modernize. In fact, the Miami Herald found that over 4,000 Miamians, 80 percent of respondents wanted the program back in the city. Those are constituents in all of your districts. However, a temporary reduction in this program's ability for us to have mobility in the city is not the only detriment or not the most stark. Over 150 Miami workers in your districts lost their jobs when that decision was made. These are people who had to go home and tell their husbands and wives and kids that they didn't know if they were going to pay rent in December, they don't know if they're going to have presents under the Christmas tree this year, and they don't know if they're going to be able to pick up their medication. Some of us had to have those calls and tell people that their jobs were not going to be in the city of Miami at this time. There's very few decisions that people can make in government that can impact people's lives in one day, and today each of you have the ability to ensure that 150 Miami workers have their jobs back for Christmas. Please make that decision today. Commissioner Diaz de la Portilla: Thank you, sir. You're back. I'll give you another couple minutes. You're recognized. Jose Felix Diaz: I am. I have some prepared comments. Jose Felix Diaz, represent -- Commissioner Diaz de la Portilla: And that's because you were, you know, a former colleague. A former colleague, you know, in Tallahassee, what can we do? Well give him one minute. One minute. Commissioner Reyes: One and a half. Commissioner Diaz de la Portilla: One and a half Okay, you got one and a half -- Mr. Diaz: I'll speak quick. Commissioner Diaz de la Portilla: -- Representative. Mr. Diaz: Jose Felix Diaz, I've been involved with this program from the beginning, and I could speak to some of the things that you mentioned. Commissioner King, in order to ride the scooters, you do need to have a driver's license. And there's actually been a lot of investment into technology from when the program started to now. Millions of dollars have been spent to make these scooters safer. And if you look at the responses that every one of these scooter companies did, you 're going to see that there, a lot of things that they can do to make them even stronger. So, instead of having a one-time scan at the beginning of the application, if you want to have kids not ride scooters, you can make whoever's riding the scooter scan their ID every time they ride it. And that will increase the likelihood that the kids won't ride it. Commissioner Russell touched upon the fact that the early stages of the program involved sidewalks. That was statutory. The state of Florida specifically allowed and said that scooters could be ridden in sidewalk and sidewalk areas. And that's one of the reasons the program started that way. And I do remember early on, Commissioner Russell had concerns about certain parts of the Grove not having sidewalks or sidewalk areas or bike paths and the fears behind that. But you know, four million rides later, we've seen very few accidents. And Commissioner Reyes, you mentioned, you know, not adding more fatalities. But what has happened here is a lot of rides have switched from car rides to scooter rides. And the numbers show that there is a way to do it safe and there's a way to make it even safer. And there's no way to City of Miami Page 5 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 quantify if maybe some of those rides that there had been a car instead might not have been a car accident. Because when you're going 70 miles per hour or 60 miles per hour in a car, the chance that there's a horrible accident could be worse. I'll finally leave off with this, which is whatever you do today, the only thing I ask is that it not be something that's immediately injected into the RFP (Request for Proposals) process because we're going to be testing all these new safety measures to see if they work. And if they don 't, we'll come to the table, you'll come to the table, and together we'll come up with a solution that will work for everybody. But just know that we are ready to work with you and make this the safest program in America. Commissioner Diaz de la Portilla: Thank you, Representative. You're recognized, ma'am. Good afternoon. Desiree D 'Souza: Good afternoon. Hello, everybody. I'm a nobody. Commissioner Diaz de la Portilla: Everybody's somebody here, ma'am. Ms. D'Souza: A resident, a resident who is 110 percent with the gentleman sitting there. My name is Desiree D 'Souza. I live in the downtown neighborhood, Mr. Russell 's district, District 2. The amount of fatalities that are unreported, I know. Let me tell you, sir. Not only are the scooters a hazard to us, but the people here who pick up those scooters around the riverwalk, non -vehicular traffic, opposite direction my building is right there. There are kids, there are dogs. Let me tell you, sir; 1 come here with heart. 1 don't come here with the thought of money. His point, zero safety. If people in Miami don't wear a seatbelt, you think they're going to ride a scooter with a helmet? Please, sir, understand this. I work with the police. I worked with Ken Russell's office. My niece was -- arrived -- this is personal. My niece arrived from New York City, was bashed down to the sidewalk, 5'8". The kid was 12 year old. He was a 12 year old. They threaten us, they threaten our dogs, they threaten everything. Like he said, they believe they have the right-of-way. That's all I'm here to say is think before you'll think of money. Where's the safety issue for us? We are paving the taxes. We are paving the taxes. Do our taxes go down? No, they only go up. Are you guys paying for the medical part of the people injured? Y'all are not. It goes back to them and it conies back to me. It comes back to me. And I'm addressing everybody in this room because I have no fear. Commissioner Diaz de la Portilla: Thank you. Ms. D'Souza: I'm a clean resident, never had a parking ticket in my life. There is no regulation in Miami -Dade. If they cannot regulate traffic, if the MPA (Miami Parking Authority) in the Intercontinental Hotel is allowing double and triple parked cars, where are they going to regulate a scooter? Where? Tell me, please, I beg of you all, get these things off. They're a menace to society, sir. I'm addressing you. Commissioner Diaz de la Portilla: Thank you, ma'am. Ms. D 'Souza: And I'm just asking one question. Where is the man of micro -mobility, Francis Suarez? Where is he? Commissioner Diaz de la Portilla: Thankyou, ma'am. Ms. D 'Souza: Thankyou very much. Commissioner Diaz de la Portilla: Thankyou, ma'am. You're recognized. Ori Eizenberg Weinger: Dear Commissioners, my name is Dr. -- City of Miami Page 6 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Diaz de la Portilla: Pull the microphone closer to your mouth, please. Mr. Eizenberg Weinger: What's that? Commissioner Diaz de la Portilla: Microphone closer to your mouth. Mr. Eizenberg Weinger: Oh, is it better? Commissioner Diaz de la Portilla: Yes, yes. Mr. Eizenberg Weinger: Okay. Dear Commissioners, my name is Dr. Ori Eizenberg Weinger and 1 have been a resident in Miami for the past four years, specifically in the Brickell neighborhood. I'm also a veterinarian and a small business owner, co - owning Wags Animal Hospital in Brickell Key. 1 say this to let you know that I have decided to set deep roots in Miami, myself and my family, and I only have its best interest at heart. I'm not here representing any company and I have no dime in this. Additionally', this is the first time I come to a meeting of this sort, so I apologize if I make a Robert's Rules faux pas, and I also typed my notes so I don 't forget anything. Above all, I want to thank you for considering having this meeting and taking the time to hear from individuals like me. I would like to express strong support for the e- scooter program in our community. They are a vital part of a forward developed city, and they bring a service to the resident that's no like any other. Micromobility programs such as this one is beneficial in numerous ways. Commissioner Russell, you have been an outspoken and a champion to our ecology and environment. Commissioner Reyes, you too, and you say that you're one vote. You're not one vote. You're representing tens of thousands of people. So your vote actually carries a whole lot of power. You too have been a champion of our environment with your solar tree and canopy, LED (Light Emitting Diode) street light conversion programs initiatives. And Commissioner King, your campaign spoke directly about our environment as well. The e-scooter program goes hand in hand with this. When considering the energy needed to move, a scooter is a thousand percent more efficient per mile than the average vehicle. A 30-pound e-scooter takes a fraction of the energy compared to a 3 to 4,000pound car or SUV (Sports Utility Vehicle). The CO2 emission of an e- scooter is something to be admired. A recent study looking at a one-year lifetime of a scooter showed a combined 38.5 grams of carbon dioxide per mile, similar to that of a high occupancy transit mode, in a fraction of a gasoline -powered vehicle, which is about 112 -- 143 grams per CO2 per mile. One kilowatt of energy carries a gasoline - powered car a little less than a mile. An electric scooter can travel more than 80 miles on the same amount of energy. E-scooters are efficient and beyond environmentally, friendly. Commissioner Carollo is not here today, but his 2017 campaign advocated connecting downtown Miami to the Brickell neighborhood. These scooters do exactly that. Myself my friends, my family have taken the scooters countless of times to Silver Spot Cinema in downtown, as well as numerous concerts at the Bayfront Amphitheater. They have allowed us and many others to see and experience our city from a very unique vantage point. They have truly opened our eyes to our beautiful city and to places we may have not seen otherwise. An additional benefit of e-scooters is the fact they are efficient and they reduce city congestion. We already have a problem of vehicle congestion in our entire city. With additional high-rise construction, this will only get worse. Think about the influx of Lyft and Uber drivers that will be required to satisfy the needs of residents. Think about the increase of cost of using these services and the surcharges residents will incur if we get rid of the e- scooter program. Commissioner de la Portilla [sic], you have been a champion of investing in infrastructure and parks and cleanliness. E-scooters definitely go with that. Now, do we have problems with this program? Absolutely. Nothing in life is certain, and everything we do in life carries an inherent risk to it. We must work hard on tweaking the program to perfection. The first problem we had was the speed which the City addressed, okay? Next, which I think is the main point from the naysayer is City of Miami Page 7 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 the fact they take sidewalk space and that certain users just end up leaving them wherever they desire and often sprawled around. However, 1 would like to urge you guys to consider bringing the ball back to the companies who provide the scooters. If they want the business in our city, if they want to profit off of our community, then they must create an algorithm to combat both of those problems. Why can they not be forced to code a specific algorithm with specific parking spaces? Something similar has already been done. Have the company study your city in order to designate the optimal parking spaces. Commissioner King, you speak about a training program. It 's very easy to create a video where a user can watch on the app prior to the ride, providing some guidance. Certain areas are blocked from riding, and I'm sure some guy or gal can code certain parking restrictions as well. Furthermore, what's the point of having a user take a picture of the scooter when they 're done with the ride? Server provider companies must monitor those pictures and find users that don't follow the guidelines. Users can be banned for a certain amount of time if they're shown to be inconsiderate. The banning time can increase with each subsequent delinquency. Force the companies to figure out a solution to the scooters being left in the middle of the sidewalks if they want to use our city for business. Finally, and in order to encourage the service providers to create and adhere to proper guidelines, perhaps the City can fine, tax, charge the scooter company that violates our space. Put the ball in the company's hands. The solution to the problem is creating accountability. Okay, accountability is key. Dear Commissioner, panel, thank you so much for your time. Don't take this program away from people who use it responsibly, who enjoy it, who know how to use it, and thank you again for taking the time to hear me. Commissioner Diaz de la Portilla: Thank you very much. You're recognized, ma'am. Good morn -- good afternoon. Mayra Joli: Good afternoon. My name is Mayra Joli. The prior speaker, if he likes the scooter so much, he just has to buy one and use it himself. The City doesn't have to provide for these companies to make money on the detriment of the residents. If the person has been living in Miami for 4 years, try living in Miami for over 20 years. Try, like me, being a Miami resident for over 20 years and working on Brickell Avenue for over 7 years. And now you're going to tell me that in order for you to have a better life, the people who are the latecomers, thev are going to be the ones calling the shots, or maybe the ones that are paying, giving the big donations so everybody can be sitting here (UNINTELLIGIBLE) why we are being convinced that if we vote, then our voices are going to be heard. According to what I see, the only people who have no interest in this matter are the residents, because it's only, what, four of us? Everybody else have a lobbyist here, and he speaks before us. We have people who own the mobility company, and they speak before us, the residents. But when it 's time to vote, it's us the ones who have to vote. And you are the ones who make the money out of us. Two million dollars are coming to who? The city of Miami? How many of those dollars are coming to us? Are we going to get the $2, 050 Publix gift card during the pandemic so we can -- for our troubles? No. And if that -- so many jobs are being taken away because the scooters are not there anymore, tough luck. Find something else to do. There are many other residents that have lost their jobs and I don 't see any of you crying. So when -- once the lobbyist that sit in here and having a say, none of you should listen to them because they don't -- they make money out of us. We are the ones who have to be living here. So if you guys want to just to please that person who's just having the company, we're going to have another problem here. Because as Manolo Reyes has said, we cannot change for the sake of changing. If the City is going to change, maybe we should change all of your seats instead of changing just whatever it is that you think is happening in Miami, and Miami have to be with it because what's going to happen to us? All of you are going to give helmets to the scooter riders, and if there are two on a scooter, you're going to give them helmets too? But what about the old lady living in Miami -- City of Miami Page 8 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Diaz de la Portilla: Thank you, Ms. Joli. Ms. Joli: -- at 80 years old who walks there? Commissioner Diaz de la Portilla: Thank you. Ms. Joli: You're going to give them a helmet too? You're going to give a helmet to us? You're going to give a helmet to the residents too? Commissioner Diaz de la Portilla: Thank you. Ms. Joli, thank you. Ms. Joli: Or what? Commissioner Diaz de la Portilla: Thank you. Ms. Joli: Or what? You guys go to Washington -- Commissioner Diaz de la Portilla: Thank you. Ms. Joli: -- and then in Washington you talk to the lobbyists -- Commissioner Diaz de la Portilla: Ma'am? Ms. Joli: -- and the lobbyists tell you what you -- Commissioner Diaz de la Portilla: Ma'am? Ms. Joli: -- have to do here. This is not an exercise. This is our lives. Commissioner Diaz de la Portilla: Thank you. Ms. Joli: Manolo, you're going to have to take charge. These people are not going to do it. They are not going to do it. Commissioner Diaz de la Portilla: Thank you, ma'am. Thank you, Ms. Joli. Applause. Commissioner Diaz de la Portilla: No applause, please. Good afternoon, sir. You're recognized. Andres Althabe: Good afternoon. Andres Althabe, 1900 North Bayshore. To the best of my ability, you all know, I tried to represent several thousand residents, mainly Omni and Edgewater. And I hear what they say. And the experience that we came from is two years of very bad experience with this pilot program. I had an interesting conversation with the Mayor a few days ago, and he explained, we're going to incorporate new technology to make it safer. And make it safer, sure. But we all know that with the development of the last few years, we have increased a lot the number of pedestrians. We have increased the number of bicycles. And now we have scooters, all of them on the sidewalk. If we're trying to improve walkability in the city, we cannot keep adding this clutter to the sidewalks. What I understand from people is they don 't want them on the sidewalks, they don't want them littering the sidewalks, that they drop them just anywhere. Parking is an issue, walkability is an issue, and enforcement is an issue. You cannot divert resources to enforce minor breaking of rules. And they should be enforcing more important issues than this. So, we're not here to tell them, the scooter companies, how to fix this. They have to make it work. And the only City of Miami Page 9 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 progress we have had in the last two years is that now there are less. But they are not enforcing anything and they should finance either it's -- 1 wouldn't trust them, the companies, enforcing because they have promised that many times. They should finance, fund a separate independent company to do the enforcement. It cannot he the police, cannot be themselves because it doesn't work. It hasn't worked in two years, so I don't understand why they think it's going to work now. Now, the Mayor said, we're going to incorporate new technology. Sure. One of them that he mentioned is every scooter is going to have a camera, that when they are on the sidewalk, they're going to slow them down so much that they are not going to be able to use them. Okay, good. And then what? Because that rider is going to want to continue riding, right? Are you going to put them on the street? Well, that's what people want, believe it or not. The thing is, they don't want them on the sidewalks. They want enforceable designated parking areas. Commissioner Diaz de la Portilla: Wrap it up, sir, please. Thank you. Mr. Althabe: Yes, like Citi Bikes. You don 't see Citi Bikes all over the place like you see scooters. So, to wrap it up. Commissioner Diaz de la Portilla: Yes, sir. You're past your two minutes, sir. I'm being very flexible. Mr. Althabe: Yeah. Commissioner Diaz de la Portilla: But I'm sorry, go ahead, sir. Mr. Althabe: The companies are going to have to assume responsibility. They haven 't done that in two years. Now, why they're going to change now? When the Mayor said, this is temporary, for me, that was very, very important. Because if we're going to accept any comeback, temporary doesn't mean much. It's very vague. You want it for Art Basel, fine. But temporary cannot be just opposite to permanent. It has to be a deadline, and it has to be some oversight, probably, from citizens. Thank you. Commissioner Diaz de la Portilla: It's temporary to test some of the measures that we're -- safety measures we're trying to implement into the program to see as we move forward with the RFP what works and what does not work. That's why it's temporary in nature. We have an RFP process, they're going to come back to us. Everything comes back to this commission. All the safety measures, the slowing of the speed, the helmets, everything we're discussing today. Docking station, I think he's going to address docking stations now, which are important, so they're not littered all over District 2. So, all these things is part of the conversation that we cannot have in private, we're having in public. And we have the public input on what you 're thinking, and we appreciate your input, sir. Thank you very much. Mr. Althabe: Thank you. Commissioner Diaz de la Portilla: Sir, you're recognized. Colin Roche: Hello, Commissioners. It's great to be here, and I'd like to first thank you and commend you for having this very spirited debate to how to make this program much better and safer for everybody. My name's Colin Roche. I'm CEO (Chief Executive Officer) of Swift Mile. And we create docking stations for scooters, mobility, hubs, places for these to park when they're done. It helps mitigate a lot of the issues that we're talking about here. We coined a term, we like to say, we bring order to the chaos, and this helps address a lot of the concerns that we 've heard here in terms of ADA (Americans with Disabilities Act) compliance and sidewalks being blocked by seniors in particular that have -- that strollers, but also, it creates places City of Miami Page 10 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 where people can find these and know that there's always going to be likely a charged and ready scooter to ride. We're ready to roll. We're already here. We're working with Miami Parking Authority. We're already working with the Building Department with the permits. We've set up an office here, so we're setting up roots, and we just want to say we're here to support the program, make it better, and we 're ready to roll tomorrow if we have to. Commissioner Diaz de la Portilla: Thank you, sir. Good afternoon. Kevin Amezaga: Good afternoon, Commissioners. How are you? Commissioner Diaz de la Portilla: Good. Good afternoon. Mr. Amezaga: My name is Kevin Amezaga. I represent the Miami Riders Alliance. We're a nonprofit group advocating for safer streets and better public transportation here in Miami -Dade County, and that includes scooters. So, for the last year, we're proud to have sponsored the first of its kind in the world Coalition of Micromobility Operators that has moved to actually self -regulate this program and facilitate communication between the operators. So, prior to last year. operators kind of didn't really talk to each other, which was kind of a big issue as we saw. There was a lot of clutter. There was a lot of difference in operations. And that's kind of changed in the last year. So, from when this program started to where it is now, we've partnered with the City to actually introduce new regulations within the scooter program. For example, scooters are now limited to 12 miles per hour. That's not the same as the ordinance. It was 15 miles per hour. 12 miles per hour throughout the city, but that 's actually down to 10 between 1-395 and the Rickenbacker Causeway. And I've actually tested this myself. I actually went out to all the scooter companies and I have a GPS (Global Positioning System) speedometer on my phone, and it's down to 10 miles per hour in the areas where it's supposed to be. So, we're having a lot of great compliance with the operators. Back in May, we also actually launched a scooter reporting tool where residents can actually go in and report scooter violations. We fielded nearly a thousand reports, and from those reports, which I actually personally oversee and release to the City, I have a few suggestions. So, what I'm asking you to do today is actually bring back a better scooter program, and that means more dedicated scooter parking to get clutter off of the sidewalks, more micromobility infrastructure like bike lanes, and clearer language on who is in charge of enforcing these rules. More enforcement of parking in bike lanes because every time I go downtown in Brickell, I see there's a car parked in a bike lane, which doesn't get people off of the sidewalks. I don't think anybody actually likes to ride on the sidewalks. I've ridden scooters and they actually kind of suck on the sidewalks. Everybody wants them on the streets, including scooter operators. And also a commitment to lower scooter fleet sizes in the near future with a permanent program. I think that's really key to achieving a better scooter program. In other cities where I've seen it work, that's worked. And what I would like to make clear to this commission is that ending the scooter program will not end scooter ridership in Miami. But what will end is a regulated scooter ridership. We can 't stop people from riding private scooters at 20 miles per hour down a sidewalk. That's state law. But what we can do is regulate them on a shared scooter, and that's why this program is so important to this city and why Fin asking you to bring it back. We don't want people going out and buying scooters and running over a pedestrian because we can 't do anything about it. So, I implore you to make the right decision, and to us, that right decision is bringing back a better scooter program with shared scooters. Thank you. Commissioner Diaz de la Portilla: Thank you, sir. We 're wrapping it up, Commissioner, don't worry. We're getting there. You're recognized, sir, again. City of Miami Page 11 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Ignacio Tzournas: Alright, thank you. Good afternoon, Commissioners. My name is Ignacio Tzoumas. I'm the CEO of Bolt Mobility. My address is 2995 Ruth Street in Miami. And we started this company about four years ago, we had it started here and headquartered here in Miami. I'm a strong proponent of us re -implementing this pilot program. And I want to point out that, you know, when we first started this program, how much progress we've made in it. In the very beginning, this was a very, you know, simple program. And now it's become much more robust. And so, in the past three years, we've done so much and I think in the next three years we'll do so much more. With all this technology that is rapidly improving, I think that you'll see that we can -- we have the means and the capability to fulfill all the requirements the City wants. And I would encourage them to bring that up in the RFP process because in the RFP process that was brought up before, a lot of the issues that I heard talked about here were not in there. So, I would urge the Commissioners to redo the RFP process so that we can have this kind of cooperative moment between business and the City. Thank you. Commissioner Diaz de la Portilla: Thank you, Ignacio. Good afternoon, sir. James Torres: Good afternoon. Commissioner Diaz de la Portilla: How are you? Mr. Torres: Happy holidays. Commissioner Diaz de la Portilla: Happy holidays. Mr. Torres: Welcome. My name is James Torres, president of the DNA (Downtown Neighbors Alliance). Todd is going to pass out some information, and I'll kind of walk you through that. Back in January 2021, the DNA wrote a letter to pretty much everyone that's on this body today. That was two years ago, and we keep playing hot potato, excluding yourself because you weren 't here so I'm sorry. So, we keep playing hot potato going back and forth. The DNA is not opposed, but we are opposed to the way the situation is today. So, as you go through this, we sent out emails to the community. These are their words that I represent over 2,000 as my counterpart to the right, Andres Althabe, kind of shared. But we're looking at it a little bit different. And we're saying as follows: We can call special meeting on scooters, but we can't call special meeting as it relates to flooding on Biscayne Boulevard. So, I'm a little confused, but I know why we're here. We want to address a couple things that are important to the community. Safety, quality of life. District 2 gets the grunt of all of these scooters. Downtown Miami, Biscayne Boulevard, Bayfront Park, gets about 40 percent of these scooters. There's 2, 735 of them. If you're going to vote yes, please, by all means, take them in your district as well then. Share the wealth. That's what we're talking about. Manolo Reyes, we stand with you. We stand with you because I remember almost two years ago I reached out to your office and I said please help us with the scooter. Let's get the safety issue right, the quality of life. That's the key to success. It's not about calling the program and saying, "Hey, let's look at this, let's look at this.- We're looking at it from a high standpoint. The other issue to this -- Mr. Diaz de la Portilla, please allow me to continue. I appreciate it. Commissioner Diaz de la Portilla: Sure. Mr. Torres: Miami PD (Police Department) already stated that they don't have the resources. They're short-staffed. So, we're going to find something for an infraction of a misdemeanor. MPA is short-staffed too when I've had conversations with them. So, where is this going to balance out? The key is balance, and you've talked about that today. Again, we're not opposed to it, but we're opposed to the way this program is today. The other caveat to this is everyone wants to be responsible in this room, but City of Miami Page 12 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 1 ask a simple question. Let's call the city yard in which a lot of these scooters have been towed to, that they're still sitting there, over 200 of them. And the comment is, it's cheaper for us to keep them there and I'll buy another one. Is that the right etiquette? The answer is no. I kindly ask with the representation of the DNA, if you 're going to vote yes, take the scooters with you in your district as well. Don't just leave them in District 2. But I also champion what Mr. Manolo Reyes says, it's not feasible because the quality of life and safety is the component. Thank you for your time today and happy holidays once again. Commissioner Diaz de la Portilla: Happy holidays. Mr. Torres: I'm looking for that Christmas gift with the Hanukkah thing, please? Commissioner Diaz de la Portilla: It's coming, it's coming. Mr. Torres: Help us out. Thank you. Commissioner Diaz de la Portilla: Sure, sure. Any additional public comment? We 're going to close public comment now. SP - SPECIAL MEETING SP.1 DISCUSSION ITEM 11114 Commissioners and Mayor A DISCUSSION REGARDING THE REIMPLEMENTATION OF THE PILOT PROGRAM FOR MOTORIZED SCOOTERS WITH UPDATED SAFETY MEASURES. RESULT: DISCUSSED Commissioner Diaz de la Portilla: So, we have a discussion item one. Zerry, you want to walk us through what we're proposing today? Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Deputy City Manager. Back in October of 2020 -- 2018, sorry, the City of Miami established the specialized scooter pilot program, which defined delineated areas of the Central Business District, especially within the confines and jurisdictional area of District 2 for the pilot program. The pilot program had been paused for a number of times due to COVID requirements and we've gone through a series of extensions. Supposedly, it was supposed to expire sometime early this year. It was extended again till -- as we know, that the City Commission, after the last City Commission meeting, to entirely stop the program. So, based on the extensions on the COVID mandates, if the City Commission were to reinstate the program today, we'll be looking towards, I believe, January 5th, 2022 as the final date for the expiration of the program. Commissioner Diaz de la Portilla: January 15th or January 5th? Mr. Ihekwaba: 5th, 5th, 5th. Commissioner Diaz de la Portilla: 5th. Mr. Ihekwaba: 5th. City of Miami Page 13 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Diaz de la Portilla: Okay. Mr. Ihekwaba: And also, in terns of revenue -- revenue stream that had come in, based on fiscal year 2018 to 2019, the City received revenue of approximately $450, 000. Commissioner Reyes: How much? Mr. Ihekwaba: And for fiscal year 2019 -- Commissioner Diaz de la Portilla: Commissioner -- I'm sorry, Commissioner Reyes, you're recognized. Commissioner Reyes: Yes, could you please repeat? Thank you, Chair. Mr. Ihekwaba: On the revenue? Commissioner Reyes: On the revenue. Mr. Ihekwaba: So, fiscal year 2018 to 2019, the City received approximately $450,000 in revenue. Commissioner Reyes: Four what? Mr. Ihekwaba: 4-5-0 thousand, 450, 000. Commissioner Reyes: $450,000. That's the revenue that the City has received? Mr. Ihekwaba: In that fiscal year. Fiscal year '18 to `19. Commissioner Reyes: '18- '19, right? Mr. Ihekwaba: Yes, sir. Fiscal year '19- '20, we received approximately $1.1 million. Fiscal year '20- '21, approximately $760, 000. And in this current fiscal year, '21- '22, we've received $166,000, for a total of $2.5 million revenue. However, the City has spent approximately $1.3 million out of that 2.5, with a balance as of today of $1.1 million. Commissioner Diaz de la Portilla: And the 1.3 is for the -- the million for the bike lane, that whole debate that we had? Mr. Ihekwaba: Yeah, we transferred $I million to Miami -Dade County. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: Right, we gave Miami -Dade County a million bucks of our money. Mr. Ihekwaba: Yes, sir. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: Right? Mr. Ihekwaba: Yes, sir. City of Miami Page 14 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Diaz de la Portilla: Okay. Any question, additional question, Commissioner Reyes? Commissioner Reyes: No, that's from the -- what is the net amount of money that we have received, 4.3? Mr. Ihekwaba: What we have in the bank as of -- Commissioner Reyes: 2.3? Mr. Ihekwaba: -- as of last week is $1.1 million. Commissioner Reyes: 1.1 million left. Mr. Ihekwaba: Yes, sir. Commissioner Reyes: That is for the period from '18 to '21, right? Mr. Ihekwaba: To '21, that's the balance, net. Commissioner Reyes: That 1.1 because part of the revenues were given I mean, were passed to the County, right? Mr. Ihekwaba: To the County for the construction of bike lanes. Commissioner Reyes: For the construction of bike lanes and all that. Mr. Ihekwaba: On City streets. Commissioner Reyes: And safe streets, okay. Commissioner King: Mr. Chair? Commissioner Diaz de la Portilla: You're recognized. Commissioner King: What are --? What will the money be used for, the revenue? Mr. Ihekwaba: So, the ordinance that established the pilot program clearly stated that it's meant for the use of establishment of bike lanes, improvement of sidewalks, and I believe there are some administrative costs that needs to be absorbed, and all this within the area of District 2. Commissioner Diaz de la Portilla: And that was part of the big debate that we had, right? Whether it's actually construction of -- remember Commissioner Russell? The - - whether it's for bike lanes or sidewalks and all within District 2. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: All the improvements will he within District 2. And that's another debate we're going to have -- Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: -- you know that, right, as we move forward. This will be beneficial to the poor areas of our city, not just District 2, which is a higher end area of our city. Because people at the end of the day are only going to use scooters in those areas that you represent. I'll recognize you in a minute. Let me just City of Miami Page 15 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 finish up the point. So, that's going to be a debate that we're going to have. And then 1 also will clarify with the city attorney in a little while about the difference we 're doing today between a resolution and an ordinance, right, as we move forward. So, let's -- do you want to continue? You have any questions, Commissioner Russell? Do you have any questions? Vice Chair Russell: Thank you, Chairman. Commissioner Diaz de la Portilla: Yes, you're recognized, sir. Vice Chair Russell: No, I just wanted to clarify what Zerry said about the ordinance during the pilot program. The wording says, during the duration of the pilot program, the motorized scooter fee shall be designated for sidewalk, sidewalk area, and/or street improvements within the pilot program area. So, it was never meant just for District 2. The spirit is, wherever the program is operating, that we're improving the streets. Basically, the program is self -funding its own improvements to function better, more safely. The less potholes on the road, the less chance of an accident of a scooter. The more bike lanes, the less chance of an accident of a scooter. And I was always open to expanding the program, which would also automatically expand the funding. So, it wasn 't about just District 2, it was wherever the pilot program was happening is wherever the funding was intended for. Commissioner Reyes: Mr. Chair, if 1 may be wrong, but when we extended this program, 1 -- I mean, 1 didn't agree to have it in my district, or neither did Commissioner Carollo, and -- but you said that you wanted it in your district, remember? Commissioner Diaz de la Portilla: In certain parts of my district. We talked about the Health District. Commissioner Reyes: A part of your district, that's right. Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: Yes. Did you receive any funds? Your district received it? Commissioner Diaz de la Portilla: Not a dime. Commissioner Reyes: Not a dime, right? Commissioner Diaz de la Portilla: That's why we're going to have a conversation. This is the beginning -- Commissioner Reyes: I mean, I -- I'm just -- I'm just -- Commissioner Diaz de la Portilla: Why are you poking me on a Monday? Commissioner Reyes: No, I mean, hey listen. Commissioner Diaz de la Portilla: This is the beginning of the conversation. Commissioner Reyes: Listen, if the funds -- I mean, it was only where the pilot program was taking place. Vice Chair Russell: Yeah. City of Miami Page 16 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Reyes: Well, some of those funds should have been directed into your district that needs a lot of sidewalks and a lot of streets. Commissioner Diaz de la Portilla: Well, well, I think the distribution of funds should be citywide and that's the debate we're going to have. Commissioner Reyes: I'm just bringing a point. Commissioner Diaz de la Portilla: Yes, of course. Commissioner Reyes: Making a point and answering what he said. Commissioner Diaz de la Portilla: You're making -- yes, but I think that doesn't matter where the program -- first of all, the program will take place in the place -- in the places that the companies feel that they're going to make up money on, right? They're not going to do it in Flagami. They 're not going to do it in Allapattah because no one's going to ride a scooter in those areas, right? So, it's going to be downtown for special events and things of that nature where micro -mobility is needed. So, because you represent, Commissioner Russell, a district, that's a district where all the events take place, so the better off part of our city, then there should be some redistribution. You will love this. I mean, you're a Democrat. Redistribution of wealth is a really good thing for you guys, right? So, the whole county -- the whole city should be getting its share of revenues for street fix -- sidewalk repairs and things of that nature. So, 1 think that, at the end of the day, maybe not today, because today is a different conversation, at the end of the day we're probably going to have a conversation about the funds going throughout the city and being split throughout the entire city of Miami. That's a different conversation. You 're recognized, sir. Vice Chair Russell: Did the program ever get extended outside of District 2? Because there was discussion of some parts in Wynwood, Design District. There was discussion of the Health District, butt don't know if it ever happened. Commissioner Diaz de la Portilla: It never happened. Mr. Ihekwaba: It never happened. Commissioner Diaz de la Portilla: It never happened, and we have a new commissioner, which -- Commissioner King: Well, Mr. Chair -- Commissioner Diaz de la Portilla: -- and you're recognized, Commissioner King. Commissioner King: I've seen scooters in my district -- Commissioner Diaz de la Portilla: Yes. Commissioner King: -- on the Upper Eastside, and you know -- Commissioner Diaz de la Portilla: Yes. Commissioner King: -- so I don't know how -- Commissioner Diaz de la Portilla: Some in mine, too. Commissioner King: -- how do you -- how do you keep itjust in District 2? Or how do you say, well, you can't ride --? Because I've seen the scooters in my district. City of Miami Page 17 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Diaz de la Portilla: The whole geofencing concept doesn't seem -- we have some representatives from different companies here today, but this whole geofencing thing doesn't work. Or maybe they haven't implemented the right technology to get it to get there. Because I think -- I think when we halted the program, and interesting, Commissioner -- when we halted the program, all of a sudden, all these technologies that never existed exist. Maybe it's coincidental, but all of a sudden, we're talking about helmets, and we're talking about, you know, slowing down the speed when you go into a sidewalk, and you're talking about better geofencing and all these things that actually exist. It's just obviously companies -- and 1 think they're all good actors. 1 don't think they're bad actors, but obviously, companies are here to make a profit too, right? They're not here to lose money. Mr. Ihekwaba: So, Commissioner, if1 may. Commissioner Diaz de la Portilla: So, at the end of the day -- so, at the end of the day, I think that -- I'm sorry. Mr. Ihekwaba: Commissioner, ifI may? Commissioner Diaz de la Portilla: Ili may finish. Mr. Ihekwaba: Okay. Commissioner Diaz de la Portilla: Thank you. Remember, you're only acting city manager today. But I don't know what -- what happened to the other guy. I don't know, where did he go? Mr. Ihekwaba: I think he had a conflict in his schedule. Commissioner Diaz de la Portilla: Oh, a conflict in his schedule. Okay. So, more important than being in a commission meeting. I get it, alright. So, the idea will be whether these new technologies will work to create a better program. And that's a debate we're having today, right? It's kind of like we're re -implementing or implementing a new program. We're bringing it back on a temporary basis to allow for some special events that are taking place, like Art Basel and others, that really do require micro -mobility because there is a need for that. And we understand that balance that we're trying to find. But all the safety measures that are going to be put in place exist in other parts of the country, other parts of the world. The companies simply have not wanted to do it here because the Commission, the government, has not required them to do it. So, now the government, which, you know, sometimes has to step in and say, "Hey, we need these safety measures because we're concerned for our citizens." That's why I've always been in a place that I've always been -- it's been difficult for me to find a balance between micro -mobility and safety. And how you find that balance is the conversation, part of the conversation we 're going to have today and will continue to have, I think, as we move forward to the RFP (Request for Proposals), expedite the RFP, have them issue it, and then it comes back to us, Commissioner Reyes, all this comes back to us. And we can implement whatever we want, no matter what the RFP -- what the results are, it comes back to us and we say, "Hey, we want to add this to it, we want to add that to it." Commissioner King: And I'd like to add -- Commissioner Diaz de la Portilla: You're recognized, ma'am. Commissioner King: I'd like to add that I think it's only .fair .for a program such as this to benefit the entire city of Miami with improvements -- City of Miami Page 18 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Diaz de la Portilla: Yes. Commissioner King: -- and not one particular district. Commissioner Diaz de la Portilla: There's no doubt that it will be the will of the commission at the end of the day, my gut tells me, because again we have the -- we don 't have the ability that we had in Tallahassee, Commissioner Reyes, to have conversations before the meeting, to be able to sit down and talk about things. So, we have Sunshine Law, so we can't -- so the sausage making takes place in front of everyone and everyone gets, you know, sees that it's kind of ugly, but it's not -- it's just that we can't do it privately like we do in Tallahassee or Washington. Commissioner Reyes: Mr. Senator, you might recall, were you the legislature that (UNINTELLIGIBLE) -- Commissioner Diaz de la Portilla: I was only one guy, yeah. Commissioner Reyes: The legislature that established the Sunshine Law, but you don 't have it among yourself. Commissioner Diaz de la Portilla: No, because back then we wanted to reign you guys in, but now it's different because I'm in a different role now. Commissioner Reyes: Well, you should -- we should start lobbying so they -- I mean, because 1 think it's stupid. The legislatures, they can talk among themselves and exchange ideas, and we cannot even say hello. Commissioner Diaz de la Portilla: And in Washington, too. Commissioner Reyes: In Washington, too. Commissioner Diaz de la Portilla: Everything is done before -- Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: -- before the fact. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: But you know, in the interest of open government and all that. But I think that my sense will be that the majority of this commission will want to spread that wealth throughout the city of Miami. Because the reality is that we still live in a very poor city in many parts. And we have to benefit other parts of the city. And so, you know, Commissioner Russell, you represent a very well-off area, but you need to share some of that with the rest of us in Allapattah, in Flagami, in Overtown, Liberty City, and other parts of our city. But you know that, you know that. Vice Chair Russell: That's the entire story of the funding of this city. And I believe it's changing. I think District 2 has been the financial engine for the entire city, but I believe as we see development growth throughout the city, each of the districts is going to be generating its own tax base. But I agree. I do disagree that the program is intended for special events or for tourists to get around. The primary goal is anything that we're -- Commissioner Diaz de la Portilla: No, no, the extension. No, I'm sorry to interrupt. The extension of the -- the temporary extension of the program, for now is intendedfin- City of Miami Page 19 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 these reasons that are happening now. But the RFP is to expedite that process so that the City -- the Administration issues a permanent program, creates a permanent program that is for micro -nobility across the city as we move forward -- Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: -- especially in our downtown areas. But the reason why we're having a special commission meeting is to do it fbr now, right? Vice Chair Russell: Got it. If I could just finish. My point was though that I do believe you'll be surprised. If the market were allowed in your district, 1 think you would have users in Allapattah who would enjoy this as a way to not have to use their car, not have to pay for gas, do short commutes. And 1 think you would see use. You might be surprised. And it would generate revenue in your district as well. But I'm certainly open to however we look forward to the permanent version. This pilot has been a learning process to get us here. The rubber meets the road on the permanent program and how safe it is -- Commissioner Diaz de la Portilla: Yes, sir. Vice Chair Russell: -- how equitable it is, and how many people have access to it. Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: Both the funding and the use of the program. Commissioner Diaz de la Portilla: Commissioner King, you wanted to say something? Commissioner King: No. Commissioner Diaz de la Portilla: Oh, I'm sorry. I thought you did. Commissioner Reyes? Commissioner Reyes: Well, you know how I stand on this, you see, and I disagree that this has had in the whole city, had a great effect on people using the automobile less. I think that the main users of this, as I've seen around, are young people. And people that use it also, I have even seen parents, very irresponsible, that they have a 2 or 3 year old riding with them, and they do it for pleasure, not for need, you see. I cannot argue and I would not argue, that certain areas, particularly on Brickell and Biscayne and Downtown Miami, that some people will probably, if they live in one of those buildings in Brickell and want to go to an office that is a couple of blocks away, will use it. But this concept, which is -- I mean, it is -- it is -- you know, one thing that really admires me is that we go and we get this catchy words from all over the country, the first and last mile. I mean, from my house to the Metrorail station is more than a mile. And if I'm riding one of those things, I could be killed, you see? My problem with it -- Commissioner Diaz de la Portilla: And people used to walk, remember? Commissioner Reyes: And people -- which is more healthy. Commissioner Diaz de la Portilla: Which is what I do. Commissioner Reyes: That's right, it was healthier. It is healthier. You see, because, I mean, it's contradictory, as I said when they first brought it here, that we are promoting healthy activities and exercise and all of that, and now we don't want a person to walk a couple of blocks. You see, we're providing them with this. My City of Miami Page 20 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 problem with this remains the same. And I don't want them in my district, because what they do is mostly clutter the sidewalks. They make the sidewalk very dangerous. We have in the city of Miami a population, a senior population, which is huge. If one of those vehicles collides with a person, it could even kill it, because if you are going even at 10 miles an hour, if it is reduced, it is substantial speed to hurt somebody. A person -- a person -- just listen to this, a person runs probably 13 miles an hour, right? Between 12 and 13 miles an hour. And if you watch football, you see, American football, of course, how many times a defensive back has hurt a receiver when they collide with a receiver at All speed? There's even football players that they are paraplegic because of that. Imagine a person that it is frail, that is ruined by one of these. Imagine a person of a friend's that I have that lives in Brickell, that the young couples that they just had their own, their first child, and they're walking, I mean, strolling in that sidewalk, and the man, as he has told me, he has to be always on the lookout for one of these, because the worst thing that happened about this is, and it happened to me at Coconut Grove, that once they get on the sidewalk, or whatever they get, and they're riding this, they have -- they probably -- they feel entitled to the right-of=way. And that is a big problem. Another problem that I have is that we don 't discuss here, but we're saving that all the revenues -- well, if you -- I have heard my dear friend Commissioner Russell claim all over the place in all the press this has -- I mean, it has provided $2.3 million. Well, it is $500,000 a year. It is not $2 million a year, okay. It is $500 million a year -- $500, 000. That's all that has been provided. But in exchange for that, 1 have here a list of -- if I can find it -- a list of ten, right here, ten lawsuits for the city of Miami in which we have been named in that lawsuit. And as most people know that the companies, they are holding us harmless. And that was something that I stressed from day one. They should hold us harmless. Thank God. Thank God that I did that, because if not, we would have been in a bind now. But this is 10 -- Madam City Attorney, these are only the lawsuits that name us as part of the lawsuit. But I would like to ask from the owners of all the people that are in charge of these vehicles, if we may call it, how many lawsuits you got? Because this is the act -- we have ten that, I mean, name us as co-defendants. But you know them well, that most of those people, those attorneys, when they come and they say, oh no, the City has been hold harmless. We cannot go against the City, but I'm going against the company. I don't know how many are they. I don't know. I wish I would know that. We don't have that number because we don't -- we were not named on it. But I'm willing to bet that it's going to be substantially more than 10, you see. That's a big problem that I have. I -- it's nothing personal. I know that it's a business. It's a business. I mean, it is not -- they are not operating for the good of the people. They are operating because they are making money and more power to them. Hey, listen, I believe in free enterprise, you see. But I personally, I am a different type of business. I'm a businessman. My business is to protect the people. Their business is to make money. My business is to protect the people. And I don't want -- I will not make a decision that someday I might read the paper and I will have to say, damn, I shouldn 't have voted that way, you see? And ifou want to extend it, you got the votes, extend it. But anyway, we're going to have -- we have an RFP that we will have to deal with this again in a couple of months. You see, all of this, and you know I don't hold my punches. I don't hold my punches. All this claim that we want to extend it now because of the number of tourists and all those people are going to come, that's, in my opinion, that is not true. They want to extend it because they want to keep on making money, and they have put pressure. Commissioner Diaz de la Portilla: Well, no, no, look. Commissioner Reyes: You see? Because I think -- I mean -- Commissioner Diaz de la Portilla: No, no, no. City of Miami Page 21 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Reyes: -- using that argument, if you want to extend it, just go right ahead. I'm going to keep on voting no, and 1 don't want it in my district because the day that 1-- that one of those -- Commissioner Diaz de la Portilla: The reason -- Commissioner, the reason why we're implementing safety measures -- because I share a lot of your concerns too. So, what we're doing really is not only because of the special season -- Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: -- maybe 1 didn't finish my thought. It's also because we're testing all the safety measures that the companies themselves want to put in place because we're going to demand that they do so. So, part of the reason what we're doing is everything from helmets onto speed limits onto liability issues. I'm sorry, but we're trying -- and that's why I want Zerry to sort offinish. Commissioner Reyes: But let me finish. I haven 't finished yet. Commissioner Diaz de la Portilla: Okay, I'm sorry, go ahead, go ahead. Commissioner Reyes: Okay, let me finish. Commissioner Diaz de la Portilla: Continue then I'll recognize you, Commissioner Russell. Commissioner Reyes: You see, 1 have the memo here. Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: You see, I read the memo. Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: I saw all the safety measures. Okay, they cannot go faster than 10 miles. Okay, you can regulate that. Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: They have to be older than 18. How are you going to do that? Because now that safety measure was adopted. And believe me, they are not -- I mean, if you go to Coral Gables -- Commissioner Diaz de la Portilla: We're going to stiffen the penalty to the companies if they rent to anybody under 18. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: When they have to pay -- when they have to pay a thousand dollars, they're going to be careful. Commissioner Reyes: All of this, all of this, I only have one question. Who is going to enforce those measures? Who is going to be outside out there policing, policing the companies? Who's going to be? Commissioner Diaz de la Portilla: We'll ask our police chief City of Miami Page 22 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Reyes: Okay, Mr. Police Chief. And Mr. Chair, after he finishes, 1 have a couple of questions. Commissioner Diaz de la Portilla: I'll go back to you, sir. Commissioner Reyes: Okay, sure. Commissioner Diaz de la Portilla: Absolutely, yes, sir. Go ahead. Commissioner King: Mr. Chair, I have a question. Manny Morales (Interim Police Chief: Good morning. Good morning, everyone. Commissioner Diaz de la Portilla: You're recognized, and then I'll go to you, Commissioner. Commissioner King: Okay. Commissioner Diaz de la Portilla: Thank you. Mr. Morales: Manny Morales, Interim Chief That responsibility will fall upon us. And the picking up of the scooters after the violations are issued falls on the Miami Parking Authority. Commissioner Reyes: Okay. Question. Commissioner Diaz de la Portilla: So, the Miami Parking, is there any representative from the Miami Parking Authority here? Mr. Morales: I don't see them, but they're the ones that we contact when we have either a violation or issue, or we find a scooter outside of District 2. Commissioner Diaz de la Portilla: Well, that's another issue. That's interesting. I did not know that. I thought that you guys had the ability, you guys being the police department, had the ability to also implement some of these policies. So, you don't have that ability. You contact the Miami Police -- Miami Parking Authority, is that the way it works? Mr. Morales: Correct. And then they pick them up. Commissioner Diaz de la Portilla: We may have to address that issue then as we move forward. And I'm going to let you finish your thought, Commissioner Reyes, because you 're -- Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: And then I'm going to recognize you. Don't worry. I just want to -- Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: -- not to interrupt him. Commissioner Reyes: Do you have a budget for those -- I mean, an estimate of how many, man-hours _you're going to need to enforce this and how many officers you're going to need? And what, I mean, you will have to take officers from one activity to the other in order to enforce this because if we need, and that represent cost, there is City of Miami Page 23 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 no free lunches. There's no free lunches. 1 mean everybody, that tells nre, no the government gave me, government doesn't give a thing. The taxpayers give it to you, okay? Everything cost. There is a cost on everything. Now, if you are going to divert police officers from patrolling or from investigating robbery or whatever into policing this, well, that would have a cost. That cost, Mr. Chair, should be deducted from the revenues that we have. Then we are not receiving what we should be receiving. We did this before. We did this before. And before, when we -- those measures were implemented, the famous corrals, you see, the famous, I mean, provision that no minor will be able to rent, all the provisions that they have to stay in the sidewalk, they couldn't go on the street. All of us. And you must remember that those provisions, they were detailed in order to expand or extend the pilot program, right? Mr. Morales: Yes. Commissioner Reyes: Okay? We couldn't do it. We couldn't. We still have the street litter. We have the minors riding it. We have even compete -- competitions. They rent it, they go to certain areas and they compete with this, you see? I mean, this is going to take a lot of money to enforce if we're going to have a police that is -- and I'm not talking about Miami Parking Authority because I don 't have anything to do with the budget. But this is going to take a lot of manpower, you see, and manpower means dollars and cents, okay? And those are parts of the -- of the -- and I will say no more. Those are part of my objections and why I will vote no, and let's wait -- no, 1 will say let's wait until the RFP is decided and -- and let's see if we have answers of who 's going to police it, how much it's going to cost, what are the consequences. Because, you see, there are other cities that they allow them to be on the street. And from what 1 see, they don't have the traffic we have here. You see, they don't have the traffic we have here. Commissioner Diaz de la Portilla: Commissioner. Vice Chair Russell: Mr. Chair, I'd like to clarify something. Commissioner Diaz de la Portilla: Commissioner. Commissioner Reyes: And thank you very much.. Commissioner Diaz de la Portilla: Thank you, Commissioner. Commissioner Reyes: I rest my case. Commissioner Diaz de la Portilla: Yes, sir. Commissioner Reyes: I will say no more. My vote is no. Commissioner Diaz de la Portilla: And a good case you made by the way. Commissioner King and then Commissioner Russell. Commissioner King: Chief Commissioner Diaz de la Portilla: They're waiting. He's here. Commissioner King: Aren't you understaffed? The force is understaffed already? Mr. Morales: So, we currently have about 88 vacancies on our table of organization. We're allotted jr,oI want to say is 1,398 and we're at around 1,305, 1,304. So, we are -- we have some vacancies that we just had a recruitment drive and an opening, so we'll be processing to hire new officers, but we are -- City of Miami Page 24 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner King: Understaffed. Mr. Morales: -- about a hundred short, yes. Commissioner King: So, how would you enforce this if you're already understaffed? Because with the new hires, that takes months of training, they have to pass the academy, et cetera, et cetera. And we are trying to implement this in real time. So, how do you anticipate enforcing this with the staff that you have already? Mr. Morales: So, Commissioner, frankly, we've become masters of doing more with less as we've gone through certain struggles here in the city financially that have impacted the department. But I wouldn 't advocate for a dedicated team to look at this. It would just be a responsibility that falls already on our traffic units which would be the individuals that ride motorcycles that are specially trained to handle any type of traffic infractions the same way that we do with policing bicycles. Commissioner Diaz de la Portilla: You would handle any other traffic infraction, right? Commissioner King: But aren 't you --? Commissioner Diaz de la Portilla: It's the same people. Mr. Morales: Every patrol, every certified police officer is able to handle that, yes. Commissioner King: But aren't they already stretched thin? Aren't they already stretched thin? Mr. Morales: Well., the motor unit we do have two openings, we have 18 officers and 3 sergeants for the whole city. But we're augmenting those numbers, but it would be a function that would also fall on our patrol officers to enforce as they see the violations occur. Commissioner Diaz de la Portilla: So, now you know how I feel when you don't recognize me? Now, you're recognized, Commissioner Russell. Vice Chair Russell: Oh. Commissioner Diaz de la Portilla: You see? Vice Chair Russell: Power of the Chair. Commissioner Diaz de la Portilla: What's good for the goose is good for the gander, Commissioner. Vice Chair Russell: I'd like to make several corrections, please. Commissioner Diaz de la Portilla: Yes, sir, you're recognized. Vice Chair Russell: And so the program was never designed for the police to be utilizing their resources for enforcement. We actually created a mechanism, which needs some oversight because it's not working as intended, but 1 think the structure of it was good. The Miami Parking Authority receives $25 per scooter that they pick up off the street that they see in the wrong place. Imagine the revenue that they could be creating just by doing the job that was created. for them.. City of Miami Page 25 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Diaz de la Portilla: Right. Vice Chair Russell: And 1 originally told them, hire who you need because you will have the revenue source to do this. I don't want this to be on the shoulders of the MPA, but they have an army of meter maids out there anyway. So, the idea that any time they saw one, and at first they did, they had trucks, they were picking up, they were impounding, that revenue source alone was meant to reduce the clutter. But the MPA has not taken on that charge for whatever reason, because the $2.4 million generated does not include that. That 's supposed to be an additional source just for MPA to help with clutter and pickup. The question of enforcement over safety was another story where the police have kind of stepped back, because they have a no - chase policy. They're certainly not going to chase a kid on a scooter through traffic. How we deal with that, we're also hoping through financial incentive and penalty to force the scooter companies to self -regulate, but it hasn't worked. I will be the first to admit that the clutter issue and the underage riding issue has not worked in its current form, but the structure is there to do so. And then to correct Commissioner Reyes, it isn't generating half a million a year. This is the second year of the program -- pilot program, cumulatively, not including the delay, the pause periods. It 's 1.2 million a year. This is not nothing. This is something that's been generated that we didn't have before. Commissioner Reyes: Point of information. Vice Chair Russell: So, we should at least admit that it exists. Commissioner Reyes: Point of information. Then our dear friend, Zerry has -- your numbers are wrong, because if it is 2.1 or 2.3, within a period of four years -- and when I was teaching math, if you divide 2.5, 2 point something millions into four, it's about $500, 000. I don 't know if it's a new math that is going on around here, but that is -- that's --that's the way that I -- I was teaching it wrong, if we're going to follow your numbers, you see? Mr. Ihekwaba: So, Commissioner, if you recall what I had said to Commission, is the aggregate of funds that had come in, based on registration fees, that were the vendors paid the City, from inception to date. And I gave you a breakdown based on each fiscal year, what we received. The first fiscal year, we got, what I said, $450,000. The second year was $1.1 million. The third year was $760,000. And the current year, which is simply two months old, we've gotten only $166, 000. Commissioner Reyes: Okay. Mr. Ihekwaba: Now, keep in mind, the reduction after the second year of operation was because of the COVID era, when we started the program. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: Of course. Commissioner Reyes: Absolutely, but the total is? Mr. Ihekwaba: $2.5 million. Commissioner Reyes: 2.5 divided by 4, how much is it? About a hundred and some. I mean, I thought that I learned math. Commissioner Diaz de la Portilla: So, the -- Zerry, why don't you go ahead and. finish what we're doing today in details that we interrupted you? City of Miami Page 26 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Mr. Ihekwaba: So -- Commissioner Diaz de la Portilla: And then we'll be able to have a debate on all the details of the whole program after that. Commissioner Reyes: I just want to vote and get out of here. Mr. Ihekwaba: So, based on -- Commissioner Diaz de la Portilla: We're going to get out of here by lunch, don't worry. Mr. Ihekwaba: So the City -- Commissioner Diaz de la Portilla: That's the goal. Mr. Ihekwaba: -- the City Commission had actually directed the change in policy, I believe in 2020 and 2021, that made us to make some changes in terms of the agreement for safety implementation, safety measures that were put in place. Additional measures are being considered today, which the Administration has sent out a memo last night, more or less capturing what other municipalities are doing nationwide. There are some great best practices that we propose to incorporate in the program moving forward. Cities of Orlando, cities of Atlanta, and some other numerous cities we mentioned, prohibit the use of scooters on sidewalks. That's number one. So, that's worth consideration. Another option is to recommend either a requirement or an encouragement that scooter vendors and also the users have to consider the use of helmets to protect themselves in case they get into an accident. Commissioner Diaz de la Portilla: The problem where you said right now, that's not what I requested. Okay, it's not an encouragement. Mr. Ihekwaba: Well, I said either a requirement or an encouragement. That's the language I use. Commissioner Diaz de la Portilla: Right. So -- Mr. Ihekwaba: So, it's there for the commission to dictate and direct what they prefer. Commissioner Diaz de la Portilla: Well, obviously, but what we had discussed with the -- what I discussed with the Administration and with the City Attorney's Office as well were the details of what has to happen immediately. And the real question is whether the companies can -- how quickly they can implement these policies, right? Because if they want to start operating effective tomorrow, right, or the day after tomorrow, right, how quickly can they do a helmet requirement? How quickly can they do the speed requirement? How quickly can they do some of the safety measures we put in place? Or are they going to come back to us and tell us, oh, we can 't do it, and then let December come and go? So, that's a practicality of what we're talking about. We can pass whatever we want to pass. There's a whole bunch of representatives from different companies here. So -- Mr. Ihekwaba: So, if you recall back in, I believe it was in September of this year, the Commission had required a reduction of operating speed -- Commissioner Diaz de la Portilla: Yes. Mr. Ihekwaba: -- to seven miles per hour on sidewalks. City of Miami Page 27 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Diaz de la Portilla: Yes. Mr. Ihekwaba: So, the question is enforcement. There is no mechanism in place for them to ensure that folks who use their scooters are complying with that requirement. Commissioner Diaz de la Portilla: How many representatives of companies do we have here that operate scooters in the city of Miami? Do we have any here? Okay, so we have three, four, five, six, seven, eight, nine, that's a whole bunch of people. I figured nobody else would be here, right? But 1 didn't know so many -- so this becomes the issue. Will you guys have helmets required effective the day after tomorrow? (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: Yes, come on. You want to come up? Let's open public comment. You want to finish? Zerry, do you --? Hold on. Vice Chair Russell: I'd like to push back on one thing Zerry mentioned though before you go on. Mr. Ihekwaba: Commissioner, if1 may. Commissioner Diaz de la Portilla: Yeah, go ahead and finish. Mr. Ihekwaba: Yeah. Commissioner Diaz de la Portilla: And then we'll open public comment, I think, and then we'11 take it. I think it's important you represent what you can do and what you will do so we can make a determination whether we want to do what we want to do today or not. Jorge Conforme: Good morning, Commissioner. Jorge Conforme with Wheels, one of the operators in the city of Miami. We could comply with the helmet requirement as soon as you give us the green light. Commissioner Diaz de la Portilla: You will comply? Mr. Conforme: We could. Commissioner Diaz de la Portilla: Okay. Desiree D 'Souza: For the pedestrians too, right? Commissioner Diaz de la Portilla: No, we're not having a -- Ma'am, this is not a debate. This is not a public debate. I'm sorry. This is for people coming -- Mr. Conforme: The question was the helmet requirement. Commissioner Diaz de la Portilla: Yes. Mr. Conforme: The question was the helmet requirement. Commissioner Diaz de la Portilla: Yes, sir. Mr. Conforme: We would be able to comply with the helmet requirement. City of Miami Page 28 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Diaz de la Portilla: Thank you, thank you. Vice Chair Russell: How would they do that? Commissioner Diaz de la Portilla: Zerry, how quick --? I'm sorry. Vice Chair Russell: How would you do it? Commissioner Diaz de la Portilla: How would you do it? You have disposable helmets and all that. Mr. Conforme: We have a helmet equipped device. Commissioner Diaz de la Portilla: That Eco helmet that -- Mr. Conforme: We have a helmet equipped device that in order to operate that device, you 'd unlock the helmet that is included in the device. And the helmet comes with a biodegradable film inside so basically you 're not -- Commissioner Diaz de la Portilla: Right, so Styrofoam, right, inside -- Mr. Conforme: Yeah, so that no one is using anyone else's. Commissioner Diaz de la Portilla: But you're not going to have helmets on one side of the street and scooters on the other side, right? Mr. Conforme: No, no. It's -- the device is equipped. Commissioner Diaz de la Portilla: For individual use, right? One person, one helmet, right? Mr. Conforme: Right. Well, it's one helmet with biodegradable -- Commissioner Diaz de la Portilla: Inside. Mr. Conforme: -- linings inside that are disposable so that, you know, if a subsequent user must use the helmet, you 're not using someone else's helmet. Commissioner Diaz de la Portilla: And you guys come up with this technology, like, from when we halted the program last week to now? All of a sudden, you came up with this new thing? Mr. Conforme: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: You were always able to do it, right? Mr. Conforme: Yeah, but the thing is, we would be required to basically deploy this fleet of helmet -equipped devices so that we can comply with it. But do we have them? Yes. And we'd be able to do it as soon as you give us the permit. Commissioner Diaz de la Portilla: Is there any other company? I'd like to hear this. Vice Chair Russell: A question for him, though. Commissioner Diaz de la Portilla: I'm sorry, you're recognized, Commissioner Russell. City of Miami Page 29 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Vice Chair Russell: Thank you. How would you enforce though that someone is using the helmet if it's a mandate? Mr. Conforme: You must unlock the hehnet in order for you to be able to ride the device. Commissioner Diaz de la Portilla: Okay. You cannot ride the device unless you unlock the hehnet. Mr. Conforme: Yeah, exactly. Commissioner Diaz de la Portilla: Okay. Mr. Conforme: Thank you. Commissioner Diaz de la Portilla: Hi, ma'am. Vivian Myrtetus: Vivian Myrtetus from Helbiz. So, they're a sit-down scooter. They're a different form factor. So, they're different than the other vendors. I can speak for ourselves. We would be able to implement that, but it would take some time to adapt our scooters. But it is possible. In the future, we just wouldn't be able to do it in two days' time. But they have a different form factor which allows it to be included already. Commissioner Diaz de la Portilla: So, we won 't allow you to operate then. So, you get left out of the mix. You 're okay with that, unless you figure out a way to do it quicker, right? Ms. Myrtetus: Yeah, there's -- yeah, we would have to source the helmets and find a safe way to attach them. Commissioner Diaz de la Portilla: (INAUDIBLE) the will of the Commission. Ms. Myrtetus: The problem is that we'd have to find a safe way to attach them to make sure they're not a deterrent or a safety hazard for riders and that it was secured properly. So, that would be a concern to make sure that we're doing it properly. Commissioner Diaz de la Portilla: And what I'd like to do -- any other company representatives from different companies here? Mr. Hannon: Chair, I'm sorry, can you get the speaker's name again? Commissioner Diaz de la Portilla: I'm sorry, your name, ma'am? No, you can tell us on the microphone, ma'am. Yes, your name and who you represent. Ms. Myrtetus: Vivian Myrtetus from Helbiz. Commissioner Diaz de la Portilla: Okay. Any other representative from the companies? Some of the vendors? Everybody, nobody wants to say they're going to do helmets here or you guys want us to vote it down? It's up to you, right? Ignacio Tzoumas: Hi, I'm Ignacio Tzoumas. I'm the CEO (Chief Executive Officer) for Bolt Mobility. Commissioner Diaz de la Portilla: Good morning. City of Miami Page 30 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Mr. Tzoumas: And we can do the helmets, but the problem with doing the helmets is making sure that they are easily available, and then also the enforcement would be taking a picture before you start riding that shows that you have the helmet on. Commissioner Diaz de la Portilla: What's your time frame for -- for doing it? Mr. Tzoumas: We have the hehnets available. It's getting the helmets onto the scooters in a way that is not intrusive. Commissioner Diaz de la Portilla: So what's the answer to the question? What's your time frame? Mr. Tzoumas: Two weeks. Commissioner Diaz de la Portilla: Two weeks. Okay. Alright, thank you. Mr. Hannon: Mr. Chair, again, I'm sorry. I need the speaker's name. I couldn't -- Commissioner Diaz de la Portilla: You have to give your name. I'm sorry. I'm sorry. Mr. Tzoumas: Ignacio Tzoumas. Commissioner Diaz de la Portilla: Ignacio. Mr. Tzoumas: Thanks. Commissioner Diaz de la Portilla: Thank you. Vice Chair Russell: Mr. Chairman -- Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: -- question for the City Attorney regarding helmets. I believe there's a state law preempting municipalities with regard to how they regulate scooters that they must treat them like bicycles and that the current law for bicycles is a mandate for helmets for those under 16 but not for above. Are we preempted from mandating hehnets? Ms. Mendez: If we were to mandate helmets, it would have to he an ordinance. It couldn't be by reso or anything like that. So, we're still doing the research to see if we are preempted or it could be under our home rule with regard to helmets. But you would need an ordinance. It could not be under -- Commissioner Diaz de la Portilla: Well, that's why we're doing -- Ms. Mendez: -- our present -- Commissioner Diaz de la Portilla: -- both today. That's why we're beginning the process of doing an ordinance and a resolution, right? Resolution and an ordinance, right? We did have a 10-day notice for ordinance for the December 9th meeting, right? Ms. Mendez: Right, so if we did an ordinance, which we don 't have the exact draft today, it would have to be first reading today with a second reading -- Commissioner Diaz de la Portilla: Right, which is what I requested. City of Miami Page 31 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Ms. Mendez: -- not on December 9, it would have to be in January -- Commissioner Diaz de la Portilla: Correct, that's what -- Ms. Mendez: -- 9th, I believe is the next meeting. Commissioner Diaz de la Portilla: What I was requesting was that we do both for that reason, but I don't believe that we can -- we can be more -- I believe that we can be more restrictive in what we do in a reso, based on the state law, which I've read, but maybe I'm wrong. Ms. Mendez: Right, we're still doing the research on the state law -- Commissioner Diaz de la Portilla: Right. Ms. Mendez: -- to see if we are fully preempted or it could be under an ordinance. Commissioner Diaz de la Portilla: Right. Ms. Mendez: That's what we're trying to figure out with regard to adding a helmet provision. Because arguably we could be preempted and that 's what we're trying to figure out. Mr. Ihekwaba: So, Mr. Chair? Commissioner Diaz de la Portilla: Yes, before we have -- we have another representative. Well go back to you, Zerry, don't worry, we're not done yet. Mr. Ihekwaba: No, I just want to clarify -- Commissioner Diaz de la Portilla: Yes, you're recognized. Mr. Ihekwaba: -- on the helmet issue, right? Commissioner Diaz de la Portilla: Yes. Mr. Ihekwaba: The city of Orlando, Florida has a language that says use of helmet is strongly encouraged. Commissioner Diaz de la Portilla: Right, I know, I understand, that's why you said it, right. But that means that unless we get a commitment from them and a contract with them, I guess, right., that they're going to do it, right? They can contractually obligate themselves to do it, right? Can they? Ms. Mendez: If they would agree, arguably. Commissioner Diaz de la Portilla: Well, of course, yes, it's a contract, right? They would agree. So, let's see, do you agree? Jose Felix Diaz: Well, what I was going to say is you asked whether it was feasible or not. Jose Felix Diaz, 2 Alhambra Plaza. I work with Bird. I'm a registered lobbyist for Bird and have been involved with the program from the beginning. And in that course, we have distributed thousands of helmets in Miami. So conceivably, people already have helmets, and there are thousands of them in Miami, could start riding as early as tomorrow. Now, a greater number of helmets would have to be distributed and we'd have to come up with a plan to give helmets to more people. But there are a lot of people that have helmets in Miami -Dade already, and you could also bring your own City of Miami Page 32 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 helmet, right? It doesn't have to be a Bird scooter helmet. So if people want to ride with a helmet or you ask us to ride with a helmet, we have the capacity immediately to have people use helmets. Commissioner Diaz de la Portilla: Yeah, BYOH (Bring Your Own Helmet), right? Something like that. Mr. Diaz: I mean, as a rider -- Commissioner Diaz de la Portilla: You have the disposable -- you have the disposable helmets, right? Mr. Diaz: Yeah, look, as a rider -- Commissioner Diaz de la Portilla: The disposable interiors. Mr. Diaz: --I would prefer to have my own. Commissioner Diaz de la Portilla: Right. Mr. Diaz: And the helmets are not terribly expensive. We 're not giving away $50 helmets. Commissioner Diaz de la Portilla: Right. Mr. Diaz: They're helmets that do the trick. I have a couple of my own, and I've used them myself. I prefer not to use them. But if that were the mandate of the City -- Commissioner Reyes: Mr. Chair? Commissioner Diaz de la Portilla: I'm going. You're recognized, Commissioner. Commissioner Reyes: Yes, you're talking about helmets. You're going to -- I mean, you're going to give the helmet, or they have to buy it? Mr. Diaz: No, we've given them for free. Commissioner Reyes: For free? And -- wow, you're giving it for free and you think that helmet is going to -- a person that is riding at 10 miles -- because if you're going to ride at 10 miles an hour and it's going to go head first against the pavement, that helmet is going to protect it? Mr. Diaz: It's a pretty good helmet. At 10 miles per hour, if you got into accident, I believe you'd be more protected than not having a helmet. Commissioner Reyes: Well, more protected, but it's going to be protected. Mr. Diaz: I'm not a helmet scientist. Commissioner Reyes: You see? Well, you know, the thing is, the thing is, I don't want to, I don't want to, in top of the danger, I don't want to give the riders a sense offalse security because -- and I'm using -- I'm still using that point of reference, the bicycle, the helmets and the bicycle -- the bicycle helmets that we buy for our kids and we buy -- if we're right, they are not that inexpensive, they are not made out of plastic because you give them a little plastic to put on top of the head, that's not going to protect them as you want to protect them. So, be very careful with that because -- City of Miami Page 33 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Mr. Diaz: I understand. Commissioner Reyes: -- even, 1 mean, any time you go skiing, you go skiing and you buy a helmet, it is very sturdy and if hit, unless you break your neck, but if you hit something, it's not going to break and it's not going to hurt you. Okay? Mr. Diaz: Well, yeah, I understand there's no such thing as a perfect helmet for this scenario, but I would like to point out in the state of Florida, you could drive a motorcycle without a helmet, and the helmets that they do have for motorcycles can 't protect a 50 mile per hour accident. So, you know, a helmet can make it safer, it does not make it perfect, and I think that the whole point of the program, the micro - mobility program, is to get people out of cars. And every year, there are millions of people that die in car accidents, and nobody's wearing a helmet when they're in their car. Commissioner Reyes: Heart attack. From heart attack, a lot of people -- Applause. Commissioner Reyes: People die from heart attack. Mr. Diaz: Sorry, Commissioner? Commissioner Reyes: People die from heart attack and fall -- a lot of people fall on the bathtub, too, you see? Mr. Diaz: We should buy them helmets. Commissioner Reyes: But the thing is that you don't push people so they fall., or you don't -- when somebody, I mean, has a heart ailment, you do everything that is possible in order to avoid that heart attack. Mr. Diaz: Of course, I agree. Commissioner Diaz de la Portilla: And look, there's a balance. Everything in life is about a balance. There are pedestrians, there are older people, there are younger people that need micro -mobility. There's a balance. And what this commission or what any government tries to do is to find that balance. And that 's what we're trying to do. That's all. (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: No, I'm talking to you. I'm talking to everybody in general. Commissioner Reyes: I'm not saying -- Commissioner Diaz de la Portilla: But look, what we're trying to do is we're trying to find that balance. Because we have to have -- I always tell people that I like to have like one foot in the new Miami and one foot in the old Miami. I belong to both -- Commissioner Reyes: Me too. Commissioner Diaz de la Portilla: -- in the way, I've lived my life, right? And I think that it's important that we find that balance. So micro -mobility does matter. It does matter in places where you're stuck in traffic fOr three hours and trying to cross over the Brickell Bridge. That matters. Or you're going to get from a job to another job. It City of Miami Page 34 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 also matters that some kid who's 14 years old, because before scooters were a micro - mobility mode of transportation, they were a toy. Remember? Many years ago. And kids sometimes see it that way still and parents sometimes see it in today's parenting world. Here, take the iPad. Here, take the moped back then in my age, right? Or take the scooter. And that's what we have to try to control. So, government comes in to provide safety for people and security for all its residents, not only for a small part of its residents, a small section, but for all of us. And that 's what we're trying to do here. That's why when we moved last commission meeting to halt the program was because there were concerns. Because I believe, and I still believe, that the companies were not doing enough to address the safety issues. 1 believe that now they 've come to the table and they're beginning to address those issues. Helmets is part of that conversation, as are other things, right? And we'll continue to have it. I also believe that government moves very slowly. I've always said that from the moment I got here, in issuing an RFP and scoring and getting to a permanent program. There 's a place for scooters in Miami, there 's no doubt about that. But how we regulate it, how we protect other citizens and other residents is important too. And that's kind of the debate we need to have between now -- and by the way, Commissioner, they'll continue, the debate hasn't ended. This is the beginning of that debate. Today we're going to do something, perhaps, we'll have the will of the dais, but we'11 continue. There'll be an RFP on January 15th, I think Zerry's going to complete what the actual resolution does -- Commissioner Reyes: I agree. Commissioner Diaz de la Portilla: -- and then well take it from there. Commissioner Reyes: I agree with you. Then why we are here? Then let's wait until the RFP comes in. I mean, why we're here? And let's address those -- Commissioner Diaz de la Portilla: We're here to mandate -- Commissioner Reyes: Hold on a second, sir. Commissioner Diaz de la Portilla: I'll tell you why we're here. Commissioner Reyes: Let the process take its place, and then all those, I mean, conditions that have been taken here. If there is a place for scooters in Miami, it should be a limited place where they are effective. In Miami, in -- Commissioner Diaz de la Portilla: That's what we're doing, right? Commissioner Reyes: No, no, no, no, that's not what we're doing. What we're doing is we are back -- I mean, backstroking (INAUDIBLE). What we did is, well, okay, let's close it because now we have this problem. And we have an RFP that is, I mean, that already is going to be analyzed which company they are going to be chosen. Now if those companies, let's let it, I mean, take its course. Those companies that are going to be chosen, they have to come up with measures of security, what they're going to do it, where they're going to -- I mean, we have to decide if people -- I mean, the commissioners agree, where they should be implemented. I mean, I don't believe -- I don't believe that this is -- I mean, scooters, there's not every single neighborhood is - Commissioner Diaz de la Portilla: Yeah, we agree with that. Commissioner Reyes: -- is a place for scooters. And I don't believe that unless we have an enforcing mechanism that is going to cost money, any of these measures are going to be implemented. City of Miami Page 35 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Diaz de la Portilla: Yeah, well -- Commissioner Reyes: Because we -- hey, listen, it is like that old saying in Cuba, (FOREIGN LANGUAGE). You see, that dog bit me once. When we came here and all of those measures were implemented -- Commissioner Diaz de la Portilla: But the difference is, this is a new dog. It's a different dog. Commissioner Reyes: If you say so. Commissioner Diaz de la Portilla: So -- no, I know so, because look, what we did was by halting the program, shocking the system, and forcing the government, the Administration in this case, to issue an RFP on a timely basis and to have this conversation during an interim period about how we implement safety measures. So change is coming. You can't fight it. It's going to happen anyway. It's going to happen anyway. The question is, do we regulate it? Do we provide safety measures to ensure that other parts of our population is safe and more secure? That 's the only debate we're having here. So the reason why -- let me finish, please. Look, it's my turn now. Commissioner Reyes: Sure. Commissioner Diaz de la Portilla: The only reason why we're doing it is to provide the additional safety measures, the enforcement, that's part of the conversation. MPA enforcement., additional police officers, or the same police officer that stopped somebody from speeding is going to stop somebody from not wearing a helmet, the same way they do it now. So it doesn't matter. The point is that the people that -- scooters are being implemented throughout the world. It 's going to happen in Miami too because Miami has to move forward. Commissioner Reyes: Okay, okay. Commissioner Diaz de la Portilla: Now, how we regulate it, and how we do it, and how safe we make it, that's our job. That's the only argument. Commissioner Reyes: I don't -- I'm not discussing anything. Applause. Commissioner Reyes: I am not discussing that. What I'm saying is this. What I'm saying is this. I know the change is coining, but change for the sake of changing. It is not -- I mean, you know that it doesn't work all the time, okay? And sometimes it is negative. Now what I'm saving is this. We have an RFP that is coming. Now what you're doing here, what we're doing here, what we're doing is saying, okay, now take these measures and safety measures, promise that you're going to do it and go back out there and start renting. That's what it is? Commissioner Diaz de la Portilla: No. Commissioner Reyes: That's what it is? Commissioner Diaz de la Portilla: This is the first step. Commissioner Reyes: When this is going to take place? When this is going to take place? City of Miami Page 36 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Diaz de la Portilla: Well, no, it's the first step. The companies have been put on notice that they're going to have -- the safety requirements are in place. The resolution says that. Now they know what they need to do. They've all -- three of them have already said, and others that I've spoken to have already said they're going to do them, because if they don't do them, you know what happens? We don't pass a law. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: When the RFP comes out, it doesn't matter. We have to pass -- this commission has to pass it. Commissioner Reyes: Listen -- Commissioner Diaz de la Portilla: So, if they don't do what they say they're going to do, they're done. Commissioner Reyes: Commissioner, I'm only one simple vote. Commissioner Diaz de la Portilla: I know. Commissioner Reyes: As you see. Commissioner Diaz de la Portilla: But a very important vote for me. Commissioner Reyes: No, you're -- I mean, everyone here. Commissioner Diaz de la Portilla: But I think you're fine. I think you're fine. Commissioner Reyes: But I'm just a vote. I have my beliefs and my conviction and a clear conscience, I cannot vote for this -- Commissioner Diaz de la Portilla: I know. Commissioner Reyes: -- that in every place without an enforcing agency in certain areas, if it's going to be used in certain agencies. And also, that that enforcing agency has to be properly funded. I don't want my police to be leaving their post and chasing. Hey, listen, people are breaking traffic laws every day and they don't give them a ticket. How do you think that they're going to go and they're going to see a scooter going down the street and they're going to give them a ticket? I have seen people taking that. I'm telling you, Mr. Chief I have seen people running a red light in front of a police officer and the only thing that they do is that they look at it, and they don't do that. How are we going to expect that they are going to be chasing a kid that it is riding in a scooter? How? Commissioner Diaz de la Portilla: The same way you enforce -- Commissioner Reyes: We have -- we have to be realistic. We have to be realistic. It costs money. If you're going to do it, let's have the proper enforcing agency or the enforcing force fully funded. Who is going to fund it? Where the money, is going to come? Because it's going to cost us money. It's going to cost us money. It's going to cost the taxpayer money. Commissioner Diaz de la Portilla: We pass laws all the time that cost money. Commissioner Reyes: Okay, well -- City of Miami Page 37 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Diaz de la Portilla: And we have enforcement and we stiffen penalties for all kinds of violations, traffic infractions, and that happens all the time. There's nothing new. You know, seat belt laws, all sort of laws that we pass on a regular basis in Tallahassee and here that have penalties. So, people -- you have to have a penalty in place, a stiff penalty in place, so people abide by the law. The enforcement agency is the same agency (UNINTELLIGIBLE). Commissioner Reyes: But what are the penalties? Commissioner Diaz de la Portilla: It doesn't change. It doesn't need additional personnel, additional money. Of course not. Commissioner Reyes: Okay. According to -- Commissioner Diaz de la Portilla: For example, the police -- you don 't hire an additional police officer to -- for a seat belt primary violation. If you 're speeding, the same guy who gives you a speeding ticket gives you a seat belt ticket. It 's the same police officer. Commissioner Reyes: Mr. Chair, with all due respect, we have a memo here that says there's going to be a fine of $250. I mean, everybody here, everybody here but a couple of people are in favor of this because they work there. You are in favor of doing it, he is in favor, and 1 don't know how Ms. King is going to vote. 1 mean, why are we just arguing back and forth? Commissioner Diaz de la Portilla: We're not, we're having a conversation. Commissioner Reyes: Let's -- let's -- let's just vote on this and go home. Commissioner Diaz de la Portilla: Let's -- (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: -- let's recognize Commissioner King then, how about that? Commissioner King: Thank you, Chair. I'd like to say that we do have to be thoughtful in our deliberations with this program. And I understand micro -mobility, but profitability cannot be a deciding factor on how we keep our communities safe. I am concerned. I would not be in favor of any program that does not require helmets. Commissioner Diaz de la Portilla: I agree. Commissioner King: And I would go a step further to say that riders should have some form of training. No matter how old you are, if you are getting on this scooter for the first time and you don't know how to operate the scooter; you put yourself in danger. I saw a young lady in Midtown who was well over 18 on the scooter fall and bust her derriere. She didn't report that she was injured. She was. She didn't report that she was injured. So, we don't have the statistics to say how dangerous this program is or how dangerous, you know, it isn't. I know with the rental of jet skis, you have to take a training course. You have to, you know, provide your driver's license and all kind of measures. Because one, the jet ski companies don't want their jet skis to come back damaged -- Commissioner Diaz de la Portilla: Of course. City of Miami Page 38 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner King: -- in addition to, you know, the rider being harmed. I'd like to revisit what Commissioner Reyes asked about the lawsuits and the City being held harmless. Can that be enforced? Because the City is, after all, deep pockets. So, if I fall on a scooter and I hurt myself of course I'm going to sue the City, because it's a program in the City. So, could you address the lawsuits that Commissioner Reyes referenced? Commissioner Diaz de la Portilla: We have sovereign immunity also, right? Ms. Mendez: Right. Well, the issue is on -- we have a contractual -- we have contracts with these companies that they will hold us harmless and defend. So, they have been handling these lawsuits and we have not paid out anything. So, it is a contractual obligation. If not, we were not going to enter into this program. Commissioner Diaz de la Portilla: Right. Ms. Mendez: Even though Commissioner Reyes voted against it, he definitely grilled me on the fact that we needed the hold harmless provisions and that 's how these have been handled. The City has not paid out anything on these claims or handled the lawsuits. They are being handled by the companies. Commissioner King: But what if I'm on a scooter and I fall as a result of the sidewalk being in disrepair? Ms. Mendez: They still have to -- they still have to handle it. It was a full coverage hold harmless. Commissioner King: Okay. Okay. Commissioner Diaz de la Portilla: They're completely responsible for everything. Ms. Mendez: Yes. Commissioner King: Just making sure. Commissioner Diaz de la Portilla: That was a very important component for me too -- Commissioner King: Right, just want to make sure. Commissioner Diaz de la Portilla: -- by the way, Commissioner. For me, that was very, very important when the first deal came out. That was very important that we contractually' obligated that they handle all that. Commissioner Russell, you're recognized, and then we're going to allow Zerry to finish, which I interrupted like ten times already, right, Zerry? Vice Chair Russell. Yeah. Commissioner Diaz de la Portilla: Sorry. Vice Chair Russell: My question is for Mr. Ihekwaba though. We haven't had any fatalities in the city of Miami on an electric scooter, correct? Mr. Ihekwaba: I would defer to the City Attorney on that or the chief of police. Vice Chair Russell: Okay, my -- I believe we would have heard of it. My understanding, we have no fatalities in the. four years. City of Miami Page 39 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Mr. Ihekwaba: Not that I'm aware of. Vice Chair Russell: Okay. Now I have a hypothesis that part of the reason for that is we do allow scooter riding on the sidewalk where there are no bike lanes. And my concern is, you had mentioned earlier a recommendation, other cities have no sidewalk mandates, that if we force scooters only in the streets, that we may actually see fatalities, because that's where the fatalities are going to happen. And that's why it was a hard decision at first to create a hybrid system where they would be allowed on the sidewalks and we're trying to figure out a way to reduce speed on sidewalks, et cetera, it's technologically difficult. But until we have a safe bicycle lane infrastructure, 1 would not be comfortable with saying street only use because I believe we will have fatalities. And that also then lends itself to the speed limit issue. We've got them down to 10 miles an hour. Anything below that, they're actually unstable to ride. There's a certain -- Commissioner Diaz de la Portilla: Is there any scientific evidence to that? Mr. Ihekwaba: So, if I may -- Commissioner Diaz de la Portilla: To that -- Mr. Ihekwaba: -- ifI may. Commissioner Diaz de la Portilla: Yes, yes. Mr. Ihekwaba: We already require, I believe, several miles per hour on the sidewalks. Vice Chair Russell: On the sidewalk, yeah. Commissioner Diaz de la Portilla: Of course, right, yeah. Vice Chair Russell: But my point is, especially in the street,, you want them to be able to go with traffic if they're in the street. And if they are too slow, one, they become a hindrance within traffic, but two, there is an -- I mean, I've been testing these since they came out. And under a certain speed, you lose a certain stability. And so there is a safety element in keeping some of that speed limit up on the streets, for sure. So, I'm just saying, as we're trying to make it as safe as possible, I want to be clear -- Commissioner Diaz de la Portilla: But what's the empirical evidence to that? I mean, where do you get 10 versus 7 versus 8? Where do you get that? Vice Chair Russell: So, we incrementally reduced the speed limit. And we did tests. And my staff even went out and did test with the companies as we reduced to figure out what that sort of sweet spot was. And the scooter companies will tell you as well. It's not up to them. Commissioner Diaz de la Portilla: Well, they're going to tell you as fast as possible. Vice Chair Russell: No, they don't want it as fast as possible. They want to continue a program. And if there are fatalities or people are having an uncomfortable ride, they're going to push against that. Commissioner Diaz de la Portilla: Actually, it's a very good point. Vice Chair Russell: Yeah. City of Miami Page 40 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Diaz de la Portilla: It's a very good point. It's in their best interest to make sure the program is safe, except that sometimes government has to push you to do it to make it clear that you have to do it. But of course, it's in their best interest because they don't want a fatality and they don't want an injury because if they do have that, then their program, you know, goes south. So, obviously, there's an incentive for them to get it right. Commissioner Reyes: Mr. Chair, I mean, this point is information. Commissioner Diaz de la Portilla: Yes, sir. Yes, sir. Commissioner Reyes: I have here a report by UNC (University of North Carolina) Highway Safety Research Center. There are 53 fatalities here in the United States. 53 fatalities. You see? We haven't had one, but we had in Tampa. You see? They were in Tampa, Washington, Chula Vista, Austin, San Diego, Santa Monica, Tulsa, Nashville, Atlanta, you see Tampa, Tampa again, Tampa again. Commissioner Diaz de la Portilla: Sure. Commissioner Reyes: You see, we had -- and this is, you see, that is why I am so concerned about safety issues, enforcement., and all of that. You know why? Because I don't want to vote for something that, or for a program that although we drive every day, yes, sir, we drive every day, and people get killed every day, and unfortunately, this is what we have. Let's not add fatalities. That's my problem, you see? Let's not add fatalities. So, this is why 1 don't want to -- I don't want to vote for something that has the potential. Commissioner Diaz de la Portilla: I think you made your position very clear. Commissioner Reyes: I mean, I'm just saying that he said there hasn 't been a fatality. In Miami, there hasn't been -- Commissioner Diaz de la Portilla: No, it doesn't matter in Miami. Commissioner Reyes: -- but there have been fatalities all over -- Commissioner Diaz de la Portilla: There's fatalities all over -- Commissioner Reyes: -- all over the state. Commissioner Diaz de la Portilla: -- on all kinds of stuff [Later... ] Commissioner Diaz de la Portilla: Mr. Zerry, you want to finish what the resolution does finally and we'll get there? Mr. Ihekwaba: So, Mr. Chair, we would love to include additional measures in terms of safety, some of which to take a second look on the operating hours of the scooter program. Right now, there's no hard and fast rule. Most of them will operate during the regular working hours from 6 a.m., some of them up to midnight. We've looked at some other municipalities, they cut the operating hours at perhaps between 8:00 and 9 p.m. So, we're looking at that as some measure that will be very good in terms of stemming the safety concerns that have been expressed today. Additionally, we are struggling with the current program being operated on both county road and state road and roadways that have more than a speed limit of 25 miles per hour, which is a potential concern for safety. So, we may have to to consider prohibiting the use of City of Miami Page 41 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 scooters on public right-of-way with posted speed limits greater than 35 miles per hour. Commissioner Diaz de la Portilla: 35? Mr. Ihekwaba: Yes, sir. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Mr. Chair? Commissioner Diaz de la Portilla: Between 35 and 45 and 25, you get hit in a scooter, you're going 35, and you're going 25, what's the difference? Mr. Ihekwaba: So, most cities -- Commissioner Diaz de la Portilla: You're still going to fly, right? Mr. Ihekwaba: -- most cities nationwide would not allow scooters in any roadway that has a posted limit -- Commissioner Diaz de la Portilla: It's a national model. It's a national model. Mr. Ihekwaba: -- of more than 25. Commissioner Reyes: National model. Commissioner Diaz de la Portilla: 25, right. Okay. You're recognized, sir. Commissioner Reyes: I just want to clarify. The state very clearly, clearly prohibits -- that's what I was told, unless there have been some changes -- the scooters on the roads. They are allowed on the street only, right? Isn 't that the law? Commissioner Diaz de la Portilla: No. (COMMENTS MADE OFF THE RECORD) Mr. Ihekwaba: Not necessarily, because Biscayne Boulevard is a state road within the city of Miami. Commissioner Reyes: So they can be on the road? Mr. Ihekwaba: Yes. Commissioner Diaz de la Portilla: Yes, sir. Commissioner Reyes: That means that they can be on 8th Street, right in the middle of the road and nothing could happen? Mr. Ihekwaba: Well, I think -- Commissioner Reyes: You have to just go around. I'm just asking. Mr. Ihekwaba: Commissioner, 8th Street is a little different. We do have an interlocal agreement with the State Department of Transportation specific to 8th Street. City of Miami Page 42 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Reyes: But let's say on 17th Avenue. Let's say on Biscayne Boulevard. They can be riding on the road. Mr. Ihekwaba: Right now, I don't think -- my experience is that most of the scooters on Biscayne Boulevard -- Commissioner Reyes: Sir, excuse me. I'm talking about the law. The law. The law allows them to ride on the street. Does it? Mr. Ihekwaba: It does. Commissioner Reyes: It does? Mr. Ihekwaba: Yeah. Commissioner Reyes: So, any rider could be, or a couple of riders, they could be, very literally, be riding on Biscayne Boulevard at any time of the day or in any one of our streets. I mean, just occupying a driving lane. Mr. Ihekwaba: So, Commissioner, my understanding is that scooters are considered motorized vehicles. Commissioner Reyes: Then, the answer is yes -- Mr. Ihekwaba: So, they're allowed to (UNINTELLIGIBLE) public right-of-way. Commissioner Reyes: -- or no. Mr. Ihekwaba: Yes. Commissioner Reyes: And that's what I wanted to know. So, on 27th Avenue, at 5:00 in the afternoon, there can be one scooter right in the middle of the right lane and another one on the next lane. And nothing -- I mean, the traffic could be all backed up, but they can still, by law, by law, they can ride on the street. That's insane. Unidentified Speaker: Yeah. Vice Chair Russell: That's exactly the rule of a bicycle. Commissioner Diaz de la Portilla: Commissioner Russell. Vice Chair Russell: Thank you for recognizing. The state law treats scooters like bicycles, and currently in this moment on 27th Avenue there's a shared lane that allows a bicycle to share a lane with the car so the scooter has the exact same rights as a bicycle. So, we're not inventing any new hindrance here. This is what bicycles are already allowed to do. Commissioner Reyes: Bicycles go faster to start with and -- and -- and sir, we don't have bicycle lanes every place. And let me tell you something being as well educated as our drivers are, you see, because they are the best drivers in the world, most of them -- Commissioner Diaz de la Portilla: Right next to New York, right? Commissioner Reyes: Next to New York. I mean, New York and I lived in New York, and I've driven in New York a lot. You see, our drivers, they respect, and they don't even park there. You see, they respect the bicycle lane, which is, I mean, it's almost City of Miami Page 43 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 impossible to believe that, you see. So, 1 want everybody to understand, and you guys to understand, what the problem that could create a scooter at 10 miles an hour going on one of the major thoroughfares, particularly, particularly, 1 mean, now we have peak hours is 24/7, you see, but during peak hours, the problem that we are creating, I just want to know -- you guys, everybody to know that, just think about it and since you are thinking about solutions, I'm leaving that up to you, that you are going to fix everything that is wrong, you 're going to -- this is going to be the best thing that ever happened since toilet paper, you see? I mean, everything is good, okay? So, now I'm just leaving you with that. Commissioner Diaz de la Portilla: Okay, thank you, Commissioner. Want to say something? Vice Chair Russell: I'm ready to bring a motion if you 're ready. Commissioner Diaz de la Portilla: Well, give me one second. Is Zerry finished? When you do, I have a couple of questions for you first. Then I'll recognize for a motion, sir. Mr. Ihekwaba: Commissioner, I think I've said quite enough in terms of recommendations for enhancements of safety. Commissioner Diaz de la Portilla: So, let's talk about practicality. Mr. Ihekwaba: Sure. Commissioner Diaz de la Portilla: Okay, let's talk about what actually happens tomorrow. What actually happens tomorrow for the layman, for the layman in the group? Mr. Ihekwaba: So, one action the Commission can take today, which can be implemented the next day, is to cap the operating hours of all scooters in the city. Commissioner Diaz de la Portilla: Have what? Mr. Ihekwaba: To kind of set a limit to the operating hours. It could be from 6: 00 in the morning to 8 p.m. at night. Commissioner Diaz de la Portilla: Right, okay. And we can also limit the number of scooters. Mr. Ihekwaba: I think we've already done that. Commissioner Diaz de la Portilla: Okay. Mr. Ihekwaba: We've already capped it at four scooters per city block. Commissioner Diaz de la Portilla: Yeah, but that's absurd. Because seven times four is 28. Seven companies. Mr. Ihekwaba: No, no, no. That's not what the ordinance would be. Commissioner Diaz de la Portilla: Well, I think we had this conversation before. Mr. Ihekwaba: No, no. I think it's seven per block, max. Commissioner Diaz de la Portilla: Four per block. City of Miami Page 44 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Mr. Ihekwaba: Yeah, per block. It's not seven times four. Commissioner Diaz de la Portilla: It's not? Mr. Ihekwaba: No. Just four. Commissioner Diaz de la Portilla: That's what our city manager told me when I asked this question last time, that it was four per operator. Is that correct? Ms. Mendez: So, the -- Commissioner Diaz de la Portilla: Any representative here from the any representative here from the companies? Unidentified Speaker: Four per block. Commissioner Diaz de la Portilla: Is it fbur per block total? (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: Total or is it four per company? Now tell me I can't hear you. Unidentified Speaker: Per vendor. Commissioner Diaz de la Portilla: Per vendor, so 7 times 4 is 28 per block. Unidentified Speaker: Per block. Commissioner Diaz de la Portilla: Per vendor. That's a problem. Mr. Ihekwaba: That's not correct (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: Well, that's what I'm hearing, two different things from the Administration. Our city manager told me something, you're telling me something else. So, let's get the right answer so that I know what I'm talking about. Mr. Ihekwaba: I stand corrected, Commissioner. Commissioner Diaz de la Portilla: Is it? Mr. Ihekwaba: Yeah. Commissioner Diaz de la Portilla: It's four -- Mr. Ihekwaba.: Four per block. Commissioner Diaz de la Portilla: -- per vendor. Mr. Ihekwaba: Yeah, per vendor. Commissioner Diaz de la Portilla: So, that's 28 per block. Mr. Ihekwaba: I don't think in most cases you have 48 or -- Commissioner Diaz de la Portilla: No, no, no, no, potential. City of Miami Page 45 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Mr. Ihekwaba: I'm talking about practicality. Commissioner Diaz de la Portilla: No, no, not practicality. Practicality is what happens tomorrow. The question now is a potential of 28 per block, correct? Mr. Ihekwaba: I think this discussion can actually create new rules and regulations that can be implemented -- Commissioner Diaz de la Portilla: Well, that's what I'm talk -- Mr. Ihekwaba: -- the next day. Commissioner Diaz de la Portilla: That's what 1'in getting at. So, we want to limit. Mr. Ihekwaba: Yeah. Commissioner Diaz de la Portilla: That's one of the things we spoke about. We have too many, right? We want to limit the number of -- one second, you already spoke, sir, but you have to clarify something? Kevin Amezaga: Yes. Commissioner Diaz de la Portilla: Come clarify quickly. Mr. Amezaga: So, the limit set in January by the City Manager was four per vendor per road segment. It was not per block. Commissioner Diaz de la Portilla: Okay, per road segment, which is what? Mr. Amezaga: So, that's between two intersections, that includes both block faces. So, for example, on South Miami Avenue and 8th Street, between 1st Avenue and Miami Avenue, you can have 28 scooters in total between those two block faces. Commissioner Diaz de la Portilla: Between what avenue and what avenue? Mr. Amezaga: Between 1st and Miami Avenue and Brickell, for example, in front of Brickell City Centre. Commissioner Diaz de la Portilla: Yes. Mr. Amezaga: The entire both block faces -- Commissioner Diaz de la Portilla: Both sides. Mr. Amezaga: -- so in front of Brickell City Centre and in the shopping plaza in front of it, both of those block faces can have -- Commissioner Diaz de la Portilla: That's crazy. That's what we did. That's crazy. Mr. Amezaga: So, it's 28 in total between those two block faces. Commissioner Diaz de la Portilla: And we're going to address that so we can also limit that today, right? Mr. Ihekwaba: That's correct. City of Miami Page 46 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Diaz de la Portilla: Madam Attorney, does our resolution allow us to do that or do we have to go through the ordinance process? Ms. Mendez: No, no. You -- the Manager can do that. Commissioner Diaz de la Portilla: Okay. Ms. Mendez: The only thing is that -- and you brought up a valid point, so you have to be very specific because the ordinance, as originally drafted, was like up to 100 per operator. So, whatever you do, just think per operator. Commissioner Diaz de la Portilla: That's what 1 -- that's what I'm asking, I think, right? So, it's per operator, we have seven operators. So, how about helmets? What do we do with helmets? Ms. Mendez: The helmets would have to be through ordinance. Commissioner Diaz de la Portilla: Right. Ms. Mendez: Which you're not technically doing today, unless you bring a first reading, but you won't have any of that implemented until January. Commissioner Diaz de la Portilla: But we don't have to re -implement anything, right? Ms. Mendez: Right now, in the ordinance as drafted, you do not have helmets. Commissioner Diaz de la Portilla: Yes, well we want to add that to it so -- Vice Chair Russell: Why would that need to go by ordinance? Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: As the management reserves the right throughout the program, as stated in the ordinance, to implement additional safety measures. Ms. Mendez: As you brought up yourself a little while ago, state statute has certain limits. Vice Chair Russell: Oh, because of the state statute -- Commissioner Diaz de la Portilla: Oh, because of the state statute. Vice Chair Russell: -- preemption, it would need to be done by ordinance. Ms. Mendez: So, we would have to -- we would have to make the arguments that this is based on home rule. It's not a hundred percent. Commissioner Diaz de la Portilla: No, I understand, but it's not -- Ms. Mendez: So, it would have to be through an ordinance. Commissioner Diaz de la Portilla: -- 100 percent the other way either so -- Ms. Mendez: Correct, but it would have to be through ordinance not necessarily -- Commissioner Diaz de la Portilla: So, we can't direct the City Manager to say they have to have helmets right now? City of Miami Page 47 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Vice Chair Russell: Here's what you could do. Commissioner Diaz de la Portilla: Tell me what we can do. Vice Chair Russell: You could have the Manager mandate that all scooter companies provide a helmet with every single scooter. The creation of a mandatory ordinance enforcing it -- Commissioner Diaz de la Portilla: Is something else. Vice Chair Russell: That would be enforceable, it would be something different. Commissioner Diaz de la Portilla: Of course. It's something else. Contractually, they can do it, right? Ms. Mendez: If they agree. Commissioner Diaz de la Portilla: Well, if they don 't agree, then they don 't operate. Ms. Mendez: And that's where -- Commissioner Diaz de la Portilla: Right, it's a contract. Ms. Mendez: Right, but then that's where we might get into the difficulties of what an ordinance allows, right? So, yes. Commissioner Diaz de la Portilla: I don't think they're going to fight us. My gut tells me that they're going to be very compliant with what we ask them. What do you think? That's rnv gut. I mean, you've got a 3-2 Commission here on this one. Am I wrong? Representative, am I wrong? Vivian Myrtetus: Can I just ask a quick point of clarification? Are you asking for helmets on every device? Or could we have a helmet selfie where an individual, as he had mentioned, can bring their own helmet -- Commissioner Diaz de la Portilla: Yes, as long as -- Ms. Myrtetus: -- and that would qualify? Commissioner Diaz de la Portilla: -- the moment they get on, they have a helmet. I don't care how you do it. Ms. Myrtetus: Okay, Ijust wanted to clarify that. Vice Chair Russell.• Okay. Commissioner Diaz de la Portilla: Yeah. Ms. Myrtetus: If we could -- Vice Chair Russell: As long as they get on, I don't care how you do it. Ms. Myrtetus: Okay. Vice Chair Russell: But no one without a helmet. And there's different penalties. Okay? Is that okay, Representative? That works for you? Okay, and for every other City of Miami Page 48 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 representative of different companies? Okay, so you know what we want to do, right? You know the intent. The penalties. What are we doing with penalties? Zerry? Mr. Ihekwaba: So, Commissioner, the current penalty for violations of the ordinance has been placed at $250 per violation as a fine. If it is the will of the Commission, we may actually want to raise that -- Commissioner Diaz de la Portilla: Do you want to? Mr. Ihekwaba: -- as a deterrent. Commissioner Diaz de la Portilla: We want to raise that? To the company, right? The penalty is to the company. Mr. Ihekwaba: Yeah, to the company. Commissioner Diaz de la Portilla: Yes. Mr. Ihekwaba: So, I don't know what the will of the Commission is. Commissioner Diaz de la Portilla: I don 't know, what are you thinking, Commissioners? Ms. Mendez: We cannot raise -- Commissioner Diaz de la Portilla: Five hundred, a thousand? Ms. Mendez: -- we cannot raise that unless you do that per ordinance. We have a limit in the ordinance. Commissioner Diaz de la Portilla: Okay, so -- alright, so we'll do it next. Vice Chair Russell: But we'll get that in the permanent -- Commissioner Diaz de la Portilla: We'll get it through first -- Vice Chair Russell: -- the permanent version. Commissioner Diaz de la Portilla: Yeah, no, but we'll do first reading also. I want to do both today. Vice Chair Russell: Oh, you want to do this --? Commissioner Diaz de la Portilla: Oh, yeah. Vice Chair Russell: My suggestion -- I talked to the City Attorney about this this weekend -- was that we simply pass a resolution rescinding the last legislation that canceled the program. Commissioner Diaz de la Portilla: No. Vice Chair Russell: And that would reactivate the pilot program. What's the problem with that? Commissioner Diaz de la Portilla: The problem with that is that I don't like the previous program. City of Miami Page 49 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Vice Chair Russell: Right, but -- Commissioner Reyes: Hold on a second. Commissioner Diaz de la Portilla: That's why I made the motion -- Vice Chair Russell: No, no, I didn't finish, and I apologize. Commissioner Diaz de la Portilla: But that's why I killed it. Vice Chair Russell: But combining that with a second resolution directing the Manager for all the safety requirements. Commissioner Reyes: Hold on. Commissioner Diaz de la Portilla: I want the safety, requirements in place now. Vice Chair Russell: No, that's what I mean. Do it by resolution. Commissioner Diaz de la Portilla: Yeah. Vice Chair Russell: What's allowed by resolution. Commissioner Diaz de la Portilla: We're doing it by resolution, but we're also going to do first reading, and then between first and second reading, we can add and subtract as we move forward. Commissioner Reyes: Excuse me. Commissioner Diaz de la Portilla: So we don't lose time. Basically -- let me just finish for a second. Commissioner Reyes: Sure. Commissioner Diaz de la Portilla: So that we don't lose time. As it is right now, if we're going to do first reading today, we have to wait until first reading in January because we can't notice for December 9th and then -- Ms. Mendez: You can do it first reading December 9th, and we could tweak first reading December 9. Commissioner Diaz de la Portilla: I want to do it today if I can. If it's the will of the body. I want to do first reading today, get that out of the way. Everything the same as the resolution. If we have additional things we want to add to it, we can do that. Vice Chair Russell: But then you don't have a program for next week. If that was the whole objective -- Commissioner Diaz de la Portilla: No, no, there's two different things. Vice Chair Russell: Okay. Commissioner Diaz de la Portilla: There's a resolution that we have a program for next week. Vice Chair Russell: Oh, by rescinding -- City of Miami Page 50 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Diaz de la Portilla: There's an ordinance to move forward. It doesn't matter how the procedure -- how we do it. Ms. Mendez: Right, so you can have the resolution -- Commissioner Diaz de la Portilla: Yes. Ms. Mendez: -- implementing the program back with certain safety. Commissioner Diaz de la Portilla: With all these safety requirements, except the penalty that we cannot do -- Ms. Mendez: Right. Commissioner Diaz de la Portilla: -- because we have to do it by ordinance. Ms. Mendez: Correct. And then -- Commissioner Diaz de la Portilla: But we can add that to the -- hold on. I can ask a question, no? Then let me ask it. Then can we do a first reading including the penalty phase, that we're going to increase the penalties? Ms. Mendez: 1 would request that first reading, since you're adding helmets, doing penalties -- Commissioner Diaz de la Portilla: Sure, I told you last week. Ms. Mendez: -- all those things, I would request that that be done -- because there's no difference if you do it today -- Commissioner Diaz de la Portilla: Right, because of the notice requirement. Ms. Mendez: -- or it's December 9th, because you still need the second reading on January. I think it would be cleaner -- Commissioner Diaz de la Portilla: Oh, the difference is -- Ms. Mendez.: -- to have the (UNINTELLIGIBLE) -- Commissioner Diaz de la Portilla: -- the difference is that we have the votes today. We want to make sure. Ms. Mendez: I -- I understand. Commissioner Diaz de la Portilla: -- that we have the votes December 9th. That's what we do in politics. Ms. Mendez: Right. You only need three. Commissioner Diaz de la Portilla: We have to have votes. Ms. Mendez: But the better process would be to have the first reading on December 9th -- Commissioner Diaz de la Portilla: That's fair, that's fair. City of Miami Page 51 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Ms. Mendez: -- so that we can put all the helmets, the penalties, you see the draft. We could -- we -- 1 mean, we only have until tomorrow, but at least you will have the draft. Commissioner Diaz de la Portilla: Okay, that fair enough. That's a fair request. Ms. Mendez: Thank you. Commissioner Diaz de la Portilla: Okay. Now, I'm sorry, Commissioner Reyes, and then I'll -- Commissioner Reyes: I just -- I just want to clarify one thing. Madam City Attorney, if we vote today for -- I mean, in favor of the program, aren't we basically starting a new pilot program, could last a whole year? Ms. Mendez: No. Based on the ordinance that you drafted -- Commissioner Diaz de la Portilla: 45 days. Ms. Mendez: -- about the limited pilot programs, this would only -- Commissioner Diaz de la Portilla: So January 5th. Ms. Mendez: Exactly. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Only 'til January -- Commissioner Reyes: No, no. I just want to make it clear because, I mean, I wanted to make clear that we were not starting a new pilot program that could last -- Commissioner Diaz de la Portilla: No, sir. No, sir. Commissioner Reyes: -- last one-year limit. Commissioner Diaz de la Portilla: Yes, sir. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: But this pilot program is limited in time. We'll have all these safety measures in place. Is that correct? Vice Chair Russell: By the time the second reading comes, the pilot program's over. Commissioner Diaz de la Portilla: No -- Ms. Mendez: Right. Commissioner Diaz de la Portilla: -- we're going to fix that. Ms. Mendez: So, you're going to have a four -- four days without your program because you will make -- Commissioner Diaz de la Portilla: So -- Ms. Mendez: -- January 9th -- City of Miami Page 52 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Diaz de la Portilla: But that -- Ms. Mendez: -- an immediate effective date. Commissioner Diaz de la Portilla: But that makes no sense. You just take it to January 9th then. What's the point? Ms. Mendez: Unfortunately, the -- based on all the calculations, if all the calculations are correct, you can only have it until January 5th due to -- we have an ordinance that was sponsored by Commissioner Reyes that pilot programs can only be -- Commissioner Diaz de la Portilla: 45 days. Ms. Mendez: -- two years. Commissioner Diaz de la Portilla: Oh, two years. Ms. Mendez: And this pilot program -- Commissioner Diaz de la Portilla: But that's why when I spoke -- Ms. Mendez: -- started in 2019. Commissioner Diaz de la Portilla: But that's why when 1 spoke to you -- Vice Chair Russell: Chairman, I have a recommendation. Commissioner Diaz de la Portilla: Well, hold on a second. Hold on a second. That's why when I spoke to you -- when I spoke to you about the language, the title that we're doing, the re -implementation versus implementation of a new program -- right? -- you labeled it, you titled it re -implementation. Ms. Mendez: It doesn't matter what we would have titled it. Commissioner Diaz de la Portilla: Well, listen -- Ms. Mendez.: You only have two years. Commissioner Diaz de la Portilla: But it's a new program. It's a brand-new program. The other one's been eliminated. Ms. Mendez: Right. We have -- Commissioner Diaz de la Portilla: So, we have a brand-new pilot program. But why do you say it's two years if we have a brand-new program? Ms. Mendez: So, we only have -- we have an ordinance that does not allow pilot programs -- Commissioner Diaz de la Portilla: It's a new program. It's a new pilot program. Ms. Mendez: We have an ordinance against it, unfortunately. Commissioner Diaz de la Portilla: Against a new pilot program. City of Miami Page 53 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Ms. Mendez: Right, so you will have four days without -- without scooters. Four days. Four days, because you will make an immediate effective date on January 9th. Vice Chair Russell: Effective date of what? Ms. Mendez: Okay. Commissioner Diaz de la Portilla: I don't understand why -- Ms. Mendez: So, you have to -- Commissioner Diaz de la Portilla: -- this is not a new pilot program if we have new safety measures and new things. Ms. Mendez: So, unfortunately -- Commissioner Diaz de la Portilla: Convince me of that. Ms. Mendez: Right. Unfortunately, we have an ordinance. An ordinance that only allows for one or two years. Whatever, right now, I don't have it in my -- Commissioner Reyes: It was one year and 1 was the sponsor because we had pilot program that had been in place for 17 years -- Ms. Mendez: So, then we calculated -- Commissioner Reyes: -- as a pilot. Ms. Mendez: -- we calculated -- Commissioner Diaz de la Portilla: That's why I didn't want to label it -- to title it, sorry -- Ms. Mendez: It doesn't matter what you label it. Unfortunately, we have the ordinance in place. Commissioner Diaz de la Portilla: The resolution is a new program. Ms. Mendez.: It's not a new -- Commissioner Diaz de la Portilla: It's a new program on medical marijuana dispensaries, on something else. It's a pilot program, it's brand new. Ms. Mendez: So, if I can, if I may. Commissioner Diaz de la Portilla: Yes, explain to me what the difference is. Ms. Mendez: We have an ordinance in place, sponsored b_v Commissioner Reyes, that does not allow pilot programs to last -- Commissioner Diaz de la Portilla: This is a different pilot program. What part of --? Ms. Mendez: It is not. It is still the pilot, it's the same pilot program. Commissioner Diaz de la Portilla: No it's not. Ms. Mendez: It's on scooters. City of Miami Page 54 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Diaz de la Portilla: It has all the new safety measures. It's a totally new program. Ms. Mendez: It's not a new program. Commissioner Diaz de la Portilla: It's not a new program. Okay, I disagree with you. I think it is. Ms. Mendez: So -- and if you -- Commissioner Diaz de la Portilla: If you're requiring helmets, if you're requiring additional penalties, if you're requiring different things, it's a brand-new program. The reason why we terminated the previous program, because it wasn't, in my opinion, with all due respect, it wasn't effective. It wasn't well conceived by you, but in general, it was a pilot. Vice Chair Russell: I have a recommendation. Commissioner Diaz de la Portilla: And -- but whatever. Let's not go back and forth. It doesn't make sense. Four days doesn't really matter to me that much anyway. Mr. Hannon: Chair? Ms. Mendez: It's four days. Commissioner Diaz de la Portilla: But four days doesn't matter to me. Vice Chair Russell: Potential fix, Chairman. Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: So, if you -- if we passed a resolution rescinding the cancellation to just open up the existing pilot program again, I would be open to an emergency ordinance for safety reasons to implement the safety measures that you'd like -- Commissioner Diaz de la Portilla: Right. Vice Chair Russell: -- on that current program. So, it would be a resolution reinstating the pilot. Ms. Mendez: You need a four -fifths. Vice Chair Russell: For which part? Ms. Mendez: For the emergency ordinance. Commissioner Diaz de la Portilla: Yeah, for the emergency. So, we'll lose the four days. You guys can live with the four -- without four days. You'll move on. Ms. Mendez: If you can give me one second, I just want one calculation, just one second. Vice Chair Russell: But you might have four -fifths because while we have a commissioner who's voting against the program in general, he may be in favor of an ordinance that implements safety. City of Miami Page 55 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Diaz de la Portilla: No, no. Ms. Mendez: 1 think it's four fifths of the body. I think you need four but -- Commissioner Diaz de la Portilla: Of the body, so it's going to be four votes. Ms. Mendez: Give me one second just to calculate something. Commissioner Diaz de la Portilla: That's not going to happen. Trust me. That's not going to happen. Trust me. Ms. D 'Souza: Can I ask a question? Excuse me. Commissioner Diaz de la Portilla: Look, Commissioner, I'm pretty good at counting votes, unfortunately. That's not going to happen here. We're good to go. Let's get this out. I spent many years counting votes. Trust me, we don't have that here. Let's -- okay. Vice Chair Russell: She's saving you can't pass an ordinance to create a new pilot program that's too similar to a previous pilot program? Is that what she's saying? Commissioner Diaz de la Portilla: Yeah, which 1 don't -- I don't agree with that at all. But I'm not going to -- why am I going to argue with my city attorney? If she normally agrees with me, why would I argue with her today? So, we try to be nice to her today. But maybe she reconsiders, who knows? Ms. D 'Souza: If say -- excuse me, can I ask a question? Commissioner Diaz de la Portilla: He's speaking -- no, ma'am, we already -- we closed public -- you can, ma'am, but we closed public comment. You can go ahead, of course, ma'am. Ms. D'Souza: Sorry. Commissioner Diaz de la Portilla: That's okay. Ms. D 'Souza: Just my mind. Commissioner Diaz de la Portilla: Yes, ma'am. (COMMENTS MADE OFF THE RECORD) Ms. D'Souza: Oh, sorry. I think he can hear me. Oh, it shouldn't be one helmet per scooter, because we have witnessed more than three riders per scooter, one adult and two kids. Commissioner Diaz de la Portilla: Okay. Ms. D 'Souza: I live right there and it's fact. Commissioner Diaz de la Portilla: Okay, ma'am, thank you. Ms. D'Souza: Thank you. Commissioner Diaz de la Portilla: Thank you. What happens when you put three attorneys in a room? Look at this, see. City of Miami Page 56 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Ms. Mendez: If you -- we could try maybe, if you want to include the four days, if January 9th will he the immediate effective date, make it retro four days, and maybe that's how you capture your four days. Commissioner Diaz de la Portilla: Okay. Ms. Mendez: If you would like. Commissioner Diaz de la Portilla: That works, that works. Ms. Mendez: The best I could do. Commissioner Diaz de la Portilla: That works for me. Vice Chair Russell: So, this would be a resolution or ordinance? What are we working on? Ms. Mendez: So, we're doing two things. Commissioner Diaz de la Portilla: Yes. Ms. Mendez: You will know, you will know on December 9th where the waters are, if this is going to pass second reading, right? Commissioner Diaz de la Portilla: Right. Ms. Mendez: So, first reading ordinance, December 9th; second reading ordinance, January 9th? Mr. Hannon: 13th. Commissioner Diaz de la Portilla: 13th. Ms. Mendez: January 13th is the commission meeting? Commissioner Diaz de la Portilla: So, then you got -- Mr. Hannon: 2022. Commissioner Diaz de la Portilla: So, then you've got to take it to -- Ms. Mendez: So, it's a week. I'm bad at math. Commissioner Diaz de la Portilla: Yeah. Ms. Mendez: The 4th through the -- Commissioner Diaz de la Portilla: Seven days, yeah. Ms. Mendez: I mean, 5th through the -- Commissioner Diaz de la Portilla: 5th through 13th. Ms. Mendez: Right. Commissioner Diaz de la Portilla: Yeah. City of Miami Page 57 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Ms. Mendez: So, you will know on December 9 where you are, 1 would think, if you discuss it, and you can do a week retro -- Commissioner Diaz de la Portilla: I understand. Ms. Mendez: -- or nine days retro -- Commissioner Diaz de la Portilla: That works. Ms. Mendez: -- to capture that week. Otherwise, the program is moot for the -- Commissioner Diaz de la Portilla: I understand, for seven to eight days, yeah. Ms. Mendez: -- eight days. Commissioner Diaz de la Portilla: Eight days. Vice Chair Russell: The action today is a resolution. Ms. Mendez: The action today is a resolution implementing the safety measures, the times -- Commissioner Diaz de la Portilla: The times. Ms. Mendez: -- the amounts. Vice Chair Russell: The action is to rescind the previous action. Ms. Mendez: Right, you would have -- Vice Chair Russell: To reinstate the program. Ms. Mendez: -- to rescind -- right, you reinstate the program until January 5th. Vice Chair Russell: Okay, so -- Commissioner Diaz de la Portilla: With all the additional measures that we discussed. And what was the additional -- there was one missing, right? What else was requested? The change of times, the hours? Mr. Ihekwaba: We're changing the times. Commissioner Diaz de la Portilla: Hours. Mr. Ihekwaba: The requirement for use of helmets. Commissioner Diaz de la Portilla: Yes. Mr. Ihekwaba: And we also talked about the issue of operating in streets that has a posted speed limit. Commissioner Diaz de la Portilla: The number of scooters per area, whatever they called it. Mr. Ihekwaba: I didn't get any specific directive from the Commission what your preference would be in terms of -- City of Miami Page 58 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Diaz de la Portilla: Cut it in half, right? Mr. Ihekwaba: -- the density. Vice Chair Russell: Two per -- Commissioner Diaz de la Portilla: Yeah, cut it in half. Mr. Ihekwaba: Okay. Commissioner Diaz de la Portilla: Cut it in half. Vice Chair Russell: Two per vendor per block face. Commissioner Diaz de la Portilla: Yeah, two per vendor per block. Vice Chair Russell: Could we do 9 p.m.? Commissioner Diaz de la Portilla: For now. Vice Chair Russell: Could we do 9 p.m.? Commissioner Reyes: What are we cutting it in half? What? Commissioner Diaz de la Portilla: The number of scooters. Commissioner Reyes: The number of scooters. Commissioner Diaz de la Portilla: The number of scooters. Half of what they are now. Vice Chair Russell: Oh, you mean the overall cap of what's in the universe? Mr. Ihekwaba: No, no, no, no, talking about the density. Vice Chair Russell: We already cut it. Mr. Ihekwaba: He's talking about the density of the block. Vice Chair Russell: I mean, we cut it down a lot. I think it's about where they're parked. Commissioner Diaz de la Portilla: No, where they're used. Mr. Ihekwaba: He's talking about the staging on each city block. There's currently four scooters per vendor per block. Commissioner Diaz de la Portilla: Right. Mr. Ihekwaba: You want to reduce to two -- Commissioner Diaz de la Portilla: So, two. The two per vendor per block. Mr. Ihekwaba: -- per vendor per block. Vice Chair Russell: Yeah, I think that's the limitation. City of Miami Page 59 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Diaz de la Portilla: That's what we want to do, yes. Vice Chair Russell: For the time frame, I'd recommend 9 p.m. People getting off work can use these to go home. I think 8's a little early. Commissioner Diaz de la Portilla: What time frame did you recommend? Mr. Ihekwaba: We were thinking about 6 o'clock in the morning to 8, but we're okay with 9 p.m. Unidentified Speaker: 10? Commissioner Diaz de la Portilla: 9 p.m. 9 p.m. is a middle compromise. We meet in the middle. That happens in government sometimes. 9 p.m. Ms. Mendez: The -- where is it that they have at 10 p.m.? Other cities have 10 p.m. Mr. Ihekwaba: There are some other cities that have 10 p.m. Commissioner Diaz de la Portilla: No, that's fine. And other cities have 6 p.m. so it's fine. You know, 9p.m. -- Ms. Mendez: So, 9 p.m.? Commissioner Diaz de la Portilla: We meet in the middle. Most people don't work that late anyway. Commissioner Reyes: They can walk. Commissioner Diaz de la Portilla: They can walk though after 9 p.m. Ms. Mendez: Okay and then the streets? Commissioner Diaz de la Portilla: This is what happens later on at night, it opens itself up to more recreational activity, I guess that's the argument. Vice Chair Russell: It'd still be allowed in the streets where necessary, because I can 't vote for it if it's street only use, I think it's too dangerous. Commissioner Diaz de la Portilla: No, we're not doing that. Vice Chair Russell: Yeah, but that was one of the recommendations. Mr. Ihekwaba: No, we're not. Commissioner Diaz de la Portilla: No, no. Vice Chair Russell: Okay, got it. Commissioner Diaz de la Portilla: That was not recommended. Vice Chair Russell: Alright. Mr. Ihekwaba: So, I think the -- Commissioner Diaz de la Portilla: And the slower speed. City of Miami Page 60 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Mr. Ihekwaba: Yeah, we currently have, 1 believe, at 10 miles per hour -- Commissioner Diaz de la Portilla: Right. Mr. Ihekwaba: -- and 7 miles on sidewalks. Commissioner Diaz de la Portilla: So, it's 10 now and 7. Mr. Ihekwaba: 7 on sidewalks (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: That's what we have right now. Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: That's fine. Vice Chair Russell: Okay. Commissioner Diaz de la Portilla: That's fine. For me, I mean, I don't know. Vice Chair Russell: Alright, in some parts of town, we have 12. Mr. Ihekwaba: So, would it be -- Commissioner Diaz de la Portilla: Yes. No, where do we have 12 miles per hour? Mr. Ihekwaba: We had it in one of the -- I believe we had it. (COMMENTS MADE OFF THE RECORD) Vice Chair Russell: I believe in the Grove -- I believe in the downtown area, we're down to 10. We want a slow speed zone. But in the Grove area where a lot of them are in the streets, moving with traffic, we kept it at 12. Is that right, Juvenal? Commissioner Diaz de la Portilla: I want to -- Vice Chair Russell: South of the Rickenbacker. Juvenal Santana: Good afternoon. Juvenal Santana, Director of Public Works, Department of Resilience and Public Works. So, they are capped at 12 miles per hour, but we have a special operation zone, which the boundaries were described earlier, Northeast 11 th Street to Chopin Plaza, which is limited to 10 miles per hour. Commissioner Diaz de la Portilla: I would prefer that it be 10 miles per hour across the board. Mr. Ihekwaba: Yeah. Vice Chair Russell: Okay. Commissioner Diaz de la Portilla: Is that fair? Vice Chair Russell: Yep. Mr. Ihekwaba: Yeah. Commissioner Diaz de la Portilla: Yeah, 10 miles across -- per hour. City of Miami Page 61 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Mr. Ihekwaba: That's easier -- that's easier to enforce if you have a flat 10 miles per hour -- Commissioner Diaz de la Portilla: Yeah, a flat -- Mr. Ihekwaba: -- citywide. Commissioner Diaz de la Portilla: -- 10 miles per hour across the board and 7 on the sidewalk. Mr. Ihekwaba: On the sidewalk. Commissioner Diaz de la Portilla: Yeah, that's okay with you? Vice Chair Russell: Yep. Commissioner Diaz de la Portilla: That works. And what other measures do we have? Littering, docking stations, any of that stuff that we can do now, immediately no. Mr. Ihekwaba: Well, that's something that we want to look into further with the vendors to see how we can incorporate that into our program. Commissioner Diaz de la Portilla: Oh, and the final thing, obviously, is that you have to do your scoring and everything by the 15th of January, and you 're going to issue your contracts, right? Mr. Ihekwaba: We want to look at the new contract to have some of these additional measures, such as the -- Commissioner Diaz de la Portilla: No, it's two different things. Mr. Ihekwaba: -- centralized docking stations. Commissioner Diaz de la Portilla: Well, you're (UNINTELLIGIBLE) RFP. That doesn't happen, right? You score the people that are -- the vendors that responded, and the Commission comes and passes additional measures, right? Mr. Ihekwaba: Yeah, you can do that. Commissioner Diaz de la Portilla: That's what we're going to do. But the deadline is on you guys to do it by the 15th ofJanuary. Mr. Ihekwaba: Well, I don't want to speak to the procurement issue because I think it under the cone of silence. Commissioner Diaz de la Portilla: No, no, no. But the procurement is important because that was one of the number one things that were required. I think all people in the world, residents and vendors across the board, people need certainty. This pilot program extension, not extending, changing, all that is creating certainty for the residents and for the vendors. Mr. Ihekwaba: I think we do have the procurement almost coming to an end so -- Commissioner Diaz de la Portilla: I know, but we had this conversation last commission meeting. What we wanted to do was -- in this resolution, we wanted to let you know that we want it by the 15th ofJanuary. City of Miami Page 62 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Mr. Ihekwaba: I'm sure they can work out the details, but 1 don't want to speak too much about procurement issues because of the -- Commissioner Diaz de la Portilla: Okay, so where's your -- Mr. Ihekwaba: -- cone of silence. Commissioner Diaz de la Portilla: -- where's your procurement director then? Let's talk to her about it. Yadissa Calderon: Good afternoon, everybody. This is Yadissa Calderon, Assistant Director for Procurement. Annie Perez is on approved leave. How can 1 help you? Commissioner Diaz de la Portilla: We want a procurement issued by January 15th. Ms. Calderon: Actually, an RFP went out -- Commissioner Diaz de la Portilla: I know. Ms. Calderon: -- in June 18, 2021. Commissioner Diaz de la Portilla: 1 want it awarded. I'm sorry, it's about award, awarded -- Ms. Calderon: Okay. Commissioner Diaz de la Portilla: -- by January 15th. Ms. Calderon: So, we have -- we have an evaluation committee that was approved recently, and we have a scheduled meeting for December 13th to evaluate the proposals. We received nine proposals, and seven of them were deemed responsive. Commissioner Diaz de la Portilla: Right, and who are the two that were deemed unresponsive? Ms. Calderon: I don't know at this point, sir, but -- Commissioner Diaz de la Portilla: You don't know? Ms. Calderon: -- I can get that information for you, yes. We're still doing due diligence. So, one of the -- Commissioner Diaz de la Portilla: You just told me two were deemed unresponsive. I'm just curious to know -- I think you should know who the two are. Ms. Calderon: Well, we're still under the cone of silence as this hasn't been approved. Commissioner Diaz de la Portilla: Okay. Ms. Calderon: So -- Commissioner Diaz de la Portilla: Oh, I thought -- okay. Ms. Calderon: -- it's not -- yeah. City of Miami Page 63 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Diaz de la Portilla: It's under the cone of silence, okay. Ms. Calderon: Correct. Commissioner Diaz de la Portilla: Okay. So, December 13th, your selection committee meets. Ms. Calderon: Yes, sir. Commissioner Diaz de la Portilla: You will award. Ms. Calderon: I'm sorry? Commissioner Diaz de la Portilla: And you will award. Ms. Calderon: And then once the evaluation committee makes a decision as -- Commissioner Diaz de la Portilla: Which is when? Ms. Calderon: December 13th. Commissioner Diaz de la Portilla: They make the decision that day? Ms. Calderon: Yes, sir. Commissioner Diaz de la Portilla: Okay. Ms. Calderon: Unless they need oral presentations, if they require further clarification on the proposals that were submitted, then we would -- they make a recommendation for a award. We prepare a memo and it's sent to the City Manager whom approves it. Commissioner Diaz de la Portilla: Okay, so how can we --? Zerry, how can we mandate today that they finish this entire bureaucratic process that they go through every single time -- Mr. Ihekwaba: So, I think they -- Commissioner Diaz de la Portilla: -- by January 15th. Mr. Ihekwaba: The Manager already made that stipulation. Commissioner Diaz de la Portilla: He already told me he would. Mr. Ihekwaba: Yeah, he did, he did. So, we are working on that premise that this is going to be finalized -- Commissioner Diaz de la Portilla: Okay. Mr. Ihekwaba: -- as soon as possible. Commissioner Diaz de la Portilla: So, you're under the instruction from the Manager, going through him of course, that by the 15th you're going to have all this done. There's no -- January 15th. There's no bureaucracy. There's no more dragging it out. There's no more re-evaluation. None of that stuff that you guys do in government here. City of Miami Page 64 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Ms. Calderon: Well, sir, you know, a lot of the times our intention is to award immediately, but the proposers may have -- there's a period called the protest period. Commissioner Diaz de la Portilla: Yes, there's going to be a protest. Ms. Calderon: So, if they may protest against the award so -- Commissioner Diaz de la Portilla: How many companies? Ms. Calderon: We have -- well, we have nine -- Commissioner Diaz de la Portilla: Yeah. Ms. Calderon: -- but seven have been deemed -- Commissioner Diaz de la Portilla: How many companies are you going to award? Ms. Calderon: Three. Commissioner Diaz de la Portilla: Three. Ms. Calderon: As -- yeah. Commissioner Diaz de la Portilla: Only three companies, okay. Ms. Calderon: The RFP that -- Commissioner Diaz de la Portilla: And there'll be a bid protest. They'll file it immediately, and everything will happen, by the other four companies. Ms. Calderon: That's correct. Commissioner Diaz de la Portilla: Right. Ms. Mendez: Right, so I need to clarify something then on the numbers that we gave you then. I thought that this procurement was non-exclusive. Commissioner Diaz de la Portilla: Yeah. Ms. Mendez: I'm sorry. Commissioner Diaz de la Portilla: That's why I'm confused. Ms. Mendez: And ready to go. Commissioner Diaz de la Portilla: Right. Ms. Mendez: So, if it's not ready to go on the January date -- Commissioner Diaz de la Portilla: 13th. Ms. Mendez: -- January 13th date, if it's -- Commissioner Diaz de la Portilla: No, no, no. Two different things. January 13th is the commission meeting. We can say January 13th here too, by the way. Ms. Mendez: If -- but if it's not ready to go, then there will be a longer lag. City of Miami Page 65 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Diaz de la Portilla: But we want it ready to go. That's the whole point. Ms. Mendez: No, no, I understand. But if it's -- if you have a bid protest -- Commissioner Diaz de la Portilla: Right. Ms. Mendez: -- if you have whatever -- Commissioner Diaz de la Portilla: And what's the process of a bid protest in Miami? Is it 60 days or --? Ms. Calderon: No. Well, they have -- once a recommendation is submitted, they have 72 hours to submit -- Commissioner Diaz de la Portilla: Right. Ms. Calderon: -- an intent to protest. Commissioner Diaz de la Portilla: Correct. Ms. Calderon: Then they have five days to submit the actual protest. Commissioner Diaz de la Portilla: Right. Ms. Calderon: And then depending on what the protest is, we move forward with the process. But we have a hearing officer that takes over the process -- Commissioner Diaz de la Portilla: Right, I know the process. Ms. Calderon: -- as Procurement has to become neutral. And that process may take 30 to 60 days depending on what is being protested. Commissioner Diaz de la Portilla: Right, but statutorily, it says 60 days. Is it 60 days statutorily? Ms. Mendez: We -- Commissioner Diaz de la Portilla: Before you make a decision, that's not mandated. It can be mandated. Ms. Mendez: Right, it's -- we -- our process is a little different. The point is the bid protest could take -- Commissioner Diaz de la Portilla: Yeah, you're different here than Miami -Dade County. Ms. Mendez: -- a few -- a few -- correct. It could take a few months before that's all sorted out, which would increase your lag time. Commissioner Diaz de la Portilla: Right, but can we then come back on the January, 13th meeting and extend this pilot program? Ms. Mendez: That's based on the ordinance unless you rescind your -- your ordinance. Rescind it and then you're good to go. Unfortunately, that's all -- Commissioner Diaz de la Portilla: I don't want to rescind it because -- City of Miami Page 66 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Ms. Mendez: You have an ordinance. Commissioner Diaz de la Portilla: -- I think Commissioner Reyes is correct that we shouldn't have pilot programs that -- this was a great example. You know, pilot programs that go on and on and then they become real programs, not pilot programs anymore. The whole purpose, the whole definition of pilot is pilot. So, I agree that -- I agree with Commissioner Reyes' ordinance. Vice Chair Russell: Right. Commissioner Diaz de la Portilla: So, we have to figure out a way then to keep this operating with the safety measures in place. How long can we make this re - implementation? We can make it three months, two months? Ms. Mendez: I'm sorry, I don't understand the question. Commissioner Diaz de la Portilla: What we do today, can we do it for longer than January 13th? Ms. Mendez: So, again, and that's why I brought up -- Commissioner Diaz de la Portilla: The re -- the re -implementation of the program, can we do it --? How long can we do it? Ms. Mendez: So, that's why I brought this up when 1 -- I wasn't thinking about the procurement process. If it's not ready to go -- Commissioner Diaz de la Portilla: Of course, you have to think about -- Ms. Mendez: -- we can 't do the retro that I suggested. Commissioner Diaz de la Portilla: But we can do retro for how many months? In other words, can we do retro across the board? Instead of seven, eight days, it could be 30 days, right? Ms. Mendez: But the -- the problem is that the procurement is still -- it's not the sane people that are participating now. It 's a procurement that has to happen -- Commissioner Diaz de la Portilla: Sure, sure. Ms. Mendez: -- for you to have your program. So -- Commissioner Diaz de la Portilla: So, how long can we make this program? Let me ask you in simple terms. Ms. Mendez: Simple terms, January 5th. Commissioner Diaz de la Portilla: That's it. Ms. Mendez: Right, based on your ordinance. So, unless you can draft -- what can happen is you draft an exception to this procurement ordinance, you would have to do that for this pilot program. Commissioner Diaz de la Portilla: On December 9th. Ms. Mendez: On December 19th. City of Miami Page 67 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner Diaz de la Portilla: On top of that, we pass a new ordinance December 9th -- Ms. Mendez: Right. Commissioner Diaz de la Portilla: -- and then we go second reading, January 13th -- Ms. Mendez: Yes. Commissioner Diaz de la Portilla: -- then that goes into effect. Ms. Mendez: Right. Commissioner Diaz de la Portilla: Correct? Irrespective -- Ms. Mendez: You would have to do both, you know, the -- Commissioner Diaz de la Portilla: Irrespective of the length of the procurement process. Ms. Mendez: You would have to carve out an exception for this. Commissioner Diaz de la Portilla: But we can do that second -- we could do that here. The Commission can do that. Ms. Mendez: On -- you would do two readings, December 9th -- Commissioner Diaz de la Portilla: December 9th and January 13th. Ms. Mendez: -- and January 13th. Commissioner Diaz de la Portilla: We can do that. So, there's a way out. There's light at the end of the tunnel, right, in other words? Ms. Mendez: Yes -- Commissioner Diaz de la Portilla: Okay. Ms. Mendez: -- but you have to legislate for it. Commissioner Diaz de la Portilla: So, your job -- that's why you get paid all the big bucks you get paid. Your job is to figure out where that light is at the end of the tunnel. That's your job. How we do it through ordinance, first reading second reading, how we get there, the will of the Commission, obviously. We do that, and today we just passed a resolution with safety measures, okay? Is that okay? You figure that out for us? Ms. Mendez: A resolution -- Commissioner Diaz de la Portilla: Commissioner King, you're recognized. Commissioner King: Because you're going back and forth like a ping pong ball here. Commissioner Diaz de la Portilla: Yes, we (UNINTELLIGIBLE). City of Miami Page 68 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 Commissioner King: What you have said to us is that the pilot program must end January 5th per the ordinance. Ms. Mendez: Unless you change the ordinance. Commissioner King: But we cannot change the ordinance in time for January 5th. Ms. Mendez: Right, so two things have to happen. You would have the ordinance -- Commissioner Diaz de la Portilla: December 9th. Ms. Mendez: -- carving out this pilot, you know, the anti pilot program ordinance carving out scooters. First reading December 9th, second reading -- Commissioner Diaz de la Portilla: On the 13th. Ms. Mendez: -- January 13th. Commissioner Diaz de la Portilla: Right, so in other words -- Ms. Mendez.: And then you would have a second ordinance, which is the one that I described to you, a second ordinance that would be initiating, you know, creating a final scooter program, making it retro -- Commissioner Diaz de la Portilla: Yeah. Ms. Mendez: -- for it to cover the week. Commissioner King: But that's not really feasible because we have to take into consideration that there may be a bid protest and we can't do anything while there's a bid protest. We can 't award. Commissioner Diaz de la Portilla: We can't. Commissioner King: We cannot, correct? Commissioner Diaz de la Portilla: We can't. Commissioner King: So, we have to figure out a way that we can extend the pilot program -- Commissioner Diaz de la Portilla: Correct, correct. Ms. Mendez: So, that was -- Commissioner King: -- for maybe 60 days. Commissioner Diaz de la Portilla: Correct. Ms. Mendez: Right, so that was the first ordinance I described. Right now, you have an ordinance in the books that says you cannot have a pilot program that lasts for more than a year, right? You would have to carve out -- you would have to bring a new ordinance -- Commissioner Diaz de la Portilla: Only scooters. City of Miami Page 69 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 NA.1 11133 City Commission Ms. Mendez: -- that because of this scooter situation we find ourselves in, we can maintain the status quo until the new -- the new procurement is in place and the new ordinance for scooters is in place. So, that's one ordinance, to change the current ordinance on the books. Then the second ordinance would he the one that we 're describing to just make a permanent program. Commissioner King: Program, okay. Ms. Mendez: So, that's -- but we have to do all those ordinances in order to -- Commissioner Diaz de la Portilla: On December 9th, correct? Ms. Mendez: Correct, for first reading. Commissioner Diaz de la Portilla: For first reading on December 9th, okay. NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. R-21-0464 THEREBY REINSTATING THE MOTORIZED SCOOTER PILOT PROGRAM AS DESCRIBED IN CHAPTER 8, ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); FURTHER DIRECTING THE CITY MANAGER TO ISSUE, PROMULGATE, AND ESTABLISH ADDITIONAL RULES AND REGULATIONS RELATED TO THE MOTORIZED SCOOTERS AS SPECIFIED HEREIN PURSUANT TO SECTION 8-10(A) OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-21-0486 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, King NAYS: Reyes ABSENT: Carollo Vice Chair Russell: So, for today -- Commissioner Diaz de la Portilla: I'll entertain -- I will entertain a motion. You're recognized, Commissioner Russell. Vice Chair Russell: Thank you. I'd like to make a motion. Commissioner Diaz de la Portilla: Are you okay, Commissioner? Vice Chair Russell: Motion -- a resolution to rescind the previous action terminating the pilot program, reinstating the pilot program with the recommended safety measures as have been discussed on this dais. That's my motion. Commissioner Diaz de la Portilla: Okay, I'll second that. I can second it, right? City of Miami Page 70 Printed on 10/08/2024 City Commission Meeting Minutes November 29, 2021 ADJOURNMENT Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: Okay, I will. All those in favor, say "aye." Vice Chair Russell: Aye. Commissioner Diaz de la Portilla: Aye. Commissioner Diaz de la Portilla: Opposed, no. 3-1, it passes. You're adjourned. Applause. The meeting adjourned at 1: 08 p.m. City of Miami Page 71 Printed on 10/08/2024