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HomeMy WebLinkAboutCC 2020-05-28 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com r�r * I N E 0 R P B R A T E 0 l8 96 1 Meeting Agenda Thursday, May 28, 2020 9:00 AM City Commission Meeting City Hall City Commission Francis X. Suarez, Mayor Keon Hardemon, Chair, District Five Ken Russell, Vice Chair, District Two Alex Diaz de la Portilla, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Agenda May 28, 2020 ANY PERSON WHO IS A LOBBYIST PURSUANT TO CHAPTER 2, ARTICLE VI OF THE CITY CODE MUST REGISTER WITH THE CITY CLERK AND COMPLY WITH RELATED CITY REQUIREMENTS FOR LOBBYISTS PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES, AND THE CITY COMMISSION. A COPY OF THE CITY CODE SECTION IS AVAILABLE AT THE OFFICE OF THE CITY CLERK OR ONLINE AT WWW.MUNICODE.COM. ANY PERSON MAKING A PRESENTATION, FORMAL REQUEST, OR PETITION TO THE CITY COMMISSION CONCERNING REAL PROPERTY MUST MAKE THE DISCLOSURES REQUIRED BY THE CITY CODE IN WRITING. A COPY OF THIS CITY CODE SECTION IS AVAILABLE AT THE OFFICE OF THE CITY CLERK OR ONLINE AT WWW.MUNICODE.COM. PURSUANT TO SECTION 4(G)(5) OF THE CITY CHARTER, THE MAYOR MAY VETO CERTAIN ITEMS APPROVED BY THE CITY COMMISSION WITHIN TEN CALENDAR DAYS FOLLOWING THE COMMISSION ACTION. THE CITY COMMISSION MAY, AFTER THE VETO OCCURS, OVERRIDE SUCH VETO BY A FOUR-FIFTHS VOTE OF THE COMMISSIONERS THEN PRESENT. ANY PERSON MAKING OFFENSIVE REMARKS OR WHO BECOMES UNRULY IN THE COMMISSION CHAMBERS WILL BE BARRED FROM FURTHER ATTENDING CITY COMMISSION MEETINGS AND MAY BE SUBJECT TO ARREST. NO CLAPPING, APPLAUDING, HECKLING, OR VERBAL OUTBURSTS IN SUPPORT OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE ALLOWED IN THE COMMISSION CHAMBERS. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. THE MATERIAL FOR EACH ITEM ON THE AGENDA IS AVAILABLE DURING BUSINESS HOURS AT THE OFFICE OF THE CITY CLERK AND ON-LINE, 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. 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. THE CHAIR WILL ADVISE THE PUBLIC WHEN THE PUBLIC MAY HAVE THE OPPORTUNITY TO ADDRESS THE CITY COMMISSION DURING THE PUBLIC COMMENT PERIOD OR AT ANY OTHER DESIGNATED TIME. * * * * * * * * * * * * * * * * * * ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION FOR ANY MATTER CONSIDERED AT THIS MEETING MAY NEED A VERBATIM RECORD OF THE ITEM. A VIDEO OF THIS MEETING MAY BE REQUESTED AT THE DEPARTMENT OF COMMUNICATIONS OR VIEWED ONLINE AT WWW.MIAMIGOV.COM. ANY PERSON WITH A DISABILITY REQUIRING ASSISTANCE, AUXILIARY AIDS, AND SERVICES FOR MEETINGS MAY NOTIFY THE OFFICE OF THE CITY CLERK. * * * * * * * * * * * * * * * * * * * * THE LUNCH RECESS WILL BEGIN AT THE CONCLUSION OF DELIBERATION OF THE AGENDA ITEM BEING CONSIDERED AT NOON. THE MEETING WILL END EITHER AT THE CONCLUSION OF THE DELIBERATION OF THE AGENDA ITEM BEING CONSIDERED AT 10:00 P.M. OR AT THE CONCLUSION OF THE REGULARLY SCHEDULED AGENDA, WHICHEVER OCCURS FIRST. THIS RULE DOES NOT APPLY WHEN THE CITY COMMISSION IS ENGAGED IN ITS ANNUAL BUDGET HEARINGS (ORDINANCE 12586). City of Miami Page 2 Printed on 5/19/2020 City Commission Meeting Agenda May 28, 2020 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE PART A - NON -PLANNING AND ZONING ITEMS) AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AMA City Commission Planning and Zoning of January 23, 2020 9:00 AM AM.2 City Commission City Commission Meeting of February 13, 2020 9:00 AM MV - MAYORAL VETO(ES) (Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the city clerk as the first substantive item(s) for the commission consideration.) END OF MAYORAL VETO(ES) City of Miami Page 3 Printed on 5/19/2020 City Commission Meeting Agenda May 28, 2020 CA - CONSENT AGENDA Unless a member of the City Commission wishes to remove a specific item from this portion of the agenda, Items CA.1 constitute the Consent Agenda. These resolutions are self-explanatory and are not expected to require additional review or discussion. Each item will be recorded as individually numbered resolutions, adopted unanimously by the following motion. "...that the Consent Agenda comprised of items CA.1 be adopted..." The Presiding Officer or City Clerk shall state the following: "Before the vote on adopting items included in the Consent Agenda is taken, is there anyone present who is an objector or proponent that wishes to speak on any item in the Consent Agenda. Hearing none, the vote on the adoption of the Consent Agenda will now betaken." CAA RESOLUTION 7374 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY Resilience and Public MANAGER TO ACCEPT TEN (10) RIGHT-OF-WAY DEEDS OF Works DEDICATION, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("DEEDS"), FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN COPIES OF THE DEEDS. END OF CONSENT AGENDA City of Miami Page 4 Printed on 5/19/2020 City Commission Meeting Agenda May 28, 2020 PH - PUBLIC HEARINGS PH.1 RESOLUTION 6684 MAY BE WITHDRAWN A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND FINDINGS, ATTACHED AND INCORPORATED AS COMPOSITE EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), FOR THE PROVISION OF THE SERVICES AS DESCRIBED BELOW; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY'S DEPARTMENT OF PARKS AND RECREATION AND DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT, AS MORE SPECIFICALLY DETAILED IN COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED, THAT SHAKE -A -LEG MIAMI, INC. A FEDERAL NOT-FOR-PROFIT CORPORATION UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE AND A FLORIDA NOT-FOR-PROFIT CORPORATION ("SHAKE -A -LEG"), IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE INSTRUCTION, PROGRAMS, RECREATIONAL, AND LEARNING OPPORTUNITIES INVOLVING SAILING, NAVIGATION REGULATIONS, WATER SAFETY, AND OTHER ALLIED SUBJECTS TO PERSONS WITH DISABILITIES, YOUTH GROUPS, AND THE GENERAL PUBLIC AND PROGRAM MANAGEMENT, FAMILY EVENTS, CULTURAL, EDUCATIONAL, AND RECREATIONAL ACTIVITIES (COLLECTIVELY, "SERVICES") AT THE CITY'S WATERFRONT RECREATION CENTER AND PARK PORTION OF THE VIRRICK GYM ADMINISTRATION BUILDING AND HANGAR BUILDING AT THE CITY -OWNED PROPERTY LOCATED AT 2600 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA AND A PORTION OF THE DINNER KEY PICNIC ISLANDS AND SUBMERGED LANDS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PARKS AND RECREATION SERVICES IRS SAFE HARBOR MANAGEMENT AGREEMENT FOR ONGOING COMPLIANCE WITH PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED ("IRS CODE"), AND CERTAIN UNITED STATES TREASURY REGULATIONS PROMULGATED THEREUNDER ("U.S. TREASURY REGULATIONS"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, WITH SHAKE -A -LEG TO CONTINUE THE SERVICES AND MANAGEMENT FOR A CONTRACT PERIOD NOT TO EXCEED FIVE (5) YEARS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, SUCH FURTHER AMENDMENTS, ALTERATIONS, VARIATIONS, MODIFICATIONS, OR WAIVERS THAT DO NOT EXCEED THE AMOUNT PAYABLE AND DO NOT CHANGE THE LENGTH OF THE EFFECTIVE TERM WITH RENEWALS IN ORDER TO COMPLY WITH IRS CODE, U.S. TREASURY REGULATIONS, U.S. DEPARTMENT OF INTERIOR REQUIREMENTS, AND STATE OF FLORIDA SUBMERGED LANDS LEASE PROVISIONS. SPONSOR(S): Commissioner Ken Russell City of Miami Page 5 Printed on 5/19/2020 City Commission Meeting Agenda May 28, 2020 History: 11/21/19 City Commission INDEFINITELY DEFERRED Next: 05/28/20 RESULT: INDEFINITELY DEFERRED [UNANIMOUS] Next: 5/28/2020 9:00 AM MOVER: Joe Carollo, Commissioner, District Three SECONDER: Manolo Reyes, Commissioner, District Four AYES: Russell, Gort, Carollo, Reyes, Hardemon City of Miami Page 6 Printed on 5/19/2020 City Commission Meeting Agenda May 28, 2020 PH.2 RESOLUTION 7443 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Department ofReai ATTACHMENT(S) ,PURSUANT TO CITY OF MIAMI CHARTER Estate and Asset ("CHARTER") SECTION 29-B(C), AUTHORIZING THE CITY MANAGER Management TO EXECUTE A GRANT OF EASEMENT ("EASEMENT'), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO MIAMI-DADE WATER AND SEWER DEPARTMENT, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ("WASD"), FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY TWO HUNDRED FIFTY-ONE (251) SQUARE FEET OF CITY OF MIAMI ("CITY') OWNED PROPERTY KNOWN AS THE GROVE BAY PARKING GARAGE, IDENTIFIED AS FOLIO NUMBER 01-4122-002-0010, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE EASEMENT, FOR WASD TO CONSTRUCT, RECONSTRUCT, LAY, INSTALL, OPERATE, MAINTAIN, RELOCATE, REPAIR, REPLACE, IMPROVE, REMOVE, AND INSPECT WATER TRANSMISSION AND DISTRIBUTION FACILITIES AND ALL APPURTENANCES THERETO, INCLUDING BUT NOT LIMITED TO, FIRE HYDRANTS, SEWAGE TRANSMISSION AND COLLECTION FACILITIES, AND ALL APPURTENANT EQUIPMENT, WHICH RIGHT, PRIVILEGE, AND EASEMENT SHALL INCLUDE THE RIGHT TO REMOVE OR DEMOLISH, AS MAY BE NECESSARY TO CARRY OUT ANY RIGHT GRANTED THEREIN, WITH THE FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE EASEMENT; CONTAINING A REVERTER PROVISION IF THE EASEMENT IS ABANDONED OR DISCONTINUED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID EASEMENT. END OF PUBLIC HEARINGS City of Miami Page 7 Printed on 5/19/2020 City Commission Meeting Agenda May 28, 2020 RE - RESOLUTIONS RE.1 RESOLUTION 7371 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Management ATTACHMENT(S), DE -APPROPRIATING, RE -APPROPRIATING, and Budget ADJUSTING, AND AMENDING TRANSFERS -IN, TRANSFERS -OUT, FUNDING ROLL-OVERS, AND APPROPRIATIONS RELATING TO THE GENERAL FUND, DEBT SERVICE FUND, AND SPECIAL REVENUE FUNDS FOR THE CITY OF MIAMI ("CITY") 2019-20 FISCAL YEAR ADOPTED OPERATING BUDGET PURSUANT TO ORDINANCE NO. 13861 ADOPTED SEPTEMBER 26,2019; AUTHORIZING THE CITY MANAGER TO ACCEPT, NEGOTIATE AND EXECUTE GRANT AND FUNDING AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN CONNECTION WITH (A) INCOMING GRANTS AND APPROPRIATIONS TO THE CITY FROM VARIOUS FUNDING SOURCES, AND (B) CERTAIN CITY GRANTS OUTGOING TO COMMUNITY SERVICES PARTNERS BUDGETED IN THE NON - DEPARTMENTAL ACCOUNT SCHEDULE AND THE TRANSFERS -OUT SCHEDULE; AUTHORIZING THE CREATION OF THE PENSION STABILIZATION FUND FOR THE CITY'S FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST AND AUTHORIZING THE GOVERNANCE THEREOF ALL IN ACCORDANCE CHAPTER 40 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED ("CITY CODE"), RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, CREATE NECESSARY SPECIAL REVENUE FUND ACCOUNTS, AND UNDERTAKE PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND FOR GRANTS IN PROGRESS, ALL IN ACCORDANCE WITH CHAPTER 18 OF THE CITY CODE REGARDING FINANCIAL PRINCIPLES, THE ANTI -DEFICIENCY ACT, AND THE FINANCIAL INTEGRITY PRINCIPLES; AND PROVIDING FOR APPLICABLE EFFECTIVE DATES. City of Miami Page 8 Printed on 5/19/2020 City Commission Meeting Agenda May 28, 2020 RE.2 RESOLUTION 7372 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of Management ATTACHMENT(S), ADDING CAPITAL PROJECTS TO THE CITY OF and Budget MIAMI ("CITY") FISCAL YEAR 2019-20 MULTI-YEAR CAPITAL PLAN ADOPTED WITH MODIFICATIONS ON SEPTEMBER 26, 2019 PURSUANT TO RESOLUTION NO. 19-0374, AND AS SUBSEQUENTLY AMENDED ON DECEMBER 12, 2019 PURSUANT TO RESOLUTION NO. 19-0506, AND ON FEBRUARY 13, 2020 PURSUANT TO RESOLUTION NO. 20-0044; REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING, AND RE -APPROPRIATING FUNDING FOR THE EXISTING AND ADDED PROJECTS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND FOR GRANTS IN PROGRESS. RE.3 RESOLUTION 7462 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING PROVISIONS FOR HOLDING A SPECIAL MUNICIPAL ELECTION CONCURRENT WITH THE PRIMARY ELECTION ON AUGUST 18, 2020, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE THE FOLLOWING STRAW BALLOT QUESTION, WHICH SHALL HAVE NO BINDING OR OBLIGATORY EFFECT, TO BE KNOWN AS STRAW BALLOT QUESTION NO. 1: "WOULD YOU SUPPORT REQUIRING THE MIAMI- DADE COUNTY MAYOR WHO HAS AUTHORITY OVER THE MIAMI- DADE COUNTY AVIATION DEPARTMENT TO START A PROGRAM TO SCREEN ALL PASSENGERS ARRIVING AT MIAMI INTERNATIONAL AIRPORT FOR THE COVID-19 VIRUS UNTIL THE DECLARED STATE OF EMERGENCY EXPIRES?"; CALLING FOR A STRAW BALLOT SPECIAL ELECTION AND PROVIDING THAT THE STRAW BALLOT QUESTION SHALL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE PRIMARY ELECTION ON AUGUST 18,2020; DESIGNATING AND APPOINTING THE CITY CLERK ("CLERK") AS THE OFFICIAL REPRESENTATIVE OF THE COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH SPECIAL ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. SPONSOR(S): Commissioner Joe Carollo END OF RESOLUTIONS City of Miami Page 9 Printed on 5/19/2020 City Commission Meeting Agenda May 28, 2020 EM - EMERGENCY ORDINANCES EMA ORDINANCE Emergency Ordinance 7444 (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY City Manager's Office COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RETROACTIVELY TOLLING AND SUSPENDING ALL APPLICABLE DEADLINES AND TIME PERIODS PRESCRIBED IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AS WELL AS RESOLUTION NO. R-20-0015 RELATING TO THE MIAMI 21 REPORT AD HOC TASKFORCE, INCLUDING BUT NOT LIMITED TO, DEADLINES AND TIME PERIODS PERTAINING TO PUBLIC HEARINGS AND DECISIONS MADE BY LEGISLATIVE BODIES, QUASI-JUDICIAL BODIES, ZONING ADMINISTRATORS, THE DIRECTOR OF PLANNING, THE BUILDING DIRECTOR, THE BUILDING OFFICIAL, OR OTHER CITY OF MIAMI OFFICIALS, INCLUDING EXPIRATION DATES FOR UTILIZATION OF EXISTING APPROVALS FOR THE DURATION OF THE LOCAL STATE OF EMERGENCY DECLARED BY MAYOR FRANCIS X. SUAREZ ON MARCH 12, 2020 PURSUANT TO THE AUTHORITY GRANTED TO MUNICIPALITIES BY SECTIONS 252.38, ET SEQ., AND 501.160, FLORIDA STATUTES, AND EXECUTIVE ORDER NUMBER 20-114 EXTENDING EXECUTIVE ORDER 20-52 PROMULGATED BY GOVERNOR RON DESANTIS ON MARCH 9, 2020, MORE SPECIFICALLY, SECTION (4)(D)(1) WHICH PROVIDES THAT EACH MUNICIPALITY IN THE STATE OF FLORIDA IS AUTHORIZED TO WAIVE THE PROCEDURES AND FORMALITIES OTHERWISE REQUIRED OF THE POLITICAL SUBDIVISION BY LAW PERTAINING TO THE TAKING OF WHATEVER PRUDENT ACTION IS NECESSARY TO ENSURE THE PUBLIC'S HEALTH, SAFETY, AND WELFARE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. EM.2 ORDINANCE Emergency Ordinance 7442 (4/5TH VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY Office of the City COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, Attorney TEMPORARILY MODIFYING CERTAIN SCHEDULING, PROCEDURAL REQUIREMENTS, AND TIMING REQUIREMENTS UNDER SECTION 2- 32(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND THE MANNER AND REQUIREMENT THAT ANY PARTIES AND PARTICIPANTS, INCLUDING MEMBERS OF THE GENERAL PUBLIC, ARE SWORN IN FOR ANY PLANNING AND ZONING ITEMS AND QUASI-JUDICIAL HEARINGS DURING THE DECLARED LOCAL STATE OF EMERGENCY FOR THE NOVEL CORONAVIRUS ("COVID-19") PANDEMIC; MAKING NECESSARY FINDINGS; PROVIDING FOR AN EXPIRATION DATE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. END OF EMERGENCY ORDINANCES City of Miami Page 10 Printed on 5/19/2020 City Commission Meeting Agenda May 28, 2020 SR - SECOND READING ORDINANCE SRA ORDINANCE Second Reading 7338 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "FLOOD DAMAGE PREVENTION;" MORE PARTICULARLY, BY AMENDING SECTIONS 20-1, TITLED "DEFINITIONS," SECTION 20-3, TITLED "DEVELOPMENT IN EITHER SPECIAL FLOOD HAZARD AREAS, OR NONSPECIAL FLOOD HAZARD AREAS," AND SECTION 20-4, TITLED "DEVELOPMENT WITHIN SPECIAL FLOOD HAZARD AREAS", TO CODIFY THE NORTH AMERICAN VERTICAL DATUM OF 1988 ("NAVD 88") AS THE APPLICABLE VERTICAL DATUM FOR THE PURPOSE OF ADMINISTERING THE CITY OF MIAMI'S ("CITY") FLOOD DAMAGE PREVENTION REGULATIONS; FURTHER AMENDING CHAPTER 29 OF THE CITY CODE, TITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS;" MORE PARTICULARLY, BY AMENDING SECTION 29-81, TITLED "DEFINITIONS," SECTION 29-82, TITLED "PURPOSE OF ARTICLE," SECTION 29-83, TITLED "PERMITS FOR WATERFRONT IMPROVEMENTS—REQUIRED," SECTION 29-84, TITLED "SAME—APPLICATION", SECTION 29-89, TITLED "DESIGN," SECTION 29- 91, TITLED "CONSTRUCTION," SECTION 29-92, TITLED "MATERIALS," SECTION 29-93, TITLED "REVIEW OF PLANS; DUTY TO INSPECT," SECTION 29-94, TITLED "PROCEDURE FOR INSPECTIONS," AND SECTION 29-95, TITLED "MAINTENANCE," TO ESTABLISH NEW STANDARDS FOR THE CONSTRUCTION, RECONSTRUCTION, AND REPAIR OF SEAWALLS AND BULKHEADS; ESTABLISHING A NEW MINIMUM HEIGHT OF SIX FEET (6) NAVD 88 FOR NEW AND RECONSTRUCTED SEAWALLS AND BULKHEADS CITYWIDE; PROVIDING FOR A VARIANCE PROCEDURE FOR SUCH ELEVATION REQUIREMENT; PROVIDING FORA DEFINITION AND PERMITTING CONSTRUCTION OF LIVING SHORELINES; IMPOSING A DUTY ON PRIVATE PROPERTY OWNERS TO MAINTAIN SEAWALLS AND BULKHEADS IN GOOD REPAIRAND TO PREVENT TIDAL WATERS FROM FLOWING OVER OR THROUGH SUBSTANDARD OR DAMAGED SEAWALLS OR BULKHEADS TO ADJACENT PROPERTIES AND PUBLIC RIGHTS-OF-WAY; PROVIDING FOR ENHANCED PENALTIES FOR PROPERTY OWNERS THAT FAIL TO DO THE SAME; PROVIDING FOR A WAIVER OF FEES FOR RECONSTRUCTION OF SUBSTANDARD OR DAMAGED SEAWALLS UPON FURNISHING OF PROOF OF FINANCIAL HARDSHIP; PROVIDING FOR COMPLETE MITIGATION OF CODE COMPLIANCE FINES FOR PROPERTY OWNERS WITH SUBSTANDARD OR DAMAGED SEAWALLS OR BULKHEADS FOUND TO BE IN VIOLATION THAT UNDERTAKE STEPS TO CORRECT THOSE VIOLATIONS WITHIN THE TIMEFRAME FOUND HEREIN; CREATING A NEW SUBSTANTIAL REPAIR THRESHOLD THAT PROVIDES FOR SEAWALLS AND BULKHEADS TO BE RECONSTRUCTED TO PRESENT SPECIFICATIONS PROMULGATED BY THE DEPARTMENT OF RESILIENCE AND PUBLIC WORKS UNDER CERTAIN QUALIFYING CIRCUMSTANCES; MODIFYING THE MINIMUM REQUIREMENTS AND INFORMATION REQUIRED FOR PERMITS IN CONNECTION WITH THE CONSTRUCTION, REPAIR, AND RECONSTRUCTION OF SEAWALLS AND BULKHEADS; AND PROVIDING FOR THE COMPLETE MITIGATION OF FINES FOR VIOLATIONS RELATED TO THE DISREPAIR OF SUCH IMPROVEMENTS UPON ADHERENCE TO CERTAIN PRESCRIBED TIMEFRAMES; FURTHER AMENDING CHAPTER 54/SECTION 54-46 OF THE CITY CODE, TITLED "STREETS AND SIDEWALKS/AGREEMENT AND BOND AS TO PAVING AND OTHER IMPROVEMENTS BY PERSONS SUBMITTING PLATS, REPLATS, ETC., TO COMMISSION," TO ESTABLISH A NEW MINIMUM HEIGHT OF SIX FEET (6) NAVD 88 FOR NEW AND RECONSTRUCTED SEAWALLS AND BULKHEADS FOR APPLICABLE PROPERTIES SUBMITTED TO THE CITY'S EXISTING PLATTING PROCESS; CONTAINING ASEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Ken Russell, Commissioner Manolo Reyes City of Miami Page 11 Printed on 5/19/2020 City Commission Meeting Agenda May 28, 2020 History 04/23/20 City Commission PASSED ON FIRST READING Next: 05/28/20 RESULT: PASSED ON FIRST READING [UNANIMOUS] Next: 5/28/2020 9:00 AM MOVER: Ken Russell, Vice Chair, District Two SECONDER: Manolo Reyes, Commissioner, District Four AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes I END OF SECOND READING ORDINANCE City of Miami Page 12 Printed on 5/19/2020 City Commission Meeting Agenda May 28, 2020 FR - FIRST READING ORDINANCES Note: Any proposed ordinance listed as an item for first reading in this section may be adopted as an emergency measure upon being so determined by the City Commission. FRA ORDINANCE First Reading 7440 AN ORDINANCE OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 25, "HUMAN RELATIONS;" MORE PARTICULARLY, BY CREATING ARTICLE II, TITLED "LARGE GROUP FEEDINGS," AND CREATING SECTION 25-25, TITLED "REGULATIONS FOR STREET AND PUBLIC LARGE GROUP FEEDINGS," TO CREATE REGULATIONS FOR THE USE OF CITY OF MIAMI STREETS AND PUBLIC SPACES FOR LARGE GROUP FEEDINGS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes, Commissioner Joe Carollo FR.2 ORDINANCE First Reading 7461 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "SUBDIVISION REGULATIONS;" MORE PARTICULARLY BY AMENDING SECTION 55-10, TITLED "BUILDING PERMITS; ISSUANCE; RESTRICTIONS; EXCEPTIONS," AND SECTION 55-14, TITLED "ENCROACHMENTS ON OR IN RIGHTS- OF-WAY, PUBLIC EASEMENTS, PRIVATE EASEMENTS OR EMERGENCY ACCESS EASEMENTS; EXCEPTIONS," BY MODIFYING THE CITY OF MIAMI'S ("CITY") PLATTING REGULATIONS TO MODIFY WHEN A BUILDING PERMIT AND TEMPORARY CERTIFICATE OF OCCUPANCY MAY BE ISSUED DURING THE PLATTING PROCESS; ALLOWING THE ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY FOR THOSE PROPERTIES THAT HAVE RECEIVED APPROVAL FROM THE CITY COMMISSION FOR ENCROACHMENTS INTO PLATTED EASEMENTS AND CREATING A SUNSET DATE AFTER WHICH SUCH APPROVALS MAY NOT BE SOUGHT; FURTHER MODIFYING THE CITY'S PLATTING EXCEPTIONS TO CLARIFY WHEN A BUILDING PERMIT MAY BE OBTAINED FOR A ONE -FAMILY DETACHED DWELLING AND CUSTOMARY ACCESSORY BUILDINGS ON A PLATTED LOT OF RECORD THAT HAS BEEN DIVIDED; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Alex Diaz de la Portilla END OF FIRST READING ORDINANCES City of Miami Page 13 Printed on 5/19/2020 City Commission Meeting Agenda May 28, 2020 BU -BUDGET BU.1 DISCUSSION ITEM 6742 MONTHLY REPORT Office of Management I SECTION 2-497 OF THE CITY CODE OF ORDINANCES and Budget (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET) II SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) END OF BUDGET City of Miami Page 14 Printed on 5/19/2020 City Commission Meeting Agenda May 28, 2020 BC - BOARDS AND COMMITTEES BCA RESOLUTION 7360 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Office of the INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL City Clerk PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Commissioner Alex Diaz de la Portilla (Citizen — Category 7) Commissioner Alex Diaz de la Portilla (Arch itect/Arch itectu ra I Historian - Category 4) Commissioner Ken Russell (Real Estate Broker — Category 5) Commissioner Ken Russell (Citizen — Category 7) Commissioner Joe Carollo (Historian/Architectural Historian - Category 3) Commissioner Joe Carollo (Business and Finance or Law — Category 6) Commissioner Manolo Reyes (Architect — Category 1) Commissioner Manolo Reyes (Alternate in Business and Finance or Law — Category 8) Commissioner Keon Hardemon (Citizen — Category 7) Commissioner Keon Hardemon (Landscape Architect — Category 2) City of Miami Page 15 Printed on 5/19/2020 City Commission Meeting Agenda May 28, 2020 History x04/09/20 City Commission NO ACTION TAKEN Next: 05/14/20 1RESULT: NO ACTION TAKEN Next: 5/14/2020 9:00 AM 05/14/20 City Commission NO ACTION TAKEN Next: 05/28/20 RESULT: NO ACTION TAKEN Next: 5/28/2020 9:00 AM END OF BOARDS AND COMMITTEES City of Miami Page 16 Printed on 5/19/2020 City Commission Meeting Agenda May 28, 2020 DI - DISCUSSION ITEM D1.1 DISCUSSION ITEM 6417 MAY BE DEFERRED Department of Real Estate and Asset A DISCUSSION ITEM, TO BE HEARD BY THE MIAMI CITY Management COMMISSION, REVIEWING THE ADMINISTRATION'S FINDINGS, RELATED TO OLYMPIA THEATER'S FUTURE OPERATION, WHICH MAY INCLUDE, WITHOUT LIMITATION, PARTNERING WITH MIAMI- DADE COLLEGE; RELEASING A REQUEST FOR PROPOSALS; OR, SOME COMBINATION THEREOF. History 09/12/19 City Commission DEFERRED Next: 10/24/19 RESULT: DEFERRED [UNANIMOUS] Next: 10/24/2019 9:00 AM MOVER: Joe Carollo, Commissioner, District Three SECONDER: Manolo Reyes, Commissioner, District Four AYES: Russell, Gort, Carollo, Reyes, Hardemon 10/24/19 City Commission CONTINUED Next: 11/21/19 RESULT: CONTINUED [UNANIMOUS] Next: 11/21/2019 9:00 AM MOVER: Manolo Reyes, Commissioner, District Four SECONDER: Ken Russell, Vice Chair, District Two AYES: Russell, Gort, Carollo, Reyes, Hardemon 11/21/19 City Commission INDEFINITELY DEFERRED Next: 05/28/20 RESULT: INDEFINITELY DEFERRED [UNANIMOUS] Next: 5/28/2020 9:00 AM MOVER: Joe Carollo, Commissioner, District Three SECONDER: Manolo Reyes, Commissioner, District Four AYES: Russell, Gort, Carollo, Reyes, Hardemon END OF DISCUSSION ITEM City of Miami Page 17 Printed on 5/19/2020 City Commission Meeting Agenda May 28, 2020 PART B: PZ - PLANNING AND ZONING ITEM(S) Planning and Zoning matters may be heard at any time, except for of 1) ordinances changing the list of uses, and 2) ordinances requesting zoning changes of ten (10) acres or more. These two types of requests shall be heard after 5:00 PM. At the beginning of the meeting, the Presiding Officer will announce the Planning and Zoning items that shall be heard after 5:00 PM, if any. PZ.1 ORDINANCE First Reading 5310 MAY BE DEFERRED AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21"); MORE SPECIFICALLY, BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS," TO MODIFY THE DEFINITIONS OF ATTAINABLE MIXED - INCOME HOUSING AND WORKFORCE HOUSING; BY AMENDING ARTICLE 3, SECTION 3.15, TITLED "AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO ADD NEW INCENTIVES INCLUDING A FLOOR LOT RATIO ("FLR") BONUS AND NEW MINIMUM UNIT SIZES FOR THE DEVELOPMENT OF PROJECTS, PROVIDING HOUSING FOR MIXED -INCOME POPULATIONS AT OR BELOW ONE HUNDRED FORTY PERCENT (140%) OF AREA MEDIAN INCOME AS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND TO PERMIT AFFORDABLE AND ATTAINABLE MIXED -INCOME DEVELOPMENTS ABUTTING A T3, "SUB -URBAN ZONE," TRANSECT ZONE BY PROCESS OF EXCEPTION WITH CITY COMMISSION APPROVAL; CLARIFYING LANGUAGE WITHIN MIAMI 21; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Mayor Francis X. Suarez, Commissioner Ken Russell APPLICANT(S): Arthur Noriega, V, City Manager on behalf of the City of Miami PURPOSE: This will amend Article 1, Section 1.2 of Miami 21 modifying definitions for Attainable Mixed -Income Housing and Workforce Housing; and amend Article 3, Section 3.15, to add incentives such as additional FLR and smaller unit sizes for affordable housing projects comprised of Workforce Housing units and Affordable Housing units, and to permit Affordable and Attainable Mixed -Income developments abutting a T3 Transect Zone by process of Exception with City Commission Approval. This will also clarify existing language within the ordinance. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on November 7, 2018, by a vote of 9-0. Note for the Record: 60 -day Public Comment Period: January 1, 2019 - March 1, 2019 City of Miami Page 18 Printed on 5/19/2020 City Commission Meeting Agenda May 28, 2020 History: 01/10/19 City Commission NO ACTION TAKEN RESULT: NO ACTION TAKEN 03/28/19 City Commission CONTINUED Next: 04/25/19 RESULT: CONTINUED [UNANIMOUS] Next: 4/25/2019 9:00 AM MOVER: Manolo Reyes, Commissioner, District Four SECONDER: Keon Hardemon, Chair, District Five AYES: Ken Russell, Manolo Reyes, Keon Hardemon ABSENT: Wifredo (Willy) Gort, Joe Carollo 04/25/19 City Commission DEFERRED Next: 05/09/19 RESULT: DEFERRED [UNANIMOUS] Next: 5/9/2019 9:00 AM MOVER: Manolo Reyes, Commissioner, District Four SECONDER: Wifredo (Willy) Gort, Commissioner AYES: Ken Russell, Wifredo (Willy) Gort, Manolo Reyes, Keon Hardemon ABSENT: Joe Carollo 05/09/19 City Commission DEFERRED Next: 05/23/19 RESULT: DEFERRED [UNANIMOUS] Next: 5/23/2019 9:00 AM MOVER: Joe Carollo, Commissioner, District Three SECONDER: Manolo Reyes, Commissioner, District Four AYES: Ken Russell, Wifredo (Willy) Gort, Joe Carollo, Manolo Reyes ABSENT: Keon Hardemon 05/23/19 City Commission DEFERRED Next: 06/13/19 RESULT: MOVER: SECONDER AYES: ABSENT: 06/13/19 City Commission CONTINUED Next: 07/11/19 DEFERRED [UNANIMOUS] Next: 6/13/2019 9:00 AM Wifredo (Willy) Gort, Commissioner Ken Russell, Vice Chair, District Two Ken Russell, Wifredo (Willy) Gort, Keon Hardemon Joe Carollo, Manolo Reyes RESULT: CONTINUED [UNANIMOUS] Next: 7/11/2019 9:00 AM MOVER: Joe Carollo, Commissioner, District Three SECONDER: Manolo Reyes, Commissioner, District Four AYES: Russell, Gort, Carollo, Reyes, Hardemon 07/11/19 City Commission CONTINUED Next: 09/12/19 RESULT: CONTINUED [UNANIMOUS] Next: 9/12/2019 9:00 AM MOVER: Manolo Reyes, Commissioner, District Four SECONDER: Joe Carollo, Commissioner, District Three AYES: Russell, Gort, Carollo, Reyes, Hardemon City of Miami Page 19 Printed on 5/19/2020 City Commission Meeting Agenda May 28, 2020 09/12/19 City Commission INDEFINITELY DEFERRED Next: 03/12/20 RESULT: INDEFINITELY DEFERRED [UNANIMOUS] Next: 3/12/2020 9:00 AM MOVER: Joe Carollo, Commissioner, District Three SECONDER: Manolo Reyes, Commissioner, District Four AYES: Ken Russell, Joe Carollo, Manolo Reyes, Keon Hardemon ABSENT: Wifredo (Willy) Gort 03/12/20 City Commission DEFERRED Next: 05/28/20 RESULT: DEFERRED [UNANIMOUS] Next: 5/28/2020 9:00 AM MOVER: Joe Carollo, Commissioner, District Three SECONDER: Manolo Reyes, Commissioner, District Four AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes END OF PLANNING AND ZONING ITEM(S) City of Miami Page 20 Printed on 5/19/2020 City Commission Meeting Agenda May 28, 2020 FL - FUTURE LEGISLATION Pursuant to Resolution R-16-0303, any amendment to the City of Miami Code, or Text Amendment to the Miami 21 Code, sponsored or co-sponsored by the City Administration shall be published at least sixty (60) days prior to First Reading for public comment in the "Future Legislation" section of the City Commission agenda. Items placed in the Future Legislation section shall require no action from the City Commission. The public may submit their comments to futurelegislation(0)-miamigov.com Comments shall be accepted through the period indicated under each Ordinance. Once the public comment period has closed, said public comments shall be included as supporting documentation to the legislation. The public comment period shall re -open for fifteen (15) days for additional public comment after the proposed amendment is published after first reading. (Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request or published pursuant to Resolution R-16-0303, do not send electronic mail to this entity. Instead, contact the City Commission or City Administration by phone or in writing.) FL.1 ORDINANCE 7294 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 62/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, "ZONING Planning FLORIDA, AS AMENDED, ENTITLED AND PLANNING FEES," MORE PARTICULARLY BY AMENDING SECTION 62-22 ENTITLED "SCHEDULE OF FEES", SECTION 62-23 ENTITLED "REQUEST FOR REVIEW AND APPEAL," AND SECTION 62-25 ENTITLED "WAIVER OF FEES,", TO PROVIDE CLARIFICATION ON PLANNING AND ZONING APPEAL FEES, TO CAP CERTAIN PLANNING AND ZONING APPEAL FEES, AND PROVIDE FOR A REFUND PROCEDURE OF APPEAL FEES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Note for the Record: 60 -day Public Comment Period: May 19, 2020 through July 17, 2020 City of Miami Page 21 Printed on 5/19/2020 City Commission Meeting Agenda May 28, 2020 FL.2 ORDINANCE 7291 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 10544, AS AMENDED, THE MIAMI Planning COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO EXPEDITED STATE REVIEW PROCEDURES ESTABLISHED IN §163.3184, FLORIDA STATUTES, BY ADDING TWO POLICIES TO THE FUTURE LAND USE ELEMENT AND AMENDING THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP FOR INDUSTRIAL LAND USE TO ALLOW HOTEL USES IN CITY LAND DESIGNATED AS INDUSTRIAL; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Note for the Record: 60 -day Public Comment Period: May 19, 2020 through July 17, 2020 END OF FUTURE LEGISLATION City of Miami Page 22 Printed on 5/19/2020