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HomeMy WebLinkAboutCC 2023-03-23 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, March 23, 2023 9:00 AM City Commission Meeting City Hall City Commission Francis X. Suarez, Mayor Christine King, Chair, District Five Joe Carollo, Vice Chair, District Three Alex Diaz de la Portilla, Commissioner, District One Sabina Covo, Commissioner, District Two Manolo Reyes, Commissioner, District Four Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Marked Agenda March 23, 2023 City of Miami Marked Agenda City Commission Francis X. Suarez, Mayor Christine King, Chair, District Five Joe Carollo, Vice Chair, District Three Alex Diaz de la Portilla, Commissioner, District One Sabina Covo, Commissioner, District Two Manolo Reyes, Commissioner, District Four Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 https://miamitLiqm2.com Thursday, March 23, 2023 9:00 AM City Hall 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Diaz de la Portilla, Commissioner Covo and Commissioner Reyes On the 23rd day of March 2023, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chairwoman King at 9:19 a.m., and adjourned at 11:41 a.m. Note for the Record: Commissioner Carollo entered the Commission chambers at 9:32 a.m. and Commissioner Diaz de la Portilla entered the Commission chambers at 10:17 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: At this time, we are going to have Reverend Roberta Knowles of the Church of the Incarnation come and honor us with our prayer. Good morning. Thank you. Invocation delivered. Chair King: And at this time, we will have the pledge of allegiance. Commissioner Covo: This time I have no excuses. Pledge of allegiance delivered. Chair King: Thank you, Commissioner. City of Miami Page 1 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 13772 PROTOCOL ITEM Honoree Presenter Protocol Item Jackie Nespral Mayor and Commissioners Julia Tuttle Award Genevieve Carvil-Harris Mayor and Commissioners Certificate of Merit Earl Johnson Mayor and Commissioners Salute Jane Gilbert Mayor and Commissioners Certificate of Merit Thomas Barr Jr. Mayor and Commissioners Salute Janey Tate Mayor and Commissioners Certificate of Merit Maestro Marlene Urbay Mayor and Commissioners Certificate of Merit RESULT: PRESENTED Chair King: Welcome to the City of Miami chambers this March 23rd, 2023. We are going to begin our proclamation portion of the City. We have several proclamations. We're recognizing several folks and we'd like to get started with that. Presentations made. 1) Mayor Suarez and Commissioners presented a Certificate of Merit to Mrs. Jackie Nespral and was honored with the Julia Tuttle Award. Mrs. Nespral is an Emmy® Award -winning journalist who became the first Hispanic ever to anchor a network news program when she was taped for NBC's Weekend Today show in 1992, and, after commuting between Miami and New York for three years, she chose to continue her career in South Florida with NBC 6 where she currently anchors "NBC 6 News ". Mrs. Nespral is also the host of Impact, a locally produced half-hour show dedicated to politics and current events. She became known for her interviews with prominent figures, ranging from national and international leaders to celebrities with extensive experience covering stories such as the first US presidential visit to Havana, Papal visits to Cuba, presidential inaugurations, presidential debates, hurricanes, and the World Series and NBA championships among others and her work has been recognized with six Emmy® Awards and a Silver Circle Award for her work of more than 30 years in the industry. Prior to joining NBC news, Mrs. Nespral was the anchor of the one -hour live national newscast of ' Noticias y Mas" at the Univision network in 1991. She also worked as a reporter and weekend anchor for "Television Marti" and Dynamic Cablevision, a CNN affiliate in Miami. She is a former member of the Board of Trustees of the University of Miami where she also served as the first Hispanic woman president of the University of Miami Alumni Association; and she is also on the board and actively involved in Amigos for Kids; and, has served on the Board of Directors for the March of Dimes, the Columbia Women's Center, South Miami Hospital's Child Development Center and the School of Communications at The University of Miami; and, she gained a unique perspective of the community by serving as the Orange Bowl Queen in 1985-86. She City of Miami Page 2 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 was also tapped for the highest honor achieved at the University, of Miami, the Iron Arrow. Mrs. Nespral received a Bachelor of Arts degree in psychology with a minor in communications from the University of Miami. She also completed two years of post -graduate studies in print and broadcast journalism at Florida International University. Elected Officials paused in their deliberations to pay tribute and recognize her efforts and leadership while thanking her for elevating the quality of life in the City of Miami. 2) Mayor Suarez and Commissioners presented a Certificate of Merit to Mrs. Genevieve Carvil-Harris. Mrs. Carvil-Harris is an author, philanthropist, community developer, Assistant Pastor at The Living Word Family Enrichment Center, and a proud wife of Brian C Harris. She is a graduate of the University of Miami with a pre -law degree. Mrs. Carvil-Harris developed a passion for community development and decided to pursue business development coaching; and reached back into her community to create classes and training events to empower others to create generational wealth through her Built by Gen brand. Mrs. Carvil- Harris has been able to coach hundreds of entrepreneurs using capacity -building strategies to help guide her clients to their fortunes and increase their revenue to over $5 million and has also implemented programs in low-income areas through grants and fundraising initiatives. Also, the Co -Founder of Crowd Wallstreet Rewards along with LaShondra Johnson, Shanta Hereford, Tavaris Williams and Jamsky French, which is a reward based cowdfunding platform that helps Founders raise capital for their businesses; and the company is proudly affiliated with Crowd Wallstreet Inc. Crowd Wallstreet was just named as the 3rd Black Owned Equity Crowdfunding Platform in the Nation. Mrs. Carvil-Harris' passion infused with her dedication to the business is why she was chosen as one of the 40 under 40 Black leaders of Excellence in South Florida and recently awarded an Honorary Doctorate in Ministry; and she inspires other leaders to use their ideas and platforms to influence change within their communities and the world. Elected Officials paused in their deliberations to pay tribute and recognize her efforts and leadership while thanking her for elevating the quality' of life in the City of Miami. 3) Mayor Suarez and Commissioners saluted Mr. Earl Johnson for his outstanding service. Mr. Johnson has provided quality service to City of Miami constituents with a spirit of excellence. Mr. Johnson, one of the drivers for the Solid Waste Department, is called an absolute gem by the community. For 13 years Mr. Johnson has conducted himself professionally, compassionately, and consistently making sure all garbage bins are picked up and placed back in their proper place. He has even gotten out of his truck to politely ask constituents to move their vehicle, so that he could pick up garbage bins instead of not emptying the bins. Mr. Johnson is a hard-working employee with a heartwarming smile that you can count on. He is always saying hello and extremely polite to everyone he meets. Because of his dedication and commitment to the City of Miami, Elected Officials paused in their deliberations to salute him while thanking him for elevating the quality of life in the City of Miami. 4) Mayor Suarez and Commissioners presented a Certificate of Merit to Ms. Jane Gilbert. For over 20 years, Ms. Gilbert has created and led public -private partnerships focused on strengthening the community within Miami. As a consultant, Ms. Gilbert managed The Miami Foundation's civic leadership agenda on sea level rise, which included coordinating the unified application to 100 Resilient Cities and a study on how best to communicate policy and action priorities related to sea level rise to greater Miami's diverse audiences. Ms. Gilbert led Wells Fargo's philanthropy and community affairs in South Florida and was the founding Executive Director for 2 nonprofits, Dream in Green and Arts for Learning/Miami. She has also served on the City of Miami's Sea Level Rise Advisory Committee, Beacon Council's One Community One Goal Steering Committee, Miami -Dade City of Miami Page 3 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 County Climate Change Advisory Task Force, and City of Miami NSP Task Force. Elected Officials paused in their deliberations to pay tribute and recognize her efforts and leadership while thanking her for elevating the quality of life in the City of Miami. 5) Mayor Suarez and Commissioners saluted Mr. Thomas Barr Jr., for his outstanding service. Mr. Barr started his career in 2007 with the City of Miami in the General Services Administration Department as a Fiscal Assistant. He served five years before being promoted to the Public Works Department in 2012. Mr. Barr then served five years with the Department of Public Works, where he was promoted to the Office of Capital Improvements in 2017 as a Contracts Compliance Analyst in the Contract Compliance Management Section. Mr. Barr, a veteran, and former Air Force service member served in the District 5 community with outreach projects supported in conjunction with his fraternal organization, Alpha Phi Alpha, Incorporated. Elected Officials paused in their deliberations to pay tribute and recognize his efforts while thanking him for elevating the quality of life in the City of Miami. 6) Mayor Suarez and Commissioners presented a Certificate of Merit to Ms. Janey Tate. Ms. Tate's career in news began in 2011 as an intern for the Miami Herald and CBS 4 News Miami. Her upbringing in Miami Gardens helped shape the journalist and woman she is today; and her mother, grandmother, and aunts raised her to be a giving considerate person and to live a life of integrity. Ms. Tate is the second oldest offour children, who was raised by a strong and loving single mother, Velveeta Tate. She attended Miami Carol City Senior High for three years where she was a top track and field athlete and honor student. Track and Field allowed her to cultivate her zeal to be competitive and present her best work. She graduated from Miami Northwestern Senior High with honors and went on to study Mass Communications and Journalism at Florida International University. She also competed in the Miss America Organization pageant system and won the title of Miss Miami Gardens 2011 and was a top 15 finalist, for the 2011 Miss Florida Pageant. After years of being frustrated with the lack of coverage of the Black community and hearing people's grievances with local media, Ms. Tate decided to create a solution with Hy- Lo News, which is short for hyper -local news. The news site serves to provide the community with hyper local news and content geared toward South Florida's Black and Brown Millennials. In 2015, Hy-Lo News began as a Facebook-based blog and within a year grew to become a legitimate news site. Ms. Tate is determined to make Hy-Lo News a success and has made major personal financial sacrifices because building a sustainable media business is her priority. Ms. Tate is a member of the National Association for Black Journalists National organization and the South Florida chapter (NABJ- SF). She is also a member of the Black Owned Media Alliance (BOMA). Ms. Tate along with her partners Ernisha Randolph (Sweet Butter Hospitality Group) and Alexis Brown (SocialXChange) founded the Black Achievers Awards presented by Jack Daniel's which highlights changemakers and trailblazers. She is also one of the founding lead organizers for radio vet Papa Keith's annual People Matter Fest. Elected Officials paused in their deliberations to pay tribute and recognize her efforts while thanking her for elevating the quality of life in the City of Miami. 7) Mayor Suarez and Commissioners presented a Certificate of Merit to Maestro Marlene Urbay. Maestro Urbay was born in Havana, Cuba. She is the founder and music director of the Florida Chamber Orchestra (1995) and former Music Director of the National Ballet of Cuba (1982-1991). Maestro Urbay graduated from the Alejandro Garcia Caturla Conservatory in Havana; and graduated from the National School of the Arts (1980), where she specialized in piano and choral conducting and from the "Instituto Superior de Arte" in Havana (1985) with exceptional high honors in orchestral conducting. After immigrating to the United City of Miami Page 4 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 ORDER OF THE DAY States in 1991, Maestro Urbay was Assistant Conductor of the University of Miami Symphony Orchestra. She studied at the Manhattan School of Music and earned a Master's Degree in orchestral conducting from the University of Miami School of Music in 1996. Elected Officials paused in their deliberations to pay tribute and recognize her efforts while thanking her for elevating the quality of life in the City of Miami. Chair King: Mr. Manager -- Ms. City Attorney, would you please read your statement into the record for us? Victoria Mendez (City Attorney): Thank you, Madam Chair. Detailed information about the process, order of business, rules of procedure, scheduling, rescheduling of City Commission meetings can he found in Chapter 2, Article 2 of the City Code, a copy of which is available online at wwwmunicode.com [sic]. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of Code sections about lobbyists is available at the City Clerk's Office or online at wwwmunicode.com [sic]. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this code section is available at the Office of the City Clerk or online at wwwmunicode.com [sic]. 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 City Code Section 2-8. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. In accordance with Section 2-33(f) and (g) of the City Code, the agenda and material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. Public comment will begin at approximately 9:45 and remain open until public comment is closed by the Chair. Members of the public wishing to address the body may do so by submitting written comments via the online comment form. Please visit wwwmiamigov.com/meetinginstructions [sic] for detailed instructions on how to provide public comment using the public comment form. The comments submitted through the form have been and will be distributed to elected officials, their staff and the City Administration throughout the day so that the elected officials may consider the items prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute up until the Chair closes the public comment. Public comment may also be provided live at City Hall, located at 3500 Pan American Drive, subject to all City rules as 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 their name, their address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids, and services for this meeting may notify the City Clerk. The City has provided different public comment methods to indicate, among other things, the public's support, opposition, or neutrality on 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 and City of Miami Page 5 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 the City Attorney's Office on items on the agenda today. Anyone wishing a verbatim record of the item considered at this meeting may request it at the Office of Communications or view it online at wwwmiamigov.com [sic]. PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance, as temporarily modified pursuant to Emergency Ordinance Numbers 13903 and 13914. Parties for any PZ items, including the applicant, appellant, appellee, City staff and any person recognized by the decision -making body as a qualified intervenor, as well as applicants, representatives, and any experts testifying on behalf of the applicant, appellant, or appellee, may either be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk or may appear virtually and make arrangements to be sworn in by oath or affirmation in person at their location by an individual qualified to perform such duty. Pursuant to Emergency Ordinance No. 13903, members of the general public who are not parties to an action pending before the City Commission are not required to be sworn in by oath or affirmation. The members of the City Commission shall disclose any ex parte communications pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. The order of presentation shall be as set forth in Miami 21 and in the City Code. Staff will briefly present each item to be heard. The applicant will present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. Please silence all cellphones and other noisemaking devices now. This meeting can be viewed live on Miami TV, the City's Facebook page, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast will also have closed captioning. Thank you. Chair King: Thank you, Madam City Attorney. Mr. City Clerk. Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for Planning and Zoning items and any quasi-judicial items on today's City Commission agenda will be as follows: The members of City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk, immediately after I finish these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for Planning and Zoning items and/or quasi-judicial items. Pursuant to Emergency Ordinance Number 13903, those individuals appearing remotely may be sworn in at their location by an individual qualified to administer the oath. After you're sworn in, please be sure to complete, sign, and notarize the affidavit provided to you by the City Attorney's Office. Each individual who will provide testimony must be sworn in and execute an affidavit. Please email a scanned version of the signed affidavit to the City Clerk at thannon@miamigov.com prior to providing testimony on the Planning and Zoning item and/or quasi-judicial item. The affidavit shall be included in the record for the relevant item for which you'll be providing testimony. Commissioners, are you comfortable with all the notice provisions set forth in these uniform rules and procedures we have established for this meeting? Chair King: Yes. Mr. Hannon: Chair, may I administer the oath for the Planning and Zoning items? Chair King: Yes, please. Mr. Hannon: Thank you, Chair. Good morning, ladies and gentlemen. Good morning, ladies and gentlemen. If you'll be speaking on any of today's Planning and City of Miami Page 6 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Zoning items, that's any of today's Planning and Zoning items, may 1 please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair King: Thank you. [Later...] Chair King: Mr. Manager, do you have any items that you wish to defer or withdraw from the agenda today? Arthur Noriega (City Manager): Good morning, Madam Chair, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: CA.2, to be deferred to April 13; PH.4, to be withdrawn; RE.2, to be deferred to April 27th; FR.2, to be deferred to April 27th. Commissioner Reyes: FR (First Reading)? You said FR? Mr. Noriega: FR.2. DI.1, to be indefinitely deferred; PZ.5, to be deferred to April 27th; PZ.6, to be indefinitely deferred; PZ.7, to be indefinitely deferred, and that concludes the items. Chair King: Mr. Manager, I understand that the applicant has requested to defer PZ.1 and 2 until April 13th. Vice Chair Carollo: PZ.1 and 2? Commissioner Reyes: Yeah. Chair King: PZ.1 and 2. Todd B. Hannon (City Clerk): Chair, I just need to read a brief statement into the record regarding the indefinite deferrals. Chair King: Please. Mr. Hannon: Pursuant to Section 62-22 of the City Code, an indefinitely deferred action initiated by the City will cost the City mail noticing, advertising, and posting of property as applicable. And also, Chair, just for the record, Commissioner Reyes would like to cosponsor FR.1. Commissioner Reyes: What you said about FR.1? Mr. Hannon: That you would like to cosponsor FR.1. Commissioner Reyes: Oh, yes, okay. Thank you. Chair King: Mr. Vice Chair, do you have any items that you would like to defer or withdraw? Vice Chair Carollo: Yes. I'd like to temporarily defer to the next meeting PZ.4. City of Miami Page 7 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Chair King: PZ.4 to withdraw -- to defer until the next Commission meeting, which is April 13th. Vice Chair Carollo: Correct. Victoria Mendez (City Attorney): I believe it would have to be deferred 'til later because of advertising. Is this the second reading? Vice Chair Carollo: Okay. Ms. Mendez:: And we may have missed -- so the second meeting. Vice Chair Carollo: That's fine. Chair King: That would he April 27th. Ms. Mendez: Yes. Chair King: So, PZ.4 will be deferred until April 27th. Is that it? Vice Chair Carollo: Yes. Chair King: Commissioner Covo, would you like to defer or withdraw any items? Commissioner Covo: None. Chair King: Commissioner Reyes? Commissioner Reyes: No, I don 't have anything. Chair King: May I have a motion? Vice Chair Carollo: It's a motion. Chair King: Second? Commissioner Reyes: Second. Commissioner Covo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: The agenda has been set. Commissioner Reyes: Okay. PUBLIC COMMENT FOR ALL ITEM(S) 13660 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE MARCH 23, 2023, CITY COMMISSION MEETING. City of Miami Page 8 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 RESULT: PRESENTED Chair King: And at this time, 1 will open the floor for public comments. Anyone wishing to speak on anything concerning today's agenda, please step forward. Good morning. Charlotte Purkis: Good morning. I'm Lottie Purkis, and I'm here to voice my support for resolution RE.5. Did you say you needed my address as well? Chair King: Mr. City Clerk. Todd B. Hannon (City Clerk): Yes, ma'am. Chair King: She's asking you a question. Ms. Purkis: 3000 Natoma Street is my address. As a former -- so, RE.5, which is making Matilda Street permanently one way. As a former parent of Coconut Grove Elementary, I can attest that the current situation creates confusion and is dangerous. So, making Matilda Street one-way permanently improves the safety and makes sense to everyone who uses the street. Secondly, together with many community partners, I organize the bike and walk to school days in Coconut Grove, and I've done this for the previous four years. I work with all nine schools to make the biannual events a success. And as a result, I receive plenty of feedback regarding the safety of our streets and the suitability for biking and walking to school. 1 can ensure that I speak for all the families who use Matilda Street to access Coconut Grove Elementary directly and those who cycle and walk along it to access the other schools in the neighborhood. As it's spring break, many families away -- are away so I've been asked to request that large and clear signage is added to Oak Avenue that says "No Left Turn" as one approaches Matilda Street from the east and "No Right Turn" as one approaches Matilda Street from the west. Young children walk on their own along the sidewalks of Oak Avenue and this additional signage would further improve the safety. Please, can we make sure the signage is included? Lastly, I support the resolution as chair of the GroveConnect Mobility Action Plan, which is a community - led and stakeholder -driven plan originated from a workshop with over 75 participants in November 2019. GroveConnect strives to improve connectivity for walkers and cyclists in Coconut Grove making it an exemplary neighborhood (INAUDIBLE) country. Chair King: Thank you. Ms. Purkis: Thank you very much. Chair King: Thank you so much. Vice Chair Carollo: What item is that again you were speaking on? Chair King: RE.5. Commissioner Reyes: RE.5. Ms. Purkis: RE.5, making -- Vice Chair Carollo: RE.5. Ms. Purkis: -- Matilda Street one way. Thank you. City of Miami Page 9 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Commissioner Reyes: Matilda Street one way. Chair King: Good morning. Hank Sanchez -Resnik: Good morning. I'm Hank Sanchez -Resnik. I'm president of Bike Coconut Grove. I live at 3259 Gifford Lane in Miami. My bike is my car. I'm going to be 83 in another week, and I have -- Commissioner Reyes: You look good. Mr. Sanchez -Resnik: -- been a bicyclist since I started -- Vice Chair Carollo: Happy birthday. Mr. Sanchez -Resnik: -- bicycling in New York -- Commissioner Reyes: (INAUDIBLE) gray hair. Mr. Sanchez -Resnik: -- many, many decades ago, and I came to Miami in 2005. And I decided that there was no way I was going to give up bicycling, what I was going to do was work to make Miami much more bicycle and pedestrian friendly. I'm sure you know that to bike and walk in Miami is very dangerous. I'm lucky that I'm alive. I'm very careful to avoid the most dangerous risks. And when 1 moved to Coconut Grove, I started an organization, Bike Coconut Grove, to make bike -- to make Coconut Grove a model community for bicycling and walking, and we're making some progress. I'm in support of RE.5, which is going to make Matilda Street one way between Grand and Oak Avenue, and this is really very important. Matilda is -- first of all, there's a wonderful public school on Matilda, Coconut Grove Elementary, and a lot of the parents bike and walk to school. And when we have our bike and walk to school days, we get really great turnout. We have some data showing that traffic is actually reduced to that school, automobile traffic, on bike and walk to school day. We have hard data showing that we've done counts of cars going by and far fewer cars go by on that street, but it's a crazy street, most of it is one way. But about 200 feet of it is two way, so it's absolutely insane in the afternoon to put -- the Miami Police Department sets up cones to make it not be two way in the afternoon. This resolution, RE.5, will make it one way permanently. Thank you. Chair King: Thank you. Good morning. Tanya Walker: Good morning, Ms. King. How are you? Chair King: Good morning. Good, good to see you. Ms. Walker: T took some photos, if T could pass them around. Ts that okay? No, yes? I just wanted you to see the conditions that, you know -- what's happening in Rainbow Village. I'm all for the new development, but the conditions we're in right now is very bad, very bad. Things are falling apart. I have pictures -- like I said, I took pictures of the conditions around there, like it's terrible and something needs to be done. I didn't have anybody to come with me far as -- who lives in the residence because they're so tired of being told different things about what's going to happen, what they're going to do and nothing is ever being done, so they shut me down. I was going to bring some of the neighbors. They said, "No, we don't want to go. They don't ever do anything," which is true, but I just believe at some point somebody will be that ear that'll try to help us because it's -- the conditions are really bad, really bad. Things -- I mean, from mold -- it's bad, like we're just left out high and dry like nobody really cares. And that's why nobody's coming because we're hearing the same thing. We're hearing the same thing. Even at the meetings it's the same thing, City of Miami Page 10 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 okay. So 1 don't want to get all upset about it but 1'rn trying to keep it cute, but it's very bad, Ms. King. It's very bad. And nobody's going -- and when people are coming saying they're going to help, they say that -- or whatever reasons that they say it. I know there are government things going on far as finances but none of that is taking place where we live. So, whoever is in charge of those finances, they're giving us the crumbs. They're getting theirs off the top, you know, so I what I was -- Chair King: What I want you to do is go to my office and speak to my chief of staff. Let her see those pictures. Ms. Walker: Yes, ma'am. Chair King: And we are going to be in touch with you and your neighbors about that. Ms. Walker: Yeah. Chair King: I know there's an item today on the agenda -- Ms. Walker: Yes, ma'am. Chair King: -- for Rainbow Village. Ms. Walker: Yes, ma'am. Chair King: Things are going to get better. Ms. Walker: I pray they do. Chair King: Things are going to get better. Ms. Walker: But I just had to let you guys know that things that are being said to be done have not been done and it hasn't been done for years. They keep telling us one thing and it's another. The tenants are tired of even trying to listen to these different meetings that we're having because there's nothing being done so they just think it's not going to happen, it's not going to happen, it's going to happen. And they're not going to do anything. Chair King: Okay, so go see my chief of staff. Her name is Yvette Harrell. Go see her so she can get your information and we can start working on it, okay? Ms. Walker: Okay. Thank you, guys, for listening. Chair King: Thank you. Mr. Hannon: Chair -- ma'am. Chair King: Thank you for coming. Mr. Hannon: If I could have your name and address for the record. Ms. Walker: Oh, my name is Tanya Walker. My address is 2116 Northwest 3rd Avenue, Miami, Florida, 33127. Thank you. Chair King: Thank you for coming. Good morning. Chaim Lipskar: Good morning, Commissioners. My name is Chaim Lipskar. I'm the rabbi at the Rok Family Shul. it's right in the heart of Brickell, 35 Southeast 9th City of Miami Page 11 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Street. 1 live at 50 Southwest 17th Road in the Roads. We also -- aside from our synagogue that's in Brickell, we have the Brumer Preschool of the Arts, and so we have a preschool that's on 9th Street. And I'm here to speak about RE.6 in which I am recommending to -- I am recommending the one-way change from a two-way street. What happens on that street is -- because Southwest 9th Street -- South Miami Avenue is a one way, Southwest 9th Street is a one-way, the traffic flow -- the item said Southwest 9th Street, but it's actually Southeast 9th Street on RE.6 because Southwest 9th Street is already a one way. And so it should say, "urge traffic from Southeast 9th Street." But one of the challenges that we have is a similar challenge that is in all of the Brickell areas by the pre -- by schools, like you have on 13th Street as well, during pickup and drop-off. And so, in the morning, when our children get dropped off, our children are mostly -- aged -- between the age of one years old -- twelve months to four years old. So, even though it's very much pedestrian, we have a lot of parents that come with strollers. Many of them also have to come with cars to drop off their children before they go to work and to pick up. And what happens is on 9th Street -- is we have a backup of the parents trying to park in order to pick up their kids during this period of time. We have a -- somewhat a deal with the City of Miami Police. They allow us, for that half hour, to block the streets, but then you have a street going the other way. And so, the street itself is a pretty wide street. It actually can handle some parents being parked on the side as well as a one -- a street going both ways. The challenges, of course, is -- during that time it becomes chaotic and dangerous for the kids. And so -- Chair King: Thank you. Mr. Lipskar: -- I just -- I just want -- like to add I do -- I'm for the Southeast 9th Street one way, but we also have a swale right in front of our synagogue, and that should -- and that could be converted to a drop-off/pickup area. It will help traffic flow and much better. And right now, it's just being used as a concrete swale while there's no swale on the south side of 9th Street by Mary Brickell Village. That's a loading dock -- a loading zone by our side. If we made that into a drop-off/pickup for our preschool, it will be a tremendous help for traffic flow on Southeast 9th Street. Thank you very much. Chair King: Thank you. Good morning. Freddy White: Good morning. My name is Freddy White. My address is 2021 Northwest 3rd, 322 -- 33127. My neighbor was just here explaining the problems that we was having out at Rainbow. I'm not going to take up too much of the time, but I'm just here to say that everything that she just expressed previously is exactly the same. Like I said, I'm not going to take up too much of your time, but I do support the project, PZ.3, and let's get it going. Thank you. Chair King: Thank you. Good morning, Ms. Black. How are you today? Elaine Black: Good morning. My name is Elaine Black, president of the Liberty City Community Revitalization Trust. And I'm here today to speak on BC.1, to support the appointment of board members for the Liberty City Trust. These members are representative of our community. I'm supportive of the redevelopment of our community and we would like to see them appointed if possible. So, thank you so very much for your support. Chair King: Thank you. Good morning, Ms. Capers. How are you? Lola Capers: Good morning, beautiful Chairwoman Christine King. T just love all you -- each one of you all. My name is Lola Capers, and I' m with CACS and partners with HTG and FTU (Florida International University) Moss School of Construction. City of Miami Page 12 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Moss School of Construction with FIU partnered with HTG and they started a construction training program with the individuals that lives in the Rainbow community. We have 15 individuals that will be completing the training this week, and they're waiting for the approval of PZ.3 in order for them to start working on the rehab. These individuals live in Rainbow. They did not get -- receive any stipends. I started off with 15, I end up with 13 that will graduate with a NCCER (National Center for Construction Education and Research) OSHA (Occupational Safety and Health Administration) 30 forklift, et cetera. And Mayor Reyes, all of the units are going to be affordable. So, I'm asking the Commissioners to please pass PZ.3. Thank you. Chair King: Thank you. Good morning, Professor Latimore. Samuel Latimore: Good morning. Good morning, Chairwoman Christine King, the Commissioner, and the Commissioners, especially Ms. Covo, welcome. My name is Samuel Latimore. I live at 937 Northwest 55 Street, Miami. My family had had that residence for the -- since 1959. And with the passing of my parents, I have moved in and been there for a while. I would just like to support the recommendation that has been made for me to participate -- some of us participate on the board of the Liberty City Trust. I have been working with that board for the last seven years, and I have found that board to be committed to the issues that we have in mind, a cleaner community, a safer community, and a community that cares about its seniors. I would support your recommendation for the names that have been nominated. And I appreciate Ms. King for looking into the issue of those people who can make a difference. Liberty City is an old community. My parents have been there, bought that house for $11,000, $11,000. I've been asked for $275,000 for the house now, so that let's you know where we are. My issue is that I seek your support for this. I was a member of the Code Enforcement Board for two years -- two and a half years, and so I have some knowledge about what the issues are. Thank you very much and you have a great day. Chair King: Thank you. Good morning. Cary Johnson: Good morning. Chair King: How are you today? Mr. Johnson: How you doing? Just fine. Chair King: Good. Mr. Johnson: I just came to support BC.1, the Liberty City Trust, which is doing a lot for the neighborhood. They're also doing a lot for the youth in the neighborhood, and to give Commissioner King a thank you for all the support that she gives out to Ms. Black on that behalf and all of the Commissioners that's here. Thank you. Chair King: Thank you. Mr. Hannon: Chair, if I could just have the speaker's name for the record. Mr. Johnson: Oh, Cary Johnson, 29 Northwest 52nd Street. Chair King: Good morning. David Sacks: Good morning. David Sacks, law offices at 2 South Biscayne Boulevard, here representing Fresh Cut Flowers and Petal Productions, located at 1515 Northwest 22nd Street. This is on Item PH.5. I had spoken on March 9th in City of Miami Page 13 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 connection with this item and my client fully supports this item. However, there is an ask with respect -- if it's -- you know, if the Commission is so willing to take this under consideration and perhaps advise staff as necessary. The ask is quite simply to leave up fences that have remained for 41 years on the property that, yes, do in fact block a City right-of-way, but this right-of-way is of two nonfunctional streets. They just simply don't service streets where cars or trucks or anything motorized runs up and down. So, the ask was to do something -- for example, upon the passage of this ordinance today, we could immediately file for a replat and right-of-way vacation and go through that process, which we attempted to do in 2018, but unfortunately, it wasn't until Item PH.5, which we so fully support, it wasn't until PH.5 and this current legislation came before you that we weren't even able to make this ask, which again, would reduce crime in the area. Because if we take down these fences -- this is a highly industrialized area. If we take down these fences, crime is going to increase. There's already crime there. Garbage dumping is going to increase. It's already been happening. And this is an area where citizens have been paying tax dollars for a long time. If it's not the will of the Commission to take this under advisement with respect to entertaining this ask with respect to directing staff or otherwise, so be it. My client will be willing to take down the fence that's improperly blocking the right-of-way -- Chair King: Thank you. Mr. Sacks: -- but we'd ask for the consideration of safety in connection with this ordinance. Chair King: Thank you. Mr. Sacks: Thank you. Chair King: Good morning. Luimar Zibetti Garza: Good morning. Luimar Zibetti Garza, homeless at Peacock Park. I am looking specifically at page 16 with RE.2 and it ties in with page 22 with FR.2. You're wanting to do additional safety measures and other permanent motorized scooter program. Chair King: Ma'am -- Ms. Zibetti Garza: Yes. Chair King: -- both of those items have been deferred. Ms. Zibetti Garza: They've been deferred? Commissioner Reyes: Yes. Chair King: They've been defelTed. Ms. Zibetti Garza: I'm just trying to figure out because 1 was looking at -- okay, continuing onto the next one. Let's see, on the school easement that -- hold on, let me go back. Under -- is Item CA.4 and CA.5 on the agenda? Chair King: Yes. Ms. Zibetti Garza: Okay, then this -- I like the CA.4, that you can have -- perhaps when you're giving away property to people, whether it be through easement -- on CA.5, in particular, you're giving away a thousand square feet, which I think is a perfect place to put a tiny home, and you're giving it away to a Delaware New York City of Miami Page 14 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 owned owner. Are we getting any recompense for that? Since this particular corporation was formed a little over a year ago, so I'm wondering why it's so easy to give property over. The other one, on CA.6, please define what "subterranean easement" means. Does that mean everybody in the state of Florida has access to subterranean easements? That is on the fourth line up there. Continuing, PH.1 -- PH.1 and PH.2, since you're conveying property and renting them for a dollar a year, would you ever consider a pilot program to which you can rent to proactive homeless people locations for a dollar a year so that they can help the homeless here in the city of Coconut Grove? Since I have very little time left, just to let you know real quick, I'm repeating again to all of you, friend or foe, Trump or Joe, decide ye this day who you will serve because between the traitors, <word omitted>, and tyrants all over the place, you all have a very profound decision to make regarding your next council meeting shall we say. Thank you. Chair King: Thank you. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - Special Meeting - Jan 7, 2023 11:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla AM.2 City Commission - City Commission Meeting - Jan 12, 2023 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla AM.3 City Commission - City Commission Meeting - Jan 26, 2023 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla City of Miami Page 15 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Chair King: And at this time, 1 would ask my colleagues if we can approve the minutes for the special meeting on January 7th, the City Commission meeting on January 12th, and the City Commission meeting on January 26th. May I have a motion? Commissioner Reyes: I'll move it. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: The minutes have been approved. MV - MAYORAL VETO(ES) There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. END OF MAYORAL VETO(ES) City of Miami Page 16 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla CA.1 RESOLUTION 13567 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCAL AGENCY PROGRAM ("LAP") SUPPLEMENTAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AMENDING LAP AGREEMENT CONTRACT NUMBER G1553 TO LOCALLY FUND CONSTRUCTION ENGINEERING AND INSPECTION SERVICES IN THE ADDITIONAL AMOUNT OF $62,891.00 TO EXPEDITE THE CONSTRUCTION OF THE EXTENSION OF THE OVERTOWN GREENWAY ALONG NORTHWEST 11TH STREET FROM NORTHWEST 7TH AVENUE TO NORTHWEST 12TH AVENUE, OFFICE OF CAPITAL IMPROVEMENTS PROJECT NUMBER 40- B173648 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND ALL IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY OF MIAMI CODE OF ORDINANCES, AS AMENDED ("CITY CODE"), AS MAY BE DEEMED NECESSARY FOR THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0136 This matter was ADOPTED on the Consent Agenda. Chair King: At this time, we are going to move into the agenda. Do I have a motion - Vice Chair Carollo: Move. Commissioner Reyes: Second. Chair King: -- for the consent agenda items? I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Todd B. Hannon (City Clerk): And Chair, just for the record, that excludes CA.2. City of Miami Page 17 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 CA.2 13423 Department of Fire - Rescue Chair King: That excludes CA.2, which was deferred until the April 13th Commission meeting. Mr. Hannon: Yes, ma'am. Just for the record, the public hearing has been closed. Chair King: Public hearing has been closed. Commissioner Reyes: Okay. RESOLUTION - Item Pulled from Consen= A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A FEDERALLY -FUNDED SUB - AWARD AND GRANT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY THOUSAND SEVEN HUNDRED FORTY SEVEN DOLLARS AND EIGHTY EIGHT CENTS ($170,747.88)("GRANT") FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY'S FEDERAL EMERGENCY MANAGEMENT AGENCY PASSED THROUGH THE STATE OF FLORIDA'S DIVISION OF EMERGENCY MANAGEMENT TO THE CITY OF MIAMI ("CITY") FOR REIMBURSEMENT OF EXPENSES ATTRIBUTABLE TO HURRICANE IAN ("PURPOSE"); ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "IAN CAT-B PROTECTIVE MEASURES" CONSISTING OF SAID GRANT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE GRANT AGREEMENT, ATTACHED AND INCORPORATED AS EXHIBIT "A," INCLUDING ANY AND ALL NECESSARY DOCUMENTS, AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE AND ADMINISTRATION OF THE GRANT AND COMPLIANCE WITH THE TERMS AND CONDITIONS THEREOF. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item CA.2 was deferred to the April 13, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item. Number CA.2, please see "Order of the day." City of Miami Page 18 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 CA.3 13549 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE ACCESSING OF THE BROWARD SHERIFF'S OFFICE ("BSO") REQUEST FOR LETTERS OF INTENT ("RLI") CONTRACT NO. 19053JLS FOR THE PROVISION OF THE BASE LAYER INTEGRATION SOFTWARE PLATFORM FOR THE REAL TIME CRIME CENTER ("RTCC"), ON A CONTRACTUAL BASIS, FOR THE CITY OF MIAMI ("CITY") POLICE DEPARTMENT ("POLICE") LICENSE PLATE READER ("LPR"), PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WITH MOTOROLA SOLUTIONS, INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("MOTOROLA SOLUTIONS"), WHICH WAS COMPETITIVELY SOLICITED FOR AN INITIAL TERM OF FIVE (5) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, EFFECTIVE THROUGH MARCH 12, 2025, AND SUBJECT TO ANY RENEWALS, EXTENSIONS, AND/OR REPLACEMENT CONTRACTS BY THE BSO; ALLOCATING FUNDS FROM CITY PROJECT NO. 40- B233208 AND SUCH OTHER VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CITY'S SUPPLEMENTAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0137 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Iteni Number CA.3, please see Item Number CA.1. City of Miami Page 19 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 CA.4 RESOLUTION 13528 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT ("LEASE") BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY ("COUNTY") FOR THE CITY'S CONTINUED USE OF THE COUNTY -OWNED PROPERTY LOCATED AT 111 NORTHWEST 1ST STREET, MIAMI, FLORIDA ("PROPERTY"), FOR THE CITY'S PLACEMENT OF A ROOFTOP ANTENNA AND RELATED EQUIPMENT ON THE PROPERTY, FOR A FIVE (5) YEAR PERIOD WITH AN OPTION TO EXTEND FOR ONE (1) ADDITIONAL FIVE (5) YEAR TERM; FOR AN ANNUAL RENTAL RATE OF $1.00 PER YEAR; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE LEASE AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID LEASE AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THE USES CONTEMPLATED HEREIN. ENACTMENT NUMBER: R-23-0138 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.4, please see "Public comment for all item(s) in the agenda." Note for the Record: For minutes referencing Item Number CA.4, please see Item Number CA.1. CA.5 RESOLUTION 13462 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), VACATING, DISCONTINUING, AND ABANDONING A PORTION OF THE SOUTHERN SIDE OF NORTHWEST 28TH STREET BETWEEN NORTHWEST 2 AVENUE AND NORTHWEST 3 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, CONTAINING APPROXIMATELY 1000 SQUARE FEET; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PURSUANT TO SECTION 255.22, FLORIDA STATUTES, IN FAVOR OF THOR 208 NW 28TH STREET LLC, A DELAWARE LIMITED LIABILITY COMPANY, THE SUCCESSOR -IN -INTEREST OF THE ORIGINAL DEDICATOR. ENACTMENT NUMBER: R-23-0139 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.5, please see "Public comment for all item(s) in the agenda" and Item Number CA.1. City of Miami Page 20 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 CA.6 RESOLUTION 13464 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING SEVEN (7) RIGHT-OF-WAY DEEDS OF DEDICATION AND AN AMENDED AND RESTATED RIGHT-OF-WAY DEED SUBJECT TO SUBTERRANEAN EASEMENT RESERVATION ("DEEDS"), AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR RIGHT-OF- WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A COPY OF THE DEEDS. ENACTMENT NUMBER: R-23-0140 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.6, please see "Public comment for all item(s) in the agenda" and Item Number CA.1. CA.7 RESOLUTION 13529 Office of Resilience and Sustainability A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT, BUDGET, ALLOCATE, AND APPROPRIATE REIMBURSEMENT FUNDS FROM FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") RESILIENT FLORIDA PROGRAM GRANT FOR FISCAL YEAR 2022 — 2023 IN AN AMOUNT NOT TO EXCEED ONE HUNDRED NINETY-SEVEN THOUSAND FIVE HUNDRED SEVENTY-FOUR DOLLARS AND EIGHTY-ONE CENTS ($197,574.81) ("GRANT AWARD") TO BE UTILIZED FOR CONDUCTING A CITY OF MIAMI ("CITY") WIDE CRITICAL FACILITIES AND ASSETS VULNERABILITY ASSESSMENT WITH NO REQUIRED CITY MATCHING FUNDS; ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "CITY OF MIAMI CRITICAL FACILITIES AND ASSETS VULNERABILITY ASSESSMENT GRANT"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE REIMBURSEMENT GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FDEP INCLUDING ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE, IMPLEMENTATION OF, AND COMPLIANCE WITH THE GRANT AWARD AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0141 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.7, please see Item Number CA.1. City of Miami Page 21 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 CA.8 RESOLUTION 13596 Department of Risk Management CA.9 13595 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF NATHANIEL DAUPHIN, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $95,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $94,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-23-0142 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.8, please see Item Number CA.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ANETTE EUGENIA RAMIREZ, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $65,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, "CITY") IN THE CASE STYLED ANETTE EUGENIA RAMIREZ VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 21-17533 CA 01, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000. ENACTMENT NUMBER: R-23-0143 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.9, please see Item Number CA.1. END OF CONSENT AGENDA City of Miami Page 22 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 PH - PUBLIC HEARINGS PH.1 RESOLUTION 13519 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), CONVEYING PROPERTY TO IMPLEMENT PROJECTS OF ANY GOVERNMENTAL AGENCY OR INSTRUMENTALITY; AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW LEASE AGREEMENT ("NEW LEASE AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY ("COUNTY"), FOR THE COUNTY'S CONTINUED USE OF THE CITY -OWNED PROPERTY LOCATED AT 971 NORTHWEST 2ND STREET, MIAMI, FLORIDA, AS A PUBLIC HEALTH FACILITY, AT AN ANNUAL RENTAL RATE OF ONE DOLLAR ($1.00") PER YEAR, FOR A PERIOD OF FIVE YEARS AND SIX MONTHS, WITH ONE (1) OPTION TO EXTEND FOR ONE (1) ADDITIONAL FIVE YEAR TERM; WITH TERMS AND CONDITIONS TO BE MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO THE NEW LEASE AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE USES CONTEMPLATED HEREIN. ENACTMENT NUMBER: R-23-0144 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number PH.1, please see "Public comment for all item(s) in the agenda." Chair King: With respect to the public hearing items, do I have a motion and a second? Commissioner Reyes: Move. Vice Chair Carollo: Move, with the exception of PH.4 that was deferred. Chair King: Withdrawn, correct. Vice Chair Carollo: That's withdrawn. Chair King: So, I have a motion and a second. All in favor of the PH (Public Hearing) items? All in favor? The Commission (Collectively): Aye. City of Miami Page 23 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Chair King: Motion carries unanimously. PH.2 RESOLUTION 13520 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), CONVEYING PROPERTY TO IMPLEMENT PROJECTS OF ANY GOVERNMENTAL AGENCY OR INSTRUMENTALITY; AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY ("COUNTY"), FOR THE COUNTY'S CONTINUED USE OF THE CITY -OWNED PROPERTY LOCATED AT 1009 NORTHWEST 5TH AVENUE, MIAMI, FLORIDA, AS A PUBLIC HEALTH FACILITY, AT AN ANNUAL RENTAL RATE OF ONE DOLLAR ($1.00) PER YEAR, FOR A PERIOD OF FIVE (5) YEARS AND SIX (6) MONTHS, WITH ONE (1) OPTION TO EXTEND FOR ONE (1) ADDITIONAL FIVE (5) YEAR TERM; WITH TERMS AND CONDITIONS TO BE MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THE USES CONTEMPLATED HEREIN. ENACTMENT NUMBER: R-23-0145 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PH.2, please see "Public comment for all item(s) in the agenda" and Item Number PH.1. City of Miami Page 24 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 PH.3 RESOLUTION 13550 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO THE SECTION 29-B(C) OF CHARTER OF CITY OF MIAMI, FLORIDA, AS AMENDED, CONVEYING PROPERTY TO IMPLEMENT PROJECTS OF ANY GOVERNMENTAL AGENCY OR INSTRUMENTALITY; AUTHORIZING THE CITY MANAGER TO EXECUTE AND NEGOTIATE A LEASE AGREEMENT("LEASE") BETWEEN CITY OF MIAMI ("CITY") AND THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION ("LESSEE"), FOR THE CONTINUED USE OF A VACANT PARCEL OF LAND MEASURING APPROXIMATELY 300 FEET BY 200 FEET, LOCATED ON A PORTION OF VIRGINIA KEY, DIAGONALLY ACROSS THE NORTHWEST CORNER OF THE MIAMI-DADE WATER AND SEWER AUTHORITY TREATMENT PLANT, FOR USE OF AN AIR ROUTE NAVIGATIONAL FACILITY ON A PORTION OF VIRGINIA KEY, FOR A TERM OF TWENTY (20) YEARS, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID LEASE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-23-0146 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PH.3, please see Item Number PH.1. City of Miami Page 25 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 PH.4 13562 Department of Real Estate and Asset Management RESOLUTION TO BE DEFERRED A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING, THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE REVOCABLE LICENSE AGREEMENTS ("AGREEMENTS"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR USE OF COMMERCIAL SPACE LOCATED AT THE OLYMPIA THEATER AND TOWER, 174 EAST FLAGLER STREET, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE REVOCABLE LICENSE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ORGANIZATIONS FOR SAID PURPOSE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PH.4, please see "Order of the day." PH.5 RESOLUTION 13365 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29(B) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN SUBSTANTIALLY THE FORM ATTACHED AND INCORPORATED AS EXHIBIT "B," CONVEYING A CITY OF MIAMI ("CITY") OWNED RIGHT OF WAY ON A PORTION OF NORTHWEST 16TH AVENUE BETWEEN NORTHWEST 22ND AND 23RD STREETS, MIAMI, FLORIDA ("PROPERTY") TO THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"); FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT A PERPETUAL EASEMENT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("PROPERTY"), FROM FDOT FOR THE PROPERTY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO EFFECTUATE SAID CONVEYANCE. ENACTMENT NUMBER: R-23-0147 City of Miami Page 26 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PH.5, please see "Public comment for all item(s) in the agenda" and Item Number PH.I. PH.6 RESOLUTION 13644 Commissioners and Mayor 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 FINDING(S) AND RECOMMENDATION(S), ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS, ON A LUMP SUM BASIS, IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY-THREE THOUSAND, FIVE HUNDRED AND 00/100 DOLLARS ($153,500.00) ("GRANT") TO ALLAPATTAH COMMUNITY ACTION, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("ALLAPATTAH COMMUNITY ACTION"), IN ORDER TO IMPLEMENT ITS CONGREGATE MEALS PROGRAM, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ALLAPATTAH COMMUNITY ACTION AND ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0148 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PH.6, please see Item Number PH.1. City of Miami Page 27 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 PH.7 RESOLUTION 13643 Commissioners and Mayor 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 FINDING(S) AND RECOMMENDATION(S), ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS, ON A LUMP SUM BASIS, IN A TOTAL AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($250,000.00) ("GRANT") TO ASSISTANCE TO THE ELDERLY, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("ATTE"), IN ORDER TO IMPLEMENT ITS FIRST FLOOR REHABILITATION OF THE RESIDENTIAL PLAZA, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ATTE AND ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0149 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PH.7, please see Item Number PH.1. END OF PUBLIC HEARINGS City of Miami Page 28 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 RE.1 13255 Department of Fire - Rescue RE - RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCESSING OF THE PINELLAS COUNTY SHERIFF'S OFFICE ("PCSO") REQUEST FOR PROPOSALS ("RFP") CONTRACT NO. RFP 21-02 ("CONTRACT") FOR THE PROCUREMENT OF A CLOUD -BASED COMPUTER AIDED DISPATCH ("CAD") SYSTEM, FOR THE CITY OF MIAMI ("CITY") DEPARTMENT OF FIRE -RESCUE ("FIRE"), PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WITH INTERGRAPH CORPORATION D/B/A HEXAGON SAFETY, INFRASTRUCTURE & GEOSPATIAL DIVISION, A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("HEXAGON"), WHICH WAS COMPETITIVELY SOLICITED FOR AN INITIAL TERM OF SEVEN (7) YEARS, AND WILL EXPIRE ON JULY 21, 2029, SUBJECT TO ANY RENEWALS, EXTENSIONS, AND/OR REPLACEMENT CONTRACTS BY PCSO; ALLOCATING FUNDS FROM FIRE AND SUCH OTHER VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CITY'S SUPPLEMENTAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0150 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: Resolutions, do I have a motion? Commissioner Covo: Madam Chair, I please need to amend RE.6. It's Southeast 9th. City of Miami Page 29 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Chair King: Okay. Madam City Attorney, is that a scrivener's error? It says Southwest 9th and -- Commissioner Covo: It's southeast. Chair King: It's southeast. Vice Chair Carollo: Yes. Commissioner Reyes: Yes. Yes, it is southeast. Vice Chair Carollo: Okay. Victoria Mendez (City Attorney): If we do it now, it would just be as amended. We wouldn't have to issue a scrivener's -- Chair King: Okay, so as amended. Alright, so I have a motion and a second. Todd B. Hannon (City Clerk): Chair, Chair, I believe RE.3 has to be voted on separately. Chair King: Oh, yes, yes, I'm sorry. Commissioner Covo: Yes. Commissioner Reyes: That's right. Chair King: RE.3 is -- Ms. Mendez: Thank you. Chair King: -- separate. So, do I have a motion? I have a motion and a second and RE. 6, as -- Commissioner Reyes: Amended. Chair King: -- amended. All in favor? Commissioner Diaz de la Portilla: Hold, let me ask something. Is this the one that turns --? Just for clarification purposes, is this the one that turns 9th Street into a one-way street? Chair King: Yes. Commissioner Diaz de la Portilla: Okay. Is that in front of the synagogue? Chair King.• Yes. Commissioner Diaz de la Portilla: Okay. Have -- if I may. Chair King: Go ahead. Commissioner Diaz de la Portilla: Have you consulted with the synagogue as to --? Commissioner Covo: Yes, and they came to -- for public hearing. Commissioner Reyes: He was here. City of Miami Page 30 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Commissioner Diaz de la Portilla: 1 heard some of the public comment earlier. Commissioner Covo: And I heard from other -- Commissioner Diaz de la Portilla: And I know you testified but -- Commissioner Covo: And I heard from other people as well at the synagogue because it's a daycare. Commissioner Diaz de la Portilla: Right, also -- Commissioner Covo: So, it's a safety issue for the children. Commissioner Diaz de la Portilla: Okay, so the one-way makes it safer obviously? Commissioner Covo: Of course, and also, it helps the community to not sit in traffic for a long time when the parents are picking up the children, so it actually increase traffic flow in Brickell. Commissioner Diaz de la Portilla: Okay. Does it impact -- is there a conflict between the synagogue and the children being dropped off and being picked up, scheduling in terms of timing? Maybe he can answer. I was just looking at it yes -- last night and I had this clarification. Is there a conflict between synagogue services and the pickup and drop-off of children? Does it impact --? Is there overlap in other words? Chaim Lipskar: Not too much of a conflict. Commissioner Diaz de la Portilla: Or any activity? Well, what's not too much of a conflict? Mr. Lipskar: No, I'm saying the one-way would be good for the synagogue. I represent the synagogue -- Commissioner Diaz de la Portilla: But I'm talking -- Mr. Lipskar: -- and the preschool and the daycare. It's all part of our -- it's all part of the synagogue. Commissioner Diaz de la Portilla: Yeah, the synagogue runs the daycare, right? Mr. Lipskar: Yeah, the synagogue runs the daycare. Commissioner Diaz de la Portilla: But there is -- in terms of traffic congestion on 9th Street now, is -- or potential traffic congestion on 9th Street, is there -- do you have programs and services that you provide to the children, is there overlap in some of those programs and the synagogue services that you provide? Mr. Lipskar: Is there overlap during the time of services? Commissioner Diaz de la Portilla: In terms of hours. Mr. Lipskar: Generally, not. Commissioner Covo: So, is your service at the same time as drop-off and pickup? I think that's the Commissioner is -- City of Miami Page 31 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Commissioner Diaz de la Portilla: Of course. That's the question, yes. Commissioner Covo: -- asking. Mr. Lipskar: Generally not. Commissioner Diaz de la Portilla: Definitely not. Mr. Lipskar: Generally not. Commissioner Diaz de la Portilla: Generally, okay. Mr. Lipskar: Generally not. Commissioner Diaz de la Portilla: You should -- you should be a lawyer. Mr. Lipskar: Our largest -- Commissioner Diaz de la Portilla: Are you? Mr. Lipskar: -- our main services are Friday night and Saturday morning when there's no school. Commissioner Diaz de la Portilla: Okay. Mr. Lipskar: Our morning services are 7:45 and our drop-off is about 8. 30 so -- and our pickup's at 4:30. It's no issue so almost, you know -- it's generally not the issue. Our -- the problem is the drop-off of the preschool. Commissioner Covo: And Commissioner, I also think that it's not only for the synagogue specifically. I think that in Brickell in that corner -- because also Southwest 9th, it's a one way. There are traffic patterns that I've noticed from my district that just don't make sense. Commissioner Diaz de la Portilla: Okay. Commissioner Covo: I'm not a traffic expert. That's why we also have to urge the County. Mr. Lipskar: We're also going to shortly have 830 Brickell open up which is going to be one of the largest office towers and most of that traffic's going to -- Commissioner Diaz de la Portilla: Well, I was going there. Mr. Lipskar• -- it's going to flow through 9 Street. Commissioner Diaz de la Portilla: You read my mind. Mr. Lipskar: Right. Commissioner Diaz de la Portilla: You reminded me. Mr. Lipskar: And so -- Commissioner Diaz de la Portilla: I was going to ask that. Have you consulted with fixture project builders or existing businesses as to how it impacts them? City of Miami Page 32 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Commissioner Covo: No. Commissioner Diaz de la Portilla: No? Commissioner Covo: I have not. With businesses, no, just with the synagogue, the parents, and some folks at the building that is on the other side, just asking questions. Commissioner Diaz de la Portilla: And so the new office building -- this will be helpful for the new office building? Mr. Lipskar: It will be much more helpful for the office building flow. Commissioner Covo: I think, for all the block technically. Commissioner Diaz de la Portilla: Okay. Mr. Lipskar: Yes. Commissioner Diaz de la Portilla: Okay, thank you. Thank you, Madam Chair. Chair King: Thank you. Mr. Lipskar: What happens is trucks just -- Commissioner Diaz de la Portilla: Sony, I apologize for interrupting the vote. Chair King: Good morning. Mr. Lipskar: -- block the whole street when -- because they're going the other way. Commissioner Diaz de la Portilla: Right. Mr. Lipskar: And there's no flow. Chair King: Thank you. Commissioner Diaz de la Portilla: I'm very familiar with the area. I just want to make sure that they're able to turn and come down 9th Street, right? Mr. Lipskar: Yes. Commissioner Diaz de la Portilla: Okay. And where's the office building? I'm sorry, where's the office building? Do you know? Commissioner Covo: It's 830 Brickell, right? But I have no -- Commissioner Diaz de la Portilla: 830 Brickell. Commissioner Covo: -- idea which (UNINTELLIGIBLE) is that. Commissioner Diaz de la Portilla: It's on that side. Commissioner Covo: It's on the other side. Commissioner Diaz de la Portilla: It's on the other side, right? Okay, alright. Thank you. City of Miami Page 33 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Chair King: Okay. Commissioner Diaz de la Portilla: Thank you, Commissioner. Chair King: So, for the record, can I state the mover and the second for the Clerk's Office? Commissioner Reyes: I move it. Vice Chair Carollo: Yes. Chair King: It was moved by Commissioner Reyes, seconded by Vice Chair Carollo. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 34 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 RE.2 RESOLUTION 12749 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED OCTOBER 15, 2021, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 1170387 AND THE PROTEST TO THE SAME, FROM BIRD RIDES, INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("BIRD"), AND HELBIZ FL LLC, A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("HELBIZ"), THE TWO (2) HIGHEST RANKED RESPONSIVE AND RESPONSIBLE PROPOSERS, FOR THE PROVISION OF SHARED MOTORIZED SCOOTER SERVICES, FOR THE CITY OF MIAMI ("CITY") DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("RPW"), FOR A PERIOD OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL TWO (2) YEAR PERIOD, SUBJECT TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH BIRD AND HELBIZ, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item RE.2 was continued to the April 27, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item. Number RE.2, please see "Order of the Day." City of Miami Page 35 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 RE.3 12578 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT FINE FOR CASE NUMBER CE2021003957 ON PROPERTY ADDRESS 7301 BELLE MEADE ISLAND DRIVE, MIAMI, FLORIDA, AFTER HEARING AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT AND THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. ENACTMENT NUMBER: R-23-0155 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: We will address RE. 3 now. Marcy Resnik: Good morning. Marcy Resnik, on behalf of the owner, 7301 Belle Meade, LLC. Rachel Dooley (Senior Assistant City Attorney): Good morning, members of the Commission. Rachel Dooley, on behalf of the City Attorney's Office. This item was moved several times due to scheduling issues. They're here for a mitigation as allowed for by 2-817 of the City Code. In this particular case, 7301 Belle Meade Island Drive, as I've stated before here before you, is a repeat violation property. Back in October 14th of 2020, they were previously cited for improper short-term rentals at this private home. And through a settlement agreement that was approved by the Code Enforcement Board, there was a finding of guilt and no fine. They were then again cited under the current case that is before you in February of 2021, so a few months later. Their hearing was in March 10th of 2021. They were given immediate compliance retroactive to the date they were originally cited, which is allowed pursuant to the Code. Vice Chair Carollo: Rachel, I'm sorry to interrupt you. Ms. Dooley: Okay. Vice Chair Carollo: But the first violation they got cited for was in what year? Ms. Dooley: It was in 2020, so it occurred during the -- Vice Chair Carollo: Pandemic. Ms. Dooley: -- beginning parts of COVID in 2020. Vice Chair Carollo: Okay. And what was that for they got cited? City of Miami Page 36 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Ms. Dooley: It was for -- that one had different violations. One was there was some work without a permit that they did take care of in the kitchen and some issues with an outside tiki hut, and also, the short-term rental violation. Vice Chair Carollo: What's the --? That's what caught my attention. What's the short-term rental violation? Ms. Dooley: So, in a T3 zone, you cannot rent something that's not predominantly permanent housing. So, they cannot be used as lodging. Basically, I rent it to somebody for the weekend. They come in -- even 30 days. State statute has a short- term rental as anything less than 30 days. Vice Chair Carollo: I see. Ms. Dooley: Our code actually doesn't allow any lodging in a T3 zone, which has been discussed in the Third District Court of Appeal in a different lawsuit. And the Third District Court of Appeal determined that, in our T3 transect zone, which this is, that you must have predominantly permanent housing, which doesn't allow for any sort of lodging on a house wherein the owner is not present. Vice Chair Carollo: For any amount of time? Ms. Dooley: Correct. Vice Chair Carollo: Interesting. Commissioner Reyes: Commissioner -- through the Chair. Chair King: Commissioner Reyes. Commissioner Reyes: Yes, I have to -- let me ask you a question. I been hearing about this problem for a long time. And what really caught my eye was that there was -- that short-term leasing was not for a family that will go there and stay for a while. It was wild parties, wild parties. Ms. Dooley: In this particular case, it was all kinds of things were going on. Commissioner Reyes: That's right. And I heard -- Ms. Dooley: That's part -- Commissioner Reyes: -- that they were even drag racing in the neighborhood. Ms. Dooley: That was some of the complaints, yes. Commissioner Reyes: They're the complaints. Ms. Dooley: Yes. Commissioner Reyes: And the owner was notified once, twice, three times, and he never paying attention to it. Is that right? Ms. Dooley: There was not owner compliance for quite some time. Obviously, there were periods of nothing that led to the settlement in the first case, and then the activity started back up again. Commissioner Reyes: Okay, those are the questions that I have in my head -- City of Miami Page 37 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Ms. Dooley: Yes, sir. Commissioner Reyes: -- before I make a decision mitigating or not. Ms. Dooley: Yes, sir. Commissioner Reyes: There's a (UNINTELLIGIBLE) because it's a repeat violator without no regards for the neighborhood, for the authorities or for anybody. Ms. Dooley: Yes, sir. In the (UNINTELLIGIBLE) case for this particular violation, the facts as were presented to the board for this particular issue that led it to be a repeat violator was in fact the rentals going on. Large buses would show up dropping people off for the weekend. In some cases, it was just rented for the weekend with videos being shot. Obviously, you can't use a T3 transect zone property as a -- for commercial purposes. So, it would be rented for music videos or things like that. People were walking up and down the street, being dropped off, that kind of activity. Commissioner Reyes: Have the neighbors -- did the neighbors complain about that? Ms. Dooley: Yes, constantly. Commissioner Reyes: Every time. Constantly, right? Ms. Dooley: Yes. Commissioner Reyes: So, that means that they were destroying the quality of life of that neighborhood. Ms. Dooley: Yes, sir. Commissioner Reyes: Okay. Chair King: Thank you, Rachel. For my colleagues, this is my district. Commissioner Reyes: Yeah. Chair King: It's Belle Meade Island. I have been clear from when this issue came before me that I expect to receive the full amount that is due the City for this 7301 Belle Meade Island Drive violations. And that is my request that -- Commissioner Reyes: I second that. Ms. Dooley: The full amount of the lien as it ran for this particular one, it was complied. It's September of 2022. Ms. Resnik: Actually, Rachel -- I'm sorry to interrupt you -- it was complied as of June 1, 2022. Ms. Dooley: Well, that's our debate, and I'll get -- I was about to get into that, which is the official compliance date was September 2nd of 2022, which made the lien run to $270,500. We were contacted in June of 2022 stating that all rentals had ceased, but obviously, because of past practices, the City was not going to go in and close out and comply a case. It was left over for purposes of the summer. And in fact, through the - - I guess it would be the Labor Day holiday and there were no violations at that time. So, if you went from, say June 1st -- 60 days prior to the compliance date, there was City of Miami Page 38 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 no activity. It was kept open for that period of time. That amount -- that amounts to $30, 000, just for reference to you i f that's something that you wish to consider. Vice Chair Carollo: Alright, Chair, can I ask some more questions? Rachel, when you stated "repeated off ender, " was it just in this property or do they own or owned other properties that they also had violations on? Ms. Dooley: They had an adjacent property that had not this number of violations, just one that -- for the same issue and that was complied. Vice Chair Carollo: What same -- Ms. Resnik: And that property -- Vice Chair Carollo: -- what same issue? Ms. Dooley: Excuse me? Vice Chair Carollo: What was the same issue? Ms. Dooley: Rental -- illegal rentals. Vice Chair Carollo: Illegal rentals, okay, so they certainly are a repeated violator in what they were doing. Now, did -- these -- both these properties, the one that we have before us today and the other one that I understand they sold? Ms. Dooley: Correct. Vice Chair Carollo: Were they owned under their names or corporations? Ms. Dooley: So, one was in a trust -- Ms. Resnik: May I? Ms. Dooley: -- and the other one in name. But I think counsel could -- Vice Chair Carollo: Sure. Ms. Resnik: The property that we're here about today is owned by an LLC. However, it is owner -occupied. My client, the individual who owns the LLC, own -- it's a single-family home. It is owner -occupied. Vice Chair Carollo: And when you say "owner -occupied," obviously, he wasn't occupying the home during the period that was just described here. Is it owner - occupied now? Is that what you mean? Ms. Resnik: It is -- it has been owner -occupied for close to a year, yes. Vice Chair Carollo: Okay. Chair King: Rachel -- I'm sorry. Vice Chair Carollo: That's -- Chair King: I understood that the property was being sold. Ms. Resnik: It is listed for sale. City of Miami Page 39 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Commissioner Covo: It's listed now for sale? Chair King: It's listed now for sale. Ms. Dooley: Well, it's listed for rent for $48,000 a month right now online, but I believe their goal is to sell it but that's -- Ms. Resnik: The goal is to sell it. It is listed for sale. Chair King: Okay. So, again, let me reiterate that I am asking for the All amount that is owed the City. That is my recommend -- Commissioner Covo: Madam Chair, I have a question. Does this resolution have the full amount? Commissioner Diaz de la Portilla: Yes. Ms. Dooley: Well, the resolution itself -- Commissioner Diaz de la Portilla: It's close to $3 million. Ms. Dooley: -- would -- based upon your determination would be the -- Commissioner Covo: Would be $300,000. Ms. Dooley: -- amount that would be put in. The resolution does state that currently the lien as the date that it was complied by the City, which was September 2nd of 2022, is $270,500, plus there is a $5,000 irreparable harm violation that is also pending and has not been paid, so I don't want that to get lost. Vice Chair Carollo: Right. Ms. Dooley: The $5,000 was obviously, because of the repeat nature of it -- Vice Chair Carollo: Yeah. Ms. Dooley: -- and the continued actions. Vice Chair Carollo: Chair -- Chair King: Yes. Vice Chair Carollo: -- if I may go back. I have heard enough to be very clear that this is a repeat violator and a repeat violator that didn't care for the quality, of life of his neighbors. And in fact, I believe I even heard something to the effect that would also include the health and safety of his neighbors. And we haven't had too many of these cases that have been appealed -- and when I say these cases, any case that have been appealed to this Commission since I have -- had asked the body that approved the ordinance so we could stop a lot of the shenanigans that was going on. But the only -- and what I'm toying to say is that while we have been lenient with some of the cases, the few that come before us in keeping to that 10 percent, the difference here is -- and we should keep that in niind for the future -- these are repeat violators and repeat violators that didn't care for the quality of life of their neighbors, their health and safety in what they were doing. It's a big difference. And this is why this ordinance that we approved was approved so that when we are faced with instances like this that's not a real homestead property that a mom and dad has owned, they're City of Miami Page 40 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 elderly now, et cetera, we can deal with it appropriately and differently than a normal homestead owned property. The only area here that I'd like to get some legal advice from our City Attorney is the difference that I'm hearing between June and September if they did comply or not. Because I'm hearing that we might have held off to see if they were truly in compliance or not, and that's the only area that I'd like to get some advice on because I don't want to give them any kind of nail that they could hang their hats on in going to court on. I'd rather -- if the City Attorney feels that they might have some legs to stand on on that issue if they appeal to a court of law, that we waive that part just to be safe -- fully safe on the rest of it, but only if we are advised to that. If the City Attorney feels that we're right in putting the full amount, I will go along with that. Victoria Mendez (City Attorney): So, what I would like is for counsel to state everything -- Vice Chair Carollo: Yes. Ms. Mendez: -- that she wants on the record first, and then we could make that determination -- Vice Chair Carollo: That's obviously -- Ms. Mendez: -- if that's -- Vice Chair Carollo: -- she has that right. And after we hear, we have a right to feel the same way or certainly change our minds if we hear anything that's different that could make a difference in your opinion. Ms. Resnik: Thank you, Madam City Attorney. First, I'd like to point out, Commissioners, that there was no violations relating to health or safety. This was strictly dealing with short-term rentals. As Ms. Dooley indicated, there were some issues regarding a kitchen and a tiki hut. Those were complied with long ago. Vice Chair Carollo: Yeah, but the area that made me say that -- so it's on the record -- is when I heard that some of the people they were renting to, apparently short-term, were drag racing through the area. Ms. Resnik: I'm not aware of any of the allegations regarding drag racing. In all honesty, today is the first time I've heard it, and I've spoken with Ms. Dooley numerous times. I am aware of the issues regarding the allegations of a bus dropping off people and things like that. And there were times where it was families that were there for a weekend. But as I said, there were no life safety issues, health violations. This was not structural in nature. And with regard to the difference between the June I and the September 1 dates, we have been able to show counsel that they were off the short-term rental sites as of June 1. And I think Ms. Dooley will agree with me that since that time there has been no short-term rentals. There has been no complaints from the neighbors. In fact, there have been some gatherings of the neighbors where my client has been there and has been welcomed with open arms and has been a good neighbor and has been doing the right thing. And as a result of that, we're not here today to contest the $5,000 irreparable harm. We understand that we need to -- that my client needs to pay that. But we believe that the appropriate time period is February 28, 2021 through June 1, 2022. And of that amount -- of that fine which we believe is $229,000, if Ms. Dooley can confirm that my math is correct. And at this point, I'm authorized to offer the $5,000 to resolve this plus 5 percent of that fine. Chair King: One -- okay. I'm very in touch with my community. Do you have any letters of support to evidence your statement that you've had meetings with the City of Miami Page 41 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 neighbors and that they're now in support? Because the last 1 heard from my neighbors, they want to move forward because your client -- they were bad actors, and they were bad actors for a long time. And I want to send a clear message to everyone who considers the City of Miami that they will not be held accountable for their actions -- Commissioner Reyes: Absolutely. Chair King: -- because this was an egregious act on your client's behalf. So, unless you have letters from the neighbors supporting that statement you made -- because that is not what my neighbors have said to me. Ms. Resnik: I want to clarify the record. I didn't say I met with them, okay. They had like a -- they had a gathering. There was a party on the street amongst the neighbors and my client participated in that. It wasn 't a free-for-all. It was like a -- Commissioner Diaz de la Portilla: A party in the street. Chair King: Okay. Ms. Resnik: -- a block party. Chair King: Okay, so -- Ms. Resnik: That's all. I just want the record to be clear. Chair King: Okay, because I thought you were saying -- Ms. Resnik: No. Chair King: -- that the neighbors are now -- Commissioner Diaz de la Portilla: I'm sure they had a party. Chair King: -- in support of your client and that is not -- Ms. Resnik: And what I -- Chair King: -- what 1 understand. Ms. Resnik: Let me be very clear. There was a gathering of the neighbors. I believe - - and please don't quote me -- but I believe it was in the neighborhood of like a block - - in the nature of a block party. And my client was asked to bring chairs and refreshments and everybody was there and -- Commissioner Diaz de la Portilla: Any music or no music? Ms. Resnik: I'm sorry? Commissioner Diaz de la Portilla: Any music at the party? Ms. Resnik: I don't know. Commissioner Diaz de la Portilla: Okay. Chair King: So, did you --? City of Miami Page 42 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Ms. Resnik: I wasn't invited. Chair King: Right. Commissioner Diaz de la Portilla: So, what you're testing -- Chair King: Okay. Commissioner Diaz de la Portilla: If I may ask a question, I'm sorry. You're testing that there was a meeting that included your client? Ms. Resnik: It's -- again, not a meeting. It was a gathering -- an informal gathering of the neighbors. Commissioner Diaz de la Portilla: So, you're repeating what you were told by your client? Ms. Resnik: Yes, yes. Commissioner Diaz de la Portilla: Okay, you haven't talked -- I just want to make sure we're okay legally. So, there's no conversation with your client and the neighbors? There's nothing given to you in writing or any testimony that says that they're okay with what's happening there? Ms. Resnik: No, Commissioner. No, but I -- Commissioner Diaz de la Portilla: Okay, that's -- Ms. Resnik: -- believe Ms. Dooley can -- Ms. Dooley I know has been in regular contact -- Commissioner Diaz de la Portilla: That's all -- that's all I need to know. Ms. Resnik: -- with some of the neighbors. Commissioner Diaz de la Portilla: That's all I need to know. Thank you. Vice Chair Carollo: Chair. Commissioner Diaz de la Portilla: I know it's been moved. Ms. Mendez: One more -- Vice Chair Carollo: Just -- hold on, just -- Chair King: I just want to make sure that you got everything -- Commissioner Diaz de la Portilla: Has it been seconded? Chair King: Yes, it has. Commissioner Diaz de la Portilla: I'll second it. Commissioner Reyes: No, it hasn 't. Chair King: I just want to make sure that you got everything that you needed to get on the record. City of Miami Page 43 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Vice Chair Carollo: Well, she might need more time, and I'll be happy for this body to listen to it. Ms. Resnik: I think perhaps what I would like the opportunity to do is go back and get these letters of support since you are requesting them because it's my understanding that the neighbors -- again, as Commissioner de la Portilla pointed out, this is what's being told to me by my client, okay. And again, I -- Commissioner Diaz de la Portilla: It's hearsay in other words. Ms. Resnik: Absolutely. Vice Chair Carollo: Yeah, but -- Commissioner Diaz de la Portilla: Okay. Ms. Resnik: It's hearsay upon hearsay. As a trial lawyer -- Commissioner Diaz de la Portilla: Yeah, exactly. Ms. Resnik: -- I can tell you it's -- Commissioner Diaz de la Portilla: I know. Ms. Resnik: -- like triple hearsay, yes. Vice Chair Carollo: Yeah, but now we're jumping from a block party that he went to -- and just because he wasn't tarred and feathered by the neighbors because they're civilized this is trying to be presented -- Ms. Resnik: Well, I -- Vice Chair Carollo: -- as a sign of support which it's not. And then from that, all of a sudden, we're jumping that they're going to get supposedly letters of support. Well, counselor, if you had those letters of support, your client would have given them to you -- Commissioner Diaz de la Portilla: Of course. Vice Chair Carollo: -- to bring here today. Ms. Resnik: Well, as I started to say -- Vice Chair Carollo: And -- Ms. Resnik: -- a moment ago, I am sure Ms. Dooley can confirm for you that the neighbors have been quiet, that they have not been complaining that my client -- listen, when we had the other property, okay, it was immediate -- it was sold as indicated. That property is gone. His intention here is to sell this property as well. Vice Chair Carollo: Yeah, but just because, finally, it appears that he's complying with the law doesn't do away -- Commissioner Reyes: What he did. Vice Chair Carollo: -- everything that he did before. City of Miami Page 44 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Chair King: So -- Ms. Resnik: I think some consideration should be given for that, Commissioner. Chair King: -- I think Mr. Reyes -- Commissioner Reyes would like to say something. Commissioner Reyes: Yes. I want to address that statement, "The neighbors have been quiet." Of course, they've been quiet because he's not renting anymore because he knows that he is now, 1 mean, in danger of having to pay a huge amount of money for what he have done before. I mean, you would have stopped renting too and that's why the neighbors -- the neighbors were not quiet because they -- before he stopped renting, they were really, really, I mean, infringing on their quality of life -- Ms. Resnik: He is -- Commissioner Reyes: -- and destroying it. And now when he stop, there is no need to complain anymore. Ms. Resnik: He has taken this very seriously. Commissioner Reyes: Yes, but he going to take it serious so he don't have to pay more, and I think he's going to be an example to other people that we are not taking it lightly when you go to a neighborhood and you start destroying the quality of life of the neighborhood. I mean, there are consequences. There are consequences because that happen all over the City ofMiami. Chair King: Commissioner Reyes. Commissioner Reyes: It's happening all over. Ms. Resnik: Except I don 't believe -- Chair King: Commissioner -- Ms. Resnik: -- that any -- Chair King: Ma'am, one -- Commissioner Covo. Commissioner Covo: Attorney, how much is this property? Because you said it was - - it was -- Ms. Resnik: I'm sorry. I couldn't hear you. Commissioner Covo: How much is the property? How much is he expecting to sell it for? Ms. Resnik: I can 't tell you -- Commissioner Covo: Or market value. Ms. Resnik: -- what he's expecting to see -- but I'm not sure how that's relevant to the fines to be honest. Commissioner Covo: No, I do think it's relevant. Commissioner Diaz de la Portilla: Really? City of Miami Page 45 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Ms. Resnik: Well, 1 believe, last 1 heard, that it was listed for $14 million. I do not know that any -- there were offers, but in all honesty, these -- this issue has caused a problem with being able to sell the property, so I don't believe that there's any present pending contracts. Commissioner Diaz de la Portilla: But listed for $14 million. Ms. Resnik: That's my understanding. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: He can afford it. Chair King: Attorney -- Ms. Mendez: But any -- so just to be clear, the sale of it or the value of it is not what's relevant here. It's what -- Chair King: No, it is not. Commissioner Diaz de la Portilla: I understand. Chair King: It is the conduct -- Ms. Mendez: Right. Chair King: -- that's relevant. Let's be clear. Ms. Mendez: Thank you. Commissioner Diaz de la Portilla: It's just a -- Chair King: It is not the value of the home. Commissioner Diaz de la Portilla: Well, but it's -- Chair King:: It is the conduct of the owner. It is the nuisance that was put upon -- Commissioner Reyes: The neighbors. Chair King: -- the neighbors repeatedly. They received repeated violations. They knew -- their conduct was intentional because they knew after receiving various fines, after receiving various complaints by the neighbors, they knew that their continued contact was -- conduct was a nuisance and they continued. They didn't care how it affected their neighbors, which is why I said they were bad actors. Is there anything else you'd like to put on the record? Ms. Resnik: No, ma'am. Vice Chair Carollo: Chair. Commissioner Diaz de la Portilla: And Madam Chairwoman, very quickly, I think Commissioner Covo's correct. While, Madam City Attorney, it doesn't matter what the value of what he's listing it for legally, but I think it sort of puts it -- in terms of common sense, it puts it in perspective what the fine is and what the value that he's trying to sell it. City of Miami Page 46 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Commissioner Covo: I was just asking -- Commissioner Diaz de la Portilla: So, not only a had actor -- I think you're correct. Not only a bad actor but a guy, who is almost to the level of you know -- Commissioner Covo: No, I was just asking because maybe -- Commissioner Diaz de la Portilla: -- of egregious behavior -- Commissioner Covo: -- he cannot pay. Commissioner Diaz de la Portilla: -- and not caring about what happened to the quality of life of the neighbors. Commissioner Covo: So, I was just wondering because I was also thinking about the owner and the fact that maybe they're in a position where they couldn't pay, who knows. That's why I'm asking. Commissioner Diaz de la Portilla: Of course, yeah. Ms. Resnik: And Commissioner, I can't answer that. I don't know what mortgages there are. I don't know the liquidity. You know, I can't -- that 1 can't answer for you and that's why -- and I wasn't being -- Chair King: Okay. Ms. Resnik: --flip with you when I said I just don 't think it's relevant -- Chair King: Right. Ms. Resnik: -- because I -- Vice Chair Carollo: Chair. Chair King: And we're -- Ms. Resnik: -- do agree with Commissioner King. It's the conduct; it's not the value of the property. Chair King: -- we're going to -- I'm going to -- I text my neighbor who is the president of the association on Belle Meade Island to ask her are the neighbors in support of an Airbnb -- in support of the Airbnb neighbor. Capital letters, "NO! I never heard of any meeting with neighbors. The house is still being used as an Airbnb." And that's it. Ms. Resnik: Well, again, now that you're having that conduct -- Commissioner Reyes: That's it. Ms. Resnik: -- that contact, I believe I have a right to have additional -- Chair King: You do. Ms. Resnik: -- contact. City of Miami Page 47 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Chair King: So, what I'm going to do is defer this item to allow you to get the letters of support -- Ms. Resnik: Okay. Chair King: -- that you think that -- Commissioner Reyes: Oh, come on. Chair King: -- you can get from the neighbors just so that we have a clean record. Vice Chair Carollo: Yeah. Chair King: One more -- one more Commission meeting isn't going to hurt us. Commissioner Reyes: Madam -- Commissioner Diaz de la Portilla: Madam Chairwoman, it's your district and I'll defer to you and what you desire to do, but you know, you came out saying that you wanted to impose the full fine. I think -- Chair King: And I will. Commissioner Diaz de la Portilla: -- and we -- and we asked the questions that needed to be asked. We got some very important information. I think Commissioner Carollo's correct. If they would have had those letters, I guarantee you, you would have brought them. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: So, now its, just deferral and deferral, and this was a bad actor. By the way, they're still operating the Airbnb there. Commissioner Reyes: Bnb -- I mean -- Commissioner Diaz de la Portilla: So, that back -- Vice Chair Carollo: Hold on. Commissioner Diaz de la Portilla: Let me just finish. Let me finish, Commissioner, please. Ms. Resnik: That's an incorrect statement. They're not -- they're not doing it. Commissioner Diaz de la Portilla: Well, that's what the chairwoman just said. Ms. Resnik: Okay, but that's -- you talked about hearsay, Commissioner. Commissioner Diaz de la Portilla: No, no, no, no. No, it's the chairwoman of the Commission who just got a notice from a neighbor that said that they're still operating. Ms. Resnik: No, but what I'm saying -- Commissioner Diaz de la Portilla: So, of course, it's hearsay but not -- Ms. Resnik: Yes. City of Miami Page 48 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Commissioner Diaz de la Portilla: -- but probably less hearsay than what you stated earlier. Vice Chair Carollo: And Chair. Commissioner Diaz de la Portilla: But that's not the point. Let me finish. If it's impacting the quality of life of the neighborhood right now and it's still operating, every day that passes, that quality of life is impacted. So, if I were to vote independently of you in terms of not taking what you're recommending for your district -- which I will take -- 1 would vote to fine them right now the full amount. That's what I would do. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: And I don't think anything is going to change my mind because I'm -- common sense tells me that there's not going to be any letters, that the impact on the neighborhood continues, and that we keep deferring this where we defer it and we don't settle the problem. This guy could probably -- or girl can probably afford it. He should pay -- has been egre -- has engaged in egregious, egregious behavior, and the person should pay the consequences for that. I think Commissioner Carollo's correct in the sense that if you're a repeat offender, if you keep on doing the bad actions, then you have to pay for it. And to defer (UNINTELLIGIBLE), if you want to do it, I'm with you but only because you want to do it, not because I would do it myself if I -- Vice Chair Carollo: Chair. Chair King: Vice Chair. Commissioner Diaz de la Portilla: -- wasn't deferring. Ms. Mendez: So, if I -- Vice Chair Carollo: Chair. Ms. Mendez: -- if I may. I'm sorry, just a few housekeeping matters. Madam Chair has advised in the past that she has spoken to the neighbors in her Jennings disclosure, and counsel -- or her office has spoken to counsel, so I wanted to clarify that for the record. I also wanted to clarify that it would be appropriate then to let counsel also be able to get any letters of support that she -- Vice Chair Carollo: Well, that was -- Ms. Mendez:: -- may have. Vice Chair Carollo: -- that was not my question because if counselor knew we were having this meeting here today -- Commissioner Reyes: She'd have done it. Vice Chair Carollo: -- or if they had access to getting any letters of support -- Commissioner Reyes: They should (UNINTELLIGIBLE). Vice Chair Carollo: -- they should have brought them today. City of Miami Page 49 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Commissioner Reyes: They should have brought them. Commissioner Diaz de la Portilla: Of course. Vice Chair Carollo: So, on that point, I'm not concerned about because it was her obligation to get her client to give them, if they exist or he could get them, any letter of support. Today, this is a duly advertised meeting. Your client was advised of the meeting, correct? Ms. Resnik: Yes, sir. Yes, sir. Vice Chair Carollo: Otherwise, you wouldn't be here today so -- Ms. Resnik: That's right. Vice Chair Carollo: -- they had ample time for that. Now -- Ms. Resnik: My request is based upon Commissioner King reaching out to a homeowner today. Chair King: Well -- Vice Chair Carollo: Not -- yeah, but -- Chair King: -- well, actually -- Vice Chair Carollo: -- but -- but -- Chair King: -- my reaching out to my neighbor was based on your assertion that the neighbors -- Commissioner Diaz de la Portilla: Of course. Chair King: -- are in -- Commissioner Reyes: That's right. Chair King: -- support of you. And I needed to find out if some -- if the world turned upside down and I was completely wrong -- Ms. Resnik: But again, that wasn't my statement. Vice Chair Carollo: Okay. Ms. Resnik: Ifyou 're -- Chair King: It -- you made the -- Ms. Resnik: -- with all due respect, you're turning my -- Vice Chair Carollo: Chair. Ms. Resnik: -- statement upside down. Chair King: No, I am not turning your statement upside down. You made the statement that the -- Ms. Resnik: I (INAUDIBLE) -- City of Miami Page 50 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Chair King: -- neighbors are in support. They had a meeting, then it was a party. It was a gathering. Commissioner Reyes: And a drink. Chair King: It was a -- I don't know what it was. Ms. Resnik: I can't help it if you're not -- Vice Chair Carollo: Chair. Ms. Resnik: -- if you're not listening to what I'm saying, with all due respect. Chair King: I'm lis -- listen. Ms. Resnik: But I never said they -- Chair King: I'm listening to you and I'm -- Ms. Resnik: -- I never said they were in support. Chair King: Okay. Ms. Resnik: I said that they are all getting along. Vice Chair Carollo: Yeah. Ms. Resnik: That's a far cry. Commissioner Covo: Madam Chair, I have a question. Vice Chair Carollo: I understood -- Commissioner Covo: I have a question. Vice Chair Carollo: -- that part. But Chair. Commissioner Covo: I have a question as well. Vice Chair Carollo: Chair, I had the floor before, if I could finish because I think I could bring this to a quick close. I think I flushed the quail out already. And for those of you that don't understand that, that's a southern saying that I was taught as a young man when they would take me quail hunting up in north Florida. Now, what I'm making my decision on -- and I stated it here even before you read your text from your neighbor. It's not about anything that has happened beyond what was given to us originally today. I don't care -- I'm not basing my decision on your text with the neighbors. I'm basing my decision based upon what our staff has told us has been the history here already. Whether they're still doing rentals there or not, we don't know. We can't make a decision based on that. What I would greatly suggest, since we have the Code Enforcement Director here, is that since he heard that, that we send somebody over there today. But it's got nothing to do with the decision we're making here. Maybe he'll send somebody there and say, "Hey, there's no rental here." So, we can't make a decision on that. And I'm not going -- Chair King: No, I'm not -- City of Miami Page 51 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Vice Chair Carollo: -- and 1 'm not going -- Chair King: --1'm not making my decision based on that. Vice Chair Carollo: -- to make my decision based from that. Chair King: I'm not -- right. I'm not making my decision based on that. Vice Chair Carollo: Yeah, right. Chair King: Merely on the -- Commissioner Reyes: Madam Chair. Chair King: -- facts and the evidence that we have before us -- Vice Chair Carollo: The previous. Chair King: The previous. Commissioner Reyes: Previous. Vice Chair Carollo: Exactly. Chair King: And that's it. Vice Chair Carollo: And that's where -- Chair King: That's it. Vice Chair Carollo: -- I'm going. Now -- Chair King: Commissioner Reyes. Commissioner Reyes: Yes. Vice Chair Carollo: Madam -- no, but I'm not finished. Madam City Attorney -- Commissioner Reyes: You haven't? Vice Chair Carollo: -- you still have not answered my original question. That's the only area here that I need advice -- legal advice on and I'm ready to finish this today. Based upon the statements that our staff gave, counselor made, should we include -- how much did you say the difference was? Ms. Resnik: It was the difference between June and September, which I think Ms. Dooley said was $30,000. Vice Chair Carollo: Yeah, and approximately -- Ms. Dooley: Actually, it's more than that. It's $46,000 because it's really -- it's 92 days. Ms. Mendez: I don't know the facts and -- Commissioner Reyes: That could be deducted. City of Miami Page 52 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Ms. Mendez: -- neither does Ms. Dooley, so Mr. Santos would have to talk about the facts of what the difference is. Vice Chair Carollo: Okay. Let's hear that because that's the only area here that I think is maybe an area of concern. But outside of that, I think everything else is very clear to me and from what I hear is very clear to the rest of this body. Mr. Santos, what -- Robert Santos-Alborna: Good morning, Commissioners. Robert Santos-Alborna, Code Compliance Director. So, to the statement that there is recurring -- so, 1 just want to take a step back and to kind of reiterate the huge difference between recurring violations -- we've had eight violations in the history of this property -- and a repeat - Commissioner Reyes: Eight. Mr. Santos-Alborna: -- and a repeat. Repeat is significantly different, as you know, Commissioner -- Vice Chair Carollo: Sure. Mr. Santos-Alborna: -- because it gets adjudicated. Here, the respondent is advised you cannot do this anymore and, voila, in this case, they went back and did it again. And we -- the counsel talked about life safety. We had complaints in the last event that -- with support evidence that there was drag racing in the street, et cetera, et cetera, and we have the support evidence from law enforcement. So, those are two very egregious issues. As it relates to the compliance date -- Vice Chair Carollo: I agree. Mr. Santos-Alborna: -- as it relates' to the compliance date, I have no objection -- we don't have any support evidence that it did not happen after the date that the -- Madam Attorney is saying. She may have well have been in June 1 that they stopped, so we can readjust that. Lastly, we have absolutely no evidence that, at this point in time, it's happening again. And I'll be more than delighted to go ahead -- Vice Chair Carollo: Okay. Mr. Santos-Alborna: -- and remonitor and go out there. Commissioner Reyes, your point, the neighbors are pleased because it's not happening -- Commissioner Reyes: Absolutely. Mr. Santos-Alborna: -- and they would like very much for them to vacate. Vice Chair Carollo: So, my only question is you have no evidence that from June forward it was still going on. Mr. Santos-Alborna: Correct. Vice Chair Carollo: Okay, so I think with that in the record, the only difference of what I feel we should do here, we should figure out what the amount is between June and September and take that out of the full amount since we have no evidence of that. That's been placed on the record. And my motion would be that minus that, which we cannot prove in a court of law, that we fine them the rest, whatever the amount would be. I think it's going to be -- City of Miami Page 53 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Commissioner Diaz de la Portilla: Forty-six and (UNINTELLIGIBLE). Vice Chair Carollo: -- 200 plus thousand, plus the $5,000. Ms. Dooley: I brought my calculator. Vice Chair Carollo: Yeah, that was done, but if you guys could calculate it right, and I will make a motion on that amount today so this doesn't -- Commissioner Reyes: Madam Chair. Vice Chair Carollo: -- keep extending even more. Commissioner Reyes: Hold on a second. Vice Chair Carollo: And lastly, let me say this. Commissioner, you're lucky that in this particular area of your district, you have people that understand English well, that understand their rights well, that have a Commissioner like you that they could go to and speak to and stand up for their rights. But see, even in many areas of your district, like Little Haiti, certainly' a huge area, if not just about all of Little Havana in my district, huge areas of Commissioner Dias de la Portilla's district, Commissioner Reyes' district, there's a lot of people that don't understand the language well that have no idea what to do, where to go, and they'll make a phone call here and there, but if someone's connected and they just brush it aside or we have employees that, you know, aren't as caring as others, then those people have no one, absolutely no one to protect them unless they have a Commissioner like you, a Commissioner in their district that will stand up for them and be their voice. And this is what I've been fighting for from day one that I got here, examples like this. Thank God that this character is not going on and saying, "Oh, you know, I have a party here, one of those parties was for Commissioner King's opponent and she's targeting me. She's targeting me." And this is the kind of stuff that we, as a body, have a right and must protect our residents, their quality of life, their health and safety. Because if we're not going to do it, then who's going to be out there for them protecting them, especially the most needed. Chair King: Commissioner Reyes. Commissioner Reyes: Yes. I have two questions. First question is what Commissioner Carollo's proposing, that we -- from the alleged time that they have not had any violations which we don't know if they had rented it or not because you didn 't have people there to now, that we will deduct that amount, or we will make a calculation and then it -- the fine will be reduced by that amount. Hold on a second. My question is, are we setting a precedent, or have we -- this has been done before? Because I don't -- in the time that I have been here, we have never done that because we have said, "You are not being in compliance. Now you want to come in compliance. It was since this day to this day to today and that's it. " That's the first one. Ms. Mendez: We've done it -- Commissioner Reyes: And another -- another -- Ms. Mendez: -- we've done it before when there's a -- Commissioner Reyes: Okay. That is my -- Ms. Mendez: -- a discrepancy. City of Miami Page 54 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Commissioner Reyes: -- that was my question. Mr. Santos-Alborna: We have. Commissioner Reyes: That takes care of that. Mr. Santos-Alborna: We have. Commissioner Reyes: Another thing that I want to make perfectly clear because we cannot also set a precedent that a person that had total disregard for their neighbors, total disregard for the quality of life of that neighborhood, a person that was an absentee owner because he didn't live in the house and he was not -- have -- they didn't have to endure what was going on in the neighborhood, now (INAUDIBLE) forever and ever, forever and ever making a lot of money and now wants us to reduce the fine because now he just kissed and make up with the neighbors because he had a drink with them because they met in the middle of the street. And that is not right. We have to set examples here. I mean -- and it is needed that we send a message that we are protecting our neighborhood and those people that I have seen and I have cases in my neighborhood, in Flagami, that homes were used at Airbnb and they were destroyed, and you know that. Mr. Santos-Alborna: Right. Commissioner Reyes: And you know that. They were destroying the neighborhood completely, completely. They were a nuisance. Well, there have to be consequences. You have to know if you break the law, you see -- if you don't want to pay, don't do it, don't do it. If you're caught, you have to pay. It's just like that old saying. You cannot do the time or you cannot pay the fine, don't do the crime, you see. Chair King: Commissioner -- Commissioner Reyes: Don't do it. Chair King: -- Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Thank you, Madam Chairwoman. I believe that we have a motion, Commissioner Carollo, on the floor, so we would have to amend that motion or withdraw that motion first and -- Vice Chair Carollo: Yeah, you're correct. Commissioner Diaz de la Portilla: Would you like to amend it? Vice Chair Carollo: Well -- Commissioner Diaz de la Portilla: So, the total amount -- Vice Chair Carollo: -- but I -- Commissioner Diaz de la Portilla: -- well, let me just phrase it and tell me if it's what you want because I want to make sure -- Mr. Santos-Alborna: Commissioner, what you -- Vice Chair Carollo: What I'd like to -- Commissioner Diaz de la Portilla: Yeah, let me just ask you -- City of Miami Page 55 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Vice Chair Carollo: Yeah, I need one more question because -- Commissioner Diaz de la Portilla: Okay, and then I want to continue. Vice Chair Carollo: -- the -- yeah, the point that Commissioner Reyes made is a good observation. It's a good point. Commissioner Diaz de la Portilla: Yes. Vice Chair Carollo: The only reason that I made this motion in this fashion was because I thought I heard -- if I'm wrong, you tell me -- Counselor, you tell me if I'm wrong -- that they had provided something to the effect in the process that we had that they had provided you with something they would show that they had complied. And we decided not to immediately check into it and wait longer to see if that would happen or not. I -- that's the difference. I'm not sure -- maybe I misunderstood it. If I did, then I'll go with Commissioner King's original motion. Ms. Dooley: At the time, yes, there were emails -- since I know that the director wasn't here at that time -- there were emails sent on that date, and so I do agree with the representation of counsel -- Ms. Resnik: And ifI can -- Ms. Dooley: -- as to that date. Ms. Resnik: -- remind you. I apologize for -- Vice Chair Carollo: But there were emails sent that what? Ms. Resnik: We also provided you with an affidavit. Ms. Dooley: Right, yeah, as of the June 1st date. Commissioner Diaz de la Portilla: So -- Ms. Resnik: Yeah, we provided an affidavit that, as of June 1st, everything -- we had researched it. We had spoken to Airbnb and Vrbo, and we provided an affidavit that we were off those site, everything, as of June 1, 2022. Commissioner Diaz de la Portilla: Madam Chairwoman, whenever I'm -- can I get the floor back? Chair King: Go ahead. Commissioner Diaz de la Portilla: Okay, so I want to be clear. So, now you're saying -- the Administration's saying that it's -- that you accept, in essence, Commissioner Carollo s amendment to the motion on the floor which is that -- to eliminate the 47k, more or less, right, 47 and change between June 1st and September, correct? Mr. Santos-Alborna: Yes, sir. Commissioner Diaz de la Portilla: So, the total -- Mr. Santos-Alborna: So, technic -- City of Miami Page 56 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Commissioner Diaz de la Portilla: Please. Mr. Santos-Alborna: Yeah, go ahead. Commissioner Diaz de la Portilla: The total amount minus $47,000 will be the amendment to Commissioner Carollo 's proposal, right? Ms. Dooley: It's $46,000. Commissioner Reyes: That will be the total fine. Commissioner Diaz de la Portilla: Is that correct, Commissioner Carollo? Vice Chair Carollo: That's what I had placed and only because that's the only nail that they could bring if they went to appeal to a court of law. And I think that, based on what Tin hearing -- Mr. Santos-Alborna: We have it. Vice Chair Carollo: -- you know, we would -- Commissioner Diaz de la Portilla: Okay. Ms. Dooley: It's $46,000 -- Commissioner Diaz de la Portilla: Well, I'm going to get there in a minute -- Ms. Dooley: -- plus $5, 000 -- Commissioner Diaz de la Portilla: -- when Mr. Carollo -- Commissioner Carollo is finished. Vice Chair Carollo: Yeah. Commissioner Diaz de la Portilla: I'm going to get there in a minute because I want to get the exact amount. Vice Chair Carollo: Well, we need the exact amount. Commissioner Diaz de la Portilla: Yeah, the exact to the penny. Mr. Santos-Alborna: If we amend the affidavit of compliance to June 1st -- Commissioner Diaz de la Portilla: Okay. Mr. Santos-Alborna: -- the exact amount is $224,500, plus the $5,000 irreparable. Commissioner Reyes: Okay. Mr. Santos-Alborna: The total amount is $229,500. Commissioner Diaz de la Portilla: Okay, so that will be your amendment to the motion, correct? Vice Chair Carollo: Plus $5,000. Mr. Santos-Alborna: It's in there. City of Miami Page 57 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Commissioner Diaz de la Portilla: That's included. Ms. Resnik: That's included. Commissioner Reyes: That's included. Vice Chair Carollo: Right. Commissioner Diaz de la Portilla: So, it's -- Mr. Santos-Alborna: $229,500. Commissioner Diaz de la Portilla: -- $229,500. Mr. Santos-Alborna: Yes, sir. Vice Chair Carollo: And I want to be -- Commissioner Diaz de la Portilla: And zero cents. Mr. Santos-Alborna: Zero cents. Commissioner Diaz de la Portilla: Okay. Vice Chair Carollo: I want to be clear so that, as Commissioner Reyes says, we don't set a precedent, the only reason we're doing that here is because of the statements that were made -- Commissioner Diaz de la Portilla: Correct. Vice Chair Carollo: -- that they had sent through the process an affidavit of compliance -- Commissioner Reyes: Okay. Vice Chair Carollo: -- letters of compliance, but it was not acted upon by our staff. Commissioner Diaz de la Portilla: Is that correct? Mr. Santos-Alborna: Yes. Commissioner Diaz de la Portilla: Yes? Is that correct? Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Okay. Vice Chair Carollo: So, that's a -- Commissioner Reyes: Okay, let's move it. Vice Chair Carollo: -- big difference, right? Commissioner Diaz de la Portilla: Yes. Vice Chair Carollo: That's not happening today anymore with you here. City of Miami Page 58 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Mr. Santos-Alborna: No, sir. We have no complaints. Vice Chair Carollo: Okay. Mr. Santos-Alborna: You know, our after -hour teams have been doing a very good job, and we've been monitoring, et cetera. We have had no complaints for this property. Commissioner Reyes: But you haven't -- Commissioner Diaz de la Portilla: But you were not here, right? Mr. Santos-Alborna: Well, I've been here since -- Commissioner Diaz de la Portilla: No, but you weren 't the director. Mr. Santos-Alborna: --for now nearly two years and -- Commissioner Diaz de la Portilla: Yeah. Mr. Santos-Alborna: -- and we've been -- and I was present when there was an event where -- with the drag racing and the exotic animals -- Commissioner Diaz de la Portilla: Okay. Mr. Santos-Alborna: -- that they had Fish and Wildlife -- Commissioner Reyes: They (UNINTELLIGIBLE). Mr. Santos-Alborna: -- permits, et cetera, et cetera, so I am aware of all the issues at this property. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: You said exotic animals. There was a tiger? Mr. Santos-Alborna: Yes, sir, there was, and they did have a Fish and Wildlife permit, but it created a lot of ruckus. Commissioner Diaz de la Portilla: We have a lot of work to do today but that's very interesting. I want to sit -- I want you to tell me the tiger story off the record, okay? Mr. Santos-Alborna: Yeah, fair enough. We can remove that. Commissioner Diaz de la Portilla: I want to hear that story. Mr. Santos-Alborna: We can remove it. Chair King: So we have a -- Commissioner Diaz de la Portilla: I'rn sure. Chair King: -- a motion and a second. Vice Chair Carollo: Yeah. City of Miami Page 59 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 RE.4 13617 Office of the City Attorney Commissioner Diaz de la Portilla: As amended. Chair King: As amended. Commissioner Reyes: As amended. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Commissioner Reyes: A tiger. Commissioner Diaz de la Portilla: A tiger. Commissioner Reyes: Wild parties, a tiger. Commissioner Diaz de la Portilla: Don't leave yet, okay. I need some fun in my afternoon. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY, IN LAW OR EQUITY, AGAINST MML TOURING, LLC REGARDING MONIES OWED TO THE CITY PURSUANT TO THE ACCESS AGREEMENT FOR USE OF THE PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA 33149. ENACTMENT NUMBER: R-23-0151 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.4, please see "Public comment, for all item(s) in the agenda" and RE.I. City of Miami Page 60 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 RE.5 RESOLUTION 13677 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE MIAMI-DADE COUNTY ("COUNTY") DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS TO TAKE ANY AND ALL ACTIONS NECESSARY TO CONVERT THE PORTION OF MATILDA STREET BETWEEN OAK AVENUE AND GRAND AVENUE TO PERMANENTLY BE A ONE-WAY STREET HEADING NORTH; REQUESTING THAT THE COUNTY RENDER A FINAL DECISION AS TO THE CITY OF MIAMI'S REQUEST, PURSUANT TO ITS AUTHORITY TO REGULATE TRAFFIC COUNTYWIDE, INCLUDING WITHIN THE CITY OF MIAMI; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE PUBLIC OFFICIALS AND INDIVIDUALS STATED HEREIN. ENACTMENT NUMBER: R-23-0152 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.5, please see "Public comment for all item(s) in the agenda" and RE.I. RE.6 RESOLUTION 13679 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE MIAMI-DADE COUNTY ("COUNTY") DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS TO TAKE ANY AND ALL ACTIONS NECESSARY TO CONVERT SOUTHWEST 9 STREET FROM BRICKELL PLAZA TO SOUTH MIAMI AVENUE TO BE A ONE-WAY STREET HEADING WEST; REQUESTING THAT THE COUNTY RENDER A FINAL DECISION AS TO THE CITY OF MIAMI'S REQUEST, PURSUANT TO ITS AUTHORITY TO REGULATE TRAFFIC COUNTYWIDE, INCLUDING WITHIN THE CITY OF MIAMI; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE PUBLIC OFFICIALS AND INDIVIDUALS STATED HEREIN. ENACTMENT NUMBER: R-23-0153 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.6, please see "Public comment for all item(s) in the agenda" and RE.1. City of Miami Page 61 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 RE.7 RESOLUTION 13687 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION CO - DESIGNATING SOUTHWEST 21 AVENUE BETWEEN SOUTHWEST 4 STREET AND SOUTHWEST 8 STREET, MIAMI, FLORIDA AS "FRANK PEREZ AVENUE" PURSUANT TO SECTION 54-137 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. ENACTMENT NUMBER: R-23-0154 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.7, please see Item Number RE.1. END OF RESOLUTIONS City of Miami Page 62 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 13646 AN ORDINANCE OF THE MIAMI CITY COMMISSION, City Commission AUTHORIZING DEVIATIONS FROM THE STANDARDS FOR "TEMPORARY BANNERS" SET FORTH IN CHAPTER 62/ARTICLE XIII/DIVISION 8 OF THE CODE OF CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/TEMPORARY BANNERS," FOR SUCH PERMITS ISSUED WITHIN A PORTION OF THE CENTRAL BUSINESS DISTRICT FOR DISPLAY IN CONNECTION WITH THE MIAMI FORMULA 1 GRAND PRIX BETWEEN APRIL 15, 2023, AND MAY 15, 2023; ESTABLISHING TERMS AND CONDITIONS IN ORDER TO REGULATE THE ACTIVITIES FOR TEMPORARY BANNERS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14160 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Covo, Reyes Chair King: Which brings us to our second reading ordinances. Commissioner Reyes: Yes. Chair King: Victoria. Commissioner Reyes: Start reading. Chair King: Can you start reading the titles for the record? The Ordinance was read by title into the public record by the City Attorney. Chair King: Do I have a motion for SR.1? Commissioner Diaz de la Portilla: I'll move it. Vice Chair Carollo: Second. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 63 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 END OF SECOND READING ORDINANCES City of Miami Page 64 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 13362 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, Police FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION/IN GENERAL," BY AMENDING SECTION 38-26, TITLED "NAMING OF OFFICER MANUEL GOMEZ MOUNTED PATROL FACILITY AT LUMMUS PARK"; MORE SPECIFICALLY BY RENAMING THE CITY OF MIAMI'S POLICE MOUNTED PATROL FACILITY LOCATED AT 360 NW 3RD STREET, MIAMI, FLORIDA, THE "OFFICER MANUEL GOMEZ MOUNTED FACILITY;" DIRECTING THE CITY MANAGER TO TAKE ALL ADMINISTRATIVE ACTIONS NECESSARY TO EFFECTUATE THE RENAMING OF SAID FACILITY. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Covo, Reyes Chair King: Madam City Attorney, would you please read our FR (First Reading) items into the record? And please note that Commissioner Reyes is a cosponsor on FR.1. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Carollo: Please Clerk, can you -- Mr. Clerk, can you include me as a sponsor there too? Todd B. Hannon (City Clerk): Yes. Vice Chair Carollo: Officer Gomez rode the horse during the time that I was mayor so he's someone that I know and I know that he had a intense love for Miami, for Little Havana, and he provided an excellent service to our city and was great with the tourists and visitors. Commissioner Diaz de la Portilla: I will also like to be included as a cosponsor -- Mr. Hannon: Yes, sir. Commissioner Diaz de la Portilla: -- Mr. Clerk. Thank you. Chair King: Do I have a motion? Vice Chair Carollo: Motion. Chair King: Second? Commissioner Covo: Second. City of Miami Page 65 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Commissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. FR.2 ORDINANCE First Reading 11135 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES," MODIFYING AND PROVIDING FOR ADDITIONAL SAFETY MEASURES AND OTHER REGULATIONS; AND ADDING DIVISION 2 TO PROVIDE FOR THE PERMANENT MOTORIZED SCOOTER PROGRAM; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item FR.2 was continued to the April 27, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number FR.2, please see "Order of the day." END OF FIRST READING ORDINANCES City of Miami Page 66 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 DI.1 13101 Office of the City Clerk DI.2 13463 Department of Finance DI - DISCUSSION ITEMS DISCUSSION ITEM A DISCUSSION REGARDING THE ANNUAL REVIEW OF THE TERMS OF ELECTED OFFICIALS AS MEMBERS OF VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES, AND AGENCIES PURSUANT TO CITY OF MIAMI CODE SECTION 2-35. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing DI.1, please see "Order of the day." DISCUSSION ITEM A DISCUSSION OF THE MIAMI CITY COMMISSION CONCERNING A QUARTERLY REPORT OF EXPENDITURES INCURRED, BUT NOT REIMBURSABLE. rRESULT: DISCUSSED Chair King: We have DI2, Discussion Item 2, quarterly report on non -reimbursable expenses. Vice Chair Carollo: Which one now? Chair King: DI2. Vice Chair Carollo: Oh, DI2. Oh, we jumped to -- Chair King: Discussion Item 2, the quarterly report on non -reimbursable expenses. Vice Chair Carollo: Where did I miss DI --? Oh, here it is, okay. Erica Paschal (Director): Good morning. Erica Paschal, with the City of Miami Finance Department. Chair King: Good morning. Ms. Paschal: DI.2 is a quarterly report of all expenditures incurred but not reimbursable for the quarter ending December 31, 2022, per our financial integrity principles. And I'm happy to report there are no expenditures to report at this time. Vice Chair Carollo: Good. City of Miami Page 67 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Chair King: Thank you. That brings us to our PZ (Planning and Zoning) items. Madam -- Victoria Mendez (City Attorney): Madam Chair, before we go to the PZ items, I just wanted to confirm that RE.6 was captured as amended when we did the southwest to southeast. Vice Chair Carollo: Yes. Commissioner Diaz de la Portilla: Yes. Chair King: Yes. Commissioner Covo: Thank you. END OF DISCUSSION ITEMS City of Miami Page 68 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 BC.1 13499 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Cary Johnson (Term Ending 3/23/2025) Emma L. Ladson (Term Ending 3/23/2025) Samuel H. Latimore (Term Ending 3/23/2025) Vernal Rolle, Jr. (Term Ending 3/23/2025) Mark Stallworth (Term Ending 3/23/2024) ENACTMENT NUMBER: R-23-0134 MOTION TO: RESULT: MOVER: SECONDER: AYES: NOMINATED BY: Commissioner Christine King Commissioner Christine King Commissioner Christine King Commissioner Christine King City Manager Arthur Noriega, V Adopt ADOPTED Joe Carollo, Commissioner Manolo Reyes, Commissioner King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For additional minutes referencing Item Number BC.1, please see "Public comment for all item(s) in the agenda." Chair King: So, actually, we now have our boards and committees. BC 1, the Liberty City Trust. Vice Chair Carollo: If I may, Chairwoman, I'd like to make a motion that will keep all the chairs or Commission representatives as they are now in all the boards. Chair King: We deferred that item. Vice Chair Carollo: We've taken this up fairly late into the year so there's only -- Chair King: We deferred. Vice Chair Carollo: -- about eight more months left. City of Miami Page 69 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Chair King: Right. We deferred that item. Vice Chair Carollo: Oh, we deferred that item? Chair King: We deferred that. Vice Chair Carollo: Oh, okay. Chair King: Indefinitely. Vice Chair Carollo: Alright. Commissioner Reyes: It was deferred indefinitely. Chair King: Indefinitely. Vice Chair Carollo: Okay. Chair King: So, now we're on our boards and committees. Mr. City Clerk. Todd B. Hannon (City Clerk): Thank you, Chair. BC.1, Liberty City Community Revitalization Trust. Chair King will be appointing Cary Johnson, Emma Ladson, Samuel Latimore, and Vernal Rolle. And City Manager Noriega will be appointing Mark Stallworth. Vice Chair Carollo: Move. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Commissioner Diaz de la Portilla: Is that Dorrin Rolle's son? Chair King: No. Commissioner Diaz de la Portilla: No, it's -- okay, alright. Chair King: Motion carries unanimously. END OF BOARDS AND COMMITTEES City of Miami Page 70 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE First Reading 13319 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE PROPERTY(IES) LOCATED AT 39 NORTHWEST 39 STREET, 40 NORTHWEST 39 STREET, AND 48 NORTHWEST 39 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.1 was deferred to the April 13, 2023, City Commission Meeting. City of Miami Page 71 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 PZ.2 ORDINANCE First Reading 13320 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L" SUB -URBAN TRANSECT ZONE — LIMITED TO "T4-L" GENERAL URBAN TRANSECT ZONE - LIMITED OF THE PROPERTY GENERALLY LOCATED AT 39 NORTHWEST 39 STREET, 40 NORTHWEST 39 STREET, AND 48 NORTHWEST 39 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. PZ.3 13576 Department of Planning MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.2 was deferred to the April 13, 2023, City Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN EXCEPTION PURSUANT TO ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO ALLOW AN ATTAINABLE MIXED - INCOME HOUSING DEVELOPMENT TO ABUT A "T3" SUB URBAN TRANSECT ZONE, TO REAL PROPERTY DESIGNATED "T5-O," URBAN CENTER TRANSECT ZONE - OPEN GENERALLY LOCATED AT 2000 NORTHWEST 3 AVENUE, MIAMI, FLORIDA, MORE PARTICULARITY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0156 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Covo, Reyes Note for the Record: For additional minutes referencing Item Number PZ.3, please see "Public comment for all item(s) in the agenda." City of Miami Page 72 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Commissioner Reyes: April 13th only because -- Chair King: So, the only thing left now is PZ.3 and PZ.8. Do I have a motion? Commissioner Diaz de la Portilla: I'll move PZ.3 and PZ.8. Chair King: Second? Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: And this concludes the City of Miami Commission meeting for March 23rd, 2023. Thank you all for coming. PZ.4 ORDINANCE Second Reading 13317 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R" GENERAL URBAN TRANSECT ZONE — RESTRICTED TO "T5-R" URBAN CENTER TRANSECT ZONE — RESTRICTED FOR THE PROPERTY LOCATED AT APPROXIMATELY 2170 NORTHWEST FLAGLER TERRACE, MIAMI, FLORIDA, AND FROM "T6-8-O" URBAN CORE TRANSECT ZONE — OPEN TO "T6-8-L" URBAN CORE TRANSECT ZONE — LIMITED FOR THE PROPERTY LOCATED AT APPROXIMATELY 45 NORTHWEST 22 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.4 was continued to the April 27, 2023, City Commission Meeting. City of Miami Page 73 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 PZ.5 13450 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RELEASE OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PROPERTY GENERALLY LOCATED AT 1775 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.5 was continued to the April 27, 2023, City Commission Meeting. Note for the Record: For minutes referring to Item Number PZ.5, please see "Order of the day." PZ.6 ORDINANCE First Reading 13542 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Department of Planning MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 3700 SOUTHWEST 28 STREET AND 2810, 2814, 2816, 2818, 2824 AND 2828 SOUTHWEST 37 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referring to Item Number PZ.6, please see "Order of the day." City of Miami Page 74 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 PZ.7 ORDINANCE First Reading 13543 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O," URBAN CENTER TRANSECT ZONE — OPEN, TO "T6-8-O," URBAN CORE TRANSECT ZONE -OPEN, OF THE PROPERTIES LOCATED AT APPROXIMATELY 3700 SOUTHWEST 28 STREET AND 2810, 2814, 2816, 2818, 2824, 2828 SOUTHWEST 37 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referring to Item Number PZ.7, please see "Order of the day." PZ.8 ORDINANCE First Reading 13540 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE"), BY AMENDING ARTICLE 5, SECTION 5.6.2 OF THE MIAMI 21 CODE, TITLED "SPECIFIC TO ZONES/BUILDING CONFIGURATIONS (T6)"; AND ILLUSTRATION 5.6, TITLED "URBAN CORE TRANSECT ZONES", TO ALLOW ADDITIONAL FLEXIBILITIES IN OFFICE AND COMMERCIAL FLOORPLATE AREA ABOVE THE EIGHTH FLOOR; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For additional minutes referencing Item Number PZ.8, please see Item Number PZ.3. Chair King: Madam City Attorney, would you please read the remaining PZ (Planning and Zoning) items into the record? City of Miami Page 75 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 PZ.9 13541 Commissioners and Mayor - PZ Victoria Mendez (City Attorney): Okay, PZ.3. PZ.3 is a resolution, so 1 don 't have to read that one. Then I believe PZ.8 -- Chair King: 8, 9, and 10. Commissioner Diaz de la Portilla: 8, 9, and 10. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez.: PZ.9. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.10. The Ordinance was read by title into the public record by the City Attorney. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 1, SECTION 1.1 TITLED "DEFINITIONS/DEFINITIONS OF BUILDING FUNCTION: USES"; SECTION 1.2 TITLED "DEFINITIONS OF TERMS"; ARTICLE 3, SECTION 3.4 TITLED "GENERAL TO ZONES/DENSITY AND INTENSITY CALCULATIONS"; ARTICLE 4, TABLE 3 TITLED "STANDARDS AND TABLES/BUILDING FUNCTION: USES"; TABLE 4, TITLED "DENSITY, INTENSITY AND PARKING"; ARTICLE 6, TABLE 13 TITLED "SUPPLEMENTAL REGULATIONS"; AND ARTICLE 7, SECTION 7.2, TITLED "PROCEDURES AND NONCONFORMITIES/NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS," TO ALLOW AND ESTABLISH DEFINITIONS AND REGULATIONS FOR CO -LIVING RESIDENTIAL USES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Covo, Reyes Note for the Record: Item PZ.9 was deferred to the April 13, 2023, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number PZ.9, please see Item Number PZ.8. Commissioner Reyes: Madam Chair, I have a question on PZ.9 that why it's called co -living, which is a new name for dorms, you see. I mean, they are reinventing the dorms that we have at every single university. You mentioned parking and they are going to keep the reduction in parking in this or we are going to request that they provide the amount of parking that is required? Because I know that if we do a reduction in parking, you see, people are going to be parking all over because there is City of Miami Page 76 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 a fact that although we pray that people don't use their cars and they become pedestrians and bicycle and cyclists and they use a nonexistent mass transit that we have in Dade County, by reducing traffic, we are creating problems for the neighborhood. And also, I'm afraid -- that's one thing that I am afraid that now we have -- we limit this to a certain geographic area, but I'm afraid that this is going to be -- become popular and they will try to force us into accepting them in different areas and I don't want that. And I know that none -- I don't think that other Commissioners want that type of building that they have, four people -- six people living to an apartment and calling co -living and they don't have a place to park and we allow them to be --1 mean, give them that density and the amount of people living in that apartment and bringing so many people to -- close to the neighborhood. I mean, I am -- I still have my doubts about this. 1 have a lot of doubts about it, and I believe that this is -- this could be detrimental to single family -- any neighborhood or close to single-family homes and even places that you have duplexes and all that, you see. Chair King: Let's have the director weigh in on that. Commissioner Reyes: Yes. Lakisha Hull (Director, Planning): Good morning, sir. For clarification, this legislation applies to four overlays in the City. So, they're in areas that have mode transportation options. But to your original question, right now, it's requesting a half a parking space per unit. So, that's basically less than what's required today, so it would be one per unit, sir, in those areas that would be applicable. So, that would be in the transect T5, T6, and Civic and also in the D transect. Commissioner Reyes: I cannot in a clear conscience -- and you know the way that I have always been. I have been always demanding the amount of parking that every, apartment should have by code and I don 't believe in reduction of parking because I have seen it -- you just go to -- around the School Board buildings and all those construction that had so much reduction on parking. People are parking in the sidewalks, and it is a mess. It is a mess. So, I -- in a clear conscience, I cannot vote for this -- Vice Chair Carollo: Yeah. Commissioner Reyes: -- unless some modifications are made. Commissioner Diaz de la Portilla: Madam Chairwoman, it's four areas in the City of Miami, correct? Can you tell me what those four areas are? I know where they are but can you put on the record what they are -- Ms. Hull: Yes, sir. Commissioner Diaz de la Portilla: -- where they are. Ms. Hull: So, it would be in NRD-1 and 2, which is located in District 5, Urban Central Business District, which is located in District 5 and 2 and also in District 3, and then it would also fall in the Health District, which is primarily in District 1. Commissioner Diaz de la Portilla: Correct. So, give me exact addresses more or less. What avenue and what street? Ms. Hull: For purposes of avenues and boundaries, so the NRD-1 and 2 would be south of 195 and that it would start to end around Northwest 21st Terrace. City of Miami Page 77 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Commissioner Diaz de la Portilla: Well, it can't be south of 1-95. It could be east or west. Ms. Hull: 395, I'm sorry. Commissioner Diaz de la Portilla: Oh, 395, okay. Ms. Hull: Yes. Commissioner Diaz de la Portilla: Alright, so again, tell me, 395 -- Ms. Hull: Yes, it's south of 395 -- Commissioner Diaz de la Portilla: Okay. Ms. Hull: -- and then it's east of I-95, sir, for NRD-1 and 2. Commissioner Diaz de la Portilla: So, east of I-95. Ms. Hull: Yes, sir. Commissioner Diaz de la Portilla: Okay, the second one. Ms. Hull: The second one, the Health District would be south of Northwest 21st Terrace. Commissioner Diaz de la Portilla: That one I know. The third one? Ms. Hull: The third one would be the Urban Central Business District, which is also south of Northwest 21st Terrace. It would go all the way over to I-95, so that would be the western boundary that it would end, and then it goes all the way down south to primarily Southwest 11 th Street. Commissioner Diaz de la Portilla: Southwest 11 th Street. Ms. Hull: Yes, sir. Commissioner Diaz de la Portilla: And what transportation corridors are available there for that one, for number three? Ms. Hull: So, with the Urban Central Business District, there is the People Mover, sir, that's currently at fixed stations. Primarily, there's a lot of transit in regards to buses. Commissioner Diaz de la Portilla: Is that one east of 95? Ms. Hull: The People Mover? Commissioner Diaz de la Portilla: I know where the People Mover is. Is that (UNINTELLIGIBLE) east of 95? Ms. Hull: The district -- Commissioner Diaz de la Portilla: Obviously, right? Chair King: Yes. City of Miami Page 78 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Ms. Hull: Yes. Commissioner Diaz de la Portilla: Yeah, 1 just want it for the record so we understand that we're not doing this in the entire city. Ms. Hull: Exactly. Commissioner Diaz de la Portilla: And I concur with Commissioner Reyes. I have the same issue. In fact, I was dealing with a constituent yesterday that has the same parking issue. The current requirements are limited, and that's why we have a lot of affordable housing units that don't have places Jrothe nurses and the healthcare workers or the family to visit, and they have no place to park. The MPA (Miami Parking Authority) -- your former agency, Mr. Manager -- is putting meters all over the place in front of -these low-income housing units so the people -- Commissioner Reyes: And valet too. Commissioner Diaz de la Portilla: -- the healthcare workers -- this is happening in all of our districts. The healthcare workers that are going there that make $12 an hour have to pay a meter now to be able to visit their -- the elderly resident that needs care, medical care. So, in essence, this is a problem in marry parts of our city, but this issue, Commissioner Reyes, does not really impact those areas. This is really near transit corridors and transportation options that are available and that's why I'm supporting it. Because I think that -- I agree with you because I -- yesterday and last week, I had the same issue with two different buildings that people cannot park. And by the way, on top of that, the other issue that we have -- just to make the point -- is that someone called a towing company, and a towing company comes in and they tow these people, so they're afraid to go because they're going to get towed, so they get hit with a $200 bill. All they 're doing is providing healthcare to our seniors so that's the -- I understand your concern. I have a lot of seniors. I have 17 low-income housing units in my district. I'm almost done, Commissioner. Commissioner Reyes: No, no, no. I'm telling her. Commissioner Diaz de la Portilla: So, in essence, I understand your concern. It only impacts these four areas. Tell me the fourth area for the record that we're talking about and then we'll -- I'll end my questioning. Ms. Hull: So, for the record again, sir, it's in NRD-1, NRD-2, University Central -- Commissioner Diaz de la Portilla: No, no, you did the first three. Do the fourth -- Ms. Hull: The fourth one -- Commissioner Diaz de la Portilla: -- the boundaries, yeah. Ms. Hull: So, the boundaries for the Health District -- so we covered that one, sir. Commissioner Diaz de la Portilla: Yes. Ms. Hull: The Urban Central Business District, we covered that one, sir. And then the NRD-1, NRD-2, that's the four combined, sir. Commissioner Diaz de la Portilla: Oh, so you combined them. Ms. Hull: Yes, sir. City of Miami Page 79 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Commissioner Diaz de la Portilla: Okay, 1 understand. Thank you. Chair King: Okay, Commissioner Covo. Commissioner Covo: And I want -- I wanted to add to that, Commissioner Reyes, the situation with the shared, I would say, dorms or whatever we want to call them is that we have a lot of people that are actually coexisting in properties, and they do it illegally. So, I think that for the urban core where people can use transportation, this could be a solution for the lack of housing that we have. Of course, it has to be in the right areas, and it has to be in areas where people are even sharing cars. They're carpooling. And I think most of the people that are going to live in those type of properties are probably young professionals or employees that cannot live in City of Miami. Commissioner Reyes: Okay. Madam -- Chair King: And I can -- wait, let me -- I can add to that because this affects my district. And one of the projects that we're going to be having coining on board is with the Bakehouse Art Complex. Our artists are extremely low income, and this co - living is going to be a gamechanger -- Commissioner Reyes: Oh, yeah. Chair King: -- for them. It is going to be a gamechanger. And there's not going to -- they are progressive. They use our pedestrian -- they use our mass transit. They take advantage of -- Commissioner Diaz de la Portilla: You 're not really helping your argument too much (UNINTELLIGIBLE). Chair King: No, no, but for the parking -- for the parking because, unfortunately, there's so many people that are living in my district that need this co -living -- Commissioner Reyes: Okay. Chair King: -- because they can't afford the astronomical rents that are asked so they have to share. Commissioner Diaz de la Portilla: And the Health District is another good example. Chair King: And the Health District, yeah. So, this is going to be -- Commissioner Diaz de la Portilla: So, it's not artists in the Health District. Chair King: -- a good -- right. Commissioner Diaz de la Portilla: But it is healthcare workers, nurses. Commissioner Reyes: Okay, now it's my turn. Now, it's my turn. Chair King: Go ahead, Commissioner Reyes. Commissioner Reyes. Commissioner Reyes: Now, it's my turn. No, I asked for it. Okay, you see, let me say this. I mean, Madani Chair, because I am concerned about this, you call the people that live there progressive. I am regressive then? Chair King: No, no, no, no, no, no, no, no, no, no, no. But they walk -- City of Miami Page 80 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Commissioner Reyes: Madam Chair -- Chair King: -- their (UNINTELLIGIBLE) -- Commissioner Reyes: -- you know, let me make my point. Let me make my point. Let me make my point. I believe that in certain areas, certain areas, for example, close to Miami -Dade College, in your district, close to University of Miami, we have students that they are going to go there. But I believe that we are dreaming to think that everybody that is going to use those apartments, they will be using mass transit. If we had a decent -- not a decent, an existing mass transit system, 1 will agree with you 100 percent. And those people -- it doesn't matter if you are next in my -- to Metrorail. If you work in Doral, you need a car to go to work there. If you work -- I mean, definitely you need a car, or any other place. You live in Kendall, you need it. So, what I want to do -- and I -- no, I don 't want to, I mean, kill this because I see that you guys, you ask -- I mean, you going to vote for it. But I want to make sure that this is the only area that this co -living are going to be allowed. Because my fear is that once we vote in favor of this, anybody could come and ask for the same right, the same right, or they will take us to court and we will have to change for them the zoning for - - so they will be capable of building some co -living in Flagami or in Liber -- I mean, Little Havana, in areas just because a bus route passes by, just because we have routes in 8th Street. I mean, I'm afraid that they will demand the right to build in 8th Street because we have a route -- a bus route in 8th Street, or in Flagler because they have it, or in 27th Avenue, you see. That's -- if we can -- going to do this, I want Madam City Attorney to prepare legislation that it is going to be there and only there that they cannot proliferate any other area of the City. They could be built in Coconut Grove very easily, very easily. You have a bus route, you see, whatever -- when you -- when they talk about a transit system, it is anything, anything that carries people, you see. You know what I mean? You understand my fear? I mean, are you sure that they cannot come to 8th Street or 27th Avenue or 17th Avenue or Flagler or whatever and ask for -- I mean, demand, demand because they will demand that we give them the same zoning privilege that they have in this area? Victoria Mendez (City Attorney): So, right now it's only allowed in four areas. Commissioner Reyes: Right now. Ms. Mendez.: Unless you change it in the future. Commissioner Reyes: They'll change it in the future, and that's what's going to happen. When we get all those progressive people -- because I'm regressive -- sitting in here, they going to do it all over the town. Commissioner Covo: Madam Chair. Chair King: Wait, Vice Chair Carollo would like to say something. Vice Chair Carollo: Thank you. Now that you've all have kind of put your two cents into it, I'd like to put my one. Commissioner Reyes: I want ten cent from you. Vice Chair Carollo: This is something that both Commissioner Reyes and I have been very verbal on on different times. And his concern is my, concern but even more so because somewhere in there I heard District 3, and I want to see an actual map. I want to be able to go through what areas of my district this is going to affect. Because I will tell you, with the exception of maybe, maybe -- and I'll say it the third City of Miami Page 81 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 time -- maybe a sliver of my district that's the West Brickell side, the rest of nay district is going to he affected bigtime if we take parking away. And to what Commissioner Reyes said, just because you have a trolley or a bus, that's not real transportation in Miami. So, what has been happening is that since in the past before I got here again there were some changes made that I think we readjusted them not long ago, you had smaller developers come in and build with no -- basically no requirement for parking. Anybody that feels differently from what Commissioner Reyes stated and what I'm stating now, I invite you, go Little Havana, practically any neighborhood of Little Havana at night, and you're going to see what we're talking about. There's no parking because it starts back in the `20s, the `30s, in commissions that were here that kept approving these cookie cutter places. They were three stories, small little rooms, 20-plus to 30, or sometimes more in a three-story building with no parking. Rarely did you have any parking. And then you combine it with all the additional buildings that some get through, again, with no parking. And you know what, the working people, the blue-collar people that live in those areas, they need a car because in a county that's as large and widespread as this that has such a horrible form of transportation, just because a bus or a trolley is going to go by 8th Street or 7th Street doesn't mean that, "Oh, my god, you got public transportation. You don't need a car." Baloney. You need a car, and we all know that, in a place like Miami. Somewhat of a difference, if you're here in 27th, 37th, and US -I, where you got Metrorail that goes right by. At least it gets you up to Dockland. It gets you through Brickell, Downtown, and Downtown, you could get the People Mover. It will bring you even to a part of Hialeah. Now, if you work in those areas, yeah, absolutely, then that works if you're connected or right close by to a Metrorail station. But if you're going to sell me the bus -- the bus or trolleys is not the form of transportation that would truly require people not to have or give the opportunity to people not to have a car. Sadly, people need cars here and we don't have parking. This is one of the areas that I've been speaking to the Manager since he was the executive director of Off -Street Parking. I keep speaking to him and to the new executive director there. We need to come up with parking in Little Havana because the residents need it, but the businesses need them. Even now, without any growth, the employees of the business don't have anywhere to park. They're parking in the neighborhoods, so they're taking the spots away from people in neighborhoods, and that's not even including when people come -- whether it's in the daytime, in the evening. You have special events. There's nowhere to park, and it's a real, real problem. So, in this item, I'm going to ask that -- if we could just defer to the next meeting because I need to be really straight on my district on what is there. And I might have to ask, depending what I'm shown, for that area, whatever it covers in my district, to be reconsidered. Chair King: I -- Commissioner Reyes: If you move for a deferral, I second. Chair King: Well, I don't want to defer it because we have -- Commissioner Diaz de la Portilla: Well -- Chair King: -- in my district some projects coming on board that needs this. And let me just say also, sadly, not everyone can afford a car, and that is what I am facing in my district. Not everyone can afford a car. Everyone can't travel -- although our transit system isn't the best -- and I know -- I know, but we -- I have constituents that have to rely on that transit system. I have to speak to the folks with the trolley system. I met with some seniors yesterday, and they advised me that the trolley doesn't run on schedule, but they depend on that trolley to get them back and forth to the grocery and the pharmacy, and there are segments of our community, like my district, that must rely on -- City of Miami Page 82 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Vice Chair Carollo: Chairwoman, I -- Chair King: -- public transportation -- Vice Chair Carollo: -- want to help you. Chair King: -- and rideshares. Vice Chair Carollo: I want to help you, like I know that you seen that I've done since you've come here. I would just like then for the area in District 3 to be taken out. Commissioner Diaz de la Portilla: You're corning to me? I like that, I like that. Chair King: And then Commissioner Covo, and then I'd like to hear -- I'd first like to hear from the Zoning Director. Commissioner Diaz de la Portilla: Well, I'm going to go there because I think Commissioner Carollo has a point. So, let me ask -- Chair King: Okay. Commissioner Diaz de la Portilla: And I'll be brief And I think this really falls squarely on the Administration because, obviously, in the district that I represent, District 1, the Health District, that makes a lot of sense, right? Vice Chair Carollo: Of course. Commissioner Diaz de la Portilla: For the nurses and the -- Vice Chair Carollo: And you got Metrorail that goes right through there, yeah. Commissioner Diaz de la Portilla: And I got Metrorail right there, so that makes sense. But it falls squarely on the Administration because this is what you provided us. You provided us a map of the City of Miami, and you have little dots, instead of providing individual maps for every district so that everybody can see specifically -- it's described in here one by one, but the map itself if you look at the map, it says the City of Miami and little points. So, you don't know the boundaries, north, south, east, west, and you should have prepared the Commissioners with the specific maps so we know -- even the Health District map, which is the -- what we call the Health District, that area doesn't give us what avenue, what street. So, this lack of information and there are Commissioners that are impacted, and Commissioner Carollo is concerned because -- and he's correct because, in my district, I have the same parking issue, probably more than Commissioner Reyes and probably equal to you in terms of affordable housing, a little bit more than Commissioner Reyes, but much more for us, where people are complaining on a weekly basis, if not every other day, on the parking situation. So, I'm very sensitive to that. I appear to be a swing vote today because the part of my district that's included is good for me and it's good for the people that I represent. Vice Chair Carollo: Is it you -- Commissioner Diaz de la Portilla: It's good for nurses. Vice Chair Carollo: -- or is it Commissioner Covo's the swing vote? City of Miami Page 83 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Commissioner Diaz de la Portilla: No, Commissioner. I think it's 2-2. If I could read body language and face language -- if such exists --1 can tell it's 2-2 or 3-2. So, to me, 1-- but I concur with you, Commissioner Carollo and Commissioner Reyes that you 're correct. A more specific map, if you want to carve out some areas, like we did with scooters and other things along the way, if it makes sense, if it creates undue burden and traffic congestion and five cars parked in front of a house, which I've seen, you know, and it's a reality that people are not -- Miami is a car city. It remains a car city. This is not New York; it's not Chicago. This is a car city. People use cars to go four blocks or three blocks. In New York, they'll walk 15, 20 blocks, okay, or 2 blocks, you know, because of heat, and for whatever reason, the culture. So, in essence, I think it's better, Madam Chairwoman -- Vice Chair Carollo: The weather, the weather. Commissioner Diaz de la Portilla: The weather, of course. I will -- hut New York has heat waves and people still walk 20 blocks, but those are New Yorkers. They don't really count. So, I think that a map for every Commission district -- well, I don 't mind if they come to Miami. Just leave your politics behind, right, kind of thing. But anyway, but if we provide maps of all the five -- the four areas to every Commissioner that way everybody can be, you know, satisfied that they know what they're doing and -- me included. I want to know what boundaries are included in what -- how you define the Health District. There's expansion of the Health District taking place right now, so I want to make sure that that makes sense. 1 think Commissioner Carollo and Reyes are correct in the sense that they have a right to look at their district and how it's impacted. I don't think your district is impacted at all, Commissioner -- Commissioner Reyes: No, no (INAUDIBLE). Commissioner Diaz de la Portilla: -- Reyes, but I know Commissioner Carollo 's is. Commissioner Reyes: Let me answer -- let me answer that. Chair King: Wait, wait, wait, wait, wait, wait, wait because Commissioner -- Commissioner Diaz de la Portilla: No, no, let me finish. I'm done. Commissioner Reyes: No, no. Chair King: -- Covo wants -- Commissioner Covo: It's my turn -- Commissioner Reyes: It's not impacted. Commissioner Diaz de la Portilla: No, hold on. It's her turn -- Commissioner Covo: -- Commissioner Reyes. Commissioner Diaz de la Portilla: -- but I'm not done yet. Commissioner Reyes: No, no, it is not impacted. Chair King: -- Commissioner Covo wants to speak. Commissioner Reyes: I am just saying -- Chair King: Right, right. City of Miami Page 84 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Commissioner Reyes: -- yes, it is not impacted, but 1 am concerned about the future of this. Vice Chair Carollo: Yeah. Commissioner Diaz de la Portilla: Right, right. Chair King: Okay. Commissioner Covo: But as for the future -- Commissioner Reyes: You see, and how much it's going to affect -- Commissioner Diaz de la Portilla: Oh, yeah. Chair King: Right. Commissioner Covo: -- as for the future, I think that it's important that we see that the real magic in Miami is that we are so diverse that we're going to have to learn how to legislate for different areas because the needs of our district are not the same. My district is impacted by a lot of parking situations. But parts of my district are going to be without parking because we also need the affordable component. Commissioner Diaz de la Portilla: Of course. Commissioner Covo: And what concerns me is that we have houses where six and seven people are living already illegally, and like I mentioned before, maybe that amount of people that are living illegally, in a house that can only holds four, I've seen even seven people in an apartment. One time I found a family in Edgewater, six people in an apartment. So, what I'm thinking is that parking reduction is going to come because the City grew vertical. We just need to make sure that -- to your point, Commissioner Carollo and Reyes, we need to make sure that this is not going to be for all of the city. So, we do have an issue -- Commissioner Reyes: That's what I'm saying. Commissioner Covo: -- with the amount of cars and the bad transit system that we have. Commissioner Diaz de la Portilla: But I -- I'm sorry, Commissioner. Are you done? Commissioner Covo: I'm done. Commissioner Diaz de la Portilla: Okay, because I didn't finish. I'm going to finish now. I think that every Commissioner should have the boundaries of their -- I'll repeat it, and for that reason, I'm going to move that we defer the item to the next meeting and everybody, has a chance to look at it. And if they want to carve out areas in Commissioner Carollo and their district -- and I may want to carve out parts of what they're doing for my -- in my district. I know in your area, you're in agreement with most of -- Commissioner Covo: I have a (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: -- your area is going to fall under that because you have People Mover and everything else. But it's a lot of areas in Coconut Grove, for example, in your district that may not want this. City of Miami Page 85 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Commissioner Covo: Workers in Coconut Grove are also in need, like Commissioner Reyes mentioned, of transportation. But I've also heard parts of the community saying, "Okay, maybe we can live in the district and work in the district." Because that's the other issue. People don't want to -- Commissioner Reyes: That'd be the ideal. Commissioner Covo: -- people don't want to drive two hours -- Commissioner Reyes: That 'd be the ideal but it's not like that. Commissioner Covo: -- to work in the City of Miami. They need to sit in traffic. So, that's a different situation. Again, we're changing. Chair King: So -- Commissioner Diaz de la Portilla: And that's insightful, and you could find -- Chair King: Right. Commissioner Diaz de la Portilla: -- that balance with -- Chair King: So, I have a motion? Commissioner Diaz de la Portilla: Wait, hold on a second. You know, it's not even lunchtime yet. Commissioner Reyes: The man is expressing himself. Commissioner Diaz de la Portilla: The lunch -- Commissioner Reyes: Let him express himself Commissioner Diaz de la Portilla: Let me express myself Chair King: I'm a quick -- Commissioner Diaz de la Portilla: I know. Chair King: I get it quickly; I get it quickly. Commissioner Diaz de la Portilla: But I'm waiting for my lunch to arrive at 12. I didn't know -- I don't want Commissioner Covo to get used to the fact that meetings end before lunchtime. This does not happen here. Today is an anomaly so you understand. Commissioner Covo: I would be super happy, and my daughter woke up at 4 in the morning. Commissioner Diaz de la Portilla: So, what I'll do is I'll move to defer to the next meeting. Commissioner Reyes: I second. Chair King: To the next meeting. City of Miami Page 86 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: So, PZ.9 has been deferred to the April 13th meeting. PZ.10 ORDINANCE First Reading 12838 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of Zoning ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (MIAMI 21 CODE"), BY AMENDING ARTICLE 7 OF THE MIAMI 21 CODE, TITLED "PROCEDURES AND NONCONFORMITIES," TO PROVIDE FOR THE ISSUANCE OF CERTIFICATES OF USE IN CERTAIN LIMITED INSTANCES WHERE A PROPERTY OR BUILDING ON A PROPERTY IS SUBJECT TO PENDING CODE COMPLIANCE OR BUILDING VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Covo, Reyes Note for the Record: Item PZ.10 was deferred to the April 13, 2023, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number PZ.IO, please see Item Number PZ.8. Chair King: Do I have a motion to pass --? Commissioner Reyes: I move it, 8 and 10. Commissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. Vice Chair Carollo: 10, I'd like to defer also. This is not quite clear, and I know, Mr. Manager, that on Tuesday I was not available, for reasons you know, to be able to meet with staff and yourself: But 10, I really wanted to understand it and see what changes you're really going to make here, so I'd like to defer 10. Chair King: So, do I have a motion to defer PZ.10? Commissioner Diaz de la Portilla: I'll move to -- Vice Chair Carollo: It's a motion. Commissioner Diaz de la Portilla: -- defer PZ.10. City of Miami Page 87 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 Vice Chair Carollo: Yeah. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): And again, that is to April 13th. Chair King: To April 13th, yes. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 88 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 FL - FUTURE LEGISLATION FL.1 13539 Department of Planning FL.2 12861 Department of Planning ORDINANCE THIS ITEM CANNOT BE CONSIDERED ON 1ST READING SINCE IT WAS NOT ADVERTISED. AN ORDINANCE AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 7, SECTION 7.1.3.7, TITLED "NO APPROVAL AVAILABLE IF CODE ENFORCEMENT VIOLATIONS," TO PROVIDE CLARIFICATION ON THE CIRCUMSTANCES IN WHICH AN APPLICATION SHALL NOT BE SCHEDULED FOR A PUBLIC HEARING NOR ANY APPROVALS BE ISSUED BY THE CITY OF MIAMI ("CITY") IF THE PROPERTY SUBJECT TO THE HEARING OR REQUEST HAS OPEN VIOLATION(S) AND/OR OWES MONIES TO THE CITY AND TO PROVIDE CONSISTENCY WITH SECTION 2-208 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE RESULT: NO ACTION TAKEN ORDINANCE THIS ITEM CANNOT BE CONSIDERED ON 1ST READING SINCE IT WAS NOT ADVERTISED. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 5 OF THE MIAMI 21 CODE, TITLED "SPECIFIC TO ZONES," MORE SPECIFICALLY BY AMENDING SECTION 5.5.1 TITLED "BUILDING DISPOSITION (T5)," AND SECTION 5.6.1 TITLED "BUILDING DISPOSTION (T6)," TO CLARIFY THE LOCATION AND DESIGN OF REQUIRED CROSS - BLOCK PASSAGES AND ALLOW FOR A CIVIC SPACE TYPE TO BE PROVIDED IN LIEU OF A CROSS -BLOCK PASSAGES IN SPECIFIED CIRCUMSTANCES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN City of Miami Page 89 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 FL.3 13645 City Manager's Office ORDINANCE THIS ITEM CANNOT BE CONSIDERED ON 1ST READING SINCE IT WAS NOT ADVERTISED. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 31/ARTICLE II/SECTION 31-51 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR)/FOOD TRUCKS OPERATING ON PRIVATE LAND," TO PROVIDE FOR PERMANENT FOOD TRUCK ORDINANCE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. rRESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 90 Printed on 04/26/2023 City Commission Marked Agenda March 23, 2023 NA.1 13740 Office of the City Clerk ADJOURNMENT NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE RESIDENCY REQUIREMENT BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO AGUSTIN BARRERA AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD. ENACTMENT NUMBER: R-23-0135 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Covo, Reyes Todd B. Hannon (City Clerk): And Chair, I have one non -agenda item -- Chair King: Yes. Mr. Hannon: -- for the Urban Development Review Board. Commissioner Reyes was requesting a four -fifths residency waiver pursuant to City Code Section 2-884(b) for Augustin Barrera, who was appointed to the board on January 26, 2023. Commissioner Diaz de la Portilla: I'll move it. Chair King: Second. Commissioner Covo: Second. Vice Chair Carollo: What board is that? Mr. Hannon: Urban Development Review Board, sir. Vice Chair Carollo: Okay. Commissioner Reyes: That's right. Chair King: It's been moved and second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Mr. Hannon: Thank you, Chair. The meeting adjourned at 11:41 a.m. City of Miami Page 91 Printed on 04/26/2023