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HomeMy WebLinkAboutCC 2023-06-08 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, June 8, 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 Meeting Minutes June 8, 2023 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 8th day of June 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 9:31 a.m. and adjourned at 11:17 a.m. Note for the Record: Commissioner Covo entered the Commission chambers at 9:33 a.m., and Commissioner Diaz de la Portilla entered the Commission chambers at 10:04 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: Welcome to the City of Miami City Commission meeting of June 8, 2023. At this time, I am going to introduce Pastor Roundtree, who is going to bless us with prayer this morning. Invocation delivered. Chair King: Thank you, Pastor. Pledge of allegiance delivered. Chair King: You may be seated. PR - PRESENTATIONS AND PROCLAMATIONS PR.1 14133 PROTOCOL ITEM Honoree Presenter Protocol Item Robert Guerrero Mayor and Commissioners Proclamation RESULT: PRESENTED 1) Mayor Suarez and Commissioners presented a Proclamation to Mr. Robert Guerrero. Mr. Guerrero served as the Editor in Chief for Downtown News Miami. Downtown News Miami has been the source for information of community, business and government news and information for the Downtown area for many years. Elected Officials paused in their deliberations to pay tribute and recognize efforts and leadership while thanking him for elevating the quality of life with information and community outreach to its residents in the City of Miami. Chair King: At this time, I believe Commissioner Covo has some presentations. City of Miami Page 1 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Commissioner Covo: Thank you, Madam Chair. Presentations made. PUBLIC COMMENTS FOR ALL ITEM(S) Chair King: And at this time we will begin our public comment. If there's anyone that like -- would like to speak on any item that is on our agenda today, please step up to the podiums. Public comment period has begun. Seeing none -- okay. Good morning. Oscar Ascanio: Good morning, good morning. Sorry. Here, here? Okay. Good morning. My name is Oscar Ascanio. I want to apologize a little bit because of my English, if you under -- don 't understand that much. Chair King: (Comments in Spanish not translated.) Mr. Ascanio: Okay, thank you. I'm a father of two kids. I'm a business owner and property owner. I'm a legal immigrant. I came to this city seven years ago. It is clear for us, the residents of the City of Miami, the many opportunities that this district has to offer. It is very clear for us, the business owners, taxpayers, what this district also requires to comply. What it seems to us not very clear is when we talk about the enforcement of the law. The brick and mortar businesses are looking forward to follow the rules and regulations in all aspects all the time. In my personal experience, I try to comply in every single item that the law requires a business to keep working. We the resident taxpayers respect our great government entities and highly appreciate your service. Now, I want to talk about a disrespect of the law in our districts. There is a new type of businesses and illegal practices of mobile vendors called smoke shop (UNINTELLIGIBLE) operating in the City of Miami. These vehicles are selling unregulated products including tobacco and vaping products to underage kids in public spaces while ignoring the safety guidelines and City rules. As a concerned citizen, I have witnessed these mobile vehicles operating in public parks, other areas frequented by minors, without regard their safety or well- being. These vehicles sells more than just vape products. I completely assure, and I even have proof, that they are selling drugs all around our districts. I urge the City of Miami, the Miami Police Department, to take immediate action against these mobile smoke shop vans and to ensure that they are following the regulations and safety guidelines set by the City. Chair King: Thank you. Mr. Ascanio: You're welcome. Chair King: Thank you. (COMMENTS MADE OFF THE RECORD) Chair King: It's on second reading today. Vice Chair Carollo: Mr. Manager, could you have someone from the police department speak to this gentleman before he leaves so they could get his information and he could provide whatever information he has that could help our police. Thank you, sir. We're very grateful to you. Arthur Noriega (City Manager): Absolutely. City of Miami Page 2 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Mr. Ascanio: Thank you, sir. Vice Chair Carollo: And you 're very right in what you said. Mr. Ascanio: Thank you. Chair King: Good morning, Elvis. Mr. Ascanio: Thank you, sir. Chair King: Sir? Mr. Ascanio: Me? Chair King: No, no, no, no. Mr. Ascanio: Oh, him. Chair King: Sir, good morning. No, he 's waiting for a presentation to load Good morning. How are you? Thomas Kennedy: Good, good. Thank you. My name is Thomas Kennedy. I live in 2307 Southwest 10th Street, Miami, Florida, 33135. I am a resident of the City. So, good morning. I'm here to speak on Items PH3 and RE. 8, both sponsored by the Mayor, who again is not here, who's asking the City to grant some form of preferential treatment. One asks for a no -bid $300,000 contract from the City and the other is for special privileges to waive temporary event limitations on a particular property. So, in light of the recent revelations in the Miami Herald that the Mayor has been secretly paid to push the agenda of private special interests in the City, I would ask that the Commission not move forward on any item sponsored by the Mayor that provides special benefits, financial or otherwise, until such time as the Mayor appears before this Commission and the public to represent that he has no private business arrangements with any of the entities or individuals involved in each and every item. In order to restore faith in this government so that the people know you are truly working in the best interest of the public and not the Mayor's private clients, the Commission should actually require the Mayor to sign an affidavit under the penalty of perjury for each of his items on every agenda explicitly stating that he's not being personally paid to lobby the City or push through their agenda before you vote on them. I also want to speak on the disorderly conduct item. I think it's way too broad. I think it's an assault on free speech, and I think it should be killed. I think you should shoot it down. And also, I do want to say I think Commissioner Joe Carollo should resign. I think you're a criminal and shame on you. Thank you. Chair King: Thank you. Good morning, Elvis. Elvis Cruz: Good morning, Commissioners. Elvis Cruz. I'm here speaking on PH2 and PZ.2. These two items have to do with renewing a bad covenant of a project which is right up against the Morningside Historic District. There's several problems with this project. First, they were given an unprecedented upzoning of a parcel of single-family zoned land in the Morningside Historic District upzoned to commercial T4-L. That parcel was supposed to revert back to T3-R if the project was not built in two years. That was nine years ago and it's still a vacant lot. Second, even though Miami 21 requires setbacks on all street frontages on all transects from single-family homes to 80-story high-rises, this project was given side street setback waivers on both sides of 55th Street and 55th Terrace. So, they want to build right up to the sidewalk, even though every other property on the east side of Biscayne Boulevard abutting Morningside, from 50th to 60th Streets, has at least a 10 foot setback. Third, City of Miami Page 3 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 they were given permission to build a pedestrian bridge across 55th Street, even though it's a dead-end street with no through traffic. Fourth, rooftop parties until midnight. They are given permission on paragraph C of page 6 to have rooftop parties until midnight. And lastly, they may have been given a reduction in the on -site parking requirements. So, I am asking that the covenant be amended so they must comply with Miami 21 regarding no setback waivers, no on -site parking reduction, and please no rooftop parties allowed. This is immediately next door to the single- family homes of the Morningside Historic District. Thank you. Chair King: Thank you. Good morning. Albert Gomez: Good morning. Albert Gomez, 3566 Vista Court. I am here for RE.1, RE.4, and DL1. RE.1, I saw it's a great resilience grant. I'm glad Commissioner Reyes is supporting it as well and sponsoring it. One thing I would say is that when we get grants like this, I would love to see if we put a little more detail on the activities on what can be defined as, let's say infrastructure, work, and maintenance. More and more, we need to start to apply maintenance based on our flooding concerns and what we know we need to do with new guidelines from the South Florida Water Management District and the EPA (Environmental Protection Agency). So I would really like to see if we put a little more clarity on that and really focus on getting and securing some maintenance budget on these resilience grants. And then secondly to RE.4, which speaks to -- similar to what the scavenger vessel had, I believe Texas is getting the contract this time, I think it should be an augment. It shouldn't be an as -as, you know, like just another contract. It should be above and beyond the existing contracts, past contracts. We have a trash epidemic. It's a disaster right now. I welcome you right now after the flood event to go to any storm drain and look at what's inside it. Literally, they are piled with trash. And then the DI.1, just one final statement, which is fiscal responsibility is really important to me, and we used to do litigation reports and we stopped posting them after 2020. I'm wondering where that is and if we are going to continue to do litigation reports because I think it's important for the public to see the liabilities that the City has as a part of their fiscal audits. So, I noticed that it's no longer showing on the website and I'm wondering if those reports are still ongoing. Chair King: Thank you. Good morning. James Torres: Good morning, Chairwoman, Vice Chair, Commissioners. My name is James Torres, and I'm the President of the DNA (Downtown Neighborhood Alliance) for Downtown. I'd like to briefly speak on RE.11 for the resolution of the annual -- the First Annual Miami River Parade. Hopefully that will pass today. Maybe Commissioner Covo or yourself could sponsor that as a second. And also, the concern would be that we make sure the chief of police has the adequate resources along the Miami River for things that are going to be happening there during that event. Thank you very much. Chair King: Thank you. Good morning. Luimar Zibetti Garza: Good morning. Luimar Zibetti Garza, homeless at Peacock Park. I am a 100 percent full frontal Trump supporting lesbian. These are the real colors of our flag. You flying that abomination of a flag outside with the brown, black, lavender, and pink colors is your acquiescence to accepting degenerates and encouraging pedophiles, child abusers, and groomers to perfect their craft in Miami. Shame on you. The veterans get one day of visibility, and you decide that these pedos are worth one month of recognition. City of Miami, take that flag down. Finally, Javier Suarez and Eddy Leal, come out, come out, wherever you are. Thank you. Chair King: Good morning. City of Miami Page 4 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Ulysee Kemp: Good morning, Commissioners. The letter that I handed out was support from Buena Vista East Historic District, and they're actually recommending that the Commissioners deny PZ.5 and PZ.6. And also, we have submitted over a dozen of residents that signed a petition saying that they're in denial of this and they're residents that live on the block, they're residents that live very close to the block, and we have an intervenor as well as an attorney that's actually asking that this be denied and not approved. Basically, this is not something that the Commissioners I don't think would normally approve, even with the signed petitions from dozens of residents and an intervenor. This just doesn't seem to be right. And you know, this is something that the former Commissioner, Mr. Watson's wife, which is Carmen Ramos Watson, and the Commissioner, and also the associate of Carmen, which is an associate of her brother, they're all pushing to get this approved, and it's all like one big family issue, and along with the developers and the attorneys, to approve something that really should not be approved in this district, and it should not be intruding into the public neighborhood. And before we 've had protection from this with Miami 21, and this is something that was, even with previous meetings and previous developers trying to intervene into the neighborhood, we've had protection from this type of activity. I know my time is up. Thank you. Chair King: Thank you. Mr. Kemp: And we're requesting that you deny something that really should never have been approved. Chair King: Thank you. Good morning. Alvin Smith: Good morning. My name is Alvin Smith. I live at 52 Northwest 39th Street, which is my mom's home, which she's been there since '68. Alzheimer's, she's used to the community being the way it is. She knows the area the way it is. And I'm asking that we keep our community the way it is. Please don 't make any changes. We love our community the way it is. Thank you. Chair King: Good morning. Christi Tasker: Good morning. My name is Christi Tasker. I live at 150 Southeast 25th Road. I am also a candidate for District 2 Commission against Ms. Covo. I would respectfully ask that you guys please consider reversing the Morningside Park. Seven years is entirely too long to continue the same continuances that you have. A nine-year period is far too long. When it comes to sound and noise, we need to be very mindful of that because it can happen in your neighborhoods as well. And when it comes to noise in general, we need to be very respectful. Same with downtown, whenever we're doing anything there. Setbacks and waivers, we don 't get that property back. You guys need to really think about that and whenever you have the opportunity to reclaim and get more walking space back, it is absolutely critical. We have broken sidewalks, we have broken things throughout the City, and people have elected all of you at this very moment in time to do the right thing and to regain your public's trust. In that, in saying public's trust, Mr. Carollo, we respectfully ask that you step down, that you immediately give over the trust of the parks for Bayfront Park to the district Commissioner in that area. Thank you very much. Chair King: Thank you. Good morning. Gena Veilard: Good morning. Good morning. My name is Gena Veilard. I'm here on -- my name is Gena Veilard. I'm here on behalf of Buena Vista West on 39th Street, upzoning changes. I am here to speak in reference to it. It seems like it's been an ongoing issue for years and years and years. Growing up in the neighborhood, City of Miami Page 5 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 ORDER OF THE DAY I've seen so many things, witnessed so much. And all I'm asking is that denial for upzoning on 39th Street. I love changes. I love everything that's happening. But I think that, you know, whatever is happening should be able to be built or done within the zone that's existing zoning. And like I said, it's so many things been happening. And Miami 21, it seems like it's useless. I don't know what's going on. But I'm asking for denial. Thank you. Chair King: Thank you. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street. In reference of the RE.2, about the mitigations, we are always concerned about the residents understanding what is the new resolution and the charter means. And the reason I'm asking about giving a little bit more information in general to the public is for them to understand what it means, the new charter that you guys as a Commissioner approve. What it means to have more than 271 days with the violations. What did that means to them to pay the different amounts of the new charter that you guys have established means to them? We see residents coming to the Board of Code Enforcement and they don 't understand that the Board do not have any power to do any mitigations for commercials. The only we can do for them is residential, homestead residentials only. And sometimes the lack of information is what makes a lot of people do more mistakes sometimes than they want. So, please, I don't know how the City of Miami can give more information to the residents in order for them to understand this. And we have several of you approved new items, for example, the one for the landscaping. Most landscaping doesn't have an idea that they need a new license or a new permit. So I'm just asking how that we are going to be able to communicate better with the citizens who resides in the City of Miami for them to understand the new rules that the City is implementing. It's very nice to have rules, but people have to know that they have to follow. So, that will be the only thing I support for SR.2, to have order in the park. Everything can be always on order. Thank you. Chair King: Thank you. This will conclude the public comment period. Thank you. Chair King: At this time, we will have a statement read for the record by the City Attorney's Office. George Wysong (Deputy City Attorney): Thank you. Welcome to the City of Miami City Commission meeting of June 8, 2023 in these historic chambers. Procedures for public comment will be explained by -- oh, sorry, I'm reading your part. Detailed information about the processes, order of business, rules of procedure and scheduling or rescheduling of City Commission meetings can be found in Chapter 2, Article 2 of the City Code, a copy of which is available online at www.municode.com. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and comply with the related City requirements 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 the Code section about lobbyists is available in the City Clerk's Office or online at www.municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this City Code section is available at the Office of the City clerk or online at www.municode.com. The City of Miami requires that anyone requesting action by the City of Miami Page 6 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 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 2-330 and (g) of the City Code, the agenda and the materials for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at www.miamigov.com. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission unless modified by the Chair. Public comment will begin at approximately 9 a.m. and remain open until public comment is closed by the chairperson. Members of the public wishing to address the body may do so by submitting written comments via the online comment form. Please visit www.miamigov.com/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been and will be distributed to the elected officials, their staff and City Administration throughout the day so that the elected officials may consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to the elected officials, their staff, and the City Administration up until the chairperson closes public comment. Public comment may also be provided live at City Hall located at 3500 Pan America Drive, Miami, Florida, subject to and -- to any and all City rules as they may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must first state 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 notes the City Clerk. The City has provided different public comment methods to indicate, among other things, the public's support, opposition, or neutrality on the items and topics to be discussed at the City Commission meeting in compliance with Section 286.0114(4)(C), Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting. Please note Commissioners have generally been briefed by staff in the City Attorney's Office on items on the agenda today. Anyone wishing a verbatim record of any item considered at this meeting may request it at the Office of Communications or view it online at www.miamigov.com. Planning and Zoning items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance. Parties for any PZ (Planning and Zoning) items including any applicant, appellant, appellee, City staff and any person recognized by the decision -making body as a qualified intervenor, as well as the applicant's representatives and any experts testifying on behalf of the applicant, appellant, or appellee may be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice 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 and 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 recommendations that they have. Please silence all cell phones and other noise making devices. This meeting can be viewed live on Miami TV, miamigov.com/tv, the City's Facebook page, the City's Twitter page, and City YouTube channel, and Comcast Channel 77. The broadcast will also have closed captioning. Pursuant -- thank you, Madam Chair. City of Miami Page 7 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Chair King: Thank you, Mr. City Attorney. Mr. City Clerk, would you please read your statement for the record? 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 explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for Planning and Zoning items and/or quasi-judicial items. Commissioners, are you comfortable with all the notice provisions set forth in these uniform rules and procedures we have established for this meeting? Chair, may I administer the oath for the Planning and Zoning items? Chair King: Please. Mr. Hannon: Thank you, Chair. Good morning, ladies and gentlemen. If you will be speaking on any of today's Planning and Zoning items, may I please have you stand and raise your right hand? The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair King: Thank you, Mr. City Clerk. Mr. City Manager, do you have any items that are going to be withdrawn or deferred from the agenda? 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: RE.5, to be deferred to the June 22nd meeting; and RE.7, to be deferred to the June 22nd meeting. And that concludes all the items. Chair King: Mr. City Manager, I have some items that I would like to defer. PZ.3, PZ.4, PZ. 7, and PZ.8 to the second meeting in July. Vice Chair Carollo: Say it again, Madam Chair. Chair King: PZ.3, PZ.4, PZ. 7, and PZ.8. Mr. Noriega: So, to confirm, the July 27th meeting? Chair King: Correct. Mr. Vice Chair, do you have any items that you would like to withdraw or defer? Vice Chair Carollo: I do not at this time. (COMMENTS MADE OFF THE RECORD) Chair King: Okay, okay, sure. Commissioner Covo: So, no deferrals, but I do want to co-sponsor RE.9, and I no longer want to sponsor -- it's a second reading -- SR.2 because I'm not clear about the language, Mr. Manager, it's too broad. And disorderly conduct could be also part of free speech, so I'm concerned, so I just won't. Thank you. City of Miami Page 8 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Chair King: And Commissioner Reyes, would you like to -- do you have any items that you 'd like to pull or --? Commissioner Reyes: No, no. Chair King: Okay. At this time, may I have a motion to set the agenda? (COMMENTS MADE OFF THE RECORD) Chair King: Do I have a second? Commissioner Covo: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: The agenda has been set. Todd B. Hannon (City Clerk): And Chair, just for -- during the order of the day, Commissioner Reyes would like to be shown as a sponsor for RE.1. Chair King: And I believe District 3 has a pocket item. (COMMENTS MADE OFF THE RECORD) Chair King: Okay, so -- Victoria Mendez (Ci); Attorney): Madam Chair, I could read the title. Chair King: For the pocket item? Ms. Mendez: Yes. Chair King: Would you please? Ms. Mendez: Thank you, Madam Chair. A resolution of the Miami City Commission to initiate conflict resolution procedures of Chapter 160 Florida Statutes prior to initiating any court proceedings to resolve a conflict between the City of Miami and Miami -Dade County regarding restricting cut -through vehicular traffic at Southwest 14th Avenue, Southwest 16th Avenue, Southwest 16th Court, at south -- intersection of Southwest 22nd Street, and Southwest 23rd Street at east intersection of Southwest 17th Avenue. Thank you. Chair King: Thank you, Madam City Attorney. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: City of Miami Page 9 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 AM.1 City Commission - City Commission Meeting - Apr 13, 2023 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: At this time, I'd like a motion to approve the minutes from the previous Commission meeting. Commissioner Diaz de la Portilla: I'll move it. Commissioner Reyes: Move it. Chair King: Second. All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): And Chair, this is from the April 13th. Commissioner Diaz de la Portilla: From April 13th. Chair King: For the April 13th Commission meeting. The motion carried unanimously. Thank you, everyone. 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 10 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda CA.1 13941 Department of Police MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO APPROVE THE AUDIT OF SIX (6) CIVILIAN POSITIONS WITH A FISCAL IMPACT ESTIMATED IN THE RANGE OF $38,000 TO $200,000 (ONE YEAR) AND $9,500 TO $50,000 FOR THREE MONTHS (JULY TO SEPTEMBER), OF THE CITY OF MIAMI'S ("CITY") POLICE DEPARTMENT ("MPD") CONSISTING OF ONE (1) VACANT GRANTS FINANCIAL ANALYST POSITION TO A BUDGET AND FINANCIAL SUPPORT ADVISOR TO MONITOR, AUDIT, REVIEW AND ANALYZE THE PROGRAMMATIC AND FINANCIAL COMPONENTS REQUIRED IN REPORTING FOR STATE AND FEDERAL GRANTS AWARDED TO THE MPD; ONE (1) VACANT CLERK I POSITION TO AN ADMINISTRATIVE CLERK TO BE RESPONSIBLE FOR THE MAINTENANCE OF COMPLEX RECORDS, RESEARCH, VERIFICATION AND CORRECTION DATA, PREPARATION OF REPORTS AND MAINTENANCE OF MID -LEVEL PERSONNEL OR ADMINISTRATIVE FUNCTIONS, TO INCLUDE COORDINATING AND RESPONDING TO PUBLIC RECORDS REQUESTS OF PERSONNEL FILES; ONE (1) VACANT CLERK II POSITION TO AN ADMINISTRATIVE AIDE I TO BE RESPONSIBLE FOR ADMINISTRATIVE AND TECHNICAL FUNCTIONS, ENSURING INFORMATION AND DOCUMENTATION ARE DISTRIBUTED, TRACKED, PROCESSED, AND IMPLEMENTED AS INSTRUCTED BY THE UNIT COMMANDER OR DESIGNEE; TWO (2) VACANT TYPIST CLERK III POSITIONS TO TWO (2) ADMINISTRATIVE AIDE I TO BE RESPONSIBLE FOR ADMINISTRATIVE AND TECHNICAL FUNCTIONS, ENSURING INFORMATION AND DOCUMENTATION ARE DISTRIBUTED, TRACKED, PROCESSED, AND IMPLEMENTED AS INSTRUCTED BY THE UNIT COMMANDER OR DESIGNEE; ONE (1) FILLED ADMINISTRATIVE AIDE I POSITION TO AN ADMINISTRATIVE AIDE II TO FULFILL THE REVIEW OF SAID POSITION AS THE INCUMBENT EMPLOYEE IS CONSISTENTLY PERFORMING THE JOB DUTIES AND FUNCTIONS CONGRUENT WITH THE SCOPE, NATURE OF WORK AND ESSENTIAL FUNCTIONS OF AN ADMINISTRATIVE AIDE II, AS REQUIRED PURSUANT TO RESOLUTION NO. R-21-0402 ADOPTED SEPTEMBER 23, 2021 AND RESOLUTION NO. R-21-0408 ADOPTED OCTOBER 1, 2021; AUTHORIZING THE CITY MANAGER TO MAKE ANY NECESSARY CHANGES TO ADJUST, AMEND, AND APPROPRIATE THE FISCAL YEAR 2022-2023 OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN REGARDING CITY SERVICES AND RESOURCES AS NECESSARY, LEGALLY ALLOWED, AND APPLICABLE IN ORDER TO AUDIT AND CREATE SAID POSITIONS FOR THE MPD; RATIFYING, City of Miami Page 11 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0257 This matter was ADOPTED on the Consent Agenda. Chair King: May I have a motion for CA.1? Vice Chair Carollo: Move. Commissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? Todd B. Hannon (City Clerk): I'm sorry, Chair. I didn't hear who the mover -- I heard the second. I didn't hear the mover. I heard the -- Chair King: Commissioner Carollo. Mr. Hannon: Sorry, just for the record, CA.1 passed, 5-0. Chair King: All of -- yes. CA.1 passed 5-0, unanimous. END OF CONSENT AGENDA City of Miami Page 12 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 PH - PUBLIC HEARINGS PH.1 RESOLUTION 14026 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, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI- DADE COUNTY ("COUNTY") FOR THE USE OF APPROXIMATELY FOUR HUNDRED SEVENTY-ONE SQUARE FEET (471 SQFT) OF OFFICE SPACE IN THE CITY -OWNED PROPERTY LOCATED AT 970 SOUTHWEST 1ST STREET, MIAMI, FLORIDA, KNOWN AS THE MANUEL ARTIME COMMUNITY CENTER, FOR A PERIOD OF TWO (2) YEARS, WITH TWO (2) OPTIONS TO RENEW FOR SUBSEQUENT TWO (2) YEAR PERIODS AT A MONTHLY RENTAL FEE OF EIGHT THOUSAND TWENTY-ONE DOLLARS AND THIRTEEN CENTS ($8,021.13) ($96,253.56 ANNUALLY) IN THE FIRST YEAR WITH A THREE PERCENT (3%) INCREASE FOR EACH SUBSEQUENT YEAR; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, NON -SUBSTANTIVE 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 CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0258 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: May I have a motion for PH 1, 2, and 3? Commissioner Diaz de la Portilla: I'll move them. Commissioner Covo: I'll second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. May I have --? Todd B. Hannon (City Clerk): I'm sorry, Chair. That was for PH.1 through PH3? Chair King: Correct. City of Miami Page 13 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Commissioner Diaz de la Portilla: Yes. PH.2 RESOLUTION 13971 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AERIAL EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ROSA 55 MORNINGSIDE LLC, FOR A PEDESTRIAN BRIDGE OVER AND ACROSS THE CITY OF MIAMI'S RIGHT-OF-WAY KNOWN AS NORTHEAST 55 STREET BETWEEN 5445 BISCAYNE BOULEVARD AND 5501 BISCAYNE BOULEVARD MIAMI, FLORIDA, PURSUANT TO SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH CERTAIN USER FEES REQUIRED; MAKING FINDINGS; REQUIRING A COVENANT RUNNING WITH THE LAND; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE GRANTING OF THE EASEMENT; APPROVING AND AUTHORIZING THE RECORDATION OF THE EASEMENT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. MOTION TO: Adopt RESULT: ADOPTED BUT RECONSIDERED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes PH.2 RESOLUTION 13971 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AERIAL EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ROSA 55 MORNINGSIDE LLC, FOR A PEDESTRIAN BRIDGE OVER AND ACROSS THE CITY OF MIAMI'S RIGHT-OF-WAY KNOWN AS NORTHEAST 55 STREET BETWEEN 5445 BISCAYNE BOULEVARD AND 5501 BISCAYNE BOULEVARD MIAMI, FLORIDA, PURSUANT TO SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH CERTAIN USER FEES REQUIRED; MAKING FINDINGS; REQUIRING A COVENANT RUNNING WITH THE LAND; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE GRANTING OF THE EASEMENT; APPROVING AND AUTHORIZING THE RECORDATION OF THE EASEMENT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes City of Miami Page 14 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 PH.2 RESOLUTION 13971 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AERIAL EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ROSA 55 MORNINGSIDE LLC, FOR A PEDESTRIAN BRIDGE OVER AND ACROSS THE CITY OF MIAMI'S RIGHT-OF-WAY KNOWN AS NORTHEAST 55 STREET BETWEEN 5445 BISCAYNE BOULEVARD AND 5501 BISCAYNE BOULEVARD MIAMI, FLORIDA, PURSUANT TO SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH CERTAIN USER FEES REQUIRED; MAKING FINDINGS; REQUIRING A COVENANT RUNNING WITH THE LAND; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE GRANTING OF THE EASEMENT; APPROVING AND AUTHORIZING THE RECORDATION OF THE EASEMENT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item PH.2 was continued to the July 13, 2023, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number PH.2, please see "Public Comments for all Item(s)," and Item Number PH1. Victoria Mendez (City Attorney): Commissioners, really quick, on PH.2, was tied to this item, which is the actual bridge itself and we -- ifpossible, could we --? Commissioner Diaz de la Portilla: We could move to defer that too? Ms. Mendez: No, no, we passed it. Commissioner Diaz de la Portilla: So, reconsider it? Ms. Mendez: Right. If we could reconsider it because I wanted to make -- Commissioner Diaz de la Portilla: I reconsider PH.2. Ms. Mendez: -- sure that this covenant is tied to that resolution and we didn 't do that. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: I move to reconsider. Commissioner Reyes: I second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Victoria, would you please read --? City of Miami Page 15 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Commissioner Diaz de la Portilla: Now, I move -- no, we have to move to defer now, right? Chair King: Oh. Commissioner Diaz de la Portilla: Now I move to defer to July 13th. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Commissioner Reyes: Okay. PH.3 RESOLUTION 14062 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF FUNDS FROM THE OFFICE OF THE CITY MANAGER'S VENTURE MIAMI INITIATIVE ACCOUNT NO. 00001.150009.882000.0000.00000 IN AN AMOUNT NOT TO EXCEED THREE HUNDRED THOUSAND DOLLARS ($300,000.00) TO INIT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION ("INIT"), TO ASSIST WITH THE ESTABLISHMENT OF A MIAMI CHAPTER WHICH WILL EXPAND INIT'S SIGNATURE EXPERIMENTAL LEARNING AND CAREER DEVELOPMENT PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, INCLUDING EXTENSIONS, RENEWALS AND MODIFICATIONS, ALL FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSE STATED HEREIN. ENACTMENT NUMBER: R-23-0259 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PH.3, please see Item Number PH.1. City of Miami Page 16 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 END OF PUBLIC HEARINGS City of Miami Page 17 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 RE - RESOLUTIONS RE.1 RESOLUTION 13867 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT, BUDGET, ALLOCATE, AND APPROPRIATE FUNDS FROM FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") RESILIENT FLORIDA GRANT PROGRAM FOR 2023 - 2024 IN AN AMOUNT NOT TO EXCEED NINE MILLION ONE HUNDRED FORTY NINE THOUSAND ONE HUNDRED NINETY SEVEN DOLLARS AND ZERO CENTS ($9,149,197.00) ("GRANT FUNDS") AS SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, FOR FLOODING AND RESILIENCE ACTIVITIES ("PURPOSE"); ESTABLISHING A NEW CAPITAL FUND PROJECT AND APPROPRIATING THE GRANT FUNDS FOR THE PURPOSE STATED HEREIN; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE OF THE GRANT FUNDS, ADMINISTRATION AND IMPLEMENTATION OF AND COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0261 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 additional minutes referencing Item Number RE.1, please see "Order of the Day," and "Public Comments for all Item(s)." Chair King: May I have a motion for RE.1 and 4 --1, 4, 6, 8, 9, 10, 11, 12? Commissioner Covo: Madam Chair, I need to pull RE.8, for an amendment in change of language. Chair King: Okay. Commissioner Covo: And so if we can leave that one out, please. (COMMENTS MADE OFF THE RECORD) Chair King: Okay. I asked you guys if you wanted to pull anything. Commissioner Diaz de la Portilla: RE.4. Commissioner Reyes: RE.4. City of Miami Page 18 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Chair King: You want to pull RE.4? Commissioner Reyes: Yeah. Chair King: Okay, I'm going to hold on to RE.4. Commissioner Covo: And RE.8. Chair King: And RE.8. Commissioner Diaz de la Portilla: RE.8. Commissioner Reyes: RE.8. Chair King: RE8, you just want to add an amendment? Commissioner Covo: So, it's an amendment of language. I have it here. Chair King: So we can pass it as amended? Commissioner Diaz de la Portilla: Well, it depends what the amendment is. Chair King: I mean if you -- Commissioner Diaz de la Portilla: It doesn 'twork that way. Chair King: Well, what 's the --? Commissioner Reyes: I want to hear the amendment. Commissioner Diaz de la Portilla: Yeah, yeah. Chair King: Of course. Commissioner Diaz de la Portilla: It's got a little detail there, you know. Chair King: Once the amendment is read into the record. Would you like to have the City Attorney read into the record for RE.8? Commissioner Covo: Yeah, I have it. Chair King: The proposed amendment? Victoria Mendez (City Attorney): On RE.8, the changes are in the whereas clause where it says the event site shall not have any helicopter activity and/or usage occurring at any time. So, that is the change on that whereas clause. And then Section 3 is added, a new Section 3, which says there shall be no helicopter takeoffs, landings, or parking operations on or above any part of the property. Any instance of helicopter takeoffs, landings, or parking operations on or above any part of the property will render the temporary event permit null and void. So, those are the changes. Chair King: Madam City Attorney, could you please pass that out -- Commissioner Diaz de la Portilla: Yes. Chair King: -- for our colleagues so we can each read it separately? So -- City of Miami Page 19 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Commissioner Diaz de la Portilla: Is it possible to hold it for a little bit later -- Chair King: Yes. Commissioner Diaz de la Portilla: -- so we can read it? Chair King: Yes, give us some time to digest it. Commissioner Diaz de la Portilla: Yes. Chair King: So, I'm asking for a reso -- I'm asking for a motion to pass RE.1 -- Vice Chair Carollo: Move. Commissioner Reyes: Second. Commissioner Diaz de la Portilla: Only RE1 ? Only RE1 ? Chair King: Well, they said move and second. Commissioner Diaz de la Portilla: I know. You finish. Commissioner Reyes: Okay, well -- Chair King: So, wait, wait. Commissioner Reyes: -- I thought -- Chair King: No, no. Commissioner Reyes: -- you made a pause. Commissioner Diaz de la Portilla: You're the one -- Chair King: I know. Commissioner Diaz de la Portilla: -- you 're the one that wanted a quick meeting. Chair King: RE (Resolution) -- a motion for RE.1, RE.6, RE. 7, 9, 10, 11, 12. Commissioner Reyes: Seven. Commissioner Diaz de la Portilla: I'll move it. Todd B. Hannon (City Clerk): Chair, RE.12 is to be amended. Arthur Noriega (City Manager): Wait. Commissioner Reyes: RE.7 was -- Mr. Noriega: Not RE. 7, yeah, it was deferred. Commissioner Reyes: It was deferred. Unidentified Speaker: Correct. City of Miami Page 20 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Chair King: I didn't say RE.7. Did I say RE.7? Mr. Noriega: Yeah, RE.7. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Yeah, RE.7 was deferred. That's the -- Commissioner Reyes: It was deferred. Chair King: Okay, RE.12 has to be amended? Commissioner Reyes: No. Mr. Hannon: Yes, RE.12 is to be amended on the floor -- Commissioner Reyes: Okay. Mr. Hannon: -- to -- Chair King: So, I'm going to hold -- Mr. Hannon: -- clam the recipient. Chair King: Okay, wait. I'm going to take RE.12 out, so let's try this again. Commissioner Reyes: Okay. Chair King: A motion for RE.1, RE.6, 9, 10, and 11. Commissioner Reyes: Move it. Chair King: All in -- there's a -- Vice Chair Carollo: Hold on. I need to ask a question on RE.9. Commissioner Reyes, what I see -- Commissioner Reyes: Yes, sir. Vice Chair Carollo: -- in this resolution, which I'll be happy to co-sponsor it with you, we don 't have any time limits on when the Manager should establish it or bring it back by. Do you want to put some time limits in this so that they have enough time to put together a master plan and -- (COMMENTS MADE OFF THE RECORD) Vice Chair Carollo: Well, in RE.9, what understand is that we're talking to -- for a master plan as a guiding tool for the future development. Commissioner Reyes: Okay. Vice Chair Carollo: So, what I'm saying is -- Commissioner Reyes: Okay. City of Miami Page 21 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Vice Chair Carollo: -- do you want to put a time limit that they have it by so that you know for certain when it's going to be done, then brought back if that's what the intent is. Commissioner Reyes: The guidelines are part of the resolution. Vice Chair Carollo: Huh? Commissioner Reyes: The guidelines are part of the resolution. Vice Chair Carollo: Right. Commissioner Reyes: But they're already in there. Vice Chair Carollo: Okay. Commissioner Reyes: Mr. City Manager, could you please, or Ms. City Attorney, in this resolution we have the guidelines are part of the resolution, you see, on the dog park. Victoria Mendez (City Attorney): If we -- yes. Do we have what? Commissioner Reyes: Do we have guidelines in the resolution already? I think so. We do. Ms. Mendez: I believe so. Commissioner Reyes: Okay. Could you please --? Commissioner Carollo has some questions about it. Could you please educate him on it? Mr. Noriega: We can distribute it to him. Ms. Mendez: Yeah. Or we -- can we pass it in a moment? Vice Chair Carollo: Okay. I was under the impression that the instructions were for them to create guidelines. Commissioner Reyes: No. Vice Chair Carollo: I was given that -- Commissioner Reyes: Yes, I know, I know. I know that it was it was (UNINTELLIGIBLE) the way it should have been. Vice Chair Carollo: Okay. Commissioner Reyes: Okay. Chair King: So it's resolved? As -- Commissioner Reyes: Okay. Vice Chair Carollo: It's fine then. Chair King: Yes? Vice Chair Carollo: Yeah, it's fine. City of Miami Page 22 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Commissioner Reyes: It 's fine. Chair King: Okay, so I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Commissioner Diaz de la Portilla: I do -- Mr. Hannon: And Chair -- Commissioner Diaz de la Portilla: -- I do want -- Mr. Hannon: I apologize. Commissioner Diaz de la Portilla: Okay. Mr. Hannon: So, the motion was on 1, 6, 9, 10, and 11. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Yes. Chair King: Yes. Mr. Hannon: And they were all as is. Commissioner Diaz de la Portilla: Yes. Chair King: No, 9 had an amendment. Commissioner Reyes: No, it's not amend -- Chair King: Not amend -- Commissioner Reyes: The resolution already has the guidelines. Chair King: Oh, okay, so, yes. Mr. Hannon: So, all as is. Chair King: All as is. City of Miami Page 23 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 RE.2 RESOLUTION 14025 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2109 SOUTHWEST 8 STREET, MIAMI, FLORIDA, CASE NUMBER CE2018015118, AFTER A 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 OF THE AFOREMENTIONED LIEN; AUTHORIZING 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-23-0262 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 Note for the Record: For additional minutes referencing Item Number RE.2, please see "Public Comments for all Item(s)." Chair King: At this time, we will take up RE.2. It's a mitigation. Commissioner Reyes: Okay, move it. Robert Santos-Alborna (Director, Code Compliance): Good morning, Commissioners, Madam Chairwoman. Chair King: Good morning. Mr. Santos-Alborna: Robert Santos-Alborna. I'm Code Compliance Director, along with me, division chief -- Legal Division Chief Rachel Dooley. Before you is a mitigation; property address is 2109 Southwest 8th Street. The violation in question is for property maintenance, failure to maintain exterior, inoperable vehicles, et cetera, et cetera. The violation ran for 2,170 days. The accrued fines is $376,250 and I believe the respondent is offering the equivalent of 15 percent which is $56,437.50. Chair King: Thank you. Ma'am. Miriam Soler Ramos: Good morning, Madam Chair and members of the Commission. Miriam Soler Ramos with offices at 701 Brickell Avenue, representing 8th and 22nd AG Property Owner LLC As the Code Enforcement Director explained, there were various code enforcement violations on this property. The property consists of various parcels. It was leased to an auto parts company. The auto parts company was violating many terms in the lease, which resulted in my client ending up in several years of litigation to have them evicted from the property. And ultimately, they were able to regain the property, go in and fix everything. The property that was there, the building, the structure has been demolished. They have City of Miami Page 24 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 received their certificate that they have complied, and they're simply seeking to have this matter mitigated to 15 percent of the total. Vice Chair Carollo: Robert, have -- they have compliance 100 percent now? Mr. Santos-Alborna: Yes, sir. Vice Chair Carollo: Okay. Mr. Santos-Alborna: And they are not repeat violators. Commissioner Reyes: Okay, okay. How much money have we put into it that come from our own pocket for any enforcement or anything else that we've had to do? Mr. Santos-Alborna: So, I can tell you, at least for this case, I mean, our normal process as far as the NOVs (Notices of Violations), the adjudication process and hearings, but I mean, as the counsel responded, I mean, the tenants there were not ideal, but it's nothing extraordinary, I would say. Vice Chair Carollo: Approximately, what does that mean? Mr. Santos-Alborna: I'm going down a very slippery slope. For Code to address, to prepare the case, et cetera, et cetera, I do have a history of issues at this property going back to 2005, but it is my estimation that the $56,000 more than covers for any and all the work that Code has done. Vice Chair Carollo: Okay. And as far as when they bought the property, when did they buy it, and how soon after they bought it did they come into compliance? Rachel Dooley (Senior Assistant City Attorney): Good morning, Commissioners. Rachel Dooley on behalf of the City Attorney's Office. This property was purchased in June 29, 2022. The violation happened in 2018, so they purchased the property, they came in, removed the violator, and cleaned up the violation, I think in about six months or so from when they purchased it. Vice Chair Carollo: So, they came into compliance in about six months -- Ms. Dooley: Yes. Vice Chair Carollo: -- approximately. That's the kind of people we want. Look, I still have foundation problems with people coming in, even though they're new owners, they're complying, they're doing what's proper, and we're wiping out so much dollars. What did they buy the property for? Do you remember? Ms. Ramos: The price? No, I'm sorry, I do not know. Vice Chair Carollo: What was the price? Ms. Dooley: The -- that I did not write down. I know what the assessed value is, but I don't have the purchase price down. Sorry. I can get that for you. Just a minute. Vice Chair Carollo: Yeah, you could just get the property appraiser's office. I'm just waiting for that and -- Ms. Dooley: I -- my mistake, it's on the other one I don't have the purchase price because they bought it in 1986, so it wasn't available. In this one, the purchase price was $2.8 million. City of Miami Page 25 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Vice Chair Carollo: 2.8? Ms. Dooley: Yes. Vice Chair Carollo: Okay. And it's worth how much? Ms. Dooley: The assessed value is $4.1 million. Vice Chair Carollo: And the full amount that was owed was how much again? Ms. Dooley: $376,250, and they are offering $56,437.50. Vice Chair Carollo: I -- your clients did quite well. Ms. Ramos: Yes, of course. There was lots of cost in bringing the property into compliance as well. Vice Chair Carollo: Yeah, but I can't even say that they did quite well because of the liens because the liens weren't anywhere near as much as the savings that your clients got. So, they must have been good negotiators or whatever. But they bought the property; they cleaned it up within six months. I'm not thrilled about going low, especially when the property is worth so much, but I'm willing to put a motion for consideration. Commissioner Diaz de la Portilla: I'll second that. Chair King: All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): Chair, I'm sorry, was there a dollar amount stated? Chair King: Yes, there was. Vice Chair Carollo: Well the dollar amount that -- Commissioner Diaz de la Portilla: 58. Vice Chair Carollo: -- was given to us. Chair King: Yes. Vice Chair Carollo: 15 percent. Commissioner Diaz de la Portilla: $58, 000 -- what is it? Vice Chair Carollo: 15 percent. Commissioner Diaz de la Portilla: $58, 000. Mr. Santos-Alborna: $56,437.50 cents. Commissioner Diaz de la Portilla: That's precise. I like when you guys are precise. That's important, thanks. Yes, I'll second that. So, that's a motion. Victoria Mendez (City Attorney): As amended. City of Miami Page 26 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Commissioner Diaz de la Portilla: As amended. Chair King: As amended. Commissioner Diaz de la Portilla: As amended. Chair King: Thank you. Thank you. Commissioner Diaz de la Portilla: We passed it? Ms. Ramos: Thank you, everyone. Chair King: It passed unanimously. Commissioner Diaz de la Portilla: Okay. RE.3 RESOLUTION 13813 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 801 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2015008349, AFTER A 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 OF THE AFOREMENTIONED LIEN; AUTHORIZING 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-23-0263 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: RE.3 is another mitigation. Robert Santos-Alborna (Director, Code Compliance): Good morning, Commissioners. The property in question is 801 Northwest 37th Avenue. The violations in question is for the erection, construction, and posting of signs. There were multiple signs at one point in time for different tenants, but the main one was a marquee sign in this shopping center. I haven't spoken with counsel, but I have spoken many times with the property owners. The fines accrued -- I'll give you the number of days because it's quite a bit, 2,424 days -- accrued to a total of $606, 000. The respondent is offering $30,300. Chair King: Sir? Robert Yaffe: Good morning, Chairwoman. City of Miami Page 27 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Commissioner Diaz de la Portilla: Go ahead. Mr. Yaffe: I'm sorry? Chair King: Go ahead. Commissioner Diaz de la Portilla: Yeah, go ahead. Mr. Yaffe: Yes, my name is Robert Yaffe. I'm the attorney for the property owner, Pass Sklar Center, Limited. As the gentleman said, we are offering $30,300, which is 5 percent of the assessed fine. This goes back to, admittedly, back to 2015 when the violation was first issued. And by the end of 2015 in December, the then property manager communicated with Code Enforcement and understood at that time that the nature of the violation was unpermitted, banner signs and flags and so forth, and they cleaned up -- all of that up and communicated with Code Enforcement and said, well, we think we 've -- you know, please come by, take a look, re -inspect. We think we 've, you know, solved the issue and that we're in compliance. And then there was a good number of years, up until 2021, where there was really no activity with respect to the issue of the signs. Commissioner Diaz de la Portilla: The signs have been removed already, right? Mr. Yaffe: Well, those -- yeah, those banner signs and flag signs have been removed. Commissioner Diaz de la Portilla: But you were being fined for something that had been removed already? Is that the case or not? Mr. Yaffe: So, there -- Commissioner Diaz de la Portilla: Well, hold on, hold on. Mr. Santos-Alborna: I'm sorry. There were -- Commissioner Diaz de la Portilla: I'm sorry. Mr. Santos-Alborna: Yes, sir. So, there were multiple issues from tenants. The one item that remained was the marquee sign, the main sign into the entrance of the shopping center. Perhaps the respondent believed that it was taken care of but it wasn't. There were building permits that had not been finalized. Commissioner Diaz de la Portilla: Was it the tenant or was it the --? Mr. Santos-Alborna: That was the owner. That was -- Commissioner Diaz de la Portilla: The owner. Mr. Santos-Alborna: Yes. Commissioner Diaz de la Portilla: Okay. Mr. Yaffe: So, my understanding is that in or about October of 2021, the property owner was refinancing the property, working with a bank, had counsel. A title search was done, and there were two liens that came up in the title search. One of them was actually a duplicate which has been -- Mr. Santos-Alborna: Taken care of. City of Miami Page 28 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Mr. Yaffe: -- taken care of. So, at that point in October 2021, having believed that this was resolved in 2015, the property owner contacted the City and said, what's going on? Commissioner Diaz de la Portilla: Why would he believe that it had been taken care of in 2015? Mr. Yaffe: Because again, those signs that -- Commissioner Diaz de la Portilla: Well, why would the property -- Mr. Yaffe: -- the banner signs and the -- I'm sorry. Commissioner Diaz de la Portilla: -- why would the property owner believe that it had been taken care of? Did he receive notices in those five years that he was still in violation or--? Mr. Yaffe: To my knowledge, there was no continuing notices or communications with the City. Commissioner Diaz de la Portilla: Okay, so was there any continuing noticing? Mr. Santos-Alborna: No, sir. After NOVs (Notices of Violations) and adjudication and we do send the information on that, but the short answer is no, no continuing notices. Commissioner Diaz de la Portilla: So, what you did, in essence, was you were fining him on a daily basis -- Mr. Santos-Alborna: Yes. Commissioner Diaz de la Portilla: -- without noticing him that you were fining him on a daily basis at all in five years. Mr. Santos-Alborna: There is an adjudication that takes place. Commissioner Diaz de la Portilla: I understand how it works. Mr. Santos-Alborna: They are provided that. Commissioner Diaz de la Portilla: Maybe that's a wrong process and that -- Mr. Santos-Alborna: Okay. Commissioner Diaz de la Portilla: -- shouldn't happen because then people may fall into a hole they can never get out of because they don 't know perhaps -- Mr. Santos-Alborna: Right. Commissioner Diaz de la Portilla: -- or they can at least claim that they don't know, right? Rachel Dooley (Senior Assistant City Attorney): So -- Mr. Santos-Alborna: Right, so -- City of Miami Page 29 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Commissioner Diaz de la Portilla: He could be claiming that he doesn't know. I'm sorry. Go ahead, Ms. Dooley. Ms. Dooley: So, what happens -- good morning again. Commissioner Diaz de la Portilla: Good morning. Ms. Dooley: Rachel Dooley, on behalf of the CityAttorney's Office. Commissioner Diaz de la Portilla: Hi, Rachel. Ms. Dooley: What happens is, in this case, there was a hearing in 2015. The property did not show up, and there was a finding of guilt in absentia. Now that order gets recorded, and it's also mailed to the owner so that they have it. The City then also, through its Finance Department, sort of at least once a year will send out notices of overdue monies. Commissioner Diaz de la Portilla: Okay. M. Dooley: But -- and that's what they do on the side, but they do get the notices that are required by Florida Statute. Commissioner Diaz de la Portilla: Correct. That's why I was asking. Ms. Dooley: So, it is sent out. If they thought something else was complying -- Commissioner Diaz de la Portilla: But that notice is only once a year, right? It's what's required? Ms. Dooley: It's not required. Commissioner Diaz de la Portilla: By Florida Statute, absolutely. Victoria Mendez (City Attorney): We send them -- so what happens is we send out -- in addition to the recorded that, you know, puts the world on notice that something is recorded on your property, in addition to the notices pursuant to Florida Statute, the Finance Department is amazing in sending out twice a year -- Commissioner Diaz de la Portilla: Twice a year. Ms. Mendez: -- these stunning letters like every six months that says, hey, you have this lien, call Code Enforcement, call the Finance Department to work it out. So, that the Finance Department does in addition to, twice a year. Commissioner Diaz de la Portilla: Okay. And you represent the owner, so he never knew that he owed this, and he didn't know that it was accumulating on a regular basis, on a daily basis in this case? Mr. Yaffe: That's correct. Commissioner Diaz de la Portilla: That's what you're claiming, that in five years he didn 't -- he had no idea this was happening? Mr. Yaffe: That is correct. Commissioner Diaz de la Portilla: And he didn't address the issue earlier until he -- is he selling the property now? City of Miami Page 30 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Mr. Yaffe: No, he's not, no. I mean, this is a two-story commercial shopping center with 45 tenants. Commissioner Diaz de la Portilla: I know, it's my district, I know. Mr. Yaffe: He's owned it since 19 -- mid-1980s. You know, as far as I know, they're - - we're not a repeat violator. There have been really no significant issues with this property. When the title search was done in October of 2021 as part of a refinance, we were looking at lower interest rates -- Commissioner Diaz de la Portilla: They refinanced it. Mr. Yaffe: -- and so forth and put some more money into the property, this lien came up, and it delayed the closing of the refinance, the interest rates went up. But as soon as we knew that these liens were there, we contacted -- or the client contacted the City and said, "What is this? What is this about? We thought we, you know, cured this in 2015. Can you tell us what needs to be done?" And there was a period of a couple of months, to my understanding, with back and forth and back and forth saying what exactly do we need to do to come into compliance? I mean, you can't comply unless you know what you need to correct, and the client reached out to the project manager, reached out to the City Manager. Commissioner Diaz de la Portilla: Okay, okay, so you're okay. Mr. Santos-Alborna: If you want me to elaborate -- Commissioner Diaz de la Portilla: Not to belabor -- no, I don't. Not to belabor the point. Mr. Santos-Alborna: Fair enough. Commissioner Diaz de la Portilla: So, you're okay with this reduction and then paying this? Mr. Santos-Alborna: Well, for the record, the reduction is 5 percent of the accrued funds, and I want to put that on the record. So -- but part of the process is we need to consider the type of violation. Commissioner Diaz de la Portilla: Of course. That's what I'm saying. So, yeah, we can 't be -- it has to be a specific, life safety issues -- Mr. Santos-Alborna: Correct. Commissioner Diaz de la Portilla: -- and repeat offenders and things of that nature. Mr. Santos-Alborna: And this is -- Commissioner Diaz de la Portilla: In this case -- you don 't see that in this case. Mr. Santos-Alborna: That is correct. Commissioner Diaz de la Portilla: Then I'm going to go ahead and move that. Commissioner Reyes: I second. Vice Chair Carollo: This is strictly signage. City of Miami Page 31 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Commissioner Reyes: Signage. Mr. Santos-Alborna: Just signage. Commissioner Diaz de la Portilla: Just signage. Mr. Santos-Alborna: Right. Commissioner Diaz de la Portilla: It 's not any construction or anything of that nature. It 's just signage. Commissioner Reyes: Signage. Vice Chair Carollo: That would be the -- one of the few reasons why I will go from the minimum that we established, which is at least double this. Commissioner Diaz de la Portilla: That's why I'm saying it. Vice Chair Carollo: This is not with building or anything to do with life safety or illegal construction -- Mr. Santos-Alborna: No, sir. Vice Chair Carollo: -- or anything of the sort, it's just signage. Commissioner Diaz de la Portilla: That's why I wanted to clarify it. I agree with you, we should remain at our 10 percent standard that we've established, but in this case, it's just a question of signage. It's not a question of construction or life safety issues or repeat offender. Mr. Santos-Alborna: And just -- Commissioner Diaz de la Portilla: Now, there may be some debate that can be had at some point that you, the guy, should have known and all that, but let's forget about that for now, okay? That's why I move it. Vice Chair Carollo: And the 10 percent frankly -- Commissioner Diaz de la Portilla: Is fair. Vice Chair Carollo: -- is a medium because it depends on what was done. Commissioner Diaz de la Portilla: That's a minimum. Vice Chair Carollo: Yeah. Commissioner Diaz de la Portilla: That's a floor, not a ceiling, of course, at least 10 percent, but in this case, it's a different case. So, we have to go case by case, and I would support this then. Vice Chair Carollo: Alright. Chair King: We have a motion and a second. All in favor? The Commission (Collectively): Aye. City of Miami Page 32 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Chair King: And the City Clerk needs to read a statement into the record for this as well. Todd B. Hannon (City Clerk): And RE.3 is as amended. And briefly, Item RE.3 incorrectly identifies District 4 as the district impacted on the agenda. The district impacted by item RE.3 is District 1. Thank you, Chair. Commissioner Reyes: It 's one. Chair King: Thank you. Mr. Yaffe: Thank you, Madam Chair and Commissioners. RE.4 RESOLUTION 13742 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE LOWEST RESPONSIVE AND RESPONSIBLE BID RECEIVED ON JANUARY 17, 2023, PURSUANT TO INVITATION FOR BID ("IFB") NO. 1575386 FOR THE PROVISION OF CANAL CLEANING SERVICES ("SERVICES"), ON AN AS NEEDED BASIS, FROM TEXAS AQUATIC HARVESTING, INC., A FLORIDA PROFIT CORPORATION ("TAH"), FOR AN INITIAL TERM OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE CITY OF MIAMI ("CITY") DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("RPW'), SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0267 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For additional minutes referencing Item Number RE.4, please see "Order of the Day," and Item Number RE.1. City of Miami Page 33 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Chair King: At this time, we have remaining RE.8. Commissioner Diaz de la Portilla: Well, I think that first we have RE.4. Can we just with -- move to withdraw RE.4 for now? Chair King: Okay. Commissioner Diaz de la Portilla: Can we --? Chair King: Is there a motion? Commissioner Diaz de la Portilla: I move to withdraw RE.4. Commissioner Reyes: I second. Commissioner Covo: To withdraw indefinitely? Commissioner Diaz de la Portilla: Well, withdraw is withdraw. It means it -- Commissioner Covo: Like we're not going to -- Commissioner Diaz de la Portilla: I think there's a new RFP (Request for Proposal) process being considered, right? Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Is it --? Commissioner Covo: But isn't -- I'm just asking because for me it's important. Most of the canals are in my district and we're coming into hurricane season. Commissioner Diaz de la Portilla: No, actually most of the canals are in my district. Commissioner Reyes: That's right. Commissioner Covo: Well, I have a bunch as well. Commissioner Diaz de la Portilla: Yeah, butt have more. That's okay. Commissioner Covo: No, I know, but I'm just wondering. Commissioner Diaz de la Portilla: I have the entire Miami River, almost 80 percent of the river is in my district. Chair King: Let's -- Commissioner Covo: Until when? Chair King: -- let's hear from Administration. Commissioner Reyes: Madam Chair -- and I just want to add to it. You see, I have some questions also. And I drive all around the city, and I think that we need to really review what is the scope, if one company will be enough, because most of the times that you drive around, and I see that all the canals are very filthy. Commissioner Diaz de la Portilla: Completely. City of Miami Page 34 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Commissioner Reyes: And what I want to know, I want to make sure that we are going to have a company that is going to increase the scope of the work. We have to increase the scope of the work or have more than one company doing it. Because we have to really analyze what do we have to do in order to keep our canals clean because I think it's also a life safety issue because I see a lot of rats and a lot of debris go inside of the canals. So, I want to make sure that what we -- if we give this contract to a company or companies that our canals are going to be maintained clean. That's my objection and that's why I'll second Commissioner Diaz de la Portilla's motion to defer. Commissioner Covo: And Madam Chair -- Chair King: I'd like to echo what Commissioner Covo was saying. We are walking into the hurricane season, and if we don't have a provider that will clean our canals. We will not be able to get a provider until after -- Commissioner Reyes: We have it now, we have it now. Chair King: -- the hurricane season. Hurricane season started June 1. Commissioner Diaz de la Portilla: We have a provider. We have an ongoing service that's taking place right now. Commissioner Reyes: That's right. We have -- Commissioner Diaz de la Portilla: This is an award of a contract to, and we think that it should go to different entities, so there's some accountability measures. So -- Commissioner Reyes: That's right. Chair King: So, if we can hear from Administration -- Commissioner Diaz de la Portilla: So, we're -- Chair King: -- for clarity. Arthur Noriega (City Manager): So, I'll let Annie answer any particular questions, but for purposes of just understanding the sense of urgency with this because of hurricane season, it 's -- we bid this out using the federal guidelines that they provide us so that we can get the FEMA (Federal Emergency Management Agency) reimbursement if indeed we have to do debris removal during the hurricane. So critical to this from a timing perspective, we are obviously in the first couple of weeks of hurricane season, and if we do get a storm, we need to have a provider in place who's been bid out according to those federal guidelines. Commissioner Diaz de la Portilla: But you can always bring that provider in place if that occurs, correct? We don't have to award a long-term contract today, do we? Annie Perez (Director, Procurement): We do. Commissioner Diaz de la Portilla: No, we don't. Ms. Perez: Well, Chair, we have -- the federal procurement guidelines state that, you know, first you have to procure it following the guidelines. Second of all -- Commissioner Diaz de la Portilla: I know what it says. City of Miami Page 35 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Ms. Perez: -- the current contract that we have now was not procured -- it was procured back in 2016. Commissioner Diaz de la Portilla: But it continues to exist. Ms. Perez: It does -- Commissioner Diaz de la Portilla: Correct? So -- Ms. Perez: -- but it could not be used. Commissioner Diaz de la Portilla: So, it's a false alarm. It is a false alarm. Mr. Noriega: It isn't, Commissioner. In all fairness -- Commissioner Diaz de la Portilla: No, no, no. Well, hold on a second. I need to finish. It is a false alarm to say that there will be no cleaning of our rivers in case of a hurricane because -- if this doesn't happen today. Because we have recurring services that occur right now that stay in place while this is happening. And we get all our FEMA -- I went through this whole issue. We get the whole FEMA reimbursements. We get everything, nothing changes. This just gives it to somebody else to do it. Ms. Perez: So, yes, our -- Commissioner Diaz de la Portilla: Okay, right? Is that correct? Ms. Perez: -- our canals will continue to be cleaned. Commissioner Diaz de la Portilla: Alright, so our canals will continue to be cleaned. Ms. Perez: But however -- Commissioner Diaz de la Portilla: If there's a hurricane, our canals will continue to be cleaned. Commissioner Reyes: Absolutely. Chair King: Commissioner, can you let her finish her statement? Commissioner Diaz de la Portilla: I understand, but I don't like -- Chair King: I know. Commissioner Diaz de la Portilla: -- this alarmist approach -- Chair King: Okay. Commissioner Diaz de la Portilla: -- to grant a contract. Chair King: But let her finish her -- Commissioner Diaz de la Portilla: That's not what's hap -- that's -- Chair King: -- let her finish her statement. Commissioner Diaz de la Portilla: Okay, I'm sorry, go ahead. City of Miami Page 36 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Ms. Perez: Thank you. So, the contract that we have now was not procured following federal guidelines, and what happened was, after Hurricane Irma, we were not allowed to use that contract for any FEMA reimbursement. Thus, why we now have, you know, two groups, federally funded, non federally funded, so that we're covered under this contract and we can get reimbursed. Will the canal still be cleaned after a hurricane? Of course, yes, they will. Commissioner Diaz de la Portilla: That was my ques -- Ms. Perez: It's just the federal reimbursement part. Commissioner Diaz de la Portilla: That was my only question, right. Commissioner Covo: And Madam Chair, I have a question. Mr. Noriega: So -- but for clarity -- I mean, we need to be crystal clear. If we don't award it based on this particular ITB (Invitation to Bid), what will happen is we will do the cleaning, but we will not be eligible for reimbursement by FEMA. That needs to be clear because we did -- that -- existing contracts aren't procured in a manner that allows us to get a reimbursement. Commissioner Diaz de la Portilla: So, what I would ask then is that we defer to the next Commission meeting so that we -- instead of withdrawing it -- so we can have a conversation -- Commissioner Reyes: May I --? Commissioner Diaz de la Portilla: -- about it between now and then. Commissioner Reyes: May I make a suggestion? Why don't we re -bid, re -bid this in 30 days or how long will you need to re -bid this and see what -- I mean, the -- Commissioner Diaz de la Portilla: That was my original -- Commissioner Reyes: -- with a dyferent scope -- Commissioner Diaz de la Portilla: Of course. Commissioner Reyes: -- of work and all of that. Commissioner Diaz de la Portilla: Yeah. That was my -- where I was going. That's why I wanted to withdraw the item. Commissioner Reyes: You see, because it's not going to take anything. And then we will be in compliance with FEMA -- Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: -- because we are going to go through the process and re- bidding and we should -- given the scope of the work, we have to be very clear if the company is able to do it by itself or we are better off by having two or three companies doing it. That is my -- because my only concern is to keep the canals clean Commissioner Diaz de la Portilla: I agree. City of Miami Page 37 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Commissioner Reyes: -- all the time. Chair King: Well -- Victoria Mendez (City Attorney): So -- Chair King: Could you please advise us if we did another RFP, how long would that take? What would be the process for that? Because my concern is also being fiscally responsible. And if there's an opportunity for us to get reimbursed for money that we 're using to clean the canals, I want to see that happen. So how soon could you effectuate that? Ms. Perez: So, Madam Chair, so if we were to -- if this body were to reject the award, right, reject all bids, and we were to re -bid it, it's a bid, it's not an RFP, it's not as complex. Commissioner Diaz de la Portilla: Correct. Ms. Perez: That would take about -- by the time it gets to Commission, 60 days, 45, 60 days. Commissioner Diaz de la Portilla: That's fine. Commissioner Reyes: Oh, that's well within time. Chair King: So, let's -- Commissioner Diaz de la Portilla: That's fine. Chair King: -- let's push it -- Commissioner Reyes: 45. Commissioner Diaz de la Portilla: Let's push it to 30 days. Chair King: -- sooner than that. And I believe there's a motion and a second to defer this item to the next Commission meeting. Commissioner Diaz de la Portilla: No, I think the original motion was to withdraw. Ms. Perez: No, we would have to dispose of the -- Commissioner Reyes: To withdraw it. Ms. Mendez: Right, so -- Chair King: Oh, I thought we made a (UNINTELLIGIBLE). Ms. Mendez: This body would have to reject the Manager's recommendation to award this item -- Commissioner Reyes: And re -bid it. Commissioner Diaz de la Portilla: Oh, we -- Ms. Mendez: -- and with the reasons why. City of Miami Page 38 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Commissioner Diaz de la Portilla: We already did that. Or we can withdraw. Ms. Mendez: No. Commissioner Diaz de la Portilla: We can 't withdraw the item? Ms. Mendez: No, no. You have to reject the bid. Chair King: Accept or reject. Commissioner Diaz de la Portilla: Alright, so I move to reject the Manager's recommendation. Commissioner Reyes: I second. Chair King: All in favor? The Commission (Collectively): Aye. Commissioner Reyes: Now we going to -- Commissioner Diaz de la Portilla: Now we begin. Commissioner Reyes: Now we going to (UNINTELLIGIBLE) -- Todd B. Hannon (City Clerk): I'm sorry, Chair. Chair King: It was unanimous. Commissioner Diaz de la Portilla: It's unanimous, unanimous. Chair King: I heard everybody say "aye." Commissioner Reyes: Now, Mr. City Manager, Madam City Attorney, do we have to make a motion, or we give a directive to come with a bid within -- Commissioner Diaz de la Portilla: 30 days. Commissioner Reyes: -- 30 days, maximum 45 days? Commissioner Covo: It has to be a maximum of 45 days because if we wait 60 days, then we 're in the middle of hurricane season. Commissioner Reyes: No, no, maximum I said 45 days. Commissioner Covo: And I don 't even know if we have enough Chair King: What is the notice period? It has to be 30 days? Ms. Mendez: So, before -- can we have the reason why you're rejecting the bid? Commissioner Reyes: Because of the -- my opinion, it doesn't -- the way that we 're doing it, if we're going to keep the same scope of work, it's not going to solve the problem. Ms. Mendez: Okay, so it's based -- City of Miami Page 39 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Commissioner Reyes: That's right. Ms. Mendez: -- you would like a new bid? Is it a ITB? Commissioner Reyes: It's an increase in the scope of the work. Ms. Mendez: With the correct scope of work -- Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: Correct. Ms. Mendez: -- in order to address your issues. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: You framed it beautifully, correct. Ms. Mendez: Thank you so much. Chair King: And for the record, I'd like to be clear. I'd like to have this happen immediately. Commissioner Reyes: Yes. Chair King: What is the number of days that you have to -- the minimum number of days for notice? Ms. Perez: We don't -- it's not a construction bid, so there are really no minimum. We can put it out for two weeks as long as -- Commissioner Diaz de la Portilla: Okay. Chair King: Let's do that. Commissioner Reyes: And can you put it up one week? Chair King: Two weeks, two weeks. Ms. Perez: Two weeks. Commissioner Diaz de la Portilla: Don't push it. Chair King: Can you get it out --? Commissioner Diaz de la Portilla: Don't push it. Chair King: Can --? Ms. Perez: So, I -- remember this has federal procurement guidelines. Chair King: Right. Ms. Perez: I don't want to be questioned later -- Chair King: So can you get it out on Monday? City of Miami Page 40 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Ms. Perez: -- when we have a reimbursement. Chair King: Can you get it out Monday? Ms. Perez: Can -- I look at -- Mr. Noriega: Well, you say, can we put it out Monday? Chair King: Yes. Mr. Noriega: I mean, the only way we put it out Monday is if we understand what the scope issues are -- Commissioner Reyes: That's right. Mr. Noriega: Because right now we don't really understand -- Chair King: We'll get the scope issues to you. Mr. Noriega: -- what the scope issues are. So, if we get the -- by tomorrow. Chair King: By the end of Friday. Mr. Noriega: By tomorrow, yeah, then we can put it out on Monday. Chair King: Yeah, by close of business Friday and get it out on Monday, and two weeks. Thank you. Thank you. Sir? Antonio Canton: Yes, I have a question. Good morning. My name is Antonio Canton. I represent Texas Aquatic Harvesting. We are the present contractors. We've been here since 2005 when the hurricanes affected -- or before the hurricanes affected the City of Miami, and we have been cleaning the canals for the last 16 years approximately. This bid was recently brought up in December of last year, and we participated in the bid again, and we saw different scopes of work that were added, and we bidded, and we won it again. So, now you're -- what I understand is you 're going to a new bid. Is that the understanding? Chair King: That is correct. Ms. Mendez: Yes, they're going to put out a new bid and you could re -bid again, but I would encourage you to speak with our Procurement director to -- after we figure out what the scope that the Commission would like to see on -- we've been having a lot of issues with the canals and they have particular ideas of what needs to be part of this scope and to address those concerns and the concerns of their constituents. But I encourage you to please be in contact with the Procurement director because this should go out shortly again. Mr. Canton: Okay, well, I'm almost daily in the canals, and I don't -- I have not seen any major issues in the canals. In fact, we have gone above and beyond what the work scopes require. We're asked to clean the canals once a month and we do them every week, okay. We create hotspots because we know where the trash accumulates. We know the residents and they have my direct phone number. They call me if there 's any issues. But we, on a -- basically on Fridays, we do hotspots. And that means we go from one point of the city to the other one, picking up all the affected areas. So, I'm a bit estranged to hear that the canals are in, I'd say, deplorable conditions, as I kind of understood, because that is not what I have been hearing from the Department of Public Works, the supervisors, the residents themselves. So, I would like to really City of Miami Page 41 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 meet with the people that are presenting these statements to bring specific photos as we do. We -- Chair King: Sir? Mr. Canton: Every week, we have before -- Chair King: Sir? Mr. Canton: -- and after pictures. Chair King: Yes, I understand. You can speak with Administration and share the rest of your concerns with them. We need to move the meeting forward. And you could also request a meeting with each of the Commissioners so that they could share their concerns with you as well with respect to the cleaning of the canals. Mr. Canton: Well, yes, definitely. We would like to do that. I'd just like to bring one last -- one last point. On this last bid that was requested, we normally get called for there's a dead animal someplace. There's a dead animal here, there's a dead animal there. Within less than 24 hours, we go and pick them up. This new bid scope was addressed as to be charged per ton. Chair King: You 're going to have to speak to Administration about that. Mr. Canton: That's what mean. Chair King: Yes. So, you can speak to the director, you can speak to City Manager, and I would encourage you to make appointments to meet with each Commissioner so that they can express their concerns. Thank you. Mr. Canton: Okay, I'll do that. Chair King: Thank you. Ms. Mendez: And sir, if I may, please speak to the Administration, but any meetings that you'll have with the Commissioners' offices needs to be before it goes out to bid. So maybe today you could speak with the staff members that are here before this goes out to bid again next week because then they'll be under a cone of silence, okay? Mr. Canton: Do you want me to stay until --? Ms. Mendez: I would -- I would encourage you to talk to the Administration and then go speak to staff to get the concerns. Mr. Canton: Perfect. Ms. Mendez: Thank you so much. Mr. Canton: Thank you. Chair King: Thank you. Commissioner Diaz de la Portilla: Todd. Chair King: At this -- Mr. Hannon: I just wanted to -- on the record, RE.4 is as amended. City of Miami Page 42 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Commissioner Diaz de la Portilla: Yes. Chair King: Yes. Commissioner Diaz de la Portilla: And sir, you can -- my chief of staff is Albert, in my office, you can go set up a meeting if you want after this Commission meeting. Chair King: At this time, we'll take up -- Commissioner Diaz de la Portilla: I'll be glad to talk to you. Chair King: -- RE.8. Mr. Canton: Alright, thank you. RE.5 RESOLUTION 13970 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND CAMILLUS HOUSE, INC., A FLORIDA NOT FOR PROFIT CORPORATION, TO CONTINUE THE CITY SHELTER PROGRAM INCLUDING THE PROVISION OF ONE HUNDRED (100) BEDS WITHIN THE CAMILLUS HOUSE NORWEGIAN CRUISE LINE CAMPUS FOR EMERGENCY SHELTER FOR THE NIGHTLY USE OF HOMELESS INDIVIDUALS, ALONG WITH OTHER ASSOCIATED AND ACCOMPANYING HOMELESS SERVICES AND CASE MANAGEMENT FOR A PERIOD OF ONE (1) YEAR, SUBJECT TO SAID BEDS BEING EXCLUSIVELY DESIGNATED FOR THE CITY'S HOMELESS AT AN ANNUAL COST NOT TO EXCEED FIVE HUNDRED AND SIXTY THOUSAND DOLLARS ($560,000.00), WITH CONDITIONS AS STATED HEREIN AND IN THE AGREEMENT, FOR THE CITY'S FISCAL YEAR 2022-2023. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item RE.5 was deferred to the June 22, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.5, please see "Order of the Day." City of Miami Page 43 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 RE.6 RESOLUTION 14054 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MIAMI-DADE COUNTY TO CO -DESIGNATE NORTHWEST 2ND AVENUE FROM NORTHWEST 8TH STREET TO NORTHWEST 11TH STREET AS ALICE DAY WAY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS LISTED. ENACTMENT NUMBER: R-23-0264 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.6, please see Item Number RE.1. RE.7 RESOLUTION 11033 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND AUTHORIZING THE RATIFICATION OF THE SECOND AMENDMENT TO THE 1996 INTERLOCAL COOPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM ("2020 SECOND AMENDMENT ILA"), BETWEEN MIAMI-DADE COUNTY ("COUNTY"), THE CITY OF MIAMI ("CITY"), AND THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA") IN ORDER TO EXTEND THE LIFE OF THE OMNI CRA TO 2047; AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2020 SECOND AMENDMENT ILA AND TAKE ANY AND ALL NECESSARY ACTIONS CONSISTENT WITH THIS RESOLUTION; FURTHER DIRECTING THE CITY MANAGER TO WORK WITH THE EXECUTIVE DIRECTOR OF THE OMNI CRA TO ENSURE A COPY OF THE 2020 SECOND AMENDMENT ILA IS TRANSMITTED TO THE COUNTY FOR REVIEW, APPROVAL, AND ACCEPTANCE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item RE.7 was deferred to the June 22, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.7, please see "Order of the Day," and Item Number RE.1. City of Miami Page 44 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 RE.8 RESOLUTION 13849 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TEN (10) WEEK TEMPORARY EVENT LIMITATION PER YEAR FOR THE PUBLIC PROPERTY LOCATED AT 1000 MACARTHUR CAUSEWAY, MIAMI, FLORIDA PURSUANT TO CHAPTER 62/ARTICLE XIII/DIVISION 1/SECTION 62-521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/TEMPORARY EVENT PERMITS/TEMPORARY EVENTS IN GENERAL", TO ALLOW FOR RESERVE PADEL MIAMI EVENTS TO BE HELD FROM JULY 21, 2023 THROUGH DECEMBER 31, 2023. ENACTMENT NUMBER: R-23-0268 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number RE.8, please see "Public Comments for allltem(s)," and Item Number RE.1. Commissioner Reyes: What? Chair King: I have RE.8. Have we had an opportunity to read the proposed language or would you like to go to RE.12? Is everyone ready to vote on RE.8? Commissioner Diaz de la Portilla: I am not. [Later...] Commissioner Diaz de la Portilla: I'm okay with RE.8 now, as amended by Commissioner Covo. Commissioner Reyes: That's right. Chair King: Do I have a second? Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: That concludes the RE (Resolution) items. City of Miami Page 45 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 RE.9 RESOLUTION 14078 Commissioners and Mayor RE.10 14082 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION ADOPTING A CITY OF MIAMI ("CITY") DOG PARKS MASTER PLAN, AS A GUIDING TOOL FOR THE FUTURE IMPROVEMENT AND DEVELOPMENT OF CITY DOG PARKS; DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO IMPLEMENT THIS RESOLUTION; FURTHER DIRECTING THE CITY MANAGER TO INCORPORATE THE DOG PARKS MASTER PLAN INTO THE NEXT UPDATE TO THE CITY OF MIAMI'S PARKS AND PUBLIC SPACES MASTER PLAN; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0265 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.9, please see "Order of the Day," and Item Number RE.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL ASSESSMENT DISTRICT AREA TO BE KNOWN AS THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID") AND AUTHORIZING THE LEVY AND COLLECTION OF A SPECIAL ASSESSMENT FOR A PERIOD OF TEN (10) YEARS, SUBJECT TO THE APPROVAL OF A MAJORITY OF AFFECTED PROPERTY OWNERS FOR THE CONTINUED EXISTENCE OF THE BID; PROVIDING FOR THE NATURE AND ESTIMATE OF BENEFITS TO BE PROVIDED; PROVIDING DETAILS OF ASSESSMENT PROCEDURES, PAYMENTS, AND STATUTORY LIENS; PROVIDING FOR PUBLICATION OF LEGAL NOTICE; AUTHORIZING AND DIRECTING THE CITY MANAGER, THE CITY CLERK, THE FINANCE DIRECTOR, THE BID EXECUTIVE DIRECTOR, BID BOARD MEMBERS, AND ALL OTHER NECESSARY CITY OFFICIALS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO UNDERTAKE ALL NECESSARY ACTIONS AND PROCEDURES TO ACCOMPLISH THE PURPOSE AND INTENT SET FORTH IN THIS RESOLUTION IN ACCORDANCE WITH CHAPTER 170, FLORIDA STATUTES. ENACTMENT NUMBER: R-23-0256 City of Miami Page 46 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 RE.11 14085 Commissioners and Mayor 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.10, please see Item Number RE.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AGREEING TO SPONSOR THE CITY OF MIAMI'S FIRST ANNUAL MIAMI RIVER HOLIDAY BOAT PARADE TO BE HELD IN DECEMBER 2023 ALONG THE MIAMI RIVER. ENACTMENT NUMBER: R-23-0266 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 additional minutes referencing Item Number RE.11, please see "Public Comments for allltem(s)," and Item Number RE.1. Chair King: And at this time we will take up RE.2, which is a mitigation. Commissioner Diaz de la Portilla: But before we do that, I do want to acknowledge, if you allow me about a minute or two, Merci. She's been working very, very hard. Merci Rodriguez, working very, very hard on the boat parade. And I appreciate all the work that you've done and all the Commissioners that have helped along the way, the dfferent trusts and the CRAs (Community Redevelopment Agencies) that have contributed. Expect more dollars to come our way. But it really showcase Miami, a beautiful boat parade. But if you give her one minute just to come up here and just make a few comments, Merci. I know you haven't stopped talking about this for weeks now, and I think you deserve at least a few minutes to say something about the work that you've done and for me to show -- or for us to show the appreciation for the work that you've done. Commissioner Reyes: Are you going to pilot a boat in the parade? Commissioner Diaz de la Portilla: No, you are. You're going to -- Commissioner Reyes: I'll crash. Commissioner Diaz de la Portilla: You're grand marshal. You and Shakira together, we're working on that. So, we're frying to figure it out. The grand marshal is Commissioner King, and then I'll -- Commissioner Reyes: That's right. City of Miami Page 47 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Commissioner Diaz de la Portilla: Maybe we get -- initially it was going to be Beckham, but I thought it would be some problems in this Commission if we do that, so we just decided to go with Shakira instead. I think we'll probably get unanimous support -- Commissioner Reyes: I don 't have anything against Beckham. Commissioner Diaz de la Portilla: -- unanimous support for Shakira. So, we -- Commissioner Reyes: I don 't have anything against Beckham. Commissioner Diaz de la Portilla: Merci, just say -- there 's no presentation needed, Brett. We're just going to -- she 's going to say a few words, you say a few words, and then we can move on with our agenda. Merci. Mercedes Rodriguez: Good morning. Commissioner Diaz de la Portilla: Good morning. Ms. Rodriguez: I wanted to thank the City of Miami Commission and the City Manager for giving us the opportunity to present an idea that's been on the works for the couple of months now. As a member of the Miami River Commission, I presented the idea as to why doesn't the City of Miami have a boat parade along the Miami River. The state of Florida has 19 derent boat parades in the State of Florida, but none in Miami, along the Miami River. And so I've participated in several events throughout the holidays with Commissioner Reyes at West End Park. We've had events at Flagami, we've had at Bayfront Park, we 've had at Charles Hadley, and we were wondering why not have one on District 1 along the Miami River. We've also had events here at City Hall for Christmas during COVID, the drive -through, and we 've also had during Halloween. Having said that, I am so grateful with the City of Miami staff, the Parks Department, Fire, Police, Communications, the Film Office, Solid Waste, and also our counterparts, our County Fire and Police as well are going to be participating. We've had a small budget put together regarding in -kind services from the City. And the reason why we came before you today was to secure the date of Saturday, December 2nd, in order to proceed with the marketing aspect of this great parade. We are -- we have received a few donations from the Downtown Development Authority. Thank you so much, Chairman Reyes. Also, we've received funding from the Bayfront Park Trust. Thank you, Chairman Carollo. And we 've also received a grant from the County Cultural Affairs Council. And we're in the works meeting with different organizations. One of them is the Miami Outboard Yacht Club. We 've also met with the Coral Reef Yacht Club. These are clubs that have had boat parades along the bay, and we want to include them. They have the experience. They have participation. We've also asked them to come and join us to be one of the judges regarding the three categories. We 've had conversations with our neighbors in Fort Lauderdale. Fort Lauderdale has had this event for 51 years. And so their boat parade is on the 16th. So, they've been very gracious in assisting us with their ideas, but we don't want to copy or mirror what they do already. Miami is already known for different reasons internationally, and so we're going to stick to bringing awareness to the river, bringing awareness to the businesses along the river and the residents. This is a free community event. Many folks do not have the opportunity to attend some of the events. Also, the Miami River has public transportation, which provides for the residents and those that are visiting our city. We also have the opportunity to be -- at the end of the boat parade to have fireworks, fireworks along Bayfront Park, Lummus Park where we are setting as the headquarters site. We are opening the five parks along the Miami River for residents to have the opportunity to see up close and up front the boat parade. We have also City of Miami Page 48 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 been talking to d fferent venues to help us with having bleachers to make accommodations for our audience, our residents. We also have been speaking to different organizations to help us with the marketing of this event, hopefully be one of many years to come. Brett, would you like to say a few words? Commissioner Diaz de la Portilla: You can say a few words, Brett. You've done a lot of work on this too, and thank you, Merci, for the presentation and for your hard work. You're really showcasing something that should have been showcased a long time ago in our city. So, thank you very much. I know you've been really, really, really nonstop on this, and I can't say it enough, you know. I'm very, very appreciative for helping me get this done, and you too, Brett, for the work that you've done. Brett Bibeau: Thank you, Senator. Commissioner Diaz de la Portilla: Welcome, good morning. Mr. Bibeau: Good morning. I know you have a busy agenda, so I'll just be super brief. Thank you, Senator Alex Diaz de la Portilla, the City Commission, Mercedes Librada Rodriguez. We're taking it to the next level. We're all on the same team. Thank you. Commissioner Diaz de la Portilla: Thank you, sir. Thank you, Brett. Chair King: Thank you. Commissioner Diaz de la Portilla: And Commissioner Carollo, just to note, you have a great fireworks display. I'm going to have two. Right, Merci? We're going to have two fireworks displays, both ends of the river, right? So, it's going to be great. So, now I have to up the ante on you every once in a while so -- Vice Chair Carollo: Well, in that case, can I bring the pirate ship? Commissioner Diaz de la Portilla: You can, sir. Thank you, guys, again. And thank you, Madam Chairwoman, for indulging me and giving me a few minutes to do this. Chair King: Absolutely. City of Miami Page 49 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 RE.12 RESOLUTION 14081 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO APPROPRIATE AND PAY FROM GENERAL LEDGER ACCOUNT CODE 15500-980000- 882000 THE CITY OF MIAMI'S ("CITY") CONTRIBUTION FOR FISCAL YEAR 2022-2023 TO THE MIAMI MARLINS, L.P., A FOREIGN LIMITED PARTNERSHIP ("OPERATOR") IN THE AMOUNT OF FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($500,000.00) ("CITY CONTRIBUTION") FOR POLICE STAFFING FOR THE 2023 WORLD BASEBALL CLASSIC; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE ANY AND ALL NECESSARY DOCUMENTS WITH THE OPERATOR TO REFLECT THE CITY CONTRIBUTION THERETO AND THE USE OF THE CITY CONTRIBUTION, ALL IN A FORM LEGALLY ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-23-0269 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) 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 minutes referencing Item Number RE.12, please see Item Number RE.1. Chair King: You want to go to RE. 12? Commissioner Diaz de la Portilla: Yes, ma'am. Chair King: Do I have a motion for RE.12? Commissioner Diaz de la Portilla: I'll move it. Vice Chair Carollo: Second. Chair King: All in favor? Victoria Mendez (City Attorney): This one you received a substitution, so as amended. Chair King: Right. Commissioner Covo: As amended. Commissioner Reyes: There is -- in RE.8, we received a substitution. Chair King: Right. But they're -- right, they're not -- no, we 're on RE.12 because you 're not ready for this. Commissioner Reyes: Okay, hold on. City of Miami Page 50 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Chair King: So, I have a motion and a second. Commissioner Reyes: She just informed me that we got -- she has a question. Chair King: Right, we have a motion and a second for RE.12. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. END OF RESOLUTIONS SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 13956 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 31 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS," BY CREATING ARTICLE VII, TITLED "RETAIL HEMP ESTABLISHMENTS AND SMOKE SHOPS," REGULATING ESTABLISHMENTS ENGAGED IN THE SALE AND DISTRIBUTION OF HEMP EXTRACT PRODUCTS AND PROVIDING DEFINITIONS, MINIMUM REQUIREMENTS AND STANDARDS, LABELING REQUIREMENTS FOR HEMP EXTRACT PRODUCTS PURSUANT TO FLORIDA STATUTES, DISTRIBUTION AND SALES OF PRODUCTS TO CUSTOMERS, DISTANCE REQUIREMENTS, WINDOWS, LIGHTING, SIGNAGE, CLOSED-CIRCUIT VIDEO SURVEILLANCE SYSTEM, CAUSE FOR WARRANTS PENALTIES, AND CUMULATIVE REMEDIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14180 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: We are now on second reading. The titles must be read into the record before we can vote. Madam City Attorney, would you please read the titles into the record? Victoria Mendez (City Attorney): SR.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.2 requires a friendly amendment by Madam Chair. Would you like me to read that into the record, Madam Chair? City of Miami Page 51 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Chair King: Please. Ms. Mendez: Okay, the friendly amendment for this item is that it does not include simply yelling. So, the amendment is engages in disruptive conduct, including but not limited to loud and aggressive behavior, physical altercations or persistent and excessive shouting with the intent and effect of impeding or disrupting the lawful use of the City park by one or more other persons. So, that's the section that we're amending, which is -- Commissioner Reyes: That's a good amendment. I -- it clarifies and it makes it better. Commissioner Covo: Madam Chair, I also have a question regarding this item. That's why I pulled it because I want to put this into the record. When I was briefed on this one, I said that I would co-sponsor it. It was Manolo 's -- Commissioner Reyes: Yes. Commissioner Covo: Because I've been seeing what is happening on social media right now, that they're saying that I was the main sponsor. So, just for clarification, when I was briefed, I understood that this was violence in parks, that this was a situation in where we could have like real misconduct. Commissioner Reyes: Yes. Commissioner Covo: And I am getting information that it could limit free speech and protests in parks. And that's why I have a conflict now with it. So when the meeting started, I clearly said, I no longer want to sponsor it or co-sponsor it. And I just want to leave that clear. For me it leaves an opening, and of course, for me free speech is extremely important and the ability to have a peaceful protest as well. So, I just wanted to leave that clear. Chair King: But the friendly amendment that was just proposed, the language that I proposed addresses your -- Commissioner Reyes: Your concern. Chair King: -- your concerns. There 's at no point will I want to impede anyone 's freedom of speech. If you 'd like to hear the language again -- Commissioner Covo: Yeah, let's do it one more time and that's -- Chair King: Victoria. Commissioner Reyes: And I want -- let me -- Commissioner Covo: Because I want to be clear, Madam Chair, and thank you for that. Commissioner Reyes: Let me clam this. Coming from a country that does not allow free speech, I will never propose any legislation that curtail free speech. But this is in order -- I mean, with this amendment, it takes away any doubt about free speech. What I don 't want in the parks, it is -- and what we have seen, that they are disruptive, they can get into violence or anything that it goes against the safety of the people that are using the parks. City of Miami Page 52 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Commissioner Covo: So, let's just read one more time the amendment. I have it here. (COMMENTS MADE OFF THE RECORD) Commissioner Covo: Okay, perfect. Chair King: Victoria, can you read it again out loud? Commissioner Covo: Oh, you want it back? I thought you had a copy. Ms. Mendez: Engages in disruptive conduct, including but not limited to loud and aggressive behavior. Before Commissioner Covo was concerned as the Chairwoman with the "or," so now it's "and." Loud and aggressive behavior, physical altercations or persistent and excessive shouting with the intent and effect of impeding or disrupting the lawful use of a City park by one or more other persons. So, before it was much broader and this -- thank you, Chairwoman, for offering these amendments. Chair King: So, I have a motion and a second. All in favor? Todd B. Hannon (City Clerk): Chair, Chair, I don 't -- so right now we just finished reading the title for SR.1 and we finished reading the title for SR.2? Ms. Mendez: No, I have to read the title for SR.2 -- Mr. Hannon: Okay. Ms. Mendez: -- because we started speaking about the amendments. Mr. Hannon: Correct. Ms. Mendez: Thank you -- Chair King: Okay. Ms. Mendez: -- Mr. Clerk. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: As amended. Chair King: Can you read SR.3? Ms. Mendez: SR.3. The Ordinance was read by title into the public record by the City Attorney. Chair King: Do I have a motion and a second for the second reading items? Commissioner Reyes: Motion. Commissioner Diaz de la Portilla: Second. Commissioner Covo: For SR.2, I'm still going to vote no. Chair King: It's okay. Commissioner Covo: I just wanted to let you know. City of Miami Page 53 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Commissioner Reyes: Okay. Mr. Hannon: So then the block vote should be on SR.1 and 3. Chair King: And 3? Mr. Hannon: Yes, and then we'll do a separate vote for SR.2. Commissioner Diaz de la Portilla: So, I'll move SR.1 and 3. Chair King: Second? Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. SR.2 ORDINANCE Second Reading 14011 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PARKS AND RECREATION/IN GENERAL," BY CREATING SECTION 38-14, TITLED "DISORDERLY CONDUCT IN PARKS PROHIBITED," TO PROHIBIT DISORDERLY CONDUCT IN CITY OF MIAMI PARKS; PROVIDING FOR DEFINITIONS; PROVIDING FOR PENALTIES AND ENFORCEMENT; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO IMPLEMENT THIS ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14181 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes NAYS: Covo Note for the Record: For additional minutes referencing Item Number SR.2, please see "Order of the Day," and "Public Comments for all Item(s)," and Item Number SR.1. Commissioner Diaz de la Portilla: I'll move SR. 2. Commissioner Reyes: Second. Chair King: All in favor? Commissioner Diaz de la Portilla: Aye. City of Miami Page 54 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Commissioner Covo: No. Commissioner Reyes: Aye. Chair King: Aye. SR.3 ORDINANCE Second Reading 14018 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 39/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PEDDLERS AND ITINERANT VENDORS/SIDEWALK AND STREET VENDORS," TO REGULATE THE SALE OF CERTAIN ITEMS BY PEDDLERS, ADDING DEFINITIONS AND REGULATIONS AND PROVIDING PENALTIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14182 MOTION TO: Adopt RESULT: ADOPTED 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 minutes referencing Item Number SR.3, please see "Public Comments for all Item(s)," and Item Number SR.1. END OF SECOND READING ORDINANCES City of Miami Page 55 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 DI.1 13917 Department of Finance DI - DISCUSSION ITEM DISCUSSION ITEM A PRESENTATION BY THE CITY'S EXTERNAL AUDITORS, RSM US LLP, TO THE MAYOR AND CITY COMMISSION OF THE CITY'S 2022 COMPREHENSIVE ANNUAL FINANCIAL REPORT, SINGLE AUDIT, AND MANAGEMENT LETTER. ` RESULT: DISCUSSED Chair King: At this time, I'd like to go a bit out of order and ask to have DI.1 heard. It's a presentation from our external auditors. Good morning. Bob Feldmann: Good morning, Honorable Chairwoman and other members of the City Commission. I have the pleasure of presenting the results of your 2022 audit, and I guess I just want to start off by saying the results of our audit are expressed through our opinion on your financial statements. That opinion was an unmodified opinion, or what we call a clean opinion. It's the highest level of assurance we can give you on the City's financial statements. A part of our audit also includes evaluating compliance with the City's financial integrity ordinance as well. Again, the City was in full compliance with required ordinance as well. The City is a recipient of both federal and grant -- federal grants as well as state grants. When expenditures of those grant fundings are received and exceed certain thresholds, we're required to do certain testing. Again, the results of our testing had no items of noncompliance, so again, a very positive result. The state auditor general requires us to actually issue a management letter. Again, there were no current year findings to report, so again, very clean. And just some other additional required communications. We didn't have any adjustments, no audit adjustments that are made to your audit. That 's not common for governments. It 's a tribute to the staff that you have here, so I just wanted to point that out. We had no significant issues whatsoever or disagreements with management, no significant difficulties that we encountered during the audit; it was a very smooth process. And finally, I just want to thank Erica Paschal and her team for their help in making the process very smooth. So, I'll be happy to address any questions you have. Chair King: I don 't have anything. Thank you. Todd B. Hannon (City Clerk): Chair -- Chair King: Thank you. Mr. Hannon: -- I just have to have the speaker's name for the record. Sir, if you could just state your name for the record. Mr. Feldmann: Yes, my name is Bob Feldmann. Mr. Hannon: Thank you, sir. Mr. Feldmann: I'm a partner with RSM US LLP. Mr. Hannon: Thank you. Mr. Feldmann: Thank you. City of Miami Page 56 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Chair King: Thank you so much. Commissioner Reyes: Thank you. Thank you very much. Good news. END OF DISCUSSION ITEM City of Miami Page 57 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 BC.1 8938 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AFFORDABLE HOMEOWNERSHIP LOAN PROGRAM TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item BC.1 was continued to the July 13, 2023, City Commission Meeting. Chair King: I believe there's a desire by the body to defer the board appointments. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: That's correct. Chair King: I have a motion? Commissioner Diaz de la Portilla: I'll move it. Commissioner Covo: I'll second. Chair King: Second. All in favor? The Commission (Collectively): Aye. City of Miami Page 58 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 BC.2 13495 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ART IN PUBLIC PLACES BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate At -Large) (Alternate At -Large) NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Christine King Commission -At -Large Commission -At -Large Commission -At -Large Commission -At -Large MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item BC.2 was continued to the July 13, 2023, City Commission Meeting. Note for the Record: For minutes referring to Item Number BC 2, please see Item Number BC.1. City of Miami Page 59 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 BC.3 14039 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item BC.3 was continued to the July 13, 2023, City Commission Meeting. Note for the Record: For minutes referring to Item Number BC.3, please see Item Number BC.1. City of Miami Page 60 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 BC.4 6672 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item BC.4 was continued to the July 13, 2023, City Commission Meeting. Note for the Record: For minutes referring to Item Number BC.4, please see Item Number BC.1. City of Miami Page 61 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 BC.5 13708 Office of the City Clerk BC.6 13122 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commission -At -Large Commission -At -Large MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item BC.5 was continued to the July 13, 2023, City Commission Meeting. Note for the Record: For minutes referring to Item Number BC.5, please see Item Number BG1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gabriel Paez Civilian Investigative Panel City of Miami Page 62 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 BC.7 13408 Office of the City Clerk MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item BC 6 was continued to the July 13, 2023, City Commission Meeting. Note for the Record: For minutes referring to Item Number BC.6, please see Item Number BC.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commission -At -Large MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item BC.7 was continued to the July 13, 2023, City Commission Meeting. Note for the Record: For minutes referring to Item Number BC.7, please see Item Number BC.1. City of Miami Page 63 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 BC.8 6958 Office of the City Clerk BC.9 14040 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item BC.8 was continued to the July 13, 2023, City Commission Meeting. Note for the Record: For minutes referring to Item Number BC.8, please see Item Number BG1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Sabina Covo Commissioner Manolo Reyes Commission -At -Large City of Miami Page 64 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 BC.10 14041 Office of the City Clerk MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item BC 9 was continued to the July 13, 2023, City Commission Meeting. Note for the Record: For minutes referring to Item Number BC.9, please see Item Number BC.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN AND QUALITY OF LIFE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item BC.10 was continued to the July 13, 2023, City Commission Meeting. Note for the Record: For minutes referring to Item Number BC.10, please see Item Number BC.1. City of Miami Page 65 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 BC.11 14042 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item BC.11 was continued to the July 13, 2023, City Commission Meeting. Note for the Record: For minutes referring to Item Number BC.11, please see Item Number BC.1. City of Miami Page 66 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 BC.12 5976 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King IAFF FOP AFSCME 1907 AFSCME 871 MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item BC.12 was continued to the July 13, 2023, City Commission Meeting. Note for the Record: For minutes referring to Item Number BC.12, please see Item Number BC.1. City of Miami Page 67 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 BC.13 13125 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item BC.13 was continued to the July 13, 2023, City Commission Meeting. Note for the Record: For minutes referring to Item Number BC.13, please see Item Number BC.1. City of Miami Page 68 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 BC.14 7963 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item BC.14 was continued to the July 13, 2023, City Commission Meeting. Note for the Record: For minutes referring to Item Number BC.14, please see Item Number BC.1. City of Miami Page 69 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 BC.15 13714 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER ("LGBTQ") ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Christine King Commission -At -Large MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item BC.15 was continued to the July 13, 2023, City Commission Meeting. Note for the Record: For minutes referring to Item Number BC.15, please see Item Number BC.1. City of Miami Page 70 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 BC.16 8269 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S COUNCIL ON GLOBAL COMPETITIVENESS FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item BC.16 was continued to the July 13, 2023, City Commission Meeting. Note for the Record: For minutes referring to Item Number BC.16, please see Item Number BC.1. City of Miami Page 71 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 BC.17 8805 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item BC.17 was continued to the July 13, 2023, City Commission Meeting. Note for the Record: For minutes referring to Item Number BC.17, please see Item Number BC.1. City of Miami Page 72 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 BC.18 9270 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI TECHNOLOGY COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large Commission -At -Large MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item BC.18 was continued to the July 13, 2023, City Commission Meeting. Note for the Record: For minutes referring to Item Number BC.18, please see Item Number BC.1. City of Miami Page 73 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 BC.19 14043 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item BC.19 was continued to the July 13, 2023, City Commission Meeting. Note for the Record: For minutes referring to Item Number BC.19, please see Item Number BG1. City of Miami Page 74 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 BC.20 3693 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item BC.20 was continued to the July 13, 2023, City Commission Meeting. Note for the Record: For minutes referring to Item Number BC.20, please see Item Number BC.1. City of Miami Page 75 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 BC.21 11273 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item BC.21 was continued to the July 13, 2023, City Commission Meeting. Note for the Record: For minutes referring to Item Number BC.21, please see Item Number BC.1. City of Miami Page 76 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 BC.22 13716 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Sabina Covo MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item BC.22 was continued to the July 13, 2023, City Commission Meeting. Note for the Record: For minutes referring to Item Number BC.22, please see Item Number BC.1. END OF BOARDS AND COMMITTEES City of Miami Page 77 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 PZ.1 13764 Office of Zoning PART B: PZ - PLANNING AND ZONING ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING / DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-23-029 REVERSING THE ZONING ADMINISTRATOR'S REVOCATION OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") FOR THE PROPERTY LOCATED AT APPROXIMATELY 2500 NORTHWEST 20 STREET, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S REVOCATION OF THE CERTIFICATE OF USE NO. 051780 FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item PZ.1 was continued to the July 13, 2023, City Commission Meeting. Commissioner Diaz de la Portilla: I also would like to defer -- Commissioner Covo: Madam Chairwoman, PZ.2? Chair King: You want to defer PZ.2? Commissioner Covo: No, I want to hear from the applicant. Chair King: Okay, but we haven 't gotten to that yet. Commissioner Covo: Oh, okay. Commissioner Diaz de la Portilla: Can I move to defer PZ.1 ? It's in my district. Chair King: Okay, do I have a motion? Commissioner Covo: I'll second. Vice Chair Carollo: Move. Commissioner Reyes: Move it. Commissioner Covo: Second. City of Miami Page 78 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 PZ.2 13953 Department of Planning Chair King: Motion and second. All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): And Chair, to what date? Is that July 13th? Commissioner Diaz de la Portilla: July 13th. Chair King: PZ.1 has been deferred to July 13th. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN AMENDMENT OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5445 BISCAYNE BOULEVARD AND 5501 BISCAYNE BOULEVARD, 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: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item PZ.2 was continued to the July 13, 2023, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number PZ.2, please see "Public Comments for all Item(s)." Chair King: Which leaves PZ. 2 and PZ.9. Victoria, could you read the title into the record for PZ.9? I -- doesn 't believe that you need to read it for PZ.2. Commissioner Reyes: Madam Chair, when we are voting on this, too, I want separate votes because you know how I feel about the dorms, that they are called co -living. Chair King: Yes, I do. Commissioner Reyes: They have been renamed co -living. Chair King: Co -living spaces. Commissioner Reyes: You see, when I was back in school, they were dorms. There were five people living in the same room. Chair King: Yes, yes. Commissioner Diaz de la Portilla: It 's all in a name. City of Miami Page 79 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Chair King: Yes. Commissioner Reyes: It's all in a name. Chair King: Okay, so do I --? May I --? Commissioner Reyes: We're building dorms around the City of Miami. Commissioner Diaz de la Portilla: It's another world. Chair King: May I have a motion for PZ.2? Victoria Mendez (City Attorney): Well, for PZ.2 -- Commissioner Covo: No, PZ.2 is the one that we're going to hear from the applicant. Chair King: Okay. Ms. Mendez: So, she wanted to discuss it and a Jennings -- Commissioner Covo: I have a Jennings because I've met with them -- him before. Ms. Mendez: And also, we needed to talk about a change that -- Commissioner Covo: So there's a proposed change in language for PZ.2, and I think that he should explain it and we can ask the relevant questions. Because we did get some concerns from the residents of Morningside regarding it. Ben Fernandez: Thank you, Commissioner. Members of the board, Ben Fernandez, 200 South Biscayne Boulevard, on behalf of the applicant, Rosa 55 Morningside, LLC (Limited Liability Company). Staff is recommending approval of these applications. This is also associated with PH.2, which is the request to allow an encroachment over Northeast 55th Street to accommodate the proposed pedestrian bridge that you see in our exhibits. Here, this is a beautiful amenity to the project that the Historic Environmental Preservation Board recommended in favor of. It's not absolutely necessary for the project, but we think it's a great amenity. It's going to be a wayfinding point for the Morningside area and neighborhood, and we will be paying over $97,000 for the right to encroach over this right-of-way and essentially join the two buildings that are on either side of the right-of-way together. Commissioner Covo 's comment is in relation to paragraph C of the proposed amended covenant, where we are suggesting that that language be modified. We heard the concern from some of the residents this morning about parties. This is not intended to be a party venue. This is the upper level roof of a property that is directly across from Soyka. Remember the old Soyka restaurant, now Chica. This is where the whole renaissance of Biscayne Boulevard began in the 90s, and it's the most appropriate place, I think, for, you know, dining, restaurants, and this project has been modified to incorporate 31 residential units as well, over residential. So, we think it's a very good project, and the change to the language in paragraph C would be to say, rather than parties shall not take place after midnight, the language should read commercial use of the roof level shall not extend beyond midnight. Access to the roof level shall be limited to the residential residents of the project after midnight. So, the idea being that until midnight, the roof level can be used by restaurateurs and commercial operations, but after midnight, it will be limited to only the residents of the building. Vice Chair Carollo: Okay, Ben. Mr. Fernandez: Yes, sir. City of Miami Page 80 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Commissioner Diaz de la Portilla: Until when? Vice Chair Carollo: Chair, if I may ask a question. Chair King: Please. Vice Chair Carollo: How do you deal with, for that last hour, between 11:00 p.m. and midnight, where we have an ordinance that does not allow -- Commissioner Reyes: That's right. Vice Chair Carollo: -- any kind of music, whether from radio or a band, and outside of closed doors. Mr. Fernandez: Right. Well, we would, of course, need to abide by the City Code regulations regarding noise and outdoor entertainment. I believe that the standard is that noise can't be clearly audible within 100 feet of the prop -- Vice Chair Carollo: No, no, no, no, no. Mr. Fernandez: No? Vice Chair Carollo: See, this is the game. This is the game that's been played for too long, and the losers are the residents of Miami. That's before 11:00 p.m. But after 11:00 p.m., there's not supposed to be any music, whether audible 100 feet or one block away or two blocks away. Mr. Fernandez: Commissioner, let me just say, it's not our intent to have music. Vice Chair Carollo: There 's none -- Mr. Fernandez: We can add that to the covenant -- Vice Chair Carollo: -- in the City of Miami. Mr. Fernandez: -- and say no music after 11:00. Commissioner Covo: Could we add that to the amendment? Mr. Fernandez: That's not a problem. Vice Chair Carollo: Because if not, what happens is, Commissioner, that there's no enforcement. One of the biggest problems we have in the City of Miami is that we have people that work banker hours. Come Friday evening, Saturday, Sunday, we have very, very little enforcement out there. And you're going to have neighbors calling you -- because it's your district -- nonstop, complaining that no one's doing anything about the noise. So, if this is going to be approved, I suggest you put something, a covenant within the deed that at midnight they absolutely will have no music, whether from a band, whether from a disc jockey, whether from a radio or any electronic gear that puts out music in accordance, and then we put our City ordinance in it. Commissioner Diaz de la Portilla: I have a question. Abiding by the City -- which this appears to be -- go contrary to what our City ordinance is -- Vice Chair Carollo: Yeah. City of Miami Page 81 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Commissioner Diaz de la Portilla: -- the way I read it before I came to the meeting. The question is this -- plus also another component that you brought up, after midnight, the residents, you know, we're going to have 31 residential units, right? The residents can have events up there -- Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: -- until whatever time they want, to the wee hours of the morning, right? Well, potentially, right? Mr. Fernandez: Potentially. Commissioner Diaz de la Portilla: Okay. And what's the purpose of the rooftop? Is it a bar? Is it a --? Mr. Fernandez: It's an outdoor dining seating area, a potential amenity to the restaurant on the ground floor. So, yes, it would be like an outdoor seating area for any restaurant, not a bar -- Commissioner Diaz de la Portilla: Right. Mr. Fernandez: -- but a restaurant. Commissioner Diaz de la Portilla: A restaurant with a bar? Mr. Fernandez: Yes. Commissioner Diaz de la Portilla: Probably, right? Because most restaurants have bars. Mr. Fernandez: Right. Commissioner Diaz de la Portilla: And the thing would be that there will be no ever be any music there. Mr. Fernandez: Well, we said after 11:00, right? Commissioner Diaz de la Portilla: How about if the resident decides -- a resident rents it out or decides to have an event there and -- Commissioner Reyes: Without music. Commissioner Diaz de la Portilla: Without music. Commissioner Reyes: Without music, but it's loud. Commissioner Diaz de la Portilla: We all know that people go to rooftop bars and there can be no music, right? That's why people go there. So, they have dead silence, right? Mr. Fernandez: Well, there 's a difference between loud and tame. Commissioner Diaz de la Portilla: Because nowhere in the world does that happen, right? Because I'm sure you've been to a rooftop restaurant bar, you know, and there's always music. City of Miami Page 82 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Mr. Fernandez: Right. Commissioner Covo: So, I have a question. Commissioner Diaz de la Portilla: I'm finishing mine. So, hypothetically, with what you 're proffering here, you could -- the residents could have a party there until four o 'clock in the morning, hypothetically, correct? Mr. Fernandez: Well, no. Commissioner Reyes: Without music. Commissioner Diaz de la Portilla: Right, without music, of course. Mr. Fernandez: What we 're proffering is -- Commissioner Diaz de la Portilla: Because most parties are without music. I understand. Mr. Fernandez: What we 're proffering is to agree with a limitation because that's not the intention. Chair King: I -- ifI may. I feel that this isn't quite ready to be voted upon. It seems - Commissioner Diaz de la Portilla: I agree. Chair King: It seems like -- Commissioner Diaz de la Portilla: I agree. Chair King: -- there's still some issues that need to be ironed out. I would like -- I have not been briefed on this project at all. Commissioner Diaz de la Portilla: If you move to defer it, I'll second it. Vice Chair Carollo: Move. Chair King: Motion to -- Commissioner Diaz de la Portilla: Okay, yeah, so move it. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: I'll second it. Vice Chair Carollo: Are you okay with that, Commissioner? Commissioner Covo: I'm okay, I'm okay. Commissioner Diaz de la Portilla: It'll come back. Vice Chair Carollo: It's your district. Commissioner Covo: For when do you want to defer it? Can we do it for --? Commissioner Diaz de la Portilla: July 13th? City of Miami Page 83 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Commissioner Covo: July -- okay, for the next Commission meeting. Commissioner Diaz de la Portilla: Yeah. Commissioner Covo: Okay. Commissioner Diaz de la Portilla: Okay. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Okay. PZ.3 ORDINANCE Second Reading 13729 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 "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" AND "LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 14 NORTHWEST 75TH STREET, 7409 NORTHWEST MIAMI COURT, 7450 NORTH MIAMI AVENUE, AND 7401 NORTHWEST MIAMI COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.3 was deferred to the July 27, 2023, City Commission Meeting. Notes for the Record: For minutes referencing Item Number PZ.3, please see "Order of the Day." City of Miami Page 84 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 PZ.4 ORDINANCE Second Reading 13730 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING CODE OF Planning THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R" URBAN CENTER ZONE — RESTRICTED AND "D1" WORK PLACE DISTRICT ZONE TO "T6-8-O", URBAN CORE ZONE — OPEN OF THE PROPERTIES GENERALLY LOCATED AT 14 NORTHWEST 75TH STREET, 7409 NORTHWEST MIAMI COURT, 7450 NORTH MIAMI AVENUE, AND 7401 NORTHWEST MIAMI COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.4 was deferred to the July 27, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.4, please see "Order of the Day." PZ.5 ORDINANCE Second 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: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item PZ.S was continued to the July 13, 2023, City Commission Meeting. City of Miami Page 85 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Note for the Record: For additional minutes referencing Item Number PZ.5, please see "Public Comments for all Item(s)." Chair King: We are now at our PZ (Planning and Zoning) items. I need to say for the record that I'm going to defer PZ.5 and 6 to the next Commission meeting. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: That was already deferred, wasn 't it? Chair King: No, no, no. I -- that wasn 't deferred. Commissioner Diaz de la Portilla: Okay, so I'll move to defer 5 and 6. Victoria Mendez (City Attorney): Madam Chair, I just need to look if 5 and 6 can be the next meeting or if it has a notice issue because of -- give me one second to determine that. Chair King: Okay, well -- Javier Avin6: Madam City Attorney, it wouldn't be able to go because we had this continued previously, and as you stated -- Ms. Mendez: Right, so it would have to be the first meeting in July. Commissioner Diaz de la Portilla: July. Chair King: Okay. Mr. Avin6: If I could, Madam Chairwoman, Javier Avin6, with law offices at 1450 Brickell Avenue, here on behalf of the applicants. This has been continued three prior times, and you all -- before you all took action on first reading last -- last month. Chair King: I'm aware. Mr. Avin6: Yes, and I -- we have met with the neighbors. So, if there's some direction that you can give us -- Chair King: Well -- Mr. Avin6: -- because I want to make sure that when we come back -- Chair King: Yes, the meeting that we passed on first reading, there were no neighbors that spoke out in opposition. And today, neighbors have come and spoken in opposition of this item. And I would like to have them an opportunity. Yep, three -- there -- three people came. Mr. Avino: The same folks actually were here at the last -- at the last meeting. Chair King: No, two others weren 't here. But I want to give them -- I don 't want to rush. Commissioner Diaz de la Portilla: If the chairwoman -- Mr. Avino: And I just want -- Commissioner Diaz de la Portilla: -- if the chairwoman -- City of Miami Page 86 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Mr. Avino: --100 percent -- Commissioner Diaz de la Portilla: I recommend the chairwoman and her district also that you wait a little bit. Mr. Avino: A hundred percent. Commissioner Diaz de la Portilla: Yeah. Mr. Avino: I just wanted to understand -- Chair King: Yes, I -- Mr. Avino: -- if I can have some direction as to what you'd like us -- Chair King: Right, if you could -- Mr. Avino: -- to do between now and the next meeting. Commissioner Diaz de la Portilla: Do not get her on your wrong side, trust me. Mr. Avino: I agree with you, Commissioner. Chair King: No, I would just -- Mr. Avino: Trust me, I'm just -- I'm only seeking direction -- Chair King: I would like -- Mr. Avino: -- from the chairwoman. Chair King: -- I would like for the neighbors that came forward today for you to speak with them, talk to them again -- Mr. Avino: Happy to. Chair King: -- see where we are, see if we can come to a consensus, and we'll take it up again. Mr. Avino: Happy to do that. Chair King: So, it'll be the first meeting in July. Okay, so PZ.4 and 5 have been deferred. Mr. Avino: 5 and 6, Chairwoman. Chair King: I'm sorry, 5 and 6. Commissioner Diaz de la Portilla: 5 and 6, I'm sorry. Chair King: Everyone knows that I'm a little dyslexic. A lot but -- Todd B. Hannon (City Clerk): Chair, my apologies, I didn't hear a vote for PZ.5 and 6. Commissioner Diaz de la Portilla: I move to defer PZ.5 and 6. City of Miami Page 87 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Mr. Hannon: Yes, I have a mover and seconder. I just need a vote. Chair King: All in favor? The Commission (Collectively): Aye. PZ.6 ORDINANCE Second 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. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item PZ.6 was continued to the July 13, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.6, please see "Public Comments for all Item(s)," and Item Number PZ.5. City of Miami Page 88 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 PZ.7 ORDINANCE Second Reading 13731 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 "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 131 NORTHWEST 75TH STREET, 134 NORTHWEST 76TH STREET, 120 NORTHWEST 76TH STREET, 139 NORTHWEST 75TH STREET, 7521 NORTHWEST 1ST COURT, 7531 NORTHWEST 1ST COURT, 115 NORTHWEST 75TH STREET, 7510 NORTHWEST 1ST AVENUE, AND 7522 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.7 was deferred to the July 27, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.7, please see "Order of the Day." City of Miami Page 89 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 PZ.8 ORDINANCE Second Reading 13732 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-R," URBAN CENTER ZONE — RESTRICTED TO "T6-8-O," URBAN CORE ZONE — OPEN, OF THE PROPERTY GENERALLY LOCATED AT 131 NORTHWEST 75TH STREET, 134 NORTHWEST 76TH STREET, 120 NORTHWEST 76TH STREET, 139 NORTHWEST 75TH STREET, 7521 NORTHWEST 1ST COURT, 7531 NORTHWEST 1ST COURT, 115 NORTHWEST 75TH STREET, 7510 NORTHWEST 1ST AVENUE, AND 7522 NORTHWEST 1ST AVENUE , 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: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item PZ.8 was deferred to the July 27, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.8, please see "Order of the Day." PZ.9 ORDINANCE Second Reading 13541 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 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. ENACTMENT NUMBER: 14183 City of Miami Page 90 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo NAYS: Carollo, Reyes Chair King: Victoria, would you please read into the record the title for PZ.9? Commissioner Diaz de la Portilla: Before she does that, you're not meeting your goal of a noon ending. Chair King: I am. Commissioner Diaz de la Portilla: Okay, we'll see. Chair King: This is the last one, PZ.9. Commissioner Diaz de la Portilla: I know, a couple of other items, I think, but go ahead. Commissioner Reyes: Set a record. Commissioner Diaz de la Portilla: Go ahead. Chair King: PZ.9. Victoria Mendez (City Attorney): And I just wanted to clam that Commissioner Covo had mentioned that she had met with -- she had given her Jennings disclosure as well. So, it'll -- Commissioner Covo: (INAUDIBLE). Ms. Mendez: Okay, thank you. With regard to PZ.9, it was hard to find. The Ordinance was read by title into the public record by the City Attorney. Chair King: May I have a motion? Commissioner Diaz de la Portilla: I'll move it. Chair King: Second? Commissioner Reyes: Hold on. Chair King: Can I have a second? Commissioner Covo: Second. Chair King: Second. Commissioner Reyes? Commissioner Reyes: Yes, once again, once again, I am opposing this. And I know, I mean, we learn more about the origin of this every day, but I'm against it because there is -- people don't realize -- and I think that some of you have not realized -- that what we are creating is a bunch, a group of dorms in the City of Miami, where six City of Miami Page 91 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 people are going to be living in the same apartment, sharing their -- the common area, and there is a reduction of 50 percent of the required parking. And we are still now we 're living into the belief or the -- probably we are being -- it's very -- I don't know how that can be achieved when we don't have a decent mass transit system that half of those people, they're not going to use automobiles. And let's say that you have 100 apartments, you're going to have 600 people there living, 600 people; 50 percent of the required, that's going to be only about 300 some parking. I mean, in 100 apartments, it's only 50 -- 50, 60 parking for 600 people. How about if only -- of the 400 -- 550 people that they are -- that they don 't use their -- I mean, they don 't have a parking space, 20 percent only decides to own a car? That's 110 automobiles that they don't have a place to park, and they're going to be parking all over the place, and they're going to create havoc for the community. So, therefore, I vote no to this. Chair King: Okay, I have a motion and a second. All in favor? Commissioner Diaz de la Portilla: Aye. Commissioner Covo: Aye. Chair King: Aye. Vice Chair Carollo: No. Chair King: Motion carries 3 to 2. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 92 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 FL - FUTURE LEGISLATION FL.1 ORDINANCE 13966 Department of Resilience and Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 4/SECTION 2-268 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/DEPARTMENTS/RESILIENCE AND PUBLIC WORKS DEPARTMENT/FEE FOR PREPARATION OF DOCUMENTS CONTAINING COVENANTS TO RUN WITH THE LAND, RIGHT-OF-WAY DEDICATION DEEDS, QUITCLAIM DEEDS, WAIVER OF FEE; FEE FOR PREPARATION OF DOCUMENTS ALLOWING THE USE OF PUBLIC RIGHT-OF-WAY BY PRIVATE ENTITIES; RECORDING FEE," AND CHAPTER 2/ARTICLE IV/DIVISION 4/SECTION 2-269 OF THE CITY CODE, TITLED "CHECKING AND RECORDING PLATS AND ALLEY CLOSURES OR VACATIONS —FEE SCHEDULE; WAIVER OF FEE," TO PROVIDE FOR NEW RESILIENCE AND PUBLIC WORKS DEPARTMENT ("DEPARTMENT") FEES RELATED TO THE PREPARATION AND PROCESSING OF RIGHT OF WAY DEDICATION WAIVERS, AND TO PROVIDE FOR THE PROCESSING OF TOLLING AND EXTENSIONS OF TENTATIVE PLAT APPROVALS; FURTHER AMENDING CHAPTER 54/ARTICLE I/SECTION 54-3 OF THE CITY CODE, TITLED "STREETS AND SIDEWALKS/IN GENERAL/PERMIT REQUIRED FOR WORK THAT OBSTRUCTS OR CLOSES A STREET, SIDEWALK, OR IMPEDES TRAFFIC; FEES; WAIVER OF FEES," AND CHAPTER 54/ARTICLE II/SECTION 54-43 OF THE CITY CODE, TITLED "STREETS AND SIDEWALKS/CONSTRUCTION, EXCAVATION, AND REPAIR/PERMIT FEES FOR RIGHT-OF-WAY OR STREET EXCAVATION, SIDEWALK REPAIR, PAVING OR RESURFACING OF ROADWAY, PARKWAY OR SHOULDER AREA, BUILDING LINE AND GRADE SURVEY, SIDEWALK CONSTRUCTION SURVEY, DRIVEWAY CONSTRUCTION, UTILITY PLACEMENT; UNDERGROUND UTILITY SERVICE CONNECTION EXCAVATION, GROUNDWATER MONITORING WELLS; PERMIT RENEWAL; AFTER -THE -FACT PERMIT, AND INSPECTION/REINSPECTION FEES; WAIVER OF FEES," TO PROVIDE FOR THE PROCESSING AND REVIEW OF RIGHT OF WAY CLOSURE PERMIT EXTENSIONS BY THE DEPARTMENT; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN City of Miami Page 93 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 FL.2 14075 Department of Building FL.3 14076 Department of Building ORDINANCE AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDINGS/UNSAFE STRUCTURES," PROVIDING FOR A ONE (1) YEAR AMNESTY PROGRAM FOR HOMESTEAD EXEMPT AND OWNER -OCCUPIED RESIDENCES WHICH ARE IN BREACH OF UNSAFE STRUCTURE PANEL ORDERS ISSUED PRIOR TO APRIL 15, 2022 AND HAVE NOT ALREADY HAD AN EXTENSION OF TIME HEARING BASED UPON THE PASSAGE OF ORDINANCE NO. 14085; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN ORDINANCE AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ELEVATOR/ESCALATOR FEES AND FINES FOR NONCOMPLIANCE," TO INCLUDE FEES FOR BOILERS AND UNFIRED PRESSURE VESSELS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 94 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 NA.1 14131 City Commission NA.2 14132 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION TO INITIATE THE CONFLICT RESOLUTION PROCEDURES OF CHAPTER 164, FLORIDA STATUTES, PRIOR TO INITIATING COURT PROCEEDINGS OR PROSECUTING ACTION ON A PREVIOUSLY FILED COURT PROCEEDING, TO RESOLVE A CONFLICT BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY REGARDING RESTRICTING CUT -THROUGH VEHICULAR TRAFFIC AT SOUTHWEST 14 AVENUE, SOUTHWEST 16 AVENUE, AND SOUTHWEST 16 COURT AT THE SOUTH INTERSECTION OF SOUTHWEST 22 STREET (CORAL WAY), AND SOUTHWEST 23 STREET AT THE EAST INTERSECTION OF SOUTHWEST 17 AVENUE. ENACTMENT NUMBER: R-23-0260 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 additional minutes referencing Item Number NA.1, please see "Order of the Day," and "Public Comments for all Item(s)." Chair King: And at this time, we are going to -- may I have a motion for Pocket Item 1? Commissioner Reyes: Move it. Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Pocket Item 1 passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, SCHEDULING A SPECIAL CITY COMMISSION MEETING ON WEDNESDAY, JUNE 14, 2023, AT 10:00 A.M., FOR THE PURPOSE OF CONSIDERING AND TAKING ANY AND ALL ACTIONS RELATED TO THE REDISTRICTING OF CITY COMMISSION DISTRICTS, INCLUDING, BUT NOT LIMITED TO, THE DRAFTING AND/OR ADOPTION OF ANY RELATED MAPS AND BOUNDARIES. ENACTMENT NUMBER: R-23-0270 City of Miami Page 95 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Victoria Mendez (City Attorney): Madam Chair. Commissioner Diaz de la Portilla: I have an idea. I have an idea. Chair King: (Comments in Spanish not translated.) Commissioner Diaz de la Portilla: And I want to see what the body thinks. It's a good idea, I think. Chair King: Okay. Commissioner Diaz de la Portilla: Why don 't we combine the redistricting meeting that we have to call, right -- we're going to have to call a special meeting for redistricting because we have court order deadlines. And we have a meeting on a lease scheduled already for Monday, on the Hyatt lease, the HRC lease. We have a special meeting on Monday that's already been scheduled. Chair King: What day is Monday? Commissioner Diaz de la Portilla: The 12th. No, we already -- that's already been scheduled. That's what I'm saying. We combine it to the 14th. Vice Chair Carollo: I don't know ifwe'll be ready (INAUDIBLE). Commissioner Diaz de la Portilla: But for now. If we're not ready, we can always defer it on the 14th. But instead of having two meetings -- my idea is, instead of having two meetings, we have one where we handle both redistricting and the HRC lease. And then if we want to defer the lease, we can do that. Vice Chair Carollo: I think the (INAUDIBLE) -- Commissioner Diaz de la Portilla: It's notice -- just for noticing purposes. Vice Chair Carollo: Well, I understand. Ijust (INAUDIBLE) -- Ms. Mendez: Commissioner, can you speak closer to the mic, I'm sorry. Vice Chair Carollo: We're so tight on time that we're giving to the individuals that we have to do a map and the negotiations, et cetera, that -- Commissioner Reyes: We come back. Vice Chair Carollo: -- we might be undercutting ourselves. So, I prefer to do them separate, because the Hyatt, I don't think is going to be a long type of meeting. Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: Okay, so -- City of Miami Page 96 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 Commissioner Reyes: I agree. I agree with Commissioner Carollo. I think that we should go right ahead with the Hyatt meeting. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: So -- I was just trying to save time, try to do it all in one day, so we don't -- but that's fine, whatever the body wants to do. Ms. Mendez: Okay, so just to clarify, we're keeping the Hyatt meeting on Monday? Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: And we're calling a special Commission meeting on the 14th for redistricting. Unidentified Speaker: In the morning. Commissioner Diaz de la Portilla: In the morning, yes. Ms. Mendez: When -- right, whenever you like. Commissioner Diaz de la Portilla: But the morning is -- Chair King: What time -- what time in the morning? Commissioner Diaz de la Portilla: But the morning is 10 o 'clock. Chair King: Okay, because I'm not going to be here at 8:30 and then no one shows up until 10. Commissioner Diaz de la Portilla: You're going to be here at 8:30 anyway, but let's do it for 10 o'clock. Make sure -- it's redistricting. It's important. Everybody's going to be here. Chair King: 10 o'clock on the 14th. Commissioner Diaz de la Portilla: 10 o 'clock. Commissioner Reyes: Everybody's sleeping. Commissioner Diaz de la Portilla: On the 14th. Commissioner Reyes: Okay. Chair King: Okay. All hearts and minds are united. Commissioner Diaz de la Portilla: Hearts and minds are united until redistricting, until redistricting. Chair King: Todd? Todd B. Hannon (City Clerk): The mover of the resolution scheduling the special meeting for June 14th at 10 a.m. regarding redistricting is? Commissioner Diaz de la Portilla: Alex Diaz de la Portilla. City of Miami Page 97 Printed on 07/25/2023 City Commission Meeting Minutes June 8, 2023 ADJOURNMENT Chair King: The second is Commissioner Reyes. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. At this time -- Unidentified Speaker: Yes. Chair King: -- we shall conclude the City of Miami Commission meeting for June 8th, 2023. Thank you all for coming. Vice Chair Carollo: Congratulations, Chair. I think you made a new record. The meeting adjourned at 11:17 a.m. City of Miami Page 98 Printed on 07/25/2023