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HomeMy WebLinkAboutCC 2023-09-14 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, September 14, 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 September 14, 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 14th day of September 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 09:28 a.m., recessed at 9:36 a.m., reconvened at 9:42 a.m., and adjourned at 11:51 a.m. Note for the Record: Commissioner Covo entered the Commission chambers at 9:30 a.m., Commissioner Reyes entered the Commission chambers at 9:30 a.m., Vice Chair Carollo entered the Commission chambers at 10:26 a.m., and Commissioner Diaz de la Portilla entered the Commission chambers at 10:51 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: And at this time, we are going to start our meeting with prayer. Where 's our pastor? Today I am honored to have my pastor here, Pastor Gaston Smith of the Historic Friendship Missionary Baptist Church, to lead our meeting and prayer. Thank you, Pastor. Invocation delivered. Chair King: Thank you, Pastor. Commissioner Reyes. Pledge of allegiance delivered. Chair King: I don't know if you've noticed, but since I became chair and I have pastors praying at the meetings, our meetings have been so in order and collegial. Prayer changes things. PR - PRESENTATIONS AND PROCLAMATIONS PR.1 14545 PROTOCOL ITEM Honoree Presenter Protocol Item Childhood Cancer Awareness Month Mayor and Commissioners Proclamation Steve Atkins Mayor and Commissioners Commendation Hunger Action Month Mayor and Commissioners Proclamation National Diaper Need Awareness Week Mayor and Commissioners Proclamation The International SeaKeepers Society Mayor and Commissioners Commendation City of Miami Page 1 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 RESULT: PRESENTED Chair King: We're going to begin the segment of our meeting where we recognize important issues and persons in the community. Presentations made. 1) Mayor Suarez and Commissioners presented a Proclamation to proclaim the month of September as "National Childhood Cancer Awareness" month in the City of Miami. September has been designated National Childhood Cancer Awareness Month to honor those children whose lives have been lost and those irrevocably impacted by this terrible illness, and to strengthen the nation's resolve to search. for a cure. Cancer is the leading cause of death by disease among U.S. children between infancy and 15 years of age and one in every 260 children in the U.S. will be diagnosed with cancer before the age of twenty. Childhood Cancers cross all racial, ethnic, geographic, and socioeconomic backgrounds, and each year tens of thousands of children face the battle of cancer with incredible bravery and inspiring hope. While progress against some childhood cancers has been made, cure rates. for many forms of Childhood Cancer remain less than 50%, with the incidence of Childhood Cancers increasing at a more rapid rate than any other age group. The disease not only affects the child diagnosed with cancer, but also their entire support network of devoted parents, grandparents, loved ones, and friends. The City of Miami recognizes the devastating impact that this disease has on members of our community and the importance of increased research on Childhood Cancer. Elected Officials paused in their deliberation to recognize burdens are shared by countless dedicated healthcare professionals, organizations, charities, and parent advocacy groups that support patients and families by offering advice, encouragement, hope, and financial assistance, and work tirelessly to lift the spirits of children suffering from cancer and promoting awareness. 2) Mayor Suarez and Commissioners presented a Commendation to Steve Atkins. from MDGLCC Greater Miami LGBTQ Chamber of Commerce. The MDGLCC received the prestigious recognition as the 2023 Affiliate Chamber of the Year by the National LGBT Chamber of Commerce (NGLCC) and this highly coveted award underscores NDDGLCC's unwavering commitment to promoting diversity, equity, and inclusion, while fostering economic growth and empowerment within the LGBTQ business community. The Greater Miami LGBTQ Chamber of Commerce is the largest not - for -profit corporation in the county for gay and lesbian businesses since 1999, in addition the National LGBT Chamber of Commerce's Affiliate Chamber of the Year award recognizes chambers that have demonstrated outstanding commitment to their members and their broader communities. Elected Officials paused in their deliberations to commend and recognize Steve Atkins and the Greater Miami LGBTQ Chamber of Commerce's tireless efforts to promote LGBTQ+ business success, advance inclusivity, and support economic development in the City of Miami. 3) Mayor Suarez and Commissioners presented a Proclamation to promote Hunger Action Month. Since 1981 Feeding South Florida® has worked to end hunger in the City of Miami by providing our community in need with immediate access to nutritious food. In South Florida approximately one million individuals face hunger. Feeding South Florida leads hunger and poverty advocacy efforts in our community while transforming lives through innovative programming and education that provides economic growth and overall well-being. The City of Miami is therefore committed to supporting Feeding South Florida, so that together we can achieve a hunger free South Florida. Elected Officials paused in their deliberations to City of Miami Page 2 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 commend and proclaim the month of September 2023 as `Hunger Action Month" in the City of Miami. 4) Mayor Suarez and Commissioners presented a Proclamation to promote Diaper Needs Awareness Week. Diaper need is a condition of not having a sufficient supply of clean diapers to keep babies and toddlers clean, dry, and healthy, which can adversely affect the health and well-being of Babies and their families. The City of Miami recognizes that diaper need is a public health issue and addressing the issue will improve the health and economic opportunity of families and communities in the State of Florida by ensuring all families have access to sufficient diaper supplies required to thrive and reach their full potential. Elected Officials paused in their deliberations to proclaim the week of September 18 to September 24, 2023, as "Diaper Needs Awareness Week" in the City ofMiami. 5) Mayor Suarez and Commissioners presented a Commendation to The International SeaKeepers Society. The International SeaKeepers Society promotes oceanographic research, conservation, and education through direct involvement with the yachting community. Providing educational resources and .firsthand marine science experiences to students is the primary. focus. for ensuring the. future well-being of our planet. SeaKeepers enable the yachting community to take full advantage of their unique potential to advance marine sciences and raise awareness about global ocean issues. Members of SeaKeepers include influential opinion leaders who believe that the best way to protect the environment is to protect the world's oceans. Their members recognize the oceans' critical importance to the life of our planet. SeaKeepers are thus deeply committed to finding real -world solutions to the problems now plaguing our seas. The small but distinguished membership includes entrepreneurs, yachtsmen, corporations, divers, scientists, and concerned citizens building a global movement to help restore and protect the world's oceans. As a private/public collaborative effort, SeaKeepers .focuses on critical ocean issues in cooperation with government agencies, other like-minded organizations, the academic community, and the public. International SeaKeepers Society supports marine science and conservation by utilizing privately owned yachts as platforms, for oceanographic research, educational outreach, and marine conservation. Elected Officials paused in their deliberations to pay tribute and recognize The International SeaKeepers Society for their efforts in community involvement while elevating the quality of life for the residents of the City of Miami. PUBLIC COMMENT PERIOD FOR ALL ITEM(S) 14662 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE SEPTEMBER 14, 2023, CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: We may now begin our public comment section. If there's anyone here that would like to speak on anything on this agenda, please step to the lecterns, the podiums. Good morning. Chris White: Good morning. How are you, Madam Chairman? City of Miami Page 3 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Chair King: Good, good. Mr. White: My name is Chris White. I'm the CEO (Chief Executive Officer) and founder of RollKall Technologies. My address is 600 Las Colinas Boulevard, Irving, Texas, 75039. I have an item coming before the Commission later this morning, and I wanted to take an opportunity to just extend my gratitude and appreciation. We 've been working with the City now for almost three years after, you know, a public procurement RFP (Request for Proposals) process in 2021. Our company was awarded the -- or made -- I'm assuming, we received a recommendation from the City Manager's Office for the award of the RFP. When we began working with the Police Department and Chief Morales, we understood that the way your community represents with the police department here in Miami is unique with any other department we've worked with in the country. And there were some specific requests that the City needed done. And so we have collaborated with them over the last 21 months, very proudly to do so and provide a solution that we feel serves the City. And I'll tell you, we work from Honolulu to Pittsburgh, and every time I come to Miami and every conversation I have with you and your department, you show up different. It is fantastic in how your community works with your law enforcement agencies, and this has been a long process, but it should be. These are important conversations to have, and I've just been honored to be a part of them. So, thank you very much. Chair King: Thank you. Good morning. Edward Martos: Good morning, Chairwoman and Commissioners. Thank you very much for this opportunity. Edward Martos, office at 2800 Ponce de Leon Boulevard. I'm here on behalf of Extra Duty Solutions. We're the top competitor to RollKall, the gentleman who just spoke as their CEO, and I'm here to ask that you decline PH.5. The reason for that is very simple. Your City Code allows the waiver of RFPs, of competitive bidding, in only one circumstance, where an RFP is not practical, and where it's advantageous to the City. I've submitted to you all by email, to all of your offices, a correspondence from my client stating unequivocally that we have offered better pricing, not just to the City Administration, but to the police officers and to the businesses that operate in the City of Miami. When I say the police officers, I mean that RollKall 's proposal, it's actually in their contract, includes multiple hidden fees. If a police officer wants to be paid within 24 hours of the job, RollKall charges them. We do not. If a police officer or a business wants additional optional workers compensation, RollKall charges them. We do not. Perhaps most important of all, we are accountable. And you know that my client's offer will create accountability because our standard contract provides for a month -to -month contract. RollKall's proposing initially a five-year contract and now a three-year contract. Their goal is to get in and to stay in and to charge the City more. That 's fundamentally it. So, our ask is very simple. Do an RFP. It's what the law requires and it's what's best for the City. Thank you so much. Chair King: Thank you. I think you used already a minute of your time. Eddy Leal: It'll be 30 seconds. Chair King: Okay. Mr. Leal: Good morning. Eddy Leal, 1420 Brickell Bay Drive. I was not about to speak, but I heard that there were multiple pocket items. And I want to offer this as a proposal, because from what I understood, some of them apparently are first readings of ordinance and it is rather unusual to have a pocket item as an emergency item on a pocket item that hasn 't been printed on the agenda. And if the Commission is going to do that, I would suggest that you would have printed versions of what is actually City of Miami Page 4 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 being considered because if you care about transparency and having an opportunity to actually address it. Unsafe structure, which Commissioner has brought, it is a very sensitive and delicate topic as it is affecting many communities from residential to condos and it might be a wonderful idea, but it would be nice for someone to actually listen, hear it, and review it. I know there's a number of them. Emergencies do happen, but I would encourage you have the documentation so we can review it. Otherwise, what comment can we provide? We really can't because we don't know what you're doing. So, respectfully, if you 're going to consider emergency ordinance of this nature, you would have copies for the public to at least review them or just don't do them, put them on the agenda and we'll have an opportunity to review them. Humbly submit that because I've been here before and it's a bit frustrating because it takes a while to get a record and then what's the final version of it and you 're voting on it, and then you come and say -- ask for comments. I can't make any comments because I haven't had an opportunity to review it. And it might be a wonderful idea, Commissioner. I have no idea, but by putting it this way, it impedes our ability to even have any idea of what's happening. Chair King: Okay. Mr. Leal: Thank you. Chair King: Noted, thank you. Mr. Leal: Thank you. And I would formally request a copy of what 's being considered. I'm happy to wait for it because I know it 's somewhere around here. Thank you. Commissioner Reyes: Madam City Attorney. Could Todd --? Commissioner Covo: Can he get a copy now? Commissioner Reyes: Could you comply and have copies of it and just distribute it? Todd B. Hannon (City Clerk): IfI have it, yes, sir. Commissioner Reyes: Yes. Commissioner Covo: Of course. Chair King: Thank you. Commissioner Reyes: If what? Chair King: Thank you. Mr. Leal: Thank you. Chair King: Good morning. Yanina Barrington: Hi, good morning. My name is Yanina Barrington. Thank you for having me here. I'm new. I don't really know how to do this. But I wanted to -- Commissioner Reyes: Oh, you 're doing fine. You're doing fine. Don 't worry about it. Ms. Barrington: I wanted to share this with you. I live in Little River, and I am an advocate to our waters and our beautiful bay. We are having issues with illegal charters, boat charters specifically. We have, for many years, this is just what I put City of Miami Page 5 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 last night. These are just in a two -block radius. These are listings of illegal charters. None of these have a CU, like a certificate of use, for a reason. They're coming out of residences. They have jet skis, all kinds of vessels, and what we are having issues is Code Enforcement does not have eyes and manpower on the water because they can 't witness where they 're coming from. So, there should be -- I'm asking for some sort of meeting between water -- police patrol on the water, Coast Guard, and Code Enforcement. At the same time, they can 't witness this on the water. So, we do have cameras, pictures that they can take ours, or somehow have presence on the water to stop these illegal charters. Chair King: I'm going to ask my legislative aide to speak with you, because you actually are in my district. His name is Diego. We're going to get him, if you can hang around a bit so you could talk to him a little bit more about that, because I'm concerned with the same thing. We passed an ordinance for Miami -Dade County to take some action with respect to Bird Key because there's a big something proposed that will be on the bay. So, if you can just hang out for a second and speak to my legislative aide. Ms. Barrington: Thank you. Chair King: Thank you. Thank you for coming. Commissioner Reyes: Can I also add that we already had a meeting at our office with everybody you mentioned, including our state senator, which is very, very much, I mean, in favor of additional and strict laws, you see, Ileana Garcia. She has been very, very vocal about it. And we met, and the police chief was there. The police officers, the patrol, they were there. And I think that they have a strategy to work. And listen, this is a problem that goes all around the river, you see. Ms. Barrington: We 're a coastal city, but Code Enforcement is not on the water. Commissioner Reyes: That's right. Ms. Barrington: So, that's our problem. Commissioner Reyes: And that is a problem and that has to be corrected. Because it is like hell for the residents. That everybody that lives along the river, it is like hell. The way that people are boating using their own docks. And I mean, it is a huge problem that we have to address and you have our support, the whole community, the whole Commission 's support. Ms. Barrington: Thank you. Commissioner Covo: Yeah, we're going through the same in -- Commissioner Reyes: Okay. Ms. Barrington: Thank you. Commissioner Covo: -- Morningside and downtown. Commissioner Reyes: That 's right. Commissioner Covo: And we're pretty supportive. Commissioner Reyes: That's right. City of Miami Page 6 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Albert Gomez: Good morning, 3566 Vista Court, Albert Gomez. Chair King: Good morning, how are you? Mr. Gomez: Can't complain. I wholly support you guys doing something about this illegal charter situation. They don't respect the manatee slow zones. They're launching from Morningside Park. There's a lot of stuff going on that we need to take a handle on that. The RE.3, there's an exhibit included on the agenda, but the exhibit is not included. It doesn't show the project details. I would love -- it's $91 million, and we don 't have project details. So -- Commissioner Covo: For which one? Mr. Gomez: For RE.3. Commissioner Covo: RE.3? Mr. Gomez: Yeah, so I would love to dig into that because I was at the Miami Forever Bond meetings and the project details weren't included there as well. So, I know that the bond board was looking for that. It 's being presented to be passed. And I'm super excited about flood protection. I am very passionate about that. I also support RE.5 and RE.9. The pocket item that 's on the agenda today is a six year project I've been working on. I've been eight times to the CRC (Climate Resilience Committee) and five times here to discuss this project. It 's on Bayshore Lane. Over 80 homes were flooded in my neighborhood, so we brought Brizaga, Savino & Miller, University of Miami, FIU (Florida International University), and a broad array of scientists and specialists in flood protection to develop a berm park that gives protection against flood in our neighborhood. Right now, it's a low-lying park with 19 to 20 foot walls on each side of the park which create a conveyance and we basically get a projected fire hose every time it overtakes the bulkhead. So, this is the lowest level that we could do in an amenity and support -- in bettering that park, but also protecting for flood protection. I would really appreciate it. We have over 400 inputs from the community. We 've had five charrettes with the community. We've done our job here. This is to -- Chair King: Thank you. Mr. Gomez: -- get this operationalized, all right? Chair King: Thank you. Mr. Gomez: Not a problem. Chair King: Thank you. Mr. Martos: I am just inserting this to the record. This is for PH.5. I'm Edward Martos. Thank you. Chair King: Okay, give it to the City Clerk. Good morning. [Later... Chair King: Good morning, sir. Bruce Matheson: Good morning, Bruce Matheson, speaking on FR.2, no net loss of parkland. You can have a 20-acre park with ball fields, swimming pool and tennis courts, and the way it 's written now, it can be replaced with forty 20,000 square foot parks. That is not fair and equitable to the citizens of Miami. Thank you. City of Miami Page 7 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Chair King: Thank you. Good morning. Good morning, Madam Holmes. Renita Holmes: Good morning. I was trying to give him the advantage so I could shake this bad leg. But I think what I have to say may correspond to me. May I allow him that, Madam Chair, to give his presentation first? Chair King: Sure. Ms. Holmes: Thank you. Chair King: Good morning. How are you? Roger Horne: Thank you, good morning -- Chair King: Good to see you. Mr. Horne: -- Madam Chairwoman. Same here. Roger Horne, 54 Northeast 99th Street, Miami Shores. Oh, sorry. I'm here on behalf of Item PH.3, which is the designation of two city lots for an urban farm in Liberty City, Miami. We've been working these lots for 12 years, and this offers an opportunity for us to really have some security in expanding our programs and knowing that the lots aren 't going to be taken away from us. So, we appreciate you having us out here. I have some reading materials for you. And our new push this year is food as medicine or nutrition as medicine. So, with all of the different health issues that we see coming up, especially with our communities and food security, we think this offers a great opportunity for us to expand our operations, teach young people more about agriculture and about nutrition and how to improve their communities through these efforts. Thank you so much. Chair King: And one question, how did this come to be on the Commission's radar? Mr. Horne: Well, myself and Mrs. Robinson over there came up to one of your weekly meetings -- Chair King: Constituent Tuesday. Mr. Horne: -- and after meeting on Constituent Tuesdays, and we presented it and now we're here. Thank you so much. Chair King: Thank you. Yes, they came to me during one of my Constituent Tuesdays and shared the wonderful work that they were doing with the community garden and food as medicine. And I heard them, and that is why I am making it so that they don 't have to worry about these lots being taken away from them. And Liberty City will have food. They're going to teach our children about the benefits of gardening and growing their own fruits and vegetables, and how food is transformative, and it is healing. So, I'm so proud to bring this for our community. Thank you. And thank you for coming to see me. Commissioner Covo: Madam Chair, and I want to make a comment. I'm so jealous, because the first day when I came into office, I used to work for the Florida Department of Agriculture. And I asked the City, help me find land for a community garden. That if you guys go online and you see the one that they have in Riviera Beach, which is co -sponsored with West Palm Beach, with the County, with Home Depot, and with all the volunteers, it 's actually a community center. So, when I saw the item, I was like, "Hmm, why can Madam Chair King get the land and I cannot?" So, Madam Attorney, promise me something. City of Miami Page 8 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Victoria Mendez (City Attorney): So, we've been looking at the list of lands with the County to see if there are any available and CD (Community Development) has been scouring -- you know, scouring their list. So, there weren't any available ones in D2 (District 2), but we are continuing to look -- the Administration and the City Attorney's Office -- to find you something. If there's anyone out there that would like to donate land to the City for a community garden in District 2 -- Commissioner Covo: I've been asking. Ms. Mendez: -- we're happy to accept. Chair King: It's an amazing project. Mr. Horne: And when you 're ready, we're more than happy to help and assist with the setup. Chair King: It's an -- Commissioner Covo: I'll visit you and I'll volunteer and I'll help -- Chair King: It's an -- Commissioner Covo: -- in the meantime. Chair King: -- it's an amazing project. Thank you. Good morning. Ms. Holmes: Good morning, Madam Renita Holmes, District 5. I'm just calling -- coming in concern and expressing my gratitude for the conversation that 's been initiated, but if you don't mind, I just wanted to thank this young man because when he came to Liberty City and he opened up a whole new avenue about health and, you know, being in a cement city. And the community started growing, a lot of us started paying attention. We began to utilize the land in a way that it directly gave back. So, I really want to thank you for awakening folks and showing us and actually allowing us hands-on when that was not weed and seed by then it was project safe neighborhoods. And so at that time, Commissioner and Madam Chair, we were utilizing the youth in the area to clean those lots when they were overloaded, and we were really actually making a workforce. And in your conversation, it will lead to (UNINTELLIGIBLE) on Item CA.10, and in your discussion about what type of services are being offered, I'm here to tell you that there's so many other innovative, if not disruptive, logic modules of programming and service in which you utilize homeless persons and persons with disability. Well, why I say that to you? Because that 's been the life of my existence. As the first green building program that provided services to the community in Liberty City on MLK (Martin Luther King) Boulevard years ago, no one even understood what that was about. But we had seniors and persons with disability and those men, mostly men, only one woman, that participated in our work training and we talked about wellness and healthy, happy homes, and they graduated. And many of them got newer jobs. They had more understanding about construction, about bettering your home, about window insulation, about clean water, about clean air, and about gardening, small gardens. So, now we see that as a part of every new housing, particularly when they talk about community land trust, you see that garden and we learn about nutrition, we learn about land use. But with the conversation on CA.10 and the Homeless Trust -- Chair King: Thank you. City of Miami Page 9 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Ms. Holmes: In closing -- yes, I'm sorry, I got stuck there. I really would like you to have a discussion about being innovative, considering the issues of neurodiversity of the people that you're talking about educating and communicating in a way and doing outreach in a way they can participate because it -- Chair King: Thank you. Ms. Holmes: -- would change things -- Chair King: Thank you. M. Holmes: -- a whole lot just like he's doing to change things. Chair King: Thank you. Ms. Holmes: Feed the body and the spirit, okay. Chair King: Thank you. Ms. Holmes: It's good to see you, Commissioner Carollo. See you later. Chair King: Good morning. Ms. Mendez: Madam Chair? Chair King: Yes. Ms. Mendez: Really quick, I think Mr. Gomez had brought up a concern about the attachments in RE.3, and they are there so we printed it for you so that you can have it, but all the projects are there. Okay, thank you so much. Chair King: Good morning. Loren Granoff Good morning, Madam Chair, Commission. My name is Loren Granoff. I'm an attorney. My address is 3250 Northeast 1st Avenue, Suite 334, Miami 33137. This is on a mitigation item, RE.6, within the Chair's district. And ifI may -- Chair King: You will get a chance to speak when that item comes up. Mr. Granoff Pardon? Chair King: You'll get a chance to speak when that item comes up, so you don't have to speak right now for public comment. Mr. Granoff Okay. Chair King: Okay? Mr. Granoff Thank you. Chair King: Thank you. Mr. Granoff Thank you. Chair King: Good morning. City of Miami Page 10 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Maji Ramos: Good morning. My issue was not on the agenda, but it's a very timely issue. I won 't go into my whole presentation, but if I can just share one part, one point. It's for the Morningside Rookery. Thank you, by the way, for, you know, making that -- everybody voted a unanimous vote for protecting the rookery. Sadly, we've got seven birds that were killed in the last two weeks. So, I didn't want to wait another month because if God knows how many more birds would be killed. And they're being -- from what we can tell, we are monitoring the rookery. It 's from fishing lines and also from jet skis. Or actually, we're not sure if it's a jet ski or a motorboat. But there's been this -- it's a very -- and I have a slideshow, but I don't -- I could save it for -- Commissioner Covo: I saw the photos. It's so sad what's happening. Ms. Ramos: I will be -- Commissioner Covo: We got the signage -- so I asked the Administration, we got the signage, but that's not enough. Ms. Ramos: No. Commissioner Covo: So, what we did is that we're also working with the County. And I encourage that we send emails to our bay officer, to Irela, and that we continue advocating to see what exactly could be done. Ms. Ramos: What I would like is I would like protection around the rookery, some kind of a border around it where no boats -- because I also have photos of boats and jet skis going right through it, and also educational signage at the park where people -- I think ifpeople understood what their actions were causing, that they wouldn't be so irresponsible. Chair King: So, I would recommend that you speak to our Parks Director and our Code Enforcement officers as well if our park -- our Parks Director is here. So, I would just ask him to speak to you and you can share more and we can come up with some ideas on how to best address this issue. Ms. Ramos: Yeah, it's really -- Chair King: Thank you for coming. Ms. Ramos: -- really terrible. Chair King: Yes. Ms. Ramos: And I'll be back next month to do the official presentation. Oh, and -- Chair King: Okay. Ms. Ramos: -- just as an aside, I love this community garden idea. I have a lot of contacts. If somebody could send me more information on it, what area you 're looking at, I might be able to -- Chair King: No, they're here. You can speak directly to them. Commissioner Covo: You can come -- since we have the issue open in our office, if you want to go to our office, you can maybe even meet with Chris over there and -- Chair King: Yes. City of Miami Page 11 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Commissioner Covo: -- our staff is there. And they're fully aware because we got all the emails and all the photos. Chair King: Yes, I got them as well. Ms. Ramos: Okay, thank you. Chair King: Good morning, Elvis. Elvis Cruz: Good morning, Ms. Chairwoman. Thank you. (COMMENTS MADE OFF THE RECORD) Mr. Cruz: Thank you, Commissioner. I'm here regarding Item FR.2, which is the no net loss of parkland ordinance. Too many passages from the City Code, Miami 21, and the Comprehensive Plan are vaguely or misleadingly worded. For example, here's the proposed language that's in this resolution, this ordinance, and the first half of it sounds very good. Replacement parkland must meet the same or higher standard as the parkland it is replacing with similar park, recreation, or conservation value in terms of usefulness and location. But now look at the second half of that paragraph, as recommended by the Director of Parks and in consultation with the Planning Director and approved by the City Commission. And that's a problem. Rather than use subjective recommendations from the Parks and Planning Directors who are at -will employees, subject to political pressure, there should be a set of objective criteria that is designed to protect and maximize the public interest. I urge you to rewrite this proposed legislation to better protect the public interest. For example, every parcel of parkland being converted shall be replaced with an equally sized large parcel of new parkland. Also, pre-existing public land should not be allowed to count for no net loss of parkland. Example, swales or shoulders along highways or causeways, the Underline, bay walks, river walks, and the area under the new signature bridge should not be allowed serve as replacements for no net loss parkland. We need more real parkland, not less. I hope this is rewritten so that it becomes a sincere effort to protect our parkland. Thank you. Commissioner Reyes: Madam Chair. Chair King: Yes. Commissioner Reyes: You see, I have been a great advocate of no net loss and what it was done with Melreese was immoral, I could say, with the no net loss policy that we had. And thank you for bringing this up because I agree with you. Mr. Cruz: Thank you. Commissioner Reyes: We have to be a little bit more strict on how we are going to deal with our no net loss because this language could repeat another Melreese in which every single parcel, even land that belonged to the City of Miami, was converted into park to pay for the park loss. And we cannot accept that anymore, because they made a shamble, they made a mockery of -- Commissioner Covo: I'm in agreement. Commissioner Reyes: -- no net loss. So, I would like to ask for a deferral. Commissioner Covo: Maybe we can -- exactly. Maybe we can do that because I agree. City of Miami Page 12 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Commissioner Reyes: That 's right. Mr. Cruz: Thank you. Commissioner Reyes: As a deferral, and so we write -- Commissioner Covo: So we have more time. Commissioner Reyes: -- stronger language in this, stronger language because this leaves everything in the open and it 's going to be the same as it 's going to be. I mean, a carbon copy, whoever comes out is powerful and has -- wants to develop one of our parks, and we vote -- I mean, we know, they vote for it. The no net loss, it will not be effective, like it happened with Melreese. Mr. Cruz: Yes. Commissioner Covo: And I'm also concerned about rooftops because we need to make sure that we're clear on that as well. Commissioner Reyes: Sure. Commissioner Covo: If the rooftops are going to be used as parks, then what are the provisions? So, I do think that we need to address it. Commissioner Reyes: Can I move, Madam Chair, to defer this item? Chair King: Let 's hear from our Assistant City Manager. I believe he wants to say something, and then it's, of course, whatever the will of the body is. Commissioner Reyes: Sure. Chair King: Thank you, Elvis. Good morning. Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Deputy City Manager. Just for the record, bay walk and riverwalk are not public lands. Majority of them in the City of Miami are actually on private property. So, they're not public lands, so that correction needs to be made on the record. Secondly, swales and alleyways are dedicated for municipal highway purposes in many instances. They are not public land. They are just dedicated for public use. When those streets are closed, they revert back to their adjoining property owners. So, for the record, they are not part of public land in terms of the no net loss policy. If you read through the legislation, no mention is made of swales as counting towards public land for no net loss purposes. Also, bay walk and riverwalk was not contemplated. Just for correction. Chair King: Thank you. Commissioner Reyes: But -- Chair King: Thank you, Zerry. Commissioner Reyes: -- through the Chair, but does not -- I mean, is specific in what it is, what it could be used and what cannot be used, because public land, public land, City -owned property, was converted to park in order for that mockery that was done with Melreese, in order to show that there was some replacement ofparkland. And the only thing that we were doing, we were paying with our own land, the land that we lost, the parkland that we lost. And I want to avoid that. I want that to make very -- be City of Miami Page 13 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 very clear in the language that any City of Miami owned land cannot be converted. Or that the zoning cannot be changed into park in order to pay for a land that has been a parkland that has been lost because that's what you did. That's what you did with Melreese. Chair King: Okay, thank you. Lakisha Hull (Director, Planning): Madam Chair, if I can provide some clarification. Mr. Cruz, the legislation's going to be updated to not have references to the Planning Director or the Parks Director, so it'll be the City Manager or the designee throughout the ordinance. The other clarification is that no rooftop space will be able to be provided as parkland as well. So, I just wanted to provide it for the record. Thank you. Chair King: Thank you. Mr. Cruz: (INAUDIBLE) what space? Ms. Hull: Rooftop space. Chair King: Thank you. Ms. Hull: No problem. Mr. Cruz: Thank you, everybody. Chair King: Thank you. Mr. Cruz: Commissioner, to your point that was made, a portion of Rickenbacker Causeway was turned into swale. The Rickenbacker Causeway was turned into parkland, so that 's already happened once before. Unidentified Speaker: But that's Miami -Dade County. That's not (INAUDIBLE). Chair King: That 's Miami -Dade County. Okay, we're not going to have this back and forth because I have other people that would like to speak. Good morning. Luis Gazitua: Good morning, Madam Chair, Commissioners. Luis Gazitua here for PH.5 on behalf of RollKall. I just want to thank you for the opportunity to finally be before you. This item has been deferred four times and you've all been so generous in creating a platform and a vehicle for us to meet with stakeholders, including even last week we met with FOP (Fraternal Order of Police) at the Commissioner's office, with staff. There was a procurement, RollKall won. My esteemed colleague who spoke earlier, his client lost, that's fine, that's competition. We've been at this 20 months. We've paid over $26 million to officers. We just want to make this relationship official. And with regard to the term, we have a 30-day, you can break our heart clause, where you say goodbye. Commissioner Reyes: Yes. Mr. Gazitua: Thank you so much. Commissioner Covo: So, a 30-day clause is included? Mr. Gazitua: Of course, it's included. Commissioner Reyes: Yes, 30 days clause. City of Miami Page 14 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 ORDER OF THE DAY Mr. Gazitua: We have a wonderful city attorney and an administration. They're not going to tie themselves up for five years. I'm only committed to my wife, not the contracts, folks. So, thank you so much. All right, have a blessed day. Commissioner Covo: Thank you. Chair King: Thank you. Good morning. Commissioner Reyes: That means that you 're in trouble. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street. I just want to actually have a point of what he mentioned about parks. We need parks. We're really short on parks. And we're still trying to get more land. It 's difficult to get it, but I think the City needs to have a better strategy to have more parks. We can use those, the one in front of the Marlins Stadium, that I believe belongs to the City of Miami, and we still just use it for park cars when the Marlins have an event. So, we can always use more land everywhere. Just concerned about the pocket items that you guys mentioned about the unsafe structure is really, really getting into a lot of people in trouble for things that we, as a community, as a city officials, as a department let go for too many years. We let this happen until that tragedy in Surfside. Now everybody's worried, but we have too many problems and as the City need to understand that it's people that doesn't have the money to pay or to fix everything at once. You have to give them a chance to be able to get it done. And unsafe is something that has been happening over the entire city. We are an old city. We have houses from 1900s and buildings from 1900s that need to be repaired, but we always have to give them a chance to the owners of the property. And I just want to see if it's possible for our district on Brickell, if there's any plans for schools in the area. We hear a lot about it and I hope that you guys are working to get a school in the area of Brickell. Thank you. Commissioner Covo: So, Madam Chair -- Chair King: Thank you. Commissioner Covo: -- can I --? One minute. So, I've been advocating with the County, with the School Board. We do need -- Brickell and because the one that 's there, it's, I think, 30 percent over capacity, and we do need one for Edgewater. And for the parks, what I'm doing is that any developers that is building, as of right, right? That we cannot stop that, I am asking for parks. And I've been talking back and forth about bringing two more parks to Brickell that I'm going to be happy to announce very soon. Chair King: Thank you. Commissioner Covo: Donated parks. Chair King: Is there anyone else here that would like to speak for public comment? Seeing none, the public comment period is now closed. Chair King: At this time, I will have our City Attorney read into the record her statement. City of Miami Page 15 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Victoria Mendez (City Attorney): Thank you, Madam Chair. 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 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 register or lobby -- 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 our City Clerk's Office or online at www.municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the appropriate disclosures required by the City Code in writing. A copy of the 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 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 material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at www.miamigov.com. Any person may be heard by the Commission through the Chair for not more than two minutes on any proposition before the City Commission unless modified by the Chair. Public comment shall begin at approximately 10 a.m. and remain open until public comment is closed by the Chair. Members of the public wishing to address the body may do so by submitting written comments via the online comment form. Please visit www.miamigov.com/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been and will be distributed to elected officials, 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 elected officials and their staff and the City administration up until the chair closes public comment. Public comment may also be provided at City Hall, located at 3500 Pan American Drive, Miami, Florida, subject to any and all City rules as they may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such a later date before the City Commission takes action on such a 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 noty the City Clerk. The City has provided different public comment methods to indicate, among other things, the public's support, opposition, or neutrality on items and topics to be discussed at the City Commission meeting in compliance with Section 286.0114(4)(c) Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting. Please note commissioners have generally been briefed by City staff and the City Attorney's Office on items on the agenda today. Anyone wishing a verbatim record of the item considered at this meeting may request it at the Office of Communications or view it online at www.miamigov.com. PZ (Planning and Zoning) items shall proceed according to 7.1.4 of the Miami 21 Zoning Ordinance. Parties for any PZ items, including any applicant, appellant, appellee, City staff and any person recognized by a decision - making body as a qualified intervener, as well as applicants, representatives, and experts testing 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 communications pursuant to -- ex parte communications pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of the City of Miami Page 16 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Miami 21 Zoning Ordinance. The order of presentation shall be as set forth in Miami 21 and the City Code. Staff will briefly present each item to be heard. The applicant will present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission followed by the appellee. Staff will be allowed to make any recommendation they may have. Please silence all cell phones and other noisemaking devices at this time. This meeting can be viewed live on Miami TV, the City's Facebookpage, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast will also have closed captioning. Thank you. Chair King: Thank you. Mr. City Clerk. Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who are 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. 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 have finished 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 notice provisions set forth in these uniform rules and procedures we established for the meeting? Thank you, Chair. Chair, may I administer the oath for the Planning and Zoning items? Chair King: Please. Mr. Hannon: Thank you. 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 oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair King: Thank you. [Later... J Chair King: Mr. City Manager, do you have any items that are to be withdrawn or deferred? 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: Just reference PA.1, to be deferred to September 28th; PH.4 -- Chair King: Wait a minute, the first one you said was what? Mr. Noriega: PA.1, the personal appearance. Chair King: Oh. Mr. Noriega: I'm just recapping it. City of Miami Page 17 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Chair King: Oh, I see, I see. Mr. Noriega: PH.4 -- Chair King: Okay. PH 4. Mr. Noriega: -- to be withdrawn; PH.6, to be withdrawn; PZ.1, to be deferred to March 14th; PZ.2, to be deferred to March 14th; PZ.3, to be withdrawn; PZ.5, to be deferred to October 12th; PZ.6, to be deferred to October 12th; PZ.7, to be deferred to October 12th; PZ.8, to be deferred to October 12th; PZ.9, to be deferred to October 12th; PZ.11, to be withdrawn; and PZ.12, to be deferred to October 12th. That concludes the items. Chair King: Thank you. Commissioner Reyes, do you have any items that you would like to defer? Commissioner Covo? Commissioner Covo: No, sponsor. Chair King: Okay, we'll get to that. I understand that we have some pocket items. City -- Madam City Attorney, could you read the titles into the record for me, please? Ms. Mendez: There is a pocket item by District 1. We'll call that one PL1. An ordinance of the Miami City Commission amending Chapter 10, Article 1 of the Code of the City of Miami, Florida, as amended titled, "Buildings in General," Building Permit Fee Schedule, providing for an adjustment of temporary occupancy extensions for residential developments impacted by the COVID-19 pandemic, containing a severability clause and providing for an effective date. Then we have Pocket Item 2 being sponsored by District 2. An ordinance of the Miami City Commission amending Chapter 10, Article 6, Section 101 of the Code of the City of Miami -Florida is amended titled "Buildings, Unsafe Structures, Unsafe Structures" and a panel to provide requirements for the appointment of panel members to the Unsafe Structure Panel through City of Miami Procurement, containing a severability clause and providing for an effective date. So, that will be PL2. Then a pocket item that is being sponsored by District 5. That'll be PL3. A resolution of the Miami City Commission authorizing the City Manager to negotiate and execute a third memorandum of understanding in the form acceptable to the City Attorney with the Florida Department of Transportation for the City of Miami to collaborate in the development and coordination of the 1-395 Heritage Trail Signature Bridge Underdeck Project located along 1-395 State Road 836 between Northwest 3rd Avenue and Biscayne Bay, Miami, Florida; further authorizing the City Manager to negotiate and execute such other documents as may be necessary in a form acceptable to the City Attorney in furtherance of the terms and conditions of MOU (Memorandum of Understanding) number three. Then PI.4, sponsored by District 2. A resolution of the Miami City Commission directing the City Manager to negotiate and arrange, in a form acceptable to the City Attorney, a resiliency pilot program for the City of Miami owned park and adjacent easements located at 1876 South Bayshore Lane, Miami, Florida 33133 in partnership with Third Wave Volunteers, a Florida not -for -profit corporation. So, those are, I believe, the only pocket items. Chair King: Thank you. And at this time, may I have a motion for the order of the day? Commissioner Reyes: (INAUDIBLE). Chair King: Second. All in favor? The Commission (Collectively): Aye. City of Miami Page 18 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Chair King: And now we will begin our public comment. Mr. Hannon: Chair, just for the record, I have two. One is a sponsor request from Commissioner Carollo. Commissioner Carollo would like to sponsor CA.13, and Commissioner Diaz de la Portilla would like to cosponsor FR. 1. Commissioner Covo: Oh, and mine as well, Madam Chair. I would like to sponsor RE.9 and cosponsor RE.5. Chair King: Got it. So, at this time, I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - City Commission Meeting - Jun 8, 2023, 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Chair King: We will move on. May I have a motion to approve the City Commission meeting minutes for June 8th? Vice Chair Carollo: Move. Commissioner Reyes: Second. Chair King: I got a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. 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 19 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 PA - PERSONAL APPEARANCE PA.1 PERSONAL APPEARANCE 14278 A PERSONAL APPEARANCE BY EDDY LEAL REGARDING ALLEN MORRIS PARK. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Item PA.1 was deferred to the September 28, 2023, City Commission Meeting. Chair King: And at this time, I'm going to go out of order. We have a public appearance. Mr. Eddy Leal, please come forward. Eddy Leal: I'll address it. I didn't get a chance. Thank you, Commission. Good morning. My name is Eddy Leal. I live at 1420 Brickell Bay Drive. I had an opportunity to discuss with the City Attorney's Office. There are a number of records that I've requested in order to properly provide my public appearance on this item. So, respectfully, I've spoken to Victoria on a number of items that are outstanding and I would ask that in the meantime this get continued to the second meeting in September so I'll have an opportunity to get those records. I know there's been some delay because of personnel, but I think we're going to work through it (UNINTELLIGIBLE). So, Commission, if you would allow me that time so I can fully prepare, I want to have those documents so I can properly prepare. Chair King: Absolutely. We'll see you on the 28th. Mr. Leal: Thank you, thank you. Chair King: Thank you. Mr. Leal: I was about to say, Your Honor. Thank you, Chairwoman. Chair King: Thank you. Todd B. Hannon (City Clerk): Chair. Mr. Leal: I know, I know, I know. Thank you. Have a nice day and good luck. Chair King: Thank you. Mr. Hannon: Chair, if I could just have a motion to defer to September 28th. Commissioner Reyes: Move it. Chair King: Second. All in favor? City of Miami Page 20 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 The Commission (Collectively): Aye. Mr. Leal: Thank you, thank you. Chair King: Okay. END OF PERSONAL APPEARANCE City of Miami Page 21 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda CA.1 RESOLUTION - Item Pulled from Consen 14269 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING AN INCREASE IN THE ACCESS CAPACITY BEYOND THE CITY MANAGER'S DELEGATED AUTHORITY OF FIFTY THOUSAND DOLLARS ($50,000.00) CONCERNING THE CITY OF HOLLYWOOD, FLORIDA ("HOLLYWOOD") BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA") CONTRACT NO. F-4700-22- JE FOR PRESSURE CLEANING AND SEALING SERVICES, WITH SANTANA PRESSURE CLEANING SERVICES, INC., A FLORIDA PROFIT CORPORATION ("SANTANA PRESSURE CLEANING"), ON A CONTRACTUAL BASIS, FOR USE BY THE CITY OF MIAMI ("CITY") OFFICE OF CAPITAL IMPROVEMENTS ("OCI"), PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WHICH CONTRACT WAS COMPETITIVELY SOLICITED FOR AN INITIAL TERM OF FIVE (5) YEARS WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL FIVE (5) YEAR PERIOD, EFFECTIVE THROUGH DECEMBER 8, 2027, SUBJECT TO ANY RENEWALS, EXTENSIONS, AND/OR REPLACEMENT CONTRACTS BY THE HOLLYWOOD CRA; ALLOCATING FUNDS FROM THE APPROPRIATE OCI PROJECT AND DEPARTMENTAL BUDGETS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVALS 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 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-23-0378 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Chair King: Now, let's see with my colleagues. Do I -- may I have a motion for CA.1, 2, 3, 4, 5, and 6? Vice Chair Carollo: Move. City of Miami Page 22 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: CA.1, 2, 3, 4, 5, and 6 pass. CA.2 RESOLUTION - Item Pulled from Consent 14444 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE RETROACTIVE APPROVAL OF AN INCREASE IN CAPACITY BEYOND THE ALLOWABLE AWARD AMOUNT OF THREE HUNDRED THOUSAND DOLLARS ($300,000.00) PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 184144 FOR GENERAL BUILDING/ENGINEERING & SPECIALTY TRADES, WITH INVITATION FOR QUOTATION ("IFQ") NO. 1623389 ISSUED, PURSUANT TO THE SAME, BY THE CITY OF MIAMI ("CITY") DEPARTMENT OF PROCUREMENT ("PROCUREMENT"), ON BEHALF OF THE CITY'S DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT ("DREAM"), AWARDING KEARNS CONSTRUCTION COMPANY, A FLORIDA PROFIT CORPORATION ("KEARNS"), FOR THE REPLACEMENT OF FIFTY (50) GREENHEART PILINGS AT DINNER KEY MARINA ("PROJECT") FOR THE AMOUNT OF ONE HUNDRED NINETY ONE THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($191,750.00), BASED ON THE SCOPE OF WORK, INCLUSIVE OF PARTS, EQUIPMENT, MATERIALS, LABOR, AND MOBILIZATION COSTS FOR THE PROJECT, WITH THE DISCOVERY OF AN ADDITIONAL FORTY EIGHT (48) GREENHEART PILINGS IN NEED OF REPLACEMENT TO ENSURE PUBLIC SAFETY AND PROPER COMPLETION OF SAID PROJECT, THEREBY AVOIDING THE HALTING OF ALL FURTHER WORK PRIOR TO TOTAL COMPLETION AND INCURRING THE ADDITIONAL COSTS OF REMOBILIZATION, DREAM APPROVED THE ADDITIONAL SCOPE FOR SAID FORTY EIGHT (48) GREENHEART PILINGS FOR AN ADDITIONAL AMOUNT OF ONE HUNDRED EIGHTY FOUR THOUSAND EIGHTY DOLLARS ($184,080.00), FOR A TOTAL AMOUNT OF THREE HUNDRED SEVENTY FIVE THOUSAND EIGHT HUNDRED THIRTY DOLLARS ($375,830.00) FOR COMPLETION OF THE PROJECT. ENACTMENT NUMBER: R-23-0379 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number CA.2, please see Item Number CA.1. City of Miami Page 23 Printed orl 10/25/2023 City Commission Meeting Minutes September 14, 2023 CA.3 14189 Department of Fire - Rescue CA.4 14241 Department of Fire - Rescue RESOLUTION - Item Pulled from Consen" A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDING PURSUANT TO THE TERMS AND CONDITIONS OF THE DEPARTMENT OF HOMELAND SECURITY'S ("DHS") SECURING THE CITIES ("STC") GRANT PROGRAM; ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "SECURING THE CITIES (STC) PROGRAM 2023," IN AN AMOUNT NOT TO EXCEED $950,000.00 CONSISTING OF A GRANT FROM DHS FOR THE PURPOSE OF ENHANCING REGIONAL CAPABILITIES IN DETECTING, IDENTIFYING, AND RESPONDING TO RADIOLOGICAL AND NUCLEAR THREATS BY PROVIDING FIRST RESPONDERS WITH THE NECESSARY TRAINING AND EQUIPMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE AND ADMINISTRATION OF SAID FUNDS AND COMPLIANCE WITH THE SAID TERMS AND CONDITIONS. ENACTMENT NUMBER: R-23-0380 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number CA.3, please see Item Number CA.1. RESOLUTION - Item Pulled from Consent A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT ("MOA"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE CITY OF DORAL ("DORAL"), SETTING FORTH EACH PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE URBAN AREA SECURITY INITIATIVE GRANT PROGRAM FOR FISCAL YEAR ("FY") 2021 ("UASI GRANT FY 2021"), ADMINISTERED BY THE CITY'S DEPARTMENT OF FIRE -RESCUE, THEREBY INCLUDING DORAL AS ONE OF THE CITY OF MIAMI'S ("CITY") CONTIGUOUS PARTNERS IN THE MOA UASI FY 2021, ESTABLISHED PURSUANT TO RESOLUTION NO. R-22-0078, ADOPTED ON FEBRUARY 24, 2022. ENACTMENT NUMBER: R-23-0381 City of Miami Page 24 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 CA.5 14291 Department of Police MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number CA.4, please see Item Number CA.1. RESOLUTION - Item Pulled from Consent A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE MICCOSUKEE TRIBE OF INDIANS ("MICCOSUKEE") TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ENSURE PUBLIC SAFETY AND ABILITY TO ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING BUT NOT LIMITED TO NATURAL AND MAN-MADE DISASTERS AND EMERGENCIES AS DEFINED IN PART 1, CHAPTER 23, FLORIDA STATUTES, TITLED "FLORIDA MUTUAL AID ACT"; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS RELATED TO THE MUTUAL AID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0382 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number CA.5, please see Item Number CA.1. City of Miami Page 25 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 CA.6 14292 Department of Police RESOLUTION - Item Pulled from Consen" A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE VILLAGE OF EL PORTAL, CITY OF AVENTURA, TOWN OF GOLDEN BEACH, CITY OF HIALEAH, CITY OF HOMESTEAD, VILLAGE OF KEY BISCAYNE, CITY OF SWEETWATER, AND THE CITY OF WEST MIAMI TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ENSURE PUBLIC SAFETY AND ABILITY TO ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING BUT NOT LIMITED TO NATURAL AND MAN-MADE DISASTERS OR EMERGENCIES AS DEFINED IN PART 1, CHAPTER 23, FLORIDA STATUTES, THE "FLORIDA MUTUAL AID ACT." ENACTMENT NUMBER: R-23-0383 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number CA.6, please see Item Number CA.1. City of Miami Page 26 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 CA.7 14375 Department of Police RESOLUTION - Item Pulled from Consen" A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY") BY AND THROUGH THE MIAMI-DADE POLICE DEPARTMENT ("MDPD"), FOR THE PROVISION OF FORENSIC SERVICES TO THE CITY OF MIAMI'S ("CITY") POLICE DEPARTMENT ("MPD") BY FUNDING ONE CRIMINALIST 1 POSITION IN MDPD'S CRIME LABORATORY TO PROVIDE FORENSIC SERVICES ON MPD CASES EXCLUSIVELY, ON A MONTHLY REIMBURSABLE BASIS, AT A SALARY RANGE BETWEEN $53,436.54 TO $93,966.74 ANNUALLY, EQUIVALENT TO A CITY FORENSIC CRIME ANALYST SALARY RANGE BETWEEN $52,163.70 TO $98,362.58; APPROPRIATING FUNDS FROM POLICE GENERAL FUND ACCOUNT NUMBER 00001.191001.512000.0.0 FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE OR OTHER DESIGNEE TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0384 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Sabina Covo, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Covo, Reyes ABSENT: Diaz de la Portilla Chair King: CA.7 must be amended on the floor. May I have a motion for CA.7 with the amendment? Victoria Mendez (City Attorney): That it won't be an exclusive person. That's what needs to be changed. Chair King: Okay. Ms. Mendez: The exclusivity. It'll -- that's the amendment. Chair King: So, CA.7, as amended. May I have a motion? Commissioner Covo: I move it. Vice Chair Carollo: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: CA. 7 passes. City of Miami Page 27 Printed orl 10/25/2023 City Commission Meeting Minutes September 14, 2023 CA.8 RESOLUTION - Item Pulled from Consent 14451 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING SEVEN (7) RIGHT-OF-WAY DEEDS AND ONE (1) QUIT CLAIM RIGHT-OF-WAY DEED OF DEDICATION AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("DEEDS"), FOR RIGHT-OF-WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A COPY OF THE DEEDS. ENACTMENT NUMBER: R-23-0385 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: May I have a motion for CA.8, 9, 10, 11, 12, and 13? Commissioner Diaz de la Portilla: I move it. Vice Chair Carollo: Move. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Passes. City of Miami Page 28 Printed orl 10/25/2023 City Commission Meeting Minutes September 14, 2023 CA.9 RESOLUTION - Item Pulled from Consen" 14245 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED ON MAY 23, 2023, PURSUANT TO INVITATION FOR BIDS ("IFB") NO. 1659386 FOR A PRE - QUALIFIED POOL OF VENDORS FOR THE PROVISION OF CAST IRON MANHOLE COVERS, TOPS AND TREE GRATES, CITYWIDE, ON AN AS NEEDED BASIS, FROM THE RESPONSIVE AND RESPONSIBLE BIDDERS, CORE & MAIN LP, A FLORIDA LIMITED PARTNERSHIP ("CORE & MAIN"), AND FERGUSON ENTERPRISES, LLC, A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("FERGUSON"), FOR THE CITY OF MIAMI ("CITY") DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("RPW'), FOR AN INITIAL TERM OF FOUR (4) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE GENERAL FUND ACCOUNTS AND SUCH OTHER VARIOUS SOURCES OF FUNDS FROM RPW, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVALS 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-23-0386 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number CA.9, please see Item Number CA.8. City of Miami Page 29 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 CA.10 RESOLUTION - Item Pulled from Consen' 14392 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A SPECIAL REVENUE PROJECT TITLED "2023- 24 MIAMI HOMELESS ASSISTANCE PROGRAM - CE CONSOLIDATION PROGRAM," APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN AN AMOUNT NOT TO EXCEED SIX HUNDRED SEVENTY-TWO THOUSAND, SEVEN HUNDRED SIXTY-NINE DOLLARS ($672,769.00), CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST ("TRUST"), TO BE UTILIZED BY THE CITY OF MIAMI ("CITY") TO CONTINUE PROVIDING OUTREACH, INFORMATION, REFERRAL, ASSESSMENT, AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS AND FAMILIES IN MIAMI-DADE COUNTY; ALLOCATING CITY REQUIRED PASS -THROUGH MATCHING FUNDS IN THE AMOUNT OF THREE HUNDRED TWENTY-THREE THOUSAND, TWO HUNDRED NINETY-SEVEN DOLLARS ($323,297.00) FROM THE "MEMORANDUM OF AGREEMENT GRANT" FROM VARIOUS ACCOUNT NUMBERS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT AND ANY OTHER RELATED DOCUMENTS, EXTENSIONS, AND RENEWALS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD FOR A TWELVE (12) MONTH PERIOD WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWELVE (12) MONTH PERIODS, SUBJECT TO THE CITY'S RECEIPT OF THE PASS -THROUGH FUNDS, THE TRUST'S FUTURE ALLOCATIONS, AND THE CITY'S APPROPRIATION OF FUNDS. ENACTMENT NUMBER: R-23-0387 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number CA.10, please see Item Number CA.8 and "Public Comments for all Item(s)." City of Miami Page 30 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 CA.11 14325 Department of Parks and Recreation RESOLUTION - Item Pulled from Consen' A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION FROM WMP I LLC, A FLORIDA LIMITED LIABILITY COMPANY ("DONOR"), TO THE CITY OF MIAMI ("CITY") PARKS AND RECREATION DEPARTMENT ("PARKS"), IN THE FORM OF THREE (3) SCULPTURES, WITH AN APPROXIMATE VALUE OF NINETEEN THOUSAND ONE HUNDRED SIXTY SEVEN DOLLARS ($19,167.00) PER SCULPTURE, AND AN APPROXIMATE COMBINED VALUE OF FIFTY SEVEN THOUSAND FIVE HUNDRED ONE DOLLARS ($57,501.00), ALLOWING FOR DISPLAY OF THE ART IN PUBLIC PLACES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A DONATION LETTER OF ACCEPTANCE AND/OR AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS AND MODIFICATIONS, 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-23-0388 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number CA.11, please see Item Number CA.8. City of Miami Page 31 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 CA.12 14246 Department of Parks and Recreation RESOLUTION - Item Pulled from Consen' A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE ACCESSING OF THE CITY OF TAMPA, FLORIDA ("TAMPA") INVITATION TO BID ("ITB") CONTRACT NO. 31041421 FOR PARKS SITE FURNISHING, PLAYGROUND EQUIPMENT AND SURFACING, AND INSTALLATION, REPAIRS AND REPLACEMENT (PRE - QUALIFICATION POOL), WITH VARIOUS PRE -QUALIFIED VENDORS, PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), FOR USE BY THE CITY OF MIAMI ("CITY") PARKS AND RECREATION DEPARTMENT ("PARKS"), WHICH CONTRACT WAS COMPETITIVELY SOLICITED AND IS EFFECTIVE THROUGH FEBRUARY 28, 2026, SUBJECT TO ANY RENEWALS, EXTENSIONS, AND/OR REPLACEMENT CONTRACTS BY TAMPA; ALLOCATING GENERAL FUNDS AND SUCH OTHER VARIOUS SOURCES OF FUNDS FROM PARKS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVALS 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 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-23-0389 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number CA.12, please see Item Number CA.8. City of Miami Page 32 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 CA.13 RESOLUTION - Item Pulled from Consen" 14575 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 AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI RIVER FUND, INC., A FLORIDA NOT -FOR -PROFIT 501(C)(3) CORPORATION, AS THE FINANCIAL AGENCY FOR THE MIAMI RIVER COMMISSION, TO PROVIDE LANDSCAPE MAINTENANCE, LITTER AND DEBRIS PICKUP, AND OTHER RELATED SERVICES TO MAINTAIN THE MIAMI RIVER GREENWAY IN CERTAIN CITY RIGHTS -OF -WAYS, AS DEPICTED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR A TWO (2) YEAR TERM, WITH AN OPTION TO RENEW FOR ONE (1) ADDITIONAL ONE (1) YEAR PERIOD, IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FIFTEEN THOUSAND DOLLARS ($315,000.00) ANNUALLY; ALLOCATING FUNDS FROM SPECIAL REVENUE ACCOUNT NO. 13000.201000.534000.0000.00000 FOR SAID PURPOSE, SUBJECT TO AVAILABILITY OF FUNDS AND PRIOR BUDGETARY APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0390 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number CA.13, please see Item Number CA.8. END OF CONSENT AGENDA City of Miami Page 33 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 PH - PUBLIC HEARINGS PH.1 RESOLUTION 14452 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, FOR FISCAL YEAR ("FY") 2023-2024 IN THE AMOUNT OF $2,876,229.90 IN THE ECONOMIC DEVELOPMENT CATEGORY, TO THE AGENCIES AND/OR DEPARTMENTS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENT ACTIVITIES IN THE FISCAL YEAR 2023-2024; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, INCLUDING AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, AS MAY BE NECESSARY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0391 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: May I have a motion for PH.1, 2, 3, and 5 with the backup documents for PH 5 needing to be read? Todd B. Hannon (City Clerk): And Chair, just I'm submitting the backup documents into the record only. Chair King: So, that's it? Okay. Mr. Hannon: Yes. Chair King: So, may I have a motion for P --? Vice Chair Carollo: Move. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Victoria Mendez (City Attorney): And those need to be four -fifths. Is that how you --? Chair King: Yes, that was four -fifths and it's all of them. City of Miami Page 34 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Commissioner Reyes: Madam Chair -- Chair King: Yes. Commissioner Reyes: -- if I may, Madam City Attorney, that includes the amendment that churches and non-profit -- Commissioner Covo: Schools. Commissioner Reyes: -- schools and non-profit -- Commissioner Covo: Churches and schools. Commissioner Reyes: -- they are exempted from -- Ms. Mendez: I will defer to Annie and the Manager. Arthur Noriega (City Manager): Yes. Commissioner Reyes: Yes? Mr. Noriega: It includes it. Commissioner Reyes: Okay, I just want to make sure that amendment is in, that churches and schools and on -- they are exempted from paying. Okay, thank you very much. Chair King: So I would like to congratulate -- Ms. Mendez: That was for the PH.5 item, Todd -- Commissioner Covo: For the RollKall. Ms. Mendez: -- as amended, PH.5. Commissioner Reyes: As amended. Mr. Hannon: So, PH.5 is going to be amended -- Ms. Mendez: As amended. Mr. Hannon: -- outside of the backup documents being submitted into the record. The backup documents don 't amend. Okay, so PH.5, as amended. Commissioner Reyes: As amended. Chair King: Okay. And I'd like to congratulate the Urban Green Works for our community garden. It passed. Thank you, guys. Thank you. Applause. Chair King: Food is medicine. Food is health. Fresh food is the best. Thank you. City of Miami Page 35 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 PH.2 14391 Department of Housing and Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS FOR FISCAL YEAR ("FY") 2023-2024, IN THE AMOUNT OF $802,206.00 IN THE PUBLIC SERVICE CATEGORY TO THE AGENCIES/AND OR DEPARTMENTS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES BEGINNING OCTOBER 1, 2023; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, INCLUDING AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, AS MAY BE NECESSARY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUND, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0392 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PH.2, please see Item Number PH.1. City of Miami Page 36 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 PH.3 14390 Department of Housing and Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS ATTACHMENT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTIONS 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), AND SECTION 18-182(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO TRANSFER, WITH RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, THE CITY -OWNED PARCEL OF LAND LOCATED AT 1613 NORTHWEST 54 STREET, AND 1625 NORTHWEST 54 STREET MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN ATTACHMENT "A," ATTACHED AND INCORPORATED (COLLECTIVELY, "PARCEL"), TO URBAN GREENWORKS, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("UGM"), TO BE USED FOR THE DEVELOPMENT OF A COMMUNITY GARDEN ("NUTRITION AS MEDICINE") PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT AND ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO TRANSFER THE PARCEL TO THE DEVELOPER. ENACTMENT NUMBER: R-23-0393 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, 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 and `Public Comments for all Item(s)." City of Miami Page 37 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 PH.4 RESOLUTION 12771 MAY BE WITHDRAWN Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A", PURSUANT TO SECTION 18- 85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), FOR THE PROVISION OF A NO COST CLOUD -BASED SOFTWARE SOLUTION TO MANAGE AND SCHEDULE POLICE EXTRA DUTY ASSIGNMENTS, FOR A PERIOD OF ONE (1) YEAR, WITH AN OPTION TO RENEW FOR ONE (1) ADDITIONAL YEAR, FROM ROLLKALL TECHNOLOGIES, LLC ("ROLLKALL"), A DELAWARE LIMITED LIABILITY COMPANY, QUALIFIED TO DO BUSINESS IN THE STATE OF FLORIDA, FOR THE CITY OF MIAMI'S POLICE DEPARTMENT ("POLICE"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH ROLLKALL, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING, THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI - DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, AND ALL APPLICABLE LAWS, RULES AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number PH.4, please see "Order of the Day." City of Miami Page 38 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 PH.5 14309 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18- 85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), FOR THE PROVISION OF EXTRA -DUTY DETAIL SCHEDULING AND MANAGEMENT SERVICES FOR THE CITY'S POLICE DEPARTMENT AT NO COST TO THE CITY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ROLLKALL TECHNOLOGIES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR SAID PURPOSE AT NO COST TO THE CITY FOR A PERIOD OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL TWO (2) YEAR PERIOD; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS AND PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING, BUT NOT LIMITED TO, THE CITY'S PROCUREMENT ORDINANCE, ANTI - DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0394 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PH.5, please see Item Number PH 1 and "Public Comments for all Item(s). " City of Miami Page 39 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 PH.6 RESOLUTION 14463 Department of Real Estate and Asset Management A RESOLUTION OF THE CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AND NEGOTIATE A NEW REVOCABLE LICENSE AGREEMENT ("RLA") BETWEEN THE CITY OF MIAMI ("CITY") AND NEW CINGULAR WIRELESS, PLC, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("LICENSEE") REGISTERED TO DO BUSINESS IN THE STATE OF FLORIDA, FOR USE OF ROOF SPACE ("AREA") WITHIN THE CITY -OWNED PROPERTY LOCATED AT 350 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA ("PROPERTY"), ALSO KNOWN AS THE CHIEF CLARENCE DICKSON POLICE COLLEGE, ON A MONTH -TO - MONTH BASIS, FOR USE AS A ROOFTOP ANTENNAE CELL SITE; AND PROVIDING FOR PAYMENT OF A MONTHLY USE FEE OF THREE THOUSAND SIX HUNDRED AND SIXTY-ONE DOLLARS AND TWENTY-THREE CENTS ($3,661.23), PLUS STATE OF FLORIDA USE TAXES, IF APPLICABLE, COMMENCING ON THE EFFECTIVE DATE OF OCTOBER 1, 2023 ("EFFECTIVE DATE"); FURTHER PROVIDING FOR A THREE PERCENT (3%) ANNUAL ESCALATOR IN MONTHLY USE FEES AND SECURITY DEPOSIT COMMENCING TWELVE (12) MONTHS FROM THE EFFECTIVE DATE; AND FURTHER AUTHORIZING THE CITY MANAGER TO CANCEL THE EXISTING REVOCABLE LICENSE AGREEMENT FOR USE OF THE CITY -OWNED PROPERTY LOCATED AT 400 NW 2ND AVENUE, MIAMI, FLORIDA, ALSO KNOWN AS THE POLICE PARKING GARAGE ("GARAGE"), SIMULTANEOUSLY WITH ENTERING INTO THE AGREEMENT, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH AGREEMENT AS NEEDED IN FORM(S) ACCEPTABLE TO THE CITY ATTORNEY. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number PH.6, please see "Order of the Day." City of Miami Page 40 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 PH.7 RESOLUTION 14462 Department of Real Estate and Asset Management A RESOLUTION OF THE CITY OF MIAMI COMMISSION BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE PURSUANT TO SECTION 18-176(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") APPROVING A CREDIT OF ALL OUTSTANDING USE FEES DUE BETWEEN SEPTEMBER, 2014, AND SEPTEMBER, 2023, APPROXIMATELY NINETY FIVE THOUSAND EIGHT HUNDRED FIFTY THREE DOLLARS AND THIRTY CENTS ($95,853.30), FOR LA UNIDAD CUBANA, INC.'S ("LICENSEE") USE OF PROPERTY LOCATED AT 970 SW 1ST STREET, ROOMS 302 AND 300, MIAMI, FLORIDA ("CREDITED USE FEES"), AND AN ABATEMENT OF THE USE FEE FOR CONTINUED USE OF ROOM 302 TO NO LESS THAN SEVEN HUNDRED DOLLARS ($700.00) PER MONTH EFFECTIVE OCTOBER 1, 2023, SUBJECT TO AN ANNUAL INCREASE OF THREE PERCENT (3%) OVER THE PRIOR YEAR IN ACCORDANCE WITH RESOLUTION NO. R-08-0070 ("ABATED USE FEE"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE REVOCABLE LICENSE AGREEMENT ("RLA") BETWEEN THE CITY AND LICENSEE DATED JUNE 13, 2005, TO REMOVE USE OF ROOM 300 AND PROVIDE FOR THE CREDITED USE FEES AND ABATED USE FEE EFFECTIVE OCTOBER 1, 2023; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY OTHER DOCUMENTS, INCLUDING NON -SUBSTANTIVE AMENDMENTS, EXTENSIONS, OR RENEWALS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS AND IN COMPLIANCE WITH ALL APPLICABLE SECTIONS OF THE CITY CODE AND ALL OTHER LAWS, RULES, AND REGULATIONS, THAT MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0395 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Chair King: Okay, moving right along. May I have a motion for PH.7, 8, and 9? Vice Chair Carollo: Chair? Chair King: Yes? Vice Chair Carollo: PH 4 was included in the last bunch. Chair King: No, PH.4 was withdrawn. Vice Chair Carollo: It was withdrawn? Chair King: Uh-huh. Victoria Mendez (City Attorney): PH.5 replaced -- City of Miami Page 41 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 Commissioner Covo: 7, 8, and 9? Ms. Mendez: -- PH.4. Chair King: PH.7 replaces PH.4. Vice Chair Carollo: Okay. Commissioner Reyes: PH 7 (UNINTELLIGIBLE). Chair King: So, may I have a motion for --? Ms. Mendez: No, no, PH.5 replaced PH.4 -- Vice Chair Carollo: Yeah, 5. Ms. Mendez: -- when he was asking about -- Chair King: Okay, sorry. PH.5 replaced -- Commissioner Reyes: That 's right. Vice Chair Carollo: Yes. Chair King: Okay. So, may I have a motion for PH 7, 8, and 9? Vice Chair Carollo: Move. Commissioner Reyes: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: There we go, it passes. PH.8 RESOLUTION 14483 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFTER A DULY NOTICED PUBLIC HEARING, AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTION(S) NECESSARY TO EXPEDITIOUSLY REQUEST THE MIAMI-DADE COUNTY DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS ("DTPW') CONSIDER THE PROPOSED TRAFFIC FLOW MODIFICATIONS AND WAIVE THE REQUIRED RESIDENT CONCURRENCE AND EXEMPT THE BALLOTING PROCESS IN ORDER TO EXPEDITIOUSLY PROCEED WITH THE DESIGN AND CONSTRUCTION OF TRAFFIC CALMING DEVICES AT TWO (2) LOCATIONS IN THE RESIDENTIAL NEIGHBORHOODS OF CITY OF MIAMI DISTRICT 5, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; DIRECTING THE CITY CLERK TO SEND A CERTIFIED COPY OF THE THIS RESOLUTION TO THE DTPW DIRECTOR. ENACTMENT NUMBER: R-23-0396 City of Miami Page 42 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PH 8, please see Item Number PH. 7. PH.9 RESOLUTION 14544 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, BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING(S), ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF FUNDS FROM THE DISTRICT 1 SHARE OF THE CITY'S MIAMI FOR EVERYONE ("MFE") PROGRAM, ON A LUMP SUM BASIS, IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($125,000.00) ("GRANT") TO THE MOTIVATIONAL EDGE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("MOTIVATIONAL EDGE"), IN ORDER TO PROVIDE EDUCATIONAL PROGRAMS TO CHILDREN, TEENAGERS, AND YOUNG ADULTS AGES SIX (6) TO TWENTY- THREE (23) YEARS OLD, WHICH WILL INCLUDE, TUTORING SERVICES, MENTORING, AFTER SCHOOL PROGRAMS, ARTS, AND MUSIC PROGRAMS," SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0397 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number PH.9, please see Item Number PH. 7. END OF PUBLIC HEARINGS City of Miami Page 43 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 RE.1 14415 Office of the City Clerk RE - RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), OFFICIALLY ACKNOWLEDGING THE CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS FOR THE AFFIDAVIT PROCESS CONDUCTED PURSUANT TO RESOLUTION NO. R-23- 0256 DURING THE PERIOD OF JUNE 9, 2023 THROUGH AUGUST 18, 2023 FOR THE RE-ESTABLISHMENT OF A SPECIAL ASSESSMENT DISTRICT AREA TO BE KNOWN AS THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT. ENACTMENT NUMBER: R-23-0359 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: Resolutions. May I have a motion for RE.1, 2, 3, 4, and 5? Commissioner Diaz de la Portilla: I'll move it. Commissioner Reyes: Second. Commissioner Covo: I second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 44 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 RE.2 14296 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY RICHARD NAZUR, THE ESTATE OF ELADIO PAEZ, RAFAEL ACOSTA, AND MARILENE NELSON NEE PENN WITHOUT ADMISSION OF LIABILITY, FIFTY THOUSAND DOLLARS ($50,000.00) EACH, TO PAY ROY MAS, WITHOUT ADMISSION OF LIABILITY, FORTY FIVE THOUSAND DOLLARS ($45,000.00) AND TO PAY GARY DOOLING, WITHOUT ADMISSION OF LIABILITY, THIRTY THOUSAND DOLLARS ($30,000.00), EACH IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS BY THEM, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE OF FRATERNAL ORDER OF POLICE, MIAMI LODGE NO. 20, AND ALFREDO VEGA, ET AL. V. CITY OF MIAMI, CASE NO. 98-7760- CA-01, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, UPON THE EXECUTION OF A GENERAL RELEASE OF THEIR CLAIMS AND DEMANDS, AND A DISMISSAL OF THEIR CLAIMS AGAINST THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM GENERAL LIABILITY ACCOUNT NO. 50001.301001.545013.0000.00000. ENACTMENT NUMBER: R-23-0398 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 RE.2, please see Item Number RE.1. City of Miami Page 45 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 RE.3 RESOLUTION 14487 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING THE OFFICIAL INTENT OF THE CITY OF MIAMI ("CITY") TO ISSUE BOTH TAXABLE AND TAX- EXEMPT GENERAL OBLIGATION BONDS PAYABLE FROM AD VALOREM TAXES PROVIDED THAT THE CAPITAL PROJECTS DEBT MILLAGE NOT EXCEED THE RATE OF 0.5935 MILLS IN ACCORDANCE WITH THE NOVEMBER 7, 2017 BOND REFERENDUM APPROVED BY THE VOTERS, INITIALLY IN AN EXPECTED NOT TO EXCEED TOTAL MAXIMUM PRINCIPAL AMOUNT OF NINETY-ONE MILLION, ONE HUNDRED SEVENTY- NINE THOUSAND AND 00/100 DOLLARS ($91,179,000.00) (COLLECTIVELY, "LIMITED AD VALOREM BONDS") IN ORDER TO, AMONG OTHER THINGS, REIMBURSE THE CITY FOR FUNDS ADVANCED BY THE CITY FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO CAPITAL PROJECTS TO BE UNDERTAKEN BY THE CITY TO, AMONG OTHER THINGS, REDUCE FLOODING RISKS, ALL AS INDICATED IN THE ATTACHED PROJECT LIST IN EXHIBIT "A," ATTACHED AND INCORPORATED (COLLECTIVELY, "GROUP 3 FLOOD MITIGATION PROJECTS"); ESTABLISHING CERTAIN RELATED DEFINITIONS OF TERMS; AUTHORIZING CERTAIN FURTHER AND INCIDENTAL ACTIONS BY THE CITY MANAGER IN CONSULTATION WITH THE CITY ATTORNEY, BOND COUNSEL, DISCLOSURE COUNSEL, FINANCIAL ADVISOR, CHIEF FINANCIAL OFFICER, FINANCE DIRECTOR, BUDGET DIRECTOR, AND SUCH OTHER APPROPRIATE OFFICERS, EMPLOYEES, AND AGENTS OF THE CITY AS THE CITY MANAGER DEEMS NECESSARY, ALL AS REQUIRED FOR PURPOSES OF SECTIONS 103 AND 141-150 OF THE U.S. INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND FOR COMPLIANCE THEREWITH; FURTHER AUTHORIZING RELATED AMENDMENTS TO THE CITY'S MULTI -YEAR CAPITAL PLAN AS NECESSARY. ENACTMENT NUMBER: R-23-0399 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 RE.3, please see Item Number RE1 and "Public Comments for all Item(s). " City of Miami Page 46 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 RE.4 RESOLUTION 14445 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENTS ("AGREEMENTS") WITH ATKINS NORTH AMERICA, INC., A FLORIDA PROFIT CORPORATION, AND HAZEN AND SAWYER, P.C., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA, (COLLECTIVELY THE "CONSULTANTS"), FOR AN INCREASE IN CAPACITY FOR THE PROVISION OF ADDITIONAL CAPITAL IMPROVEMENTS PROGRAM SUPPORT SERVICES WORK, SOLICITED PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 21-22-018, FOR THE CITY OF MIAMI ("CITY") OFFICE OF CAPTIAL IMPROVEMENTS ("OCI"), INCREASING THE CAPACITY OF THE INITIAL TERM BY AN AMOUNT OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00), FROM THE CURRENT CAPACITY AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO THE INCREASED CAPACITY AMOUNT OF THREE MILLION DOLLARS ($3,000,000.00), WITH THE PROVISION OF AN ADDITIONAL ONE MILLION DOLLARS ($1,000,000.00) PER RENEWAL YEAR FOR EACH OF THE TWO (2) ONE (1) YEAR OPTIONS TO RENEW, FOR EACH OF THE AGREEMENTS; ALLOCATING FUNDS FROM THE APPROPRIATE OCI PROJECTS AND DEPARTMENTAL BUDGETS, 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-23-0400 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 RE.4, please see Item Number RE.1. City of Miami Page 47 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 RE.5 RESOLUTION 14494 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING, ALLOCATING, BUDGETING, AND APPROPRIATING GRANT FUNDS FROM THE MIAMI-DADE COUNTY ("COUNTY") GENERAL GOVERNMENT IMPROVEMENT FUND, IN AN AMOUNT NOT TO EXCEED FOUR MILLION ONE HUNDRED SEVENTY THOUSAND DOLLARS ($4,170,000.00), FOR SIDEWALKS AND STREET IMPROVEMENTS ON FLAGLER STREET FROM BISCAYNE BOULEVARD TO WEST FIRST AVENUE IN THE CITY OF MIAMI ("CITY"), PROJECT NO. 40-B30606, COUNTY PROJECT NO. 3002113; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE COUNTY FOR ACCEPTANCE OF THE GRANT FUNDS AND COMPLIANCE WITH THE GRANT REQUIREMENTS ("AGREEMENT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL RENEWALS, EXTENSIONS, MODIFICATIONS, AND AMENDMENTS TO THE AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0401 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 RE.5, please see Item Number RE1 and "Public Comments for all Item(s)." RE.6 RESOLUTION 14356 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESSES 7010, 7012, 7020 AND 7050 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, FOR CASE NUMBERS CE202100472, CE2021005113, CE2021005112, CE2021004720 AND CE2021005111, 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 LIENS; 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-23-0402 City of Miami Page 48 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 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 Chair King: Okay, RE.6 is a mitigation, so we have to take it by itself. I believe the applicant and the City will be making a presentation. Now, sir, is your turn. Victoria Mendez (City Attorney): For RE.6, does anyone have to make a Jennings disclosure for RE. 6? Chair King: I do. Ms. Mendez: I believe for RE.6, which is 7010 North 2nd Avenue. Chair King: Yes, yes, yes. Well, my briefing was with staff only. I have not met with the applicant. Ms. Mendez: Okay. And then I believe that Commissioner Reyes also has to make a Jennings disclosure for RE.6. Chair King: Okay. Do you want to go first? Commissioner Reyes: That's right. Robert Santos-Alborna (Director, Code Compliance): Yes, ma'am. Chair King: Go ahead. Mr. Santos-Alborna: Good morning, Commissioners, Madam Chair, Robert Santos- Alborna, Code Compliance Director. The item before you, RE.6, is mitigation for five cases and four properties. The addresses -- I'm going to give you each of the cases just for the record, I have them here. CE 2021-00427, CE 2021-005113, CE 2021- 005112, and CE 2021-04720. The violations in question were for a number of issues, inoperables, parking on improved services, failure to maintain construction work without permits, and failure to maintain. The properties, the violations were adjudicated and were noncompliant for from 295 days to 368 days. Cumulatively, the fines accrued to $464, 750. And I understand from accounts from Legal Department that the respondent is offering the equivalent of 10 percent, which is $46,475. Chair King: This is commercial property, correct? Mr. Santos-Alborna: Yes, it is. Chair King: This is commercial property and the property valued at? Mr. Santos-Alborna: I have information here that the property did sell for $2.1 million. And Legal Division Chief Rachel Dooley does have additional information that she may offer to you. Chair King: Please. City of Miami Page 49 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Rachel Dooley: Yes, and counsel for the property owner is also present, but yes, the sale for the lots, all lots together, which is 70th to 71st Street on Northeast 2nd Avenue, was for $2.1 million in October of 2022. So, it was a bundled sale. Vice Chair Carollo: How much, Rachel, was the market value of that property then, when it sold? Ms. Dooley: I 'll have -- I can check that for you right now. Vice Chair Carollo: Yeah. Ms. Dooley: I don 't -- the market value I didn't have. Vice Chair Carollo: Not what the property appraiser gives it, but whatever property value we might have -- or excuse me, market value we might have. Mr. Santos Alborna: I'm trying to find it here. Ms. Dooley: The only market value I'd be able to give you would be from the property appraiser. Is that sufficient or --? And that's the best I'd be able to do for you. Vice Chair Carollo: Yeah, it's really not, but at least give us that and -- Ms. Dooley: Okay. Vice Chair Carollo: -- I'll throw another 20 percent on it. Well, that's -- but it's true. Ms. Dooley: I certainly hope so with my house when I see it. Vice Chair Carollo: On the low end, they -- all the properties, they give you about a 20 percent less, except mine. Ms. Dooley: Yeah, I can look that up -- Vice Chair Carollo: They give me 20 percent more. Ms. Dooley: -- right now. I know that counsel wants to address you all as well. Chair King: Yeah, so allow counsel to address this. Arthur Noriega (City Manager): If I may, just for clarity, Commissioner, the property sold three months ago, so we actually have the sales price of what -- Chair King: Right, it was $2.1 million. Mr. Noriega: $2.1 million. Chair King: It sold for 2.1. Vice Chair Carollo: Right, but what I want to see is how much of a deal they got because of the $465, 000 that was owed to the City. Mr. Noriega: Okay, no, I just wanted to make sure you had heard that. Vice Chair Carollo: Because the people that are asking for the forgiveness are not the original owners that the fines were incurred with. These were new individuals that bought it. They had nothing to do with that. That 's a plus for them. But if they used City of Miami Page 50 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 lowering the price significantly because of that, knowing that they could come here and do that, while the owners of that property might not have known that, then you know, we've got to look at it a little differently than 10 percent. Chair King: Good morning, sir. Mr. Granoff Good morning. Loren Granoff, reintroducing myself. I'm sorry for jumping the gun a little bit early on protocol. Chair King: Not at all. Mr. Granoff So, lithe Chair and the Commission will permit me about two moments, two minutes, and ifI may approach the Chair because this property is in the Chair's district. Chair King: It is. Todd B. Hannon (City Clerk): Sir, if you want to hand the documents to me then I'll hand them out to the Commissioners. Mr. Granoff Sure. And what I'd like to -- what I'm handing up is a copy of a lawsuit that was filed, and this is how we got here today. Respectfully, the lawsuit challenges Section 2-817, and it's an issue that may at some point be ripe for the courts, but today we're here on the mitigation because the Law Department looked at the four corners of the lawsuit, and we efficiently, the date of filing of this lawsuit is June 26, 2023. We are in front of Madam Chair and the Commission today, September 14. And I come to you and it shows that -- so that breach of protocol early on shows you how little time I spend in front of the Commission. I've been practicing law in this community for 35 years, but this is generally not my venue. That stated, I've examined the amendment, I've examined the State statute, and we thought the lawsuit is the proper way to start, but this is where we would like to end, in front of the Commission on a mitigation. This is the second time I've been in front of the Commission. The first time was approximately 10 months ago on a, not just a similar issue, but a substantially similar issue, commercial property, Biscayne and around 80, a restaurant, $521, 000 of code violations, and we resolved that matter amicably after filing suit and being referred over here in October of 2022 at 10 percent, so it was $51, 000. And that is our proposal on this case. I'm not sure who counsel is. I have not had an opportunity to speak to counsel. I'll say opposing counsel on this. That stated, the Commissioner, Commissioner Carollo, asked some very good on point questions and comments about where this property has been before and the ownership. My client, Mr. Pierre, has owned this property. I'm not sure who this gentleman is, but there was an out-of-towner who came in. I don't know if there's been further transactions, but the code violations for which we are seeking our mitigation is for code violations that my client is responsible for. We do not walk away from that obligation. There were some very early contacts with the new buyer. Those contacts extended for about -- for several months. I filed the lawsuit relative to the mitigation, we are here within 90 days. So, we have tried to move efficiently to this. We have affidavits of compliance and we're here in good faith as we were -- as I was here in good faith 10 months ago suggesting that 10 percent of the accrued violations is the appropriate remedy. Thank you. Chair King: Thank you. From my colleagues. It is -- you have something else? Ms. Dooley: I didn't -- you know, he brought up a case that is not relevant to this one Chair King: Right. City of Miami Page 51 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Ms. Dooley: -- so just in response -- Chair King: Right. Ms. Dooley: -- that was one issue, one property -- Chair King: Right. Ms. Dooley: -- and they did not have a history of the same violation, although not a -- although this is not a repeat offender, they did not have a history of years of ticketing for the same violations. Chair King: Right. Ms. Dooley: So, it's not the same situation. So, I did just want to make that part clear. Rachel, on behalf of the City of Miami Law Department. I just wanted to make that part clear. I do have your answers if you wish, but I don 't want to interrupt you. Chair King: Well, let me just say, because this is in my district, and based on my briefings and the facts of this case, I am asking for 25 percent. Vice Chair Carollo: Okay, okay, alright. Can I --? Chair King: Do I have a motion? Vice Chair Carollo: Can I get --? Commissioner Diaz de la Portilla: I'll make the motion for 25 percent. Vice Chair Carollo: I'll second it for the purpose of discussion. Chair King: Okay. Vice Chair Carollo: Can I get from you, Rachel, the amount that the property appraiser has it that --? Rachel Dooley: So, from the 2022 at the time that it was sold, the -- for the 710 property, the market value was $156,000. Vice Chair Carollo: Can you just include all of them in one like they have? Ms. Dooley: You want me to add? Vice Chair Carollo: Yeah. Commissioner Reyes: She need a calculator? Vice Chair Carollo: You want me to work beyond my paygrade? Commissioner Diaz de la Portilla: Addition works here. Kind of an important issue here. Mathematics. I think it should be 30 percent, Chair. Mr. Granoff Just a brief rebuttal at the conclusion. Thank you. City of Miami Page 52 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Ms. Dooley: So, the market value total of all four properties in 2022 was $1.462 million. Vice Chair Carollo: 1.462. Ms. Dooley: Yeah. Commissioner Diaz de la Portilla: Not 2.1. Ms. Dooley: $1,462,000. Vice Chair Carollo: Okay, and you got a -- Commissioner Reyes: What is the fine? Vice Chair Carollo: -- you've got to throw at least 20 percent in that, so that's another $300,000. Commissioner Diaz de la Portilla: 320. Vice Chair Carollo: So, they're more or less in the ballpark where it's safe for what I'm looking at. What I was looking at was, was this property worth a lot more than what we've added here to what the property appraiser gave it, plus the 20 percent we added on to it, and the 2.1 million they paid for was way below because of the monies that were owed. And apparently that's not the case so -- Ms. Dooley: And I think before you today is actually -- is the prior owner who's the violator not the new owner. Vice Chair Carollo: Yeah, I understand that. Ms. Dooley: And based upon their contractual agreement, that's why they're here. Vice Chair Carollo: Yeah, I understand that. I -- that's fine. Chair King: So, I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Oh, wait, wait. He wanted to do a brief rebuttal. I'm sorry. Go ahead, sir. Mr. Granoff Thank you, Madam Chair. I just wish to underscore that 10 months ago on, respectfully, substantially similar commercial property, same district, 10 percent of the accrued violations was approved. And now we're at 25 percent and I'm asking Chair King: We review each case on a case -by -case basis and it's very fact -driven. And based on the facts of this case, I am comfortable with the 25 percent. I have a motion. Commissioner Diaz de la Portilla: And I prefer 30 percent. So, ifI were you, I'd leave it alone for now. Chair King: So, I have a motion and a second. All in favor? The Commission (Collectively): Aye. City of Miami Page 53 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Chair King: Motion carries unanimously. Thank you so much. Mr. Granoff Thank you. Todd B. Hannon (City Clerk): As amended. Chair King: As amended. RE.7 RESOLUTION 14434 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2926 SOUTHWEST 22 STREET, MIAMI, FLORIDA, CASE NUMBER CE2018002836, 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-23-0403 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Chair King: RE.7 Victoria Mendez (City Attorney): For RE.7, the Jennings disclosure present -- Commissioner Reyes: Yes. Ms. Mendez: I know that Commissioner Reyes has and everyone was briefed by the City Attorney's Office as well. Did any other disclosures or --? Thank you. Robert Santos-Alborna: Good morning, Commissioners, Madam Chairwoman, Robert Santos-Alborna, Code Compliance Director. RE.7 is a mitigation of a property located at 2926 Southwest 22nd Street. There were multiple violations, including failure to maintain and failure to register. The respondent accrued an amount of $157, 750 in fines, and the offer from the respondent is 15 percent, equivalent of $23, 662.50. Commissioner Reyes: That's fine because that -- Chair King: We have to hear from -- ma'am, go ahead. City of Miami Page 54 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Carli Koshal: Good morning, Commissioners, Carli Koshal on behalf of the applicant or the property owner here CCNDD LLC, here before you requesting settlement of the resolution. Rachel Dooley: Yes, as was previously discussed -- Rachel Dooley, on behalf of the City of Miami Law Department -- the two violations, the failure to maintain was cleaned up within a month of the hearing. Commissioner Reyes: Yes. Ms. Dooley: The owner failed to do the lot registration. That 's what remained outstanding for the next 11 months. Not that the lot wasn 't maintained that entire time. It was cleaned up within the first month. Commissioner Reyes: Yes, having that information, 15 percent is more than what I've been asking, which is 10 percent. So, I move it. Chair King: So, I have a motion for 15 percent. Commissioner Reyes: For 15 percent. Chair King: Do I have a second? All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): As amended. Chair King: As amended. Commissioner Reyes: As amended. Ms. Koshal: Thank you very much. RE.8 RESOLUTION 14466 Liberty City Community Revitalization Trust A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE AMENDED BUDGET OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST, ATTACHED AND INCORPORATED AS EXHIBIT "E," IN THE AMOUNT OF ONE MILLION, NINETY THOUSAND, SEVEN HUNDRED SEVEN AND 00/100 DOLLARS ($1,090,707.00) FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2022, AND ENDING SEPTEMBER 30, 2023. ENACTMENT NUMBER: R-23-0404 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Chair King: Now may I have a motion for RE.8 and 9? City of Miami Page 55 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Commissioner Diaz de la Portilla: I'll move it. Commissioner Covo: Second. Commissioner Reyes: I'm going to second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. RE.9 RESOLUTION 14570 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT, BUDGET, ALLOCATE, AND APPROPRIATE FUNDS FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE PLAN FOR 2023 - 2024 IN AN AMOUNT NOT TO EXCEED ($18,452,925) ("GRANT FUNDS") AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED HEREIN, 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, IMPLEMENTATION AND COMPLIANCE OF ALL APPLICABLE LAWS, RULES, AND REGULATIONS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0405 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number RE.9, please see Item Number RE.8 and "Public Comments for all Item(s)." City of Miami Page 56 Printed orl 10/25/2023 City Commission Meeting Minutes September 14, 2023 RE.10 14581 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ("CITY") MIAMI FOR EVERYONE PROGRAM IN A TOTAL AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($250,000.00) FOR THE DISTRICT SPONSORED "2023-24 MIAMI FOR EVERYONE GIFT CARD PROGRAM" ("PROGRAM"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, SUBJECT TO APPLICABLE REQUIREMENTS OF ALL FEDERAL, STATE, AND LOCAL LAWS, INCLUDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0406 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Chair King: RE.10 needs to be amended. Todd B. Hannon (City Clerk): Yes, submit the exhibit into the record. Chair King: Can we submit the exhibit? That's done? Mr. Hannon: Yes, ma'am. Chair King: So, may I have a motion for RE.10, the gift card program? Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: So moved. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 57 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 RE.11 14577 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING GRANT FUNDS FROM THE DISTRICT 1 COMMISSIONER'S SHARE OF THE CITY OF MIAMI'S ("CITY") MIAMI FOR EVERYONE PROGRAM IN A TOTAL AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($250,000.00) FOR THE DISTRICT 1 SPONSORED "2023 BACK TO SCHOOL GIFT CARD PROGRAM" ("PROGRAM"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, SUBJECT TO APPLICABLE REQUIREMENTS OF ALL FEDERAL, STATE, AND LOCAL LAWS, INCLUDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0407 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Chair King: Okay, RE.11. May I have a motion? Commissioner Diaz de la Portilla: I'll move it. Commissioner Covo: I move it. Commissioner Reyes: I'll second but -- Commissioner Covo: Second. Commissioner Reyes: -- I think that RE.11, 12, and 13 -- Chair King: No, 12 has -- I have to take 12 up separately because there needs to be -- Commissioner Diaz de la Portilla: One at a time. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: One at a time. Commissioner Reyes: Okay, okay, that's fine. Commissioner Diaz de la Portilla: This is District 1, this is 1. Commissioner Reyes: Yeah, I know, I know because it's going to be different -- you know, you're going to be asking different things. Commissioner Diaz de la Portilla: It's a different ask, yeah. City of Miami Page 58 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 RE.12 14578 Commissioners and Mayor Commissioner Reyes: Different amounts. Commissioner Diaz de la Portilla: It's the same total, but different amounts. Commissioner Reyes: Yes, yes, yes. Chair King: Okay. Commissioner Reyes: I stand corrected. Chair King: All right. So, RE.11, I have a motion and a second. Commissioner Reyes: Move it, move it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING GRANT FUNDS FROM THE DISTRICT 3 COMMISSIONER'S SHARE OF THE CITY OF MIAMI'S ("CITY") MIAMI FOR EVERYONE PROGRAM IN A TOTAL AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($250,000.00) FOR THE DISTRICT SPONSORED "2023 DISTRICT 3 GROCERY ASSISTANCE GIFT CARD PROGRAM" ("PROGRAM"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, SUBJECT TO APPLICABLE REQUIREMENTS OF ALL FEDERAL, STATE, AND LOCAL LAWS, INCLUDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0408 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Chair King: RE.12 must have a note that it's amended. Commissioner Reyes: As amended, I move it. Chair King: As amended. City of Miami Page 59 Printed orl 10/25/2023 City Commission Meeting Minutes September 14, 2023 RE.13 14579 Commissioners and Mayor Commissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries, RE.12. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING GRANT FUNDS FROM THE DISTRICT 4 COMMISSIONER'S SHARE OF THE CITY OF MIAMI'S ("CITY") MIAMI FOR EVERYONE PROGRAM IN A TOTAL AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($250,000.00) FOR THE DISTRICT SPONSORED "2023-24 DISTRICT 4 GIFT CARD PROGRAM" ("PROGRAM"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, SUBJECT TO APPLICABLE REQUIREMENTS OF ALL FEDERAL, STATE, AND LOCAL LAWS, INCLUDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0409 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Chair King: So, I think we can take up RE.13 and 14. Commissioner Reyes: I move it. Commissioner Covo: I second. Chair King: All in favor? Commissioner Diaz de la Portilla: What -- so RE.13? Chair King: 13 and 14. Commissioner Diaz de la Portilla: We're doing them separate or together? Chair King: Together, RE.13 and 14. Commissioner Reyes: It's the same amount. Commissioner Diaz de la Portilla: Okay, okay. City of Miami Page 60 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 RE.14 14582 Commissioners and Mayor Commissioner Reyes: Same amount. Commissioner Diaz de la Portilla: Alright, so move -- I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 170.07, FLORIDA STATUTES, FIXING THURSDAY, OCTOBER 26, 2023, AT 10:00 A.M. AT MIAMI CITY HALL, LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA 33133, AS THE TIME AND PLACE AT WHICH THE OWNERS OF THE PROPERTIES TO BE ASSESSED FOR THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID"), PURSUANT TO THE PRELIMINARY ASSESSMENT ROLL IDENTIFIED IN RESOLUTION NO. 23-0256 ADOPTED JUNE 8, 2023, AND ON FILE WITH THE CITY OF MIAMI CLERK'S OFFICE OR ANY OTHER PERSONS INTERESTED THEREIN, TO APPEAR BEFORE THE MIAMI CITY COMMISSION AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF STABILIZING AND IMPROVING THE BID, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFORE, AND AS TO THE AMOUNT THEREOF TO BE ASSESSED AGAINST EACH PROPERTY SO IMPROVED, AS SET FORTH IN RESOLUTION NO. 23-0256. ENACTMENT NUMBER: R-23-0360 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number RE.14, please see Item Number RE.13. City of Miami Page 61 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 RE.15 14576 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RECOGNIZING THE SECOND MONDAY OF OCTOBER EVERY YEAR AS "INDIGENOUS PEOPLES' DAY" INSTEAD OF COLUMBUS DAY WITHIN THE CITY OF MIAMI ("CITY") AND COMMITTING TO FOSTERING AN INCLUSIVE AND DIVERSE ENVIRONMENT WITHIN THE CITY THAT ACKNOWLEDGES AND RESPECTS THE RIGHTS AND CONTRIBUTIONS OF ALL INDIVIDUALS; DIRECTING THE CITY MANAGER TO BRING FORTH FUTURE LEGISLATION TO AMEND SECTION 40-108 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO MAKE REFERENCE TO INDIGENOUS PEOPLES' DAY; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item RE.15 was deferred to the September 28, 2023, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number RE.15, please see "Public Comments for all Item(s)." Chair King: We're going to come back to RE.15. Commissioner Carollo would like to discuss that and he's -- Commissioner Reyes: So would I. Commissioner Diaz de la Portilla: So would I. Chair King: So, everybody wants to discuss it. Commissioner Diaz de la Portilla: Yes, so I think -- Chair King: Okay. Commissioner Diaz de la Portilla: -- the best thing we can do, Madam Chair, with all due respect, is to defer that item to the next Commission meeting so we can talk about it. Commissioner Reyes: Absolutely, yeah. Chair King: Do we want to defer it? Commissioner Diaz de la Portilla: Yeah, I want to move to defer RE. 15. Commissioner Reyes: I second it. Chair King: If it's the will of the body, all in favor? City of Miami Page 62 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): And that will be to the September 28th meeting? Commissioner Diaz de la Portilla: Yes, the next meeting. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: By the way, we can 't have the option of doing both, Madam Chair, of both names. Commissioner Reyes: Yes, and -- Commissioner Diaz de la Portilla: Instead of changing one name to the other, just both names. It may work, but that's between now and then, so I want to say it publicly. Commissioner Reyes: You know, between now and then, we can discuss. Commissioner Diaz de la Portilla: We can discuss it. Commissioner Reyes: Cancel culture which I don't agree with it. Commissioner Diaz de la Portilla: Yeah, exactly. Chair King: Okay. Commissioner Reyes: That's my problem. Chair King: Okay, okay. Commissioner Reyes: I am inclusive -- Commissioner Diaz de la Portilla: Yes, yes. Commissioner Reyes: -- instead of canceling. Chair King: RE.16. Commissioner Diaz de la Portilla: We still have a Republican majority on this Commission. Chair King: RE.16 -- Commissioner Covo: Who said that? We're nonpartisan. Chair King: -- needs to be amended. Commissioner Covo: I'm with Madam Chair on this one. I don't know why we need to defer it. We could discuss it. Chair King: We'll discuss it next meeting. Commissioner Diaz de la Portilla: Okay. Chair King: Okay. City of Miami Page 63 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Commissioner Covo: Oh, no, whatever you guys want. Commissioner Reyes: No, let's -- Commissioner Diaz de la Portilla: We should have a full dais then so we can vote it down. Commissioner Reyes: That's right. Chair King: Yeah, yeah, yeah. Commissioner Diaz de la Portilla: Do you want to vote it down or do you want to defer it? Chair King: I deferred it. We deferred it already. Commissioner Diaz de la Portilla: I know, it's deferred. Commissioner Covo: Okay. Commissioner Reyes: Okay, that's deferred. Commissioner Diaz de la Portilla: Unless you want to vote it down. We can do that. Commissioner Reyes: And besides that, this goes -- Commissioner Covo: I'm not going to vote it down. Commissioner Reyes: -- this goes beyond Republican and Democrat. It's the principle of canceling. Commissioner Diaz de la Portilla: Of course, of course. That 's a debate we don't want to have right now in this commission. Commissioner Reyes: It's a principle that we cannot accept. That 's a tool that is used by all totalitarian regimes. Chair King: Okay. Commissioner Reyes: Okay? Chair King: Okay. Commissioner Diaz de la Portilla: We'll take it from there. City of Miami Page 64 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 RE.16 14580 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING GRANT FUNDS FROM THE DISTRICT 5 COMMISSIONER'S SHARE OF THE CITY OF MIAMI'S ("CITY") MIAMI FOR EVERYONE PROGRAM IN A TOTAL AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($250,000.00) FOR THE DISTRICT SPONSORED "2023-24 DISTRICT 5 VISA GIFT CARD PROGRAM" ("PROGRAM"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, SUBJECT TO APPLICABLE REQUIREMENTS OF ALL FEDERAL, STATE, AND LOCAL LAWS, INCLUDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0410 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Chair King: RE.16, as amended. May I have a motion? Commissioner Covo: RE.16? Commissioner Reyes: Which one? Chair King: RE.16. Commissioner Diaz de la Portilla: Can we reduce that amount and -- Chair King: Don 't start playing. Commissioner Diaz de la Portilla: -- send it over to District 1? Chair King: No. Commissioner Diaz de la Portilla: Okay. Alright, so I'll move it then. Commissioner Reyes: I second. Chair King: A second. All in favor? The Commission (Collectively): Aye. City of Miami Page 65 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 RE.17 14592 Department of Finance RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING THE OFFICIAL INTENT OF THE CITY OF MIAMI, FLORIDA ("CITY") TO ISSUE TAX-EXEMPT AND TAXABLE SPECIAL OBLIGATION BONDS OR ANY OTHER FINANCING MECHANISM ADVANTAGEOUS TO THE CITY ("FINANCING MECHANISM"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, IN THE EXPECTED TOTAL MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF TWO HUNDRED FIFTY MILLION DOLLARS ($250,000,000.00) IN ORDER TO, AMONG OTHER THINGS, REIMBURSE ITSELF FROM THE PROCEEDS OF SUCH SPECIAL OBLIGATION BONDS OR FINANCING MECHANISM FOR FUNDS ADVANCED BY THE CITY FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO THE DEVELOPMENT, CONSTRUCTION, AND EQUIPPING OF A NEW CITY ADMINISTRATION BUILDING AND RELATED PARKING FACILITIES, AND FOR CERTAIN CAPITAL IMPROVEMENTS INFRASTRUCTURE PROJECTS RELATED THERE TO BE LOCATED AT APPROXIMATELY 1802 NW 37TH AVENUE, MIAMI, FLORIDA (COLLECTIVELY, "NEW CITY ADMINISTRATION COMPLEX PROJECTS"); ESTABLISHING CERTAIN RELATED DEFINITIONS OF TERMS; AND AUTHORIZING CERTAIN FURTHER AND INCIDENTAL ACTIONS BY THE CITY MANAGER, IN CONSULTATION WITH THE CITY ATTORNEY AND BOND COUNSEL, AND SUCH OTHER APPROPRIATE OFFICERS, EMPLOYEES, AND AGENTS OF THE CITY, AS THE CITY MANAGER DEEMS NECESSARY, ALL AS REQUIRED FOR PURPOSES OF SECTIONS 103 AND 141-150 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; FURTHER AUTHORIZING RELATED AMENDMENTS TO THE CITY'S MULTI- YEAR CAPITAL PLAN, AS MAY BE SUBSEQUENTLY AMENDED. ENACTMENT NUMBER: R-23-0411 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Chair King: Now, we can go on with RE.17, 18, and 19. C'onunissioner Reyes: Move it. Chair King: Do I have a motion? I have a motion. Can I have a second? C'ouunissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Okay, we are done with the resolutions. City of Miami Page 66 Printed orl 10/25/2023 City Commission Meeting Minutes September 14, 2023 RE.18 14593 City Manager's Office RE.19 14591 City Manager's Office RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR - FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CITY CODE, TO ENABLE THE CITY MANAGER TO ENTER INTO AN EXPERT CONSULTING AGREEMENT WITH MICHAEL LIU TO TRANSACT BUSINESS WITH AND FOR THE CITY OF MIAMI. ENACTMENT NUMBER: R-23-0412 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number RE.18, please see Item Number RE.17. RESOLUTION A RESOLUTION OF THE MIAMI COMMISSION, APPROVING A WAIVER OF CONFLICTS IN THE EXPERT CONSULTANT AGREEMENT ("AGREEMENT") WITH JAVIER E. FERNANDEZ, P.A. D/B/A SMGQ LAW, A FLORIDA PROFIT CORPORATION ("SMGQ LAW'), TO ENGAGE MR. JAVIER E. FERNANDEZ FOR THE PROVISION OF ASSISTANCE TO THE CITY OF MIAMI ("CITY") IN ITS EFFORTS TO FORM AN INSTRUMENTALITY AGENCY OF THE CITY DEDICATED TO THE DEVELOPMENT OF AFFORDABLE AND WORKFORCE HOUSING; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN THE CITY AND SMGQ LAW, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI 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-23-0413 City of Miami Page 67 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number RE.19, please see Item Number RE.17. END OF RESOLUTIONS City of Miami Page 68 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 13645 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING City Manager's CHAPTER 31/ARTICLE II/SECTION 31-51 OF THE CODE OF THE Office CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR)/FOOD TRUCKS OPERATING ON PRIVATE LAND," TO PROVIDE FOR A PERMANENT FOOD TRUCK ORDINANCE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, 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 FR.1, please see "Order of the Day" and "Public Comments for all Item(s). " Chair King: First readings. Madam City Attorney, would you please read the titles into the record? Victoria Mendez (City Attorney): Thank you, Madam Chair. FR.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: That's FR.1. FR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: As amended, there was a substitution on FR.2. Then FR.3. FR.3. The Ordinance was read by title into the public record by the City Attorney. Arthur Noriega (City Manager): For purposes of -- Madam Chair, for purposes of clarification, this park is mistakenly identified as being in District 2. It actually resides in District 3. Vice Chair Carollo: Yes, and let me, if I may, Chair, add the following. When Commissioner Covo started working on this, right when her term began, it was in District 2, so I have no problem whatsoever in naming this. I congratulate her for taking this initiative. I think it's positive. You still keep the name of Simpson -- Commissioner Covo: Thank you. Vice Chair Carollo: -- on it and even though now it's in my district, I, you know, would have followed her footsteps in doing this. So, thank you for bringing this up to our attention. City of Miami Page 69 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Chair King: So, does anyone want to --? Ms. Mendez: Madam Chair, one more. Chair King: Oh, you didn't finish? Mr. Noriega: No. Ms. Mendez: No, no. Chair King: All right, go ahead. Go ahead. Ms. Mendez: FR.4. Commissioner Diaz de la Portilla: FR.4. Ms. Mendez: FR.4. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Those are the first reading ordinances. Chair King: Colleagues, if there's anything that you want to take out of these first readings for discussion? Commissioner Diaz de la Portilla: I have a question for -- Chair King: Wait, hold on, hold on. Commissioner Reyes: Hold on a second. I want to add that I received some substitution for no net loss and I (UNINTELLIGIBLE) updated legislation which includes most of the requirements that we have only with one -- that we had before, only with one minor change that we requested that any parkland should have been in service or open to the public within two years. And they requested an extension to three years. That way they have more time. And believe me, after -- and you know that, Joe, that when you start doing a park and -- I mean, it takes time, man, because of many problems that come up that you don 't -- foreseen problems, okay. I am fine with three years, and that's it. And my objection to no net loss, I just -- Commissioner Covo: I also got the clarification, Madam Chair, for the rooftops. Chair King: Right. Commissioner Reyes: Yes, and there is also -- Chair King: There's no roof. Commissioner Covo: There's no rooftop. Commissioner Reyes: There is no rooftop, yeah. Chair King: Commissioner. Commissioner Reyes: Okay, okay. City of Miami Page 70 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Commissioner Diaz de la Portilla: I'm just curious, just for my own education, why Simpson Park -- Rockland Hammock Preserve Park? What's the reasoning behind that? Commissioner Reyes: That's a good question. Commissioner Diaz de la Portilla: Let me -- I just want to know. Commissioner Covo: Well, we're trying to save our environment. We are -- Commissioner Diaz de la Portilla: How does it save --? By changing the name, how do we save the environment? Commissioner Covo: It creates awareness. Commissioner Diaz de la Portilla: So, it's an awareness issue, okay. Vice Chair Carollo: We're bringing attention to it. Commissioner Covo: It's attention. It's awareness. It's (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: Yeah, I'm just curious. Commissioner Covo: And we have more. Ms. Mendez: It's one of three. Commissioner Diaz de la Portilla: We all want to save the environment. I just want to know why changing the name saves the environment. Ms. Mendez: It's one of three natural resource parks in the county. Commissioner Covo: Exactly. Commissioner Diaz de la Portilla: So, let's change them all. Commissioner Covo: You want to change them all? Ms. Mendez: That's the only one in the city. Commissioner Diaz de la Portilla: Yeah, yeah, yeah. Commissioner Covo: That's the only one that I have. Well, I don't have it anymore. Commissioner Diaz de la Portilla: Let's change Columbus Day too to Indigenous Day. Vice Chair Carollo: You do have another hammock. Commissioner Covo: Huh? Vice Chair Carollo: You do have another hammock. Commissioner Covo: I do have another hammock? Vice Chair Carollo: Wainwright. City of Miami Page 71 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Commissioner Diaz de la Portilla: That's a hammock, yeah. Vice Chair Carollo: 20 acres. Commissioner Diaz de la Portilla: Alice Wainwright Park. Commissioner Covo: Oh, true. Commissioner Diaz de la Portilla: We have Alice Wainwright Park. Vice Chair Carollo: It's beautiful. Commissioner Covo: Yeah, but that one we're not changing now. Vice Chair Carollo: Right by the water. Commissioner Diaz de la Portilla: Not yet. Commissioner Covo: No, no, no. Vice Chair Carollo: Wainwright, yeah. Chair King: Okay, so I believe we're ready. I have a motion and a second. All in favor? Todd B. Hannon (City Clerk): I'm sorry, Chair. Who was the mover and the seconder? I missed it. My apologies. Commissioner Reyes: I move it. Chair King: Commissioner Reyes. Commissioner Diaz de la Portilla: And I'll second it. Chair King: Commissioner Diaz. Vice Chair Carollo: I'm making one amendment to it. Since it's a hammock, very old - Commissioner Diaz de la Portilla: Like Curtis Park too. We could rename Curtis Park. Vice Chair Carollo: -- that we include in the entrance a statue of Christopher Columbus. Commissioner Diaz de la Portilla: Yeah. We can name the entrance to the park Christopher Columbus Way. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Commissioner Covo: Without the amendment, right? Chair King: Yes. City of Miami Page 72 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Vice Chair Carollo: Without the amendment. Chair King: Without the amendment. Vice Chair Carollo: Without the amendment. Commissioner Diaz de la Portilla: For now, we'll come back. Vice Chair Carollo: Without the amendment. Chair King: Okay. Commissioner Diaz de la Portilla: Another Commission meeting. Mr. Hannon: With only FR.2 being amended. FR.2, amended. Chair King: Yes. Commissioner Diaz de la Portilla: We'll come back after the election for another -- FR.2 ORDINANCE First Reading 13919 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 62/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND Planning ZONING/COMPREHENSIVE PLANNING," TO CREATE A NO NET LOSS POLICY; FURTHER AMENDING CHAPTER 62 OF THE CITY CODE, TITLED "PLANNING AND ZONING," CREATING A NEW ARTICLE XIX, TITLED "PROCEDURES FOR NO NET LOSS POLICY FOR PARK LAND," TO ESTABLISH LAND DEVELOPMENT REGULATIONS THAT IMPLEMENT POLICY PR- 2.1.1 OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN; CREATING STANDARDS FOR THE REPLACEMENT AND CONVERSION OF PARK LAND TO OTHER USES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number FR.2, please see Item Number FR.1 and "Public Comments for all Item(s)." City of Miami Page 73 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 FR.3 ORDINANCE First Reading 14380 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 3367 ADOPTED JANUARY 31, 1927, NAMING THE PUBLIC PARK LOCATED AT SOUTH MIAMI AVENUE AND FIFTEENTH ROAD AS "SIMPSON PARK" AND REPLACING IN LIEU THEREOF, WITH AN ORDINANCE NAMING THE PARCELS OF LAND CONSISTING OF APPROXIMATELY 363,141 SQUARE FEET LOCATED AT 85 AND 55 SOUTHWEST 17 ROAD, MIAMI, FLORIDA, FOLIO NOS. 01-4139-011-0010 AND 01-4139-059-0020 RESPECTIVELY, AND OTHER CONTIGUOUS PARCELS THAT MAY BE ADDED IN THE FUTURE AS "SIMPSON ROCKLAND HAMMOCK PRESERVE PARK"; AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION/IN GENERAL", BY CREATING SECTION 38-35, TITLED "NAMING OF SIMPSON ROCKLAND HAMMOCK PRESERVE PARK"; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE NAMING OF THE PARK; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: For minutes referencing Item Number FR.3, please see Item Number FR.1. FR.4 ORDINANCE First Reading 14537 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2/SECTION 2-207 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT/ZONING CERTIFICATE OF USE REQUIRED; ANNUAL REINSPECTION OF BUILDINGS AND PREMISES; FEES FOR INSPECTIONS AND ISSUANCE OF CERTIFICATES," MORE PARTICULARLY BY REMOVING THE REQUIREMENT FOR DUPLICATIVE CERTIFICATES OF USE FOR COWORKING OR VIRTUAL OFFICE SPACES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes City of Miami Page 74 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 Note for the Record: For minutes referencing Item Number FR.4, please see Item Number FR.1. END OF FIRST READING ORDINANCES City of Miami Page 75 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 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 RESULT: NO ACTION TAKEN City of Miami Page 76 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 BC.2 14453 Office of the City Clerk BC.3 14039 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 Commission -At -Large Commission -At -Large Commission -At -Large Commission -At -Large Commission -At -Large RESULT: NO ACTION TAKEN 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: Cornelia "Corky" Dozier Mayor Francis Suarez German DuBois, III Mayor Francis Suarez Maria Napoles Mayor Francis Suarez Adonnis Parker Mayor Francis Suarez Marvin Weeks Mayor Francis Suarez City of Miami Page 77 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 ENACTMENT NUMBER: R-23-0416 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: A motion was made by Commissioner Reyes, seconded by Commissioner Diaz de la Portilla, and was passed unanimously to appoint German DuBois, III as a member of the Arts and Entertainment Council, further waiving the residency requirements contained in Section 2-884(a) of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the City Commission, as said requirement relates to the appointment of German DuBois, III as a member of the Arts and Entertainment Council Note for the Record: A motion was made by Commissioner Reyes, seconded by Commissioner Diaz de la Portilla, and was passed unanimously to appoint Maria Napoles as a member of the Arts and Entertainment Council, further waiving the term limits contained in Section 2-885(b) of the Code of the City of Miami, as amended, by a unanimous (5/5) vote of the members of the City Commission, as said requirement relates to the appointment of Maria Napoles as a member of the Arts and Entertainment Council Chair King: Todd, would you do our boards, please? Todd B. Hannon (City Clerk): Thank you, Chair. BC.3, Arts and Entertainment Council, Mayor Suarez would like to appoint the following individuals: Cornelia "Corky" Dozier, Addonis Parker, German DuBois. And would like to reappoint the following individuals: Marvin Weeks and Maria Napoles. Mr. Dubois requires a four - fifths residency waiver and M. Napoles requires a five -five term waiver. Chair King: I have a motion. Commissioner Diaz de la Portilla: Well -- Commissioner Diaz de la Portilla: Second. Commissioner Diaz de la Portilla: -- the term limit waiver, how many years has the person served? It's a female, right? Has she served? Because we had a conversation about another appointee that has been here 11 years so we want to know how long the person served. Because if we're subjected to the term limits -- remember the conversation Commissioner Reyes? We're subjected to the term limits. Appointees should also be subject to the term limits, right? Fair is fair and across the board. So how many years? Mr. Hannon: Ten years. Commissioner Diaz de la Portilla: Borderline. Let's go ahead and do it. Why not? Chair King: Okay. So I have a motion and a second. All in favor? Mr. Hannon: Who was the seconder? Chair King: Commissioner -- Commissioner Diaz de la Portilla: Diaz -- City of Miami Page 78 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 BC.4 6672 Office of the City Clerk BC.5 14454 Office of the City Clerk Chair King: -- Diaz de la Portilla. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King 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: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Joe Carollo Commissioner Manolo Reyes City of Miami Page 79 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 BC.6 13122 Office of the City Clerk BC.7 14455 Office of the City Clerk 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 RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commission -At -Large City of Miami Page 80 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 BC.8 6958 Office of the City Clerk BC.9 14456 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 RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Sabina Covo RESULT: NO ACTION TAKEN City of Miami Page 81 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 BC.10 14041 Office of the City Clerk BC.11 14042 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN AND QUALITY OF LIFE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 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 RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Lura Woodley ENACTMENT NUMBER: R-23-0417 NOMINATED BY: Commissioner Christine King MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes City of Miami Page 82 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 BC.12 5976 Office of the City Clerk Todd B. Hannon (City Clerk): BC.11, Community Relations Board. Chairwoman King would like to appoint Lura Woodley. Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Mr. Hannon: Thank you, Chair. 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 City of Miami Page 83 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 BC.13 14457 Office of the City Clerk BC.14 7963 Office of the City Clerk RESULT: NO ACTION TAKEN 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 Joe Carollo Commissioner Manolo Reyes RESULT: NO ACTION TAKEN 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 RESULT: NO ACTION TAKEN City of Miami Page 84 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 BC.15 14458 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Commissioner Alex Diaz de la Portilla (Citizen — Category 7) Commissioner Alex Diaz de la Portilla (Architect/Architectural Historian - Category 4) Commissioner Joe Carollo (Historian or Architectural Historian - Category 3) Commissioner Joe Carollo (Business and Finance or Law — Category 6) Commissioner Manolo Reyes (Architect — Category 1) Commissioner Christine King (Landscape Architect — Category 2) RESULT: NO ACTION TAKEN City of Miami Page 85 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 BC.16 14459 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 RESULT: NO ACTION TAKEN City of Miami Page 86 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 BC.17 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: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Sabina Covo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large City of Miami Page 87 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 BC.18 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 RESULT: NO ACTION TAKEN City of Miami Page 88 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 BC.19 9270 Office of the City Clerk BC.20 14425 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI TECHNOLOGY COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: 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 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE OFF-STREET PARKING BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Marvin Wilmoth Off -Street Parking Board (At -Large Appointment) ENACTMENT NUMBER: R-23-0418 City of Miami Page 89 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 BC.21 14043 Office of the City Clerk MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Todd B. Hannon (City Clerk): BC.20, Off -Street Parking Board. The Off -Street Parking Board is seeking confirmation of Marvin Wilmoth. For the record, I will be submitting into the record a signed memo, resolution, and a resume provided by the Board. Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: I'll second. Chair King: All in favor? The Commission (Collectively): Aye. Mr. Hannon: That concludes the committees and boards. Thank you, Chair. Chair King: Thank you, Todd. 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 RESULT: NO ACTION TAKEN City of Miami Page 90 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 BC.22 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 RESULT: NO ACTION TAKEN City of Miami Page 91 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 BC.23 11273 Office of the City Clerk BC.24 13716 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 RESULT: NO ACTION TAKEN 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 RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES City of Miami Page 92 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 DI - DISCUSSION ITEM DI.1 DISCUSSION ITEM 14225 A DISCUSSION ITEM REGARDING HOMELESS. Commissioners and Mayor RESULT: DISCUSSED Vice Chair Carollo: Now if we could shift -- Who 's the guy behind you there, Mr. Manager? With the glasses? Commissioner Diaz de la Portilla: I think it's the police chief. Vice Chair Carollo: Did we hire somebody new? Mr. Noriega: You mean the police chief? Vice Chair Carollo: Did we hire somebody new? Chair King: Exactly. Commissioner Reyes: That's (UNINTELLIGIBLE), right? Vice Chair Carollo: I hadn't seen him in a while. Boy. I hadn 't seen him in a long time. Commissioner Diaz de la Portilla: He's in top shape by the way. Commissioner Reyes: Wow. Vice Chair Carollo: Yeah. Commissioner Diaz de la Portilla: You look good. Vice Chair Carollo: I thought it was one of those guys in the DROP (Deferred Retirement Option Plan) program that we lost. On my homeless now, I have one particular area that it's like, I don 't know what the problem is, but each night that you go by there, it's just 10, 12 people, on Flagler and 12th. You go -- that small block between 12th and 1st Street Northwest, I got another four to six there every night. And then between 12th Avenue and 8th Avenue and 1st -- on Flagler rather, I probably have another dozen that are sleeping in different places. We go there in the mornings, we're not going to find hardly anybody. So, to get a report that I went there and nothing's happening, it reminds me of some of the reports we used to get in Code. They would go to places and nothing's happening. Of course, the stuff happens at night. So, we really need some help there, because particularly that area around 12th and Flagler, 1st, and across to 1st Southwest also, where Walgreens is, it 's starting to get really out of hand again. Down 8th Street, from in particularly 12th to 4th, we have the same thing. We have homeless sleeping in different places. And then, of course, Jose Marti Park, you always have homeless in different places there also. And I would like for each meeting, Commission meeting, to have a report in what has been City of Miami Page 93 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 done. And when I need people to go out is at night, really, for the most part. 85 percent of the work, 80 percent needs to be done at night. Manuel Morales: Good morning, still. Manny Morales, Chief of Police. Commissioner, what we'll do is we'll modem the report that your office and everyone's office gets each and every Monday that we send the Homeless Heat weekly report and we'll add -- we'll modem the times that they hit those locations. If at any time you have a complaint synonymous to the one that you have that we 're hitting a location as we did Flagler on 12 -- 9/5, 9/6, and 9/7, and we kind of missed the times that they were there, just kind of let me know and we'll adjust. We'll modify and make sure we deploy. Vice Chair Carollo: What I'd like to get from you, Chief or from whomever -- Mr. Morales: Yes, sir. Vice Chair Carollo: -- is at the nighttime, how many people were there and how many people were you able to place in different shelters or different locations. Mr. Morales: So, what we'll absolutely do -- and we keep the placements -- and to give you a broad idea of what the HEAT team has done, right, and those efforts are not all inclusive, right? They're -- every patrol officer does encounter and makes homeless placements and they can make homeless arrests. However, the team that is specifically trained and focuses only on those issues that are surrounding our homeless population, since the inception in August of 2021, they've encountered 6,300 individuals and they've placed a little bit over 5,000. That gives us an 80 percent placement. We're really focusing our efforts on placement versus enforcement, right? We really try to make sure that they're getting the assistance that they need. We know that some individuals are shelter resistant and even though these individuals that we place take the shelter that night and come out the very next day, our focus is on having a maintenance and a repetitive process to make sure that we encourage them to get the help that they need. Just this year alone, the percentage of placement is over 88 percent. So, we're kind of targeting and trying to get in focus of we'11 make sure that we kind of -- Vice Chair Carollo: Yeah, I will tell you -- Mr. Morales: -- fine-tune it. Vice Chair Carollo: -- something that I saw late yesterday around 5 p.m. around Biscayne Boulevard and 180th Street or so. There was actually a homeless individual with one of the carts over there. So, at least I'm seeing that now it's just not all the City of Miami that is full of homeless and -- Commissioner Reyes: Yes. Vice Chair Carollo: -- we're getting them all. However, the negative part was that he wasn 't going towards Broward County. Mr. Morales: He's coming to the Magic City? Vice Chair Carollo: He was going -- Commissioner Reyes: My way. City of Miami Page 94 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Vice Chair Carollo: -- our way. So, I didn't have the time to see where he ended up at, but at least, you know, he was out there. But hopefully he wasn 't a new one that was coming, being sent to us. Commissioner Covo: Madam Chair and Commissioner, can I add some locations that I've been reporting them, but they're ongoing? So, we have in Regatta Park right here, actually with the tents and everything, a lady that maybe we can find some help for her. Mr. Morales: Okay. Commissioner Covo: Margaret Pace has become an issue because we've also gotten reports of like when they're exposed to children and the parents are very concerned. We also have had an Allen Morris Park issue. And I did walk Peacock Park at 5 a.m. because they advised me that 5 a.m. is the best time to actually try and walk because I wanted to see what was the situation. I wanted to actually speak to the unhoused that were there. That day there was no one. But what they explained to me is that they -- for example, if they are in Peacock Park that has no gate, right -- and I hate the gated parks, I have to say it. But then they return during the day and there's nothing to be done because it's on their right to be there. So, that's like the challenge that I've been seeing in my district. Mr. Morales: Okay. We'll make a note of that. We'll add them to the rotation for the HEAT team, absolutely. Vice Chair Carollo: And by the way, Chief since last year sometime, I've lost track of when we went to the 100-plus homeless that we used to have at Ferre Park, and with your assistance, and you walked one night with me, I can report to you that we no longer have any kind of homeless problem at Ferre Park. So, it's everything we did and some of the additional stuff that we've done has worked. It can work there. It can work in any part of our city. Mr. Morales: Absolutely, sir. It's just being able to have that determination, that maintenance, and that constant follow-through. So, just touching on the point that you made with the shopping carts, that's definitely our strategy, right? We do take a compassionate approach, but the shopping carts is something that we know we don 't tolerate. There's an individual that we're kind of working on, should be familiar in your district, in the northeast corner of Southwest 17th and 7. Vice Chair Carollo: Yeah. Mr. Morales: So, yesterday I sent Commander Abreu and his team over there because he was once there again -- Vice Chair Carollo: Yeah, he's there. Mr. Morales: -- but that male needs some assistance and I know he's in crisis. Vice Chair Carollo: He does. He needs assistance. Mr. Morales: So we're dealing with him. Vice Chair Carollo: But you just touched upon something that is another tool that we have. And it's a big difference when you have an elderly person that takes a cart, and what they have inside the cart is food that they just bought from Presidente, Sedano 's, Winn -Dixie, Fresco, or Publix. They're not supposed to, but the big difference, that City of Miami Page 95 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 they're trying to take their heavy bags offood home, and it 's food. As you know, what has happened is a lot of the so-called homeless, they'll have two and three carts. Mr. Morales: Yeah. Vice Chair Carollo: And those carts are expensive. There's a price. So, there 's another tool that we have there that we can use it to kind of encourage people to do what's right. This is not in my district now, but you know, it's -- all of Miami is our city and we should care for every part of it. Downtown, for a while, we had cleaned some of the areas up, but it's back to just being a mess. Just a block, two blocks away, as we're coming up from Biscayne to 2nd Avenue, you have all kinds of tents on the sidewalk that you can't walk through the sidewalk. The only way you can walk is through the streets. You know, it's a total encampment that you have there. And, Mr. Manager, we need to go there and see how we can help those people there. But they cannot block our sidewalks like they are. And the sites are really scary. Commissioner Covo: So, we need to find permanent solutions to help them. Yesterday, during open office hours, I got two more seniors that now have no home. And many times, they have the carts. And in their carts, they have their valuables, things that they had at home, like their photos. It 's heartbreaking. And then we get requests of people in line trying to find a Section 8 apartment or trying to see if they can get temporary -- I had one lady that she told me that she was about to return to Cuba. Senior lady. Imagine. I mean, if you want to return to Cuba, you must be in a horrible condition. Because she was like, I lived here all of my life, I couldn 't afford my house. So, it's a huge issue. It's not only the enforcement, but also what can we do, Mr. Manager, as a city, to make sure that we can provide help, assistance, and housing. Mr. Morales: So, Commissioner, I hear you loud and clear. And listen, our focus has always been and continues to be on placement and finding the assistance as they need. And one of the things that I go out and when I talk to other major city chiefs and we look at the problems that are going across our nation is I tell them very proudly, right, because we have a lot of instances when folks similar to what you just mentioned or what to Chairwoman King had one in her office come in, I believe this week, I was able to get placement. We have very few, if any, unwilling homeless. Meaning, if you are facing a dire situation in the City of Miami or in Miami -Dade County, and you need somewhere to go, we'll find it. It might not be exactly what you want. Might not be exactly what suits you and tailors you perfectly, but you '11 have a place to go. We've had families that have come from Ukraine, families that have come from across the border and have been dropped off and we have been able to find placements. So, they -- our partners at the Human Services Department are extremely resourceful in getting the help that they need. So, it might be a miscommunication or a gap that we're missing in kind of connecting the needs with the supply. So, we'll make Commissioner Covo: We'll connect them then. Mr. Morales: -- sure we're work better. Commissioner Covo: Perfect. Mr. Morales: Okay. Vice Chair Carollo: Chief let me ask you a question to see what information you might be able to provide us. In the national news lately, from New York to Massachusetts and other parts of the country, you have many cities complaining that they're being overwhelmed with people coming from the border and asking the federal government for assistance because they don 't have the dollars anymore to City of Miami Page 96 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 take care of it. I haven 't seen much of that here. I think it might be because those that come our way have a lot of families, so they're taking care of them. Where they're going is probably in apartments or residents, that now instead of having two or three people have four or five. But can you tell us what your officers are seeing in the streets with people coming from the border over here? Do we have that many people out in the streets or not? Mr. Morales: So, Commissioner, that's a very good question, right? We have not seen what other major cities have seen across. I guess it 's just we're a little bit far offfrom the border. A lot of the folks that are coming out here, even though, as you had, and I know when we embarked on the initiative at Ferre Park, the vast majority of the folks that we interviewed were not from here. Vice Chair Carollo: Yeah. Mr. Morales: And some of the folks were from from other countries. However, we have not seen that. We've seen some families that have shown up at our station seeking shelter that have come through the border, but the number is very minimal. Vice Chair Carollo: Very little. Mr. Morales: I couldn't give you the exact count, but it's very -- what I do have, I've had official conversations with our immigration officials, right? So, most of the folks that come here already have family members that vouch for them, and they're flown in. So, they go from Miami International into the care and the custody of their family members that already take -- Vice Chair Carollo: That's what I figured that was happening -- Mr. Morales: Yeah. Vice Chair Carollo: -- that the vast majority of the people that we're getting have family or friends that they're going into their residence. That's why we don't see them in the streets looking for shelter like in other cities that they don 't have that. Mr. Morales: Right. Vice Chair Carollo: But I was just wondering because I really have seen very little in the streets and I was wondering if I missed something, and you know, maybe your officers had seen more than I had. Mr. Morales: No, no we haven 't. Vice Chair Carollo: Okay, thank you. Mr. Morales: Alright, yes, sir. Anything else? Thank you. Chair King: Thank you, Chief Morales. You do a great job. Mr. Morales: Thank you, Madam Chair. I appreciate it. Chair King: And at this time, I believe our Commission meeting for September 14th has come to an end. Thank you all for being here. Meeting adjourned. END OF DISCUSSION ITEM City of Miami Page 97 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE First Reading 13968 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 RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 775 SOUTHWEST 8 STREET (NORTHWEST PORTION), 750 SOUTHWEST 7 STREET, AND 740 SOUTHWEST 7 STREET 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: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Item PZ.1 was deferred to the March 14, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.1, please see "Order of the Day." City of Miami Page 98 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 PZ.2 ORDINANCE First Reading 13972 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-L," URBAN CENTER TRANSECT ZONE - LIMITED, TO "T6-8-O," URBAN CORE TRANSECT ZONE - OPEN, OF THE PROPERTY GENERALLY LOCATED AT 775 SOUTHWEST 8 STREET (NORTHWEST PORTION), 750 SOUTHWEST 7 STREET, AND 740 SOUTHWEST 7 STREET, MIAMI, FLORIDA, AS 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: Christine King, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Item PZ.2 was deferred to the March 14, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.2, please see "Order of the Day." PZ.3 RESOLUTION 13249 MAY BE WITHDRAWN Department of Building A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY PENNYTANNENBAUM OF INTENDED DECISION PW022-247 ISSUED ON NOVEMBER 29, 2022, FOR THE MEDIAN LOCATED ACROSS FROM 1750 SOUTH BAYSHORE LANE, MIAMI, FLORIDA. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number PZ.3, please see "Order of the Day." City of Miami Page 99 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 PZ.4 13764 Office of Zoning 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: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Note for the Record: Item PZ.4 was deferred to the September 28, 2023, City Commission Meeting. Chair King: Let's take up our PZ (Planning and Zoning) items. PZ -- Madam City Attorney, would you please read into the record --? Victoria Mendez (City Attorney): PZ.10 is the only one. Chair King: PZ.10 is the only one. Chair King: We have PZ.4 in play and PZ.10. Commissioner Diaz de la Portilla: Right. Commissioner Reyes: That's right, PZ.4. Ms. Mendez: An ordinance of the Miami City Commission amending -- Commissioner Diaz de la Portilla: No, hold on a second. PZ.4. Commissioner Covo: PZ.4. Commissioner Diaz de la Portilla: PZ.4, I want -- are we doing 4? Chair King: No, she's just reading what -- Ms. Mendez: I was -- Chair King: -- needs to be read into the record. City of Miami Page 100 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Commissioner Reyes: She 's reading it. Commissioner Diaz de la Portilla: I want to defer PZ.4. Chair King: Do you want to --? Commissioner Diaz de la Portilla: Yeah, it's in District 1. It 's a restaurant -- Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: -- which is still working. Chair King: Do I have a motion? Commissioner Reyes: I move it. Commissioner Covo: I second. Chair King: A second. Commissioner Diaz de la Portilla: Thank vou. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: PZ.4 has been deferred. Todd B. Hannon (City Clerk): And to when? Arthur Noriega (City Manager): To when? Chair King: Until? Commissioner Diaz de la Portilla: September 28th. Mr. Hannon: 28th, understood. Vice Chair Carollo: Okay. City of Miami Page 101 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 PZ.5 ORDINANCE First Reading 14192 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"), SPECIFICALLY BY AMENDING ARTICLE 1, TITLED "`DEFINITIONS," TO ADD NEW DEFINITIONS, ARTICLE 3, TITLED "GENERAL TO ZONES," AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES," TO CLARIFY AND AMEND THE WAIVER PROCESSES RELATING TO SETBACKS FOR IRREGULAR LOTS, DOMINANT SETBACKS, SHARED ACCESS FOR ADJOINING LOTS, PRESERVATION OF NATURAL FEATURES, EXTENSIONS ABOVE MAXIMUM HEIGHTS, ENCROACHMENT OF MECHANICAL EQUIPMENT, ADJUSTMENTS TO BUILDING SPACING AND TO SETBACKS ABOVE THE EIGHTH FLOOR, ADJUSTMENTS TO BUILDING DISPOSITION IN CIVIC INSTITUTIONAL ("CI") TRANSECT ZONES, AND INDUSTRIAL USES REQUIRING ADDITIONAL HEIGHT, AND AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES," TO UPDATE THE WAIVERS SUMMARY LIST; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Item PZ.5 was continued to the October 12, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.5, please see "Order of the Day." City of Miami Page 102 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 PZ.6 ORDINANCE First Reading 14195 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"), SPECIFICALLY BY AMENDING ARTICLE 5, SECTION 5.3.1, TITLED "BUILDING DISPOSITION (T3)," AND AMENDING ARTICLE 7, SECTION 7.2.3, TITLED "ALTERATIONS AND EXPANSION OF NONCONFORMITIES," TO CLARIFY AND AMEND THE WAIVER PROCESS RELATING TO ALTERATIONS TO NONCONFORMING SINGLE-FAMILY RESIDENCES OR TWO-FAMILY HOUSING STRUCTURES; FURTHER AMENDING ARTICLE 7, SECTION 7.1.2.5 OF THE MIAMI 21 CODE, TITLED "WAIVER," TO UPDATE THE WAIVER SUMMARY LIST; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR VESTING; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Item PZ.6 was continued to the October 12, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.6, please see "Order of the Day." City of Miami Page 103 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 PZ.7 ORDINANCE First Reading 14196 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"), SPECIFICALLY BY AMENDING ARTICLE 1, TITLED "`DEFINITIONS," TO ADD NEW DEFINITIONS, AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," TO CLARIFY AND AMEND THE WAIVER PROCESSES RELATING TO ELDERLY HOUSING OR FOR ADAPTIVE USES IN COMMUNITY REDEVELOPMENT AREAS ("CRA"), AMENDING ARTICLE 4, TITLED "STANDARDS AND TABLES," TO CLARIFY AND AMEND THE WAIVER PROCESSES RELATING TO SUBSTITUTION OF LOADING BERTHS AND OFF - SITE PARKING PLACEMENT, AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES," TO CLARIFY AND AMEND THE WAIVER PROCESSES RELATING TO SERVICE AND PARKING ACCESS FROM A PRINCIPAL FRONTAGE AND PEDESTRIAN AND VEHICULAR ENTRY SPACING, AMENDING ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS," TO CLARIFY AND AMEND THE WAIVER PROCESSES RELATING TO RESERVOIR PARKING SPACES, AND AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES," TO CLARIFY AND AMEND THE WAIVER PROCESSES RELATING TO NONCONFORMING PROPERTIES AND UPDATE THE WAIVERS SUMMARY LIST; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR VESTING; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Item PZ.7 was continued to the October 12, 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 104 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 PZ.8 ORDINANCE First Reading 14197 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"1) SPECIFICALLY BY AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES," TO UPDATE THE WAIVERS SUMMARY LIST AND AMENDING APPENDIX A, TITLED "NEIGHBORHOOD CONSERVATION DISTRICT" ("NCD"), TO MODIFY THE REQUIREMENTS FOR PROPOSED DEMOLITIONS WITHIN THE NCD; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Item PZ.8 was continued to the October 12, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.8, please see "Order of the Day." PZ.9 ORDINANCE First Reading 14202 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES," SPECIFICALLY SECTION 5.5.1, TITLED "BUILDING DISPOSITION," ILLUSTRATION 5.5, SECTION 5.6.1, TITLED "BUILDING DISPOSITION," AND ILLUSTRATION 5.6 TO INTRODUCE A FLEXIBLE LOT COVERAGE PROGRAM, AND BY AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES," SPECIFICALLY SECTION 7.1.2.5, TITLED "WAIVER," TO CLARIFY THE APPLICATION OF WAIVERS AND AMEND THE 'TEN (10) PERCENT' WAIVER; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR VESTING; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Item PZ.9 was continued to the October 12, 2023, City Commission Meeting. City of Miami Page 105 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 Note for the Record: For minutes referencing Item Number PZ.9, please see "Order of the Day." PZ.10 ORDINANCE First Reading 14503 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), SPECIFICALLY BY AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES," TO PERMIT CITY OF MIAMI ("CITY") OWNED OR CITY - FUNDED AFFORDABLE HOMEOWNERSHIP SINGLE-FAMILY RESIDENCES AND TWO-FAMILY HOUSING LOCATED IN THE T4 OR T5 TRANSECT ZONES TO UTILIZE THE DEVELOPMENT STANDARDS OF THE T3 TRANSECT ZONE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes Victoria Mendez (City Attorney): And then, PZ.10 is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: I move it. Commissioner Diaz de la Portilla: I will second it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Thank you. Commissioner Reyes: We 're protecting T3s. City of Miami Page 106 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 PZ.11 ORDINANCE First Reading 14550 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES," SPECIFICALLY SECTION 5.5.2, TITLED "BUILDING CONFIGURATION (T5)," AND SECTION 5.6.2, TITLED "BUILDING CONFIGURATION (T6)," TO ALLOW FENCES ALONG THE FRONTAGE LINE FOR VACANT PROPERTIES LOCATED IN A T5 OR T6 TRANSECT ZONE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. PZ.12 14436 Department of Planning MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number PZ.11, please see "Order of the Day." RESOLUTION A RESOLUTION OF MIAMI CITY COMMISSION, WITH ATTACHMENTS, GRANTING OR DENYING THE APPEAL FILED BY CHATEAU PETIT DOUY, LLC ("APPLICANT"), OF THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD THEREBY REVERSING OR AFFIRMING THE CITY OF MIAMI PLANNING DEPARTMENT'S ISSUANCE OF WARRANT NO. PZ-21-10881 ISSUED PURSUANT TO ARTICLE 6, SECTION 6.3.2 AND ARTICLE 7, AND SECTIONS 7.1.1.2 AND 7.1.2.4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") TO ALLOW FOR THE OPERATION AND CONSTRUCTION OF AN OUTDOOR DINING USE ON A PARCEL ZONED "T5-R" URBAN CENTER TRANSECT ZONE - RESTRICTED, LOCATED AT 1500 BRICKELL AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Item PZ.12 was continued to the October 12, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.12, please see "Order of the Day." City of Miami Page 107 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 END OF PLANNING AND ZONING ITEM(S) City of Miami Page 108 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 FL.1 14508 Department of Planning FL - FUTURE LEGISLATION ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDE THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN ("MCNP") C THE CITY OF MIAMI ("CITY"), TO INCORPORATE NECESSARY AMENDMENTS REFLECTING CHANGES IN STATE REQUIREMENT AND UPDATING THE ELEMENT(S) BASED ON CHANGES IN LOCAL CONDITIONS SINCE THE LAST UPDATE IN YEAR 2015 AS REQUIR BY FLORIDAADMINISTRATIVE CODE RULE 73C-49 AND SECTION 163.3191, FLORIDA STATUTES, TITLED "EVALUATION AND APPRAISAL OF COMPREHENSIVE PLAN"; SPECIFICALLY BY AMENDING, ADDING, AND DELETING GOALS, OBJECTIVES, AND POLICIES OF THE CITY'S MCNP, AS ATTACHED AND INCORPORATED IN EXHIBITS "A," "B," "C," "D," "E," "F," "G," "H,"AN[ "I," BYAMENDING THE FUTURE LAND USE MAP ("FLUM") INTERPRETATION OF THE MCNP WITHIN THE FUTURE LAND USE ELEMENT AND THE PROPOSED 2035 FUTURE LAND USE MAP SERIES CONTAINED IN APPENDIX LU-1 TO ESTABLISH THE NORTHEAST RESIDENTIAL INCREASE AREA OVERLAY TO PERMI UP TO 350 DWELLING UNITS PER ACRE FOR THE AREA GENERALLY BOUNDED BY NORTHEAST 36 STREET TO THE NOR BISCAYNE BOULEVARD TO THE EAST, NORTHEAST 20 TERRACE THE SOUTH, CONNECTING THE FEC RAILROAD TO NORTH MIAM AVENUE TO THE WEST UP TO NORTHEAST 29 STREET THEN EAE COAST AVENUE TO THE WEST UP TO NORTHEAST 36 STREET, MIAMI, FLORIDA, AS DEPICTED IN EXHIBIT "J," ATTACHED AND INCORPORATED, WHILE MAINTAING ALL UNDERLYING FUTURE LAND USE MAP DESIGNATIONS; AND BY AMENDING THE PROPOSED 2035 FUTURE LAND USE MAP SERIES CONTAINED IN APPENDIX LU-1 TO EXTEND THE RIVER QUADRANT RESIDENTIA DENSITY INCREASE AREA OVERLAY TO PERMIT UP TO 500 DWELLING UNITS PER ACRE FOR THE AREA GENERALLY BOUNDED BY SOUTHWEST 3 STREET TO THE NORTH, SOUTH MIAMI AVENUE TO THE EAST, THE MIAMI RIVER TO THE SOUTH, AND THE CURRENT RIVER QUADRANT RESIDENTIAL DENSITY INCREASE AREA BOUNDARY TO THE EAST, MIAMI, FLORIDA, AS DEPICTED IN EXHIBIT "K," ATTACHED AND INCORPORATED, WHIL MAINTAINING ALL UNDERLYING FUTURE LAND USE MAP DESIGNATIONS; MAKING FINDINGS; CONTAINING A SEVERABILIT CLAUSE; PROVIDING FOR TRANSMITTAL TO AFFECTED AGENCIE AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 109 Printed or/ 10/25/2023 City Commission Meeting Minutes September 14, 2023 NA — NON -AGENDA ITEM(S) NA.1 ORDINANCE First Reading 14647 AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING Commissioners and CHAPTER 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, Mayor FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDINGS/IN GENERAL/BUILDING PERMIT FEE SCHEDULE," PROVIDING FOR AN ADJUSTMENT OF TEMPORARY OCCUPANCY EXTENSIONS FOR RESIDENTIAL DEVELOPMENTS IMPACTED BY THE NOVEL CORONAVIRUS ("COVID-19") PANDEMIC; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING 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 NA.1, please see "Order of the Day" and "Public Comments for all Item(s)." Chair King: We have a discussion item. Homeless, would you like to take that up or do you want to defer it? Vice Chair Carollo: (INAUDIBLE). Are we going to have enough to come back for the afternoon? Chair King: Not really because we only have one -- PZ.4 and PZ.10. Commissioner Covo: And the pockets? Chair King: Hmm? Commissioner Covo: And the pocket items. Chair King: And the pocket items. Vice Chair Carollo: Can --? We could do those early on? Chair King: The pocket items? Vice Chair Carollo: No, no, the PZs (Planning and Zoning). Chair King: Yeah, we could do -- well, let's do the pocket items. Do I have a motion for Pocket Items 1 through 4? Commissioner Reyes: Move it. Vice Chair Carollo: Which are the pocket items, please? Chair King: Victoria, can you go over the pocket items again, please? City of Miami Page 110 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Victoria Mendez (City Attorney): Yes, Pocket Item 1 is an ordinance by the Miami City Commission amending Chapter 10, Article 1 of the Code of the City of Miami, Florida, as amended, titled, "Buildings General Building Permit Fee Schedule," providing for an adjustment of the temporary occupancy extensions for residential developments impacted by COVID-19 pandemic containing a severability clause and providing for an effective date. That's Pocket Item 1. Pocket Item 2 is an ordinance of the Miami City Commission amending Chapter 10, Article 6, Section 101 of the Code of the City of Miami, Florida, as amended titled, "Building Unsafe Structures, Unsafe Structures, and Unsafe Structures Panel," to provide requirements for the appointment of panel members to Unsafe Structures Panel through City of Miami Procurement, containing a severability clause and providing for an effective date. Then Pocket Item 3 is a resolution authorizing the City Manager to negotiate and execute the third memorandum of understanding for the underdeck with FDOT (Florida Department of Transportation). And Pocket Item 4 is a resolution of the Miami City Commission directing the City Manager to negotiate and arrange, in a form acceptable to the City Attorney, a resiliency pilot program for the City of Miami park owned and adjacent easements located at 1876 South Bayshore Lane. Those are the pockets. Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: So, I'll move all four of them. Commissioner Reyes: I second. Chair King: A motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously for our pocket items. NA.2 ORDINANCE First Reading 14648 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioners and CHAPTER 10/ARTICLE VI/SECTION 101 OF THE CODE OF THE Mayor CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDING/UNSAFE STRUCTURES/UNSAFE STRUCTURES AND UNSAFE STRUCTURES PANEL," TO PROVIDE REQUIREMENTS FOR THE APPOINTMENT OF PANEL MEMBERS TO THE UNSAFE STRUCTURE PANEL THROUGH CITY OF MIAMI PROCUREMENT; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING 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 NA.2, please see Item Number NA.1, "Order of the Day" and `Public Comments for all Item(s)." City of Miami Page 111 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 NA.3 14646 City Commission NA.4 14660 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A THIRD MEMORANDUM OF UNDERSTANDING ("MOU 3"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR THE CITY OF MIAMI ("CITY") TO COLLABORATE IN THE DEVELOPMENT AND COORDINATION OF THE 1-395 HERITAGE TRAIL/SIGNATURE BRIDGE UNDERDECK PROJECT, LOCATED ALONG 1-395/STATE ROAD 836 BETWEEN NORTHWEST 3RD AVENUE AND BISCAYNE BAY, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF THE TERMS AND CONDITIONS OF MOU 3. ENACTMENT NUMBER: R-23-0414 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 Note for the Record: For additional minutes referencing Item Number NA.3, please see Item Number NA.1, "Order of the Day" and `Public Comments for all Item(s)." Victoria Mendez (City Attorney): Madam Chair, it was brought to my attention that for pocket item having to do with the underdeck, which is Pocket Item 3, the address is located I-395 State Road 836 between Northwest 3rd Avenue. I 'm sorry. It's not 3rd Avenue. That's what we're fixing. It's 17th Avenue. So, located along 1-395 and State Road 836 between 17th Avenue and Biscayne Bay. Chair King: And we needed to correct that because it's a pocket item because it affects some funding that we're going after and other things and it 's time sensitive and that's why it 's on today because we do adhere to having our pocket items having some urgency to them. But thank you, Madam City Attorney. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO NEGOTIATE AND ARRANGE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A RESILIENCY PILOT PROGRAM FOR THE CITY OF MIAMI OWNED PARK AND ADJACENT EASEMENTS LOCATED AT 1876 SOUTH BAYSHORE LANE, MIAMI, FLORIDA 33133, IN PARTNERSHIP WITH THIRD WAVE VOLUNTEERS A FLORIDA NOT FOR PROFIT CORPORATION. ENACTMENT NUMBER: R-23-0415 City of Miami Page 112 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 NA.5 14661 City Commission 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 Note for the Record: For minutes referencing Item Number NA.4, please see Item Number NA.1, "Order of the Day" and `Public Comments for all Item(s)." DISCUSSION ITEM DISCUSSION REGARDING THE CREATION OF NEW PARKS IN THE CITY OF MIAMI. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item Number NA.5, please see "Public Comments for all Item(s)." Chair King: Okay, which takes us -- we have future legislation, that's just an announcement. We don 't have to -- and then we are -- the last item is the discussion on homeless. Vice Chair Carollo: Okay. Commissioner Reyes: And then you want to go eat at that Spanish restaurant? Commissioner Diaz de la Portilla: Which Spanish restaurant? Commissioner Reyes: Oh, one that he went last night. He loved it. Commissioner Diaz de la Portilla: Which one was it? El Toro Loco? Vice Chair Carollo: That's not a Spanish restaurant. Commissioner Reyes: Toro Loco is not Spanish. Commissioner Covo: Toro Loco is not Spanish. Commissioner Diaz de la Portilla: Yeah, I know, I know, but he likes it there. That's why I'm asking. Which one did you go to? De Corche (phonetic)? Commissioner Carollo, I'm talking to you. Vice Chair Carollo: Excuse me. Commissioner Diaz de la Portilla: Which one? Which restaurant? Commissioner Reyes: He wants you to buy him lunch. Vice Chair Carollo: I'm not going to say. Commissioner Diaz de la Portilla: I got lunch. I always have lunch. City of Miami Page 113 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Vice Chair Carollo: I'm not going to say because then you guys will all go there and then I -- Commissioner Reyes: That's right. Vice Chair Carollo: -- won't be able to go anymore. Chair King: It ruins it. Commissioner Reyes: Prices go up. Commissioner Diaz de la Portilla: It breaks your privacy. I understand. Commissioner Reyes: The prices will go up. Commissioner Diaz de la Portilla: In De Corche? Commissioner Reyes: No, no, no. Commissioner Diaz de la Portilla: Well, we'll talk about it later in private then. But we still have lunch in my office ifyou want to come. The burgers. Vice Chair Carollo: What do you have? Commissioner Diaz de la Portilla: Cheeseburgers. Vice Chair Carollo: Cheeseburgers? Commissioner Diaz de la Portilla: The good ones. Vice Chair Carollo: You're going down in quality. Commissioner Diaz de la Portilla: I know, I know. It 's a bad economy. It's a Biden economy. Commissioner Reyes: It's not bad. Commissioner Diaz de la Portilla: We're working with it. It's a Biden economy. Chair King: Commissioner. Commissioner Diaz de la Portilla: Bidenomics, Bidenomics. Vice Chair Carollo: You don't have anything healthy like fish, grilled chicken, you know. Commissioner Diaz de la Portilla: Since when do you eat healthy? Coming from Commissioner King -- Chairwoman King, I understand that, but really? Vice Chair Carollo: I have to. I have to. I'm getting up there in age, and I'm told that it will be good for my health so I can live a lot longer. Commissioner Diaz de la Portilla: Start having fish, yeah. Vice Chair Carollo: Yeah. I just made some people shake when I said that I would live a lot longer. City of Miami Page 114 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Commissioner Diaz de la Portilla: Yeah. Chair King: So you want to discuss --? Commissioner Diaz de la Portilla: You're not the oldest member on the dais, so you're good to go so far. Vice Chair Carollo: Yeah, no, no, I'm not the oldest. Commissioner Reyes: I am the oldest. You're the one that has spent more time in here Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: -- but I am the oldest. And nobody can take that from me. Chair King: See what happens when we finish up early. Commissioner Diaz de la Portilla: We call it wisdom. Vice Chair Carollo: Now he's got everybody confused, you know. If I'm the oldest, he's the oldest. Who spent more time? Commissioner Diaz de la Portilla: These are the two youngest right here. Commissioner Reyes: That's right. Commissioner Covo: And we're not discussing age right now so -- Chair King: Not at all. Commissioner Diaz de la Portilla: You're still the youngest, by the way, so you 're good to go. Vice Chair Carollo: Okay. Okay, if we could get -- Mr. Manager, whenever you 're ready on the homeless issue, but we have another little problem. If you '11 remember, I threw the Chair and the Commission, ask that the Administration to bring parks back at this meeting and at every meeting, because I've come to the conclusion that's the only way that I'm going to get parks built. Otherwise, I'm going to have to ask my colleague, Commissioner Reyes, that the three years that we just passed is going to have to be extended to five. Because at the rate we're going, we can 't get any sizable park built in three years in the city. Commissioner Reyes: Well, you see, I'm offering a class. And if -- you are welcome to register for it and it's perseverance and continuity. That 's what it is. Commissioner Covo: And calling every day, because I call every day, Commissioner. Commissioner Reyes: Perseverance and continuity. And I am real proud of what we have achieved, and I am -- I thank Public Works, OCI (Office of Capital Improvements), Parks Department, because we've been able to fix our parks, build new parks, and build an Olympic pool in Shenandoah. And a project that was there way before I got there, and they were arguing and arguing and arguing, and I decided that it was going to be a swimming pool. And now everybody wants a swimming pool in their neighborhood. Commissioner Covo: I need a class, you know? Please. City of Miami Page 115 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 Commissioner Reyes: Okay. Commissioner Covo: I do need your class for that. Commissioner Reyes: It only takes two things. Perseverance, keep your eye on the ball, and work every day. Vice Chair Carollo: Well -- Commissioner Covo: Mr. Manager, did you hear that? Vice Chair Carollo: -- I'm going to shortcut all that, and I'm going to bring it up at the Commission meeting every meeting so that I get an update. Arthur Noriega (City Manager): Yeah. Commissioner Reyes: Fantastic, that 's good. Mr. Noriega: Yeah, yeah, no, Commissioner -- Commissioner Reyes: That is perseverance. Mr. Noriega: -- Commissioner, as we mentioned when we did the briefing, we are scheduled to, beginning next meeting on the 28th, to provide regular updates each meeting on the park's progress and status reports. Vice Chair Carollo: Okay, so you 're going to begin on the 28th? Mr. Noriega: We're going to begin on the 28th, yes, sir. Vice Chair Carollo: Mr. Manager, for the record, I have in my district, but it affects other districts next to mine, because Ruben Dario Park, which is the name that we named it, it's right across District 1. It 's just a few blocks off of District 4, so all these districts are going to be affected by that. This is going to be, depending on what we do with the streets, anywhere from six to six and a half acres. We haven 't had a park that large built in the City since when I was mayor and we did Little Haiti Park over there. So, we need to move that along, otherwise, you know, we 're going to be here for years. My term 's going to be up, and I 'm going to have to come back and run for something to make sure that it 's built, and I don't want to do that. I want to go to Shangri-La. Commissioner Diaz de la Portilla: God help us. Vice Chair Carollo: Yeah, well -- Commissioner Reyes: God willing. Commissioner Diaz de la Portilla: You 're not going anywhere. Vice Chair Carollo: I hope he does, because I'm going to be in Shangri-La, and I won 't be the one helping anybody. The -- I have another park in my Silver Bluff side, of Silver Bluff in between Commissioner Reyes and my district, that 's close to an acre. And it's a sizeable size park. We have some additional pocket parks that we need to be -- see built. And we have, hopefully, that we could start working at it for beginning of next year in other park, Simon Bolivar, over at the river. We might need City of Miami Page 116 Printed on 10/25/2023 City Commission Meeting Minutes September 14, 2023 ADJOURNMENT to make some bathrooms there. I think I got the name of the guy that I want to name that on. The bathrooms for -- Commissioner Diaz de la Portilla: The bathroom. Commissioner Reyes: Okay. Vice Chair Carollo: -- for all the help he's done. The -- so, Mr. Manager, you know, I've been working on this since I've gotten here. And we keep going around, I keep getting excuses. I just want to see them built; the residents want to see it built. We don't have sufficient parks in the city, period. But in District 3, it's the district with the least amount ofparks. It grew a little bit because we acquired Simpson Park. Commissioner Covo: Right. And now I have an issue because -- Vice Chair Carollo: Yeah. Commissioner Covo: -- I'm getting complaints because I don't have enough parks either. Vice Chair Carollo: Yeah, but -- and actually, I picked up another one. Marjory Stone. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: That's correct. Commissioner Reyes: Yes, you did. Commissioner Covo: Yeah, but we still need more parks in Brickell. Vice Chair Carollo: Oh, absolutely. Commissioner Covo: So, we're trying to identifi a solution. Vice Chair Carollo: Well, Brickell is another area that needs parks. So, I'd like to see you know, we could get a good report for the 28th on this. The meeting adjourned at 11:51 a.m. City of Miami Page 117 Printed on 10/25/2023