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HomeMy WebLinkAboutCC 2024-01-25 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, January 25, 2024 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 Miguel Angel Gabela, Commissioner, District One Damian Pardo, 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 January 25, 2024 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Gabela, Commissioner Pardo and Commissioner Reyes On the 25th day of January, 2024, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chairwoman King at 9:17 a.m., recessed at 12:23 p.m., reconvened at 2:42 p.m., and adjourned at 3:30 p.m. Note for the Record: Vice Chair Carollo entered the Commission chambers at 9:25 a.m., and Commissioner Reyes entered the Commission chambers at 9:25 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 open our Commission meeting with prayer. We have Pastor Stonewell from Cohen Tern -- no? Oh, is that a change that no one told me about? Danny Morales from New Covenant Presbyterian Church in Liberty City. Thank you for joining us. Daniel Morales: Good morning to all of you. I'm Daniel Morales, or as some folks call me, Pastor Danny. I'm the pastor of New Covenant Presbyterian Church in Liberty City's southern edge bordering Allapattah. It's my biggest honor and joy to serve this congregation with such a rich history of forward thinkers. 1 want to thank our Commissioner, Ms. Christine King, for extending an invitation for me to open this morning's meeting in prayer. Now 1 know all of you are not just elected officials. You're also husbands, wives, brothers and sisters, parents, maybe even grandparents too. And as such I know that while your mind is focused on getting down to the business of running this city we call home, we also have concerns and burdens of our own. None of us are exempt from that matter, regardless of what position we hold anywhere. No one is problem free. I heard someone say in life you're either in a problem, just left a problem, or headed towards one. And so with that, before I pray I want to invite you to take a few seconds to center yourselves. Set your phones to the side for a moment, put them on silent, put them upside down so you're not mindful of who's texting or who's calling. Sit up straight if it's possible, put your feet firmly on the ground, catch your breath, take a few deep breaths of your own, and silence your minds by focusing on the rhythms of your heart and your breathing. Invocation delivered. Chair King: What a beautiful prayer. Thank you. Commissioner Reyes, will you lead us in the pledge of allegiance? Pledge of allegiance delivered. Chair King: You all may be seated. City of Miami Page 1 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 15476 Honoree Presenter Miami Edison Girls' Soccer Team Mayor and Commissioners Protocol Item Salute City of Miami Florida Inland Navigation District Check Presentation ORDER OF THE DAY RESULT: PRESENTED Chair King: Good morning, everyone. (COMMENTS MADE OFF THE RECORD) Chair King: Welcome to the City of Miami Commission meeting for January 25th, 2024. I'm still excited about the new year and everything that the new year has to bring. Presentations made. 1) Mayor Suarez and Commissioners presented a Salute to Miami Edison Girls' Soccer Team and Coaches in recognition of their first -ever GMAC Championship. Elected Officials paused in their deliberations to recognize the Team's coaches and parents who were instrumental in cultivating a positive environment for success and thanked them for being positive role models while giving back to the youth in the community. 2) Spencer Crowley on behalf of Florida Inland Navigation District presented a check to the City of Miami for the Bayside Wharf at Miamarina Pier V and celebrated the completion of the waterfront access project. Chair King: At this time, we will have the statement read into the record by our City Attorney. John Greco (Chief Deputy 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 of which is available online at www.municode.com. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the code section about lobbyists is available in the City Clerk's Office or online at www.municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of the City Code section is available at the Once 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 City of Miami Page 2 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. In accordance with Section 2-33 (f) and (g) of the City Code, the agenda and the material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at www.miamigov.com. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission unless modified by the Chair. Public comment will begin shortly and remain open until public comment is closed by the Chairperson. Members of the public wishing to address the body may do so by submitting written comments via the online comment form. Please visit www.miamigov.com/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been and will be distributed to the elected officials, their staff and City Administration throughout the day so that the elected officials may consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to the elected officials, their staff and the City Administration up until the Chairperson closes public comment. Public comment may also be provided live at City Hall, located here at 3500 Pan American Drive, Miami, Florida, subject to any and all City rules as they may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must first state their name, their address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids, and services for this meeting may notify the City Clerk. The City has provided different public comment methods to indicate, among other things, the public's support, opposition, or neutrality on the items and topics to be discussed at the City Commission meeting in compliance with Section 286.0114 subsection (4)(c), Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity in 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 an item considered at this meeting may request it at the Office of Communications or view it online at www.miamigov.com. Planning and Zoning items, P and Z items, shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance. Parties for any Planning and Zoning items, including any applicant, appellant, appellee, City staff, and any person recognized by the decision -making body as a qualified intervenor, as well as applicants' representatives and any experts testifying on behalf of the applicant, appellant, or appellee may be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice pursuant to Florida Statute Section 286.0115 and Section 7.1.4.5 of the Miami-21 Zoning Ordinance. The order of presentation shall be as set forth in Miami 21 and 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 noise -making devices. This meeting can be viewed live on Miami TV, miamigov.com/tv, the City's Facebook page, facebook.com/cityofmiamigov, the City's Twitter page, twitter.com/cityofmiami, or the City's YouTube channel, youtube.com/user/cityofmiamigov, and Comcast Channel, 77, City of Miami. The broadcast will also have closed captioning. Pursuant to advisory legal opinion, AGO (Attorney General Opinion) 2020-3 issued on March 19, 2020, the Florida Attorney General opined that consistent with prior Attorney General opinions, a member of the local government body who is physically unable to attend a meeting because of medical treatment or due to medical reasons could City of Miami Page 3 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 participate and vote in meetings where a quorum of the other members was physically present, although that is not applicable. Thank you. Chair King: Thank you. Mr. City Clerk. Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will he providing testimony to be sworn in for Planning and Zoning items and any quasi-judicial items on today's City Commission agenda will be as follows: The members of City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk, immediately after I finish explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for Planning and Zoning items and/or quasi-judicial items. Commissioners, are you comfortable with all the notice provisions set forth in these uniform rules and procedures we have established for this meeting? Chair King: Yes. Mr. Hannon: Thank you, Chair. May I administer the oath for the Planning and Zoning items? Chair King: Please. Mr. Hannon: Thank you, Chair. Good morning, ladies and gentlemen. If you will be speaking on any of today's Planning and Zoning items, the PZ 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. Mr. City Manager, are there any items that are being deferred or withdrawn on this agenda? Arthur Noriega (City Manager): Good morning, Madam Chair, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: PH.3, to be indefinitely deferred; RE.3, to be indefinitely deferred; PZ.10, to be deferred to February 22nd; and PZ.11, to be deferred to February 22nd. That concludes the items. Chair King: Thank you. Mr. Vice Chair, do you have any items that you would like to have withdrawn or deferred? Vice Chair Carollo: I do, Madam Chair. I would like to have deferred to the February 8th meeting, PZ.8. Unidentified Speaker: Can't hear you. Unidentified Speaker: Can't hear you. Unidentified Speaker: Can't hear you. Chair King: Thank you. One can't hear you is fine. Vice Chair Carollo: PZ.8 and PZ.9. Chair King: Until when? City of Miami Page 4 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Vice Chair Carollo: February 8th meeting, next meeting. Chair King: February 8th. Commissioner Gabela, do you have any items that you would like to withdraw or defer? Commissioner Gabela: No, not at this time. Chair King: Commissioner Pardo? Commissioner Pardo: No. Chair King: Commissioner Reyes? Okay. At this time, may I have a motion to set the agenda? Vice Chair Carollo: Move. Commissioner Gabela: Motion. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. PUBLIC COMMENTS FOR ALL ITEM(S) 15474 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE JANUARY 25 , 2024, CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: And at this time, 1 am going to open the floor for public comments. Anyone who would wish to speak on anything before us today on this agenda, please come forward. And for clarity, so that we know where you are -- what you are speaking on, please identify the item that you are speaking on. Thank you. Good morning. Mel Meinhardt: Good morning Madam Chair, regarding RE.4. Madam Chair, this coming Monday is scheduled a lederal trial in which. the City will attempt to defend its redistricting maps, GRACE (Grove Rights and Community Equity) versus the City of Miami. I'm not a plaintiff but 1 have attended the court proceedings and studied the details of all the transcripts and supporting documents presented in this case. Madan Chair, regardless of what the Commission members may have said publicly about the progress of this case, and with all respect for the able counsel that has defended the City of Miami, the City has lost each and every significant point of its defense in this case, and the plaintiffs have prevailed in their points of law and in fact. At the Supreme Court, Justice Thomas alone, not the full bench of the nine justices, issued an order favoring the City only because of insufficient time to hold the election not because the City won the facts of the case. Every reasonable observer of the case predicts a defeat for the City none more so than the judges themselves. In pretrial rulings, Judge Lewis anticipated the City's loss at trial and clearly stated the reasons for doing so. We now face additional costs, perhaps City of Miami Page 5 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 millions of dollars, from legal expenses to further defend the case. You can ask the City Attorney to estimate and declare the cost of the coming litigation. That would be responsible governance. This Commission has the power to direct the City Attorney to accept that the City's case is fatally flawed, immediately negotiate with the plaintiffs and save us all the cost and time offurther litigation. Continuing to defend this case would be knowingly wasteful for no purpose known to the public. My name is Mel Meinhardt. I live at 3075 Virginia Street. Thank you. Chair King: Thank you. Good morning. Elvis Cruz: Good morning, Commissioners. Elvis Cruz, 631 Northeast 57th Street, here on PH.2 and PZ.1. Commissioners, I urge you to reject the new covenant because it would be harmful to the neighbors in many ways. It doesn't give them legal standing to enforce it, nor can the neighbors compel the City to enforce the covenant. The City did not enforce the current covenant for seven years despite being asked to. Covenants are basically a scam. Second, the waivers have expired and should not be renewed. They, should not have a zero -side setback waiver because that's only for matching the block and its context. Here are aerial photographs of every property along the east side of Biscayne Boulevard next to Morningside, and every one of them has at least a 10 foot side setback, many of them more than that. Instead, the City -- excuse me, the developer's attorney is arguing that this gas station across Biscayne Boulevard has no setback and therefore they should be allowed to have no setback either. That triangular gas station parcel is an aberration caused by the convergence of Federal Highway and Biscayne Boulevard. It's perhaps the smallest block in the city. It is not the true context. Third, the parking waiver should not be renewed. Here's what is already, happening on 55th Terrace, that side of the property. There are 22 cars parked there in these pictures. The City simply does not require enough on -site parking for many projects. They're trying to put too many uses on this property. There are other problems with the covenant, butt don't have enough time now, butt would be happy to share them. So, please reject this covenant. Also, please no billboards in city parks. Thank you. Chair King: Thank you. Good morning. Mark Rosenblum: Good morning. Mark Rosenblum, 1103 Biscayne Boulevard, Miami, Florida, 33132 ,chief operating officer, Perez Art Museum Miami, PAMM. Good morning, Commissioners. I am here to comment on Agenda Item FR.1, File 15416.1 ant urging you to vote against the repeal of City Ordinance 2-779. The sign on PAMM property is nearing completion and will soon deliver the many benefits to the community and our institution. To start, it is a sculpture designed by Arquitectonica and complementary to our Herzog & de Meuron designed museum. This new addition will allow us to reach beyond our walls to deliver digital art to our communities. PAMM's 40-year history has been critical to the growing art scene in Miami and beyond. This sign will allow us to ampler our message and grow our audience. We are committed to many of our cultural neighbors and will allow them to communicate their offerings as well. Our location is perfect to reach locals and tourists, and emergency alerts will be posted as needed. We have been planning this project for years, always with aesthetics and function as top priorities. The proceeds that will be generated are critical to keeping the museum like new and make up 100 percent of our 2024 capital budget. We have relied on this and need this to be a leader in our field, educate the community, and be a fiscally responsible arts organization carrying the Miami name around the globe. So, please vote against the repeal. Do not support the moratorium, File 15425. Thank you for your continued support ofMiami's flagship museum. Thank you. Chair King: Thank you. Good morning. City of Miami Page 6 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Doug Roberts: Good morning. Doug Roberts, 1101 Biscayne Boulevard, Frost Museum of Science. 1 come here as the CEO (Chief Executive Officer) of the Phillip and Patricia Frost Museum of Science and as a cultural anchor in the museum district and the arts area of the Maurice A. Ferre Park. Today, I come before the civic leadership to -- on a matter of great significance to our community which we serve. We find ourselves grappling with a concern that touches the very essence of our mission and the introduction of extremely large digital freestanding self - illuminating signs around our museum campus. These signs, although digital in nature, provide a tangible threat to the guest experience that we strive to cultivate at Frost Science. We're very concerned these signs are, if allowed to proliferate, will detract from the cultural activity that we are so vital for the City of Miami. Speaking as an astronomer and a planetarium expert, these signs produce a lot of light pollution, which bounces off the clouds and makes nighttime observing from places like our roof very difficult or impossible. Our mission of the campus is to provide a place of learning for millions of people that come through all of the museums in the area, and we want to maintain that for years to come. Therefore, with a sense of responsibility and commitment, Frost Science urges the Miami City Commission to revisit the ordinance regarding the outdoor advertising signs. We should safeguard the integrity of our campus, ensuring the future generations continue to discover, explore, and be inspired by an environment free of distractions. In doing so, we not only protect the legacy of our cultural institutions, but honor the collective spirit of curiosity of our city. Thank you. Chair King: Thank you. Good morning. Luke Palacio: Good morning, Madam Chair and Commissioners. Thank you for the opportunity to make some brief comments this morning. My, name is Luke Palacio. I'm here in capacity as president of the Board of Trustees for the Perez Art Museum Miami, and I urge you to vote against the repeal of City Ordinance 2-799. This repeal would halt the completion of a digital sign that is 95 percent complete and weeks away from operating. This sign is the result of a thorough year's long Process of evaluation and due diligence resulting in a partnership that will provide much needed funding to PAMM,. funding that will support the ongoing maintenance of the iconic building and grounds that is home to the people's museum. I have been a volunteer member of the PAMM board for 14 years and I'm incredibly proud that we have evolved as an organization and how much we have contributed to the City of Miami's cultural landscape. As Miami continues to grow as a major international city, the arts are an integral part to the education of our children and the enrichment of all residents. Thank you for the consideration (UNINTELLIGIBLE). Chair King: Thank you. Good morning. Terrell Fritz: Good morning, Madam Chair, Mr. Vice Chair, and City Commissioners. I'm Terrell Fritz, 111 East Flagler Street, and executive director of the Flagler Business Improvement District. I'm here to speak on FR.1, to speak in favor of FR.1 and repealing previous ordinances, and in addition, asking you to consider removing the historic Olympia Theater and office building from the list of sites that such signage is approved. This building and its exterior are of exceptional historic importance, including all facades. While a future forward approach may be appropriate for the historic structure, any project should be the result of a community -based discussion regarding the impact on the building and the Downtown Miami Historic District, as well as the Commercial Flagler District. The Olympia Theater was opened in February 1926. In 1984, it was put on the National Register of Historic Places. And in 2005, it was joined by more than 50 other buildings to create the Downtown Miami Historic District. Someday, there may be electronic signage on the building that celebrates the history, of the wonderful architectural built facade on Friday night, and then the next night, the west facade can act as a screen for projections to celebrate the events we do on the new Flagler City of Miami Page 7 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Street beautification project. Since we reorganized as a business improvement district in 2018, the Flagler District BID (Business Improvement District) has championed the future redevelopment of the Olympia Theater at its highest and best cultural use. Not its highest and best use, its highest and best cultural use. Please remove this site until we understand better what that means and have realized our vision for this facility. Chair King: Thank you. Good morning. Therese Vento: Good morning. My name is Therese Vento, general counsel of the Perez Art Museum Miami, 1103 Biscayne Boulevard, 33132. I'm here today in opposition to Agenda Item Number FR.1, File 15416 and Discussion Item File Number 15425. I urge you to vote against the repeal of Miami City Ordinance 2-79 - - 2-779 and to vote against the entry of a moratorium on Section 2-779 of the City Code to the extent they apply to the digital sign at PAMM property that is specifically allowed under the current ordinance, and now a year later, you seek to revoke. Unfortunately, the City improperly seeks to pull the rug out from under PAMM's feet. PAMM relied on that ordinance. Millions of dollars have been spent. A permit to build the digital sign was issued. The digital sign was built and it is almost completely constructed. PAMM has a vested interest in the sign that cannot legally be reversed after the fact. PAMM has been a good neighbor. In positioning the sign, care was taken to have it face 95 -- 395, not the condos on Biscayne Boulevard. Ironically, it will ultimately blend in with all the lights from traffic on the adjacent signature bridge. But PAMM has been lumped in with other digital sign locations that do not have a direct effect on the condos. And alarmingly, the new proposed ordinance takes away due process rights to a hearing or an appeal before immediately requiring the removal of a digital sign for whatever reason the City decides. What PAMM is asking you for is fairness. Please postpone the consideration of the proposed repeal to allow a thoughtful path forward, including a carve -out forPAMM's sign. And finally, please do not impose a moratorium on the digital sign ordinance at this point, which is on the agenda today as a discussion item. Chair King: Thank you. Ms. Vento: Thank you. Chair King: Thank you. Good morning. Marion Brown: Good morning, Madam Chair. Good morning to you all, Commissioners. I'm Marion Brown, 12300 Northwest 17th Avenue. First, 1'd like to just put on record, the Liberty Square does not need a charter school inside that development. That was one of the things I wanted to speak about. Chair King: Sir, what agenda item -- what item are you speaking on? Mr. Brown: I'm speaking on DI.2 -- Chair King: Okay. Mr. Brown: -- the homeless. The problem that we having with the homeless is that we have a lot of the shelters. We don't have enough shelters. And the shelters that we do have, a lot of them are actually rejecting a lot of the homeless. I'm getting a lot of phone calls that -- from family members, women with children. They're going down to the Camillus House, they're going to the Lotus House, and they're all being rejected. That problem needs to be solved. Then we have a lot of these non-profit organizations that's also out there that's supposed to be helping the citizens, and they're doing nothing, absolutely nothing. So, that's one of the things that 1 wanted City of Miami Page 8 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 to address. And the other issue is that, Madam Chair, you are an attorney, correct? PhD law? 1 say, are you -- you are an attorney -- Chair King: Yes. Mr. Brown: -- and you're a PhD. You got your degree? Yes. Chair King: I do have a Juris Doctorate degree. Mr. Brown: Yes. Chair King: Yes, I do. Mr. Brown: The question that I wanted to bring up is that, you know, I hear a lot of the commissioners actually getting targeted by the public. And for instance, Mr. Carollo. And what is coming up is that we have an attorney. Now, it's a set of rules and rules and regulations that -- Chair King: I'm sorry, what item are you speaking on now? Mr. Brown: Well, this item here, this is not an item, but the point that I'm trying to make is that I was speaking on DI.2, which was the homeless, and then that's why I'm saying I'm transitioning to another conversation. And the conversation that I wanted to bring up is that the allegation that is being brought up, the allegation that's being brought up -- Chair King: Thank you. Two minutes, two minutes. Thank you. Good morning. Franklin Sirmans: Good morning. Good morning, Madam Chair. Good morning, Commissioners. My name is Franklin Sirmans. I'm the director of the Perez Art Museum Miami, speaking in favor of digital signage at PAMM. Thanks again for the opportunity to address you today. Art in Miami has always been about more than little pictures on the walls of our museums. Our museum was founded in January of 1984, 40 years ago, almost to the day, in the heart of the city, downtown. Rather than a room of pictures, that moment is perhaps best defined by Christo and Jean Claude's Surrounded Islands, a project that was seen by thousands and appreciated by millions. Support was not universal at the time for something so strange, so different, that would change the look of the landscape. In 1989, a painter made 30- something paintings for our library. And in 1990, we got a giant drop bowl with scattered orange slices placed on Flagler Street, all in the heart of downtown Miami, across the street from our museum's original location. Art in Miami has always been built for the public, meant to be seen and admired by many. Rather than paintings, sculptures, or even pink fabric around an island in Biscayne Bay, today's artists embrace new technology to make art, and more often than not, that means using digital screens. Our screen will showcase the art of today in ways that no other city can match. We are good at doing things differently through what we call a Miami lens. Art is good for the soul and good for Miami. It has been for the last 40 years, but it's not free. Artists need to live, museum workers need reliable living wages, and at the Perewe employ 200 full and part-time people in many facets of work. Affordable housing and good schooling are the priorities, but everyone should also have access to art to encourage innovation and educate and entertain the mind, just as sport and physical activity foster healthy bodies. Like many museums, we can do more if we have more. As a non-profit, we don't try to make money. We make a budget every year with the idea of spending everything we earn. Chair King: Thank you. Mr. Sirmans: Half of our budget. City of Miami Page 9 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: Thank you. Mr. Sirmans: Thank you. Chair King: Thank you. Good morning. Nathan Kurland: Good morning, Nathan Kurland, 3132 Day Avenue, Coconut Grove. Good morning, ladies and gentlemen in the audience. I stand before you today in support of the repeal, the repeal of these signs. This is like Dijon vu, a mustard you've had before. For over 15 years, I've been coming before this board in opposition to any spread of LED (Light Emitting Diode) signage. Whether or not many of you understand this, that presently, an illegal 100-foot tall, 1,800-square foot LED sign is being erected illegally because they were turned down for a permit initially. Orange Blossom was the company erecting this billboard. They were turned down, refused a permit by FDOT (Florida Department of Transportation). So, what they did was go to PAMM and get PAMM to literally sign as the erector of this illegal LED. This does not enhance our city's beauty. These are advertisements everywhere you look, in the air, on the ground, on the water. This is not about making Miami beautiful. This is just another example of a company making money. Please, ladies and gentlemen on the Commission, repeal this ordinance so that we can get back to having a city that enhances beauty and doesn 't build more LEDs. Thank you. Chair King: Thank you. Good morning. Thomas Kennedy: My' name is Thomas Kennedy, 2307 Southwest 10th Street, Miami, Florida, 33135. I'm here to speak on Item DI.7 and the need for the selection committee to search for a new city attorney as quickly as possible. It's quite frankly grotesque that you have not voted to terminate City Attorney Victoria Mendez for cause effective immediately. She has consistently provided incompetent legal advice, allegedly committed unethical misconduct, and needlessly dragged out costly losing litigation. In jact, she loses almost every case against the City and spends tens of millions of our dollars on outside counsel doing it. After spending over $8 million in outside lawyers, we lost the first Ball & Chain lawsuit that is going to cost somebody $63.5 million. We're going to lose two more Ball & Chain lawsuits that could honestly bankrupt the City. We're currently losing two cases over y'all's unconstitutional gerrymandered redistricting. We're losing the Karenza Apartments case, and just last week, in a summary judgment against the City for an unconstitutional parking tax, the judge rejected every single one of Victoria Mendez's legal theories and all of her misinterpretations of state law, and now she could cost the taxpayers another $100 million in that case alone. That's just a small sample of the disasters that she's responsible for doing untold damage to the City both reputationally and economically and we still can't get a straight answer or response to public records requests about how much money she has spent on outside counsel. You all have given her a blank check, it's insane. I just heard that she just hired another 16 outside lawyers for the latest Ball & Chain case against the City and a dozen employees individually. When is this going to stop? Come on, y'all, like this is an embarrassment to the City. Act accordingly, set the house in order ,fire her immediately. Chair King: Thank you. Mr. Kennedy: Thank you. Chair King: Good morning. City of Miami Page 10 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Peter Ehrlich: Good morning, Commissioners. Peter Ehrlich, 243 Northeast 59 Terrace. I'm here to speak on FR.1. Like Nathan Kurland, I've probably spoken on the item pertaining to billboards 15 or 20 times over the last 15 years, always in opposition to billboards, particularly in opposition to LED billboards, which are the worst firm of visual pollution. Mural ads -- mural ads are simply billboards on buildings. I'm also a member of Scenic America, cofounder of Scenic Miami, and a board member of Citizens for a Scenic Florida. We ask you to please repeal any item that pertains to billboards and LED billboards and the addition of more billboards and LED billboards. Residents don't ask to see more billboards. Tourists aren 't flying to Florida to see billboards, particularly LED billboards. They want to see our nature and our beautiful architecture. They don't want to see billboards. There are four states, four states in the United States have banned billboards. All four of them depend on tourism. Those are Vermont, New Hampshire, Vermont -- Alaska and Hawaii. States that encourage tourism and benefit from tourism. I ask you to please stop approving billboards, particularly LED billboards, and I'm going to give you all a CD on billboards as I leave. Thank you very much. Chair King: Thank you. Good morning. Richard Milstein: Good morning, Chairwoman, Commissioners, City Attorney. I'm Richard Milstein. I'm the chair of the Adrienne Arsht Center for the Performing Arts Trust Board. I'm here today to speak on Item Number FR.1, 15416 and 15425. We're asking today for an amendment to that ordinance to include the Arsht Center and PAMM as exclusions to the ability for signage as set firth in the ordinance. The presented draft of the ordinance indicates that three facilities, all of which are buildings within the City of Miami, are to be exempted from the change in the ordinance. The Arsht Center and PAMM are in the same buildings category as the three listed entities to be exempted from the change in the audience -- ordinance, excuse me. The Arsht and the PAMM are in the Art and Cultural District of Miami and are separate and apart from residential units. The Downtown Neighbors Alliance and Biscayne Neighbors Association appear to have no objection to the signage as based upon some recent communications but have concerns about signage in other downtown areas. The Arsht Center has relied on the current ordinance by considering signage on its campus, which will assist in educating and promoting cultural awareness and opening the doors of the community to the fabulous world of performing arts. The iconic buildings, designed by Pelli, can act as barriers and the message of the signs will educate the public to the availability of the Arsht Center to all. Additionally, the revenue from the signage helps monetize the operations of the Arsht Center and permit us to continue the educational programming to every public student in Miami -Dade County during their tenure in the school system and permit us to have community engagement beyond our walls and into the neighborhoods of the City of Miami. The additional benefit I found after reading the ordinance is the revenue that's generated by the signs to the City. It's a win -win for us at the Arsht Center and for PAMM. Today I ask your vote to amend the current pending ordinance to include -- Chair King: Thank you. Mr. Milstein: -- the exception -- Chair King: Thank you. Mr. Milstein: May I ask you all to be our guests? Chair King: Thank you. Mr. Milstein: Everyone else to be our guests at the Arsht Center at some point. Thank you. City of Miami Page 11 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: Good morning. Fayez Tanous-Vasquez: Good morning. My name is Fayez Tanous-Vasquez. I live at 1263 Southwest 21 Terrace. I'm here to speak in regards to FR.2 and DL2. In regards to FR.2, with all due respect, before considering changes to Chapter 2, Article 2 of the Charter, I think we should commit to upholding its current stipulations. Out of the last 22 regular and special commission meetings, only three started within 10 minutes of 9 a.m. Out of the 15 meetings that adjourned for lunch, all 15 reconvened much later than originally advertised, resulting in a total delay of over 24 hours for 22 meetings. The Charter does state that the City Commission meetings shall adjourn at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. I, for one, don't really -- my favorite commissions are the ones that are actually the ones that last the latest. And while I understand the need for efficiency, I hope there comes a time when there is a commissioner who exposes possible corruption, and I would hate for FR.2 to hinder that possible discussion. So, I don't think that the pros outweigh the cons, or vice versa. In regards to DI.2, many of the homeless I do speak to, I always ask them if they would like the tiny homes, and they all say they would. So, any way that the Commission can maybe reinvigorate that idea, I think it would be greatly appreciated by many in the community. Thank you so much. Chair King: Thank you. Good morning. Rafael Gomez: Good morning. How you doing? Rafael Gomez, 7403 Southwest 82nd Street. I'm not a resident of the City of Miami. I just want to state that. I have a question. Am I allowed to speak freely? Ana I allowed to speak, freely or must I speak on an agenda item? Chair King: The public comment is for agenda items. Mr. Gomez: Okay, listen, I don 't know the agenda items, butt heard there was an agenda item regarding the City Attorney. Can I speak on that? Unidentified Speaker: Yes. Mr. Gomez: Okay, 1 heard that --1 didn't want to speak about that. I'm speaking about that because the rules force me to. Listen, I'm here to protest the government. How is it possible that these City employees can use code enforcement as a weapon against the citizens? The way 1 understand what I read in the news, that's what I want to talk about. Is there a way that you guys can regulate City enforce --? How can code enforcement be used by the mafia to target businesses? Chair King: Sir, sir, lower your voice. We're going to keep decorum in this meeting. Mr. Gomez: Alright, alright., listen -- Chair King: Stay to the agenda item. Mr. Gomez: -- I don't have anything to talk about. I came to protest the government. I don't want to talk about this agenda item. Chair King: Thank you. Mr. Gomez: Just -- Chair King: Thank you. Good morning. City of Miami Page 12 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Mr. Gomez: -- crooked politicians. We've got to get rid of them all. Gary Ressler: Good morning. Gary Ressler, TILIA Companies, 1690 Flagler Street. I'm here today to speak in support of Item FR.1. These proposed billboards are little more than visual pollution that provides zero benefit to residents. In fact, these billboards deteriorate the quality of life in the downtown core, which now boasts thousands of residents. As the owner and operator of the Alfred L DuPont building immediately across the street from the Olympia Theater, and in my capacity as a board member of the Flagler District BID, I would further ask that you consider removing the Olympia Theater from the list of approved city buildings on which billboards can be allowed. Finally, I want to express my appreciation for this Commission's willingness to revisit past items and ask that you look at the movement of the MRC (Miami Riverside Center) from downtown to the Melreese property. City services should be close to the people, close to public transit, and close to the seat of county government. I ask that you keep the MRC in downtown as well. Thank you very much. Chair King: Thank you. Good morning. Javier Avino: Good morning. Javier Avino, 1450 Brickell Avenue, here on FR.1. I ask that you reconsider that item, table it for now. While perhaps there are amendments that should be considered to ensure enforcement and consistency across the board, I think an outright repeal is not the right move at this time. It would only cause an issue for those that are good faith operators that are operating under established city and state regulations and not target those signs that may perhaps need to be evaluated for purposes of whether they are consistent with state regulations and city regulations. So, we encourage that that item be tabled for now to allow us an opportunity to consider amendments rather than an outright repeal of that section of the Code. Thank you for your time. Chair King: Thank you. Good morning. Fernand Amandi: Good morning. Fernand Amandi, resident, from the South Grove, speaking on Discussion Items 4 and 6. Last week, several other residents, concerned citizens and myself stood here before you to denounce the appearance of impropriety which has unfortunately clasped a reputational dark cloud over our city government. Following those remarks, we then witnessed the single most embarrassing and dysfunctional City Commission meeting I've ever seen in my 48 years as a native-born City of Miami resident that culminated in a near brawl that made international, local, and national news here on the dais. Since that meeting last week, we have learned that our disgraced, inept, and soon -to -be -terminated City Attorney has likely caused another $100 million loss to the City in wrongful tax collection, according to a Miami -Dade judge. We've also learned that our conflict - of -interest, compromised City Manager has yet to offer a cogent and defensible explanation for why his wife's furniture company has netted hundreds of thousands of dollars in City contracts, and that our ethically bankrupt and absentee mayor is now under multiple, multiple investigations for trading on his public office as mayor as he enriches himself and exponentially grows his personal fortune while engaging in multiple lucrative outside employment side jobs. So, in anticipation of next week's State of the City event, let me save and spare the mayor from having to offer his unwanted and likely incomplete take on the state of our city. Chair King: Sir, sir? Mr. Amandi: Yes, ma'am. Chair King: You're speaking on? City of Miami Page 13 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Mr. Amandi: On the outside employment and on the charter reform items, ma'am. Chair King: Okay. Mr. Amandi: Thank you so much. Under the stewardship of Victoria Mendez, Arthur Noriega, and Francis Suarez, the state of our city is broken. The state of our city is dysfunctional. The state of our city is corrupt. And that is why comprehensive charter reform is urgently needed and long overdue to restore that confidence that residents once had in our city government that was once respected -- Chair King: Thank you. Mr. Amandi: -- functional and ethical. Thank you, Commissioner. Chair King: Thank you. Mr. Amandi: And thank you all. Chair King: Good morning. Christi Tasker: Hello, good morning. My name is Christi Tasker, 150 Southeast 25th Road, 33129. Over seven months ago on June 14, 2023, I came before the Commission as a candidate who did not know where my district lines would be. I recommended to the Commission and the City Attorney they stop the gerrymandering case and agree to the map with the natural boundaries, which is ethical and logical. On August the 9th, the case was docketed in Supreme Court. Justice Clarence Thomas was to rule by August the 14th. On August the 14th, the National Republican Trust entered an amicus brief about the same time that the city attorneys also submitted their response. I come before you as a registered Republican to let you know that the majority of non -Republicans in name only do not agree with this choice, nor did we have the opportunity to vote whether that amicus brief was submitted. During the time the amicus brief was submitted, the district Commissioner, Alex Diaz de la Portilla, who has since been arrested, was the District 1 Commissioner and the registered Republican controlling the entire Republican Party. Mr. Alex Diaz de la Portilla was the City of Miami District 1 Commissioner at the same time he was also the GOP (Grand Old Party) Republican Executive State Committeeman, which then controls the party and controls the amicus brief. Since ADLP (Alex Diaz de la Portilla) has been arrested, charged with money laundering, bribery, and other charges, I think we all know that part, but the public may want to know that much like the committee -- the Commission meetings, that Mr. ADLP never showed up to any of the Republican executive meetings either, yet he had coverage from the mass amount of mafia moms that were covering for him. Many questioned this. Many filed multiple, multiple issues with the same people that have also been arrested in the party at the state level. Mr. Christian Ziegler, who was caught in another -- Chair King: Thank you. Ms. Tasker: Thank -- so I just ask that you please put Miami first, put the citizens first -- Chair King: Thank you. Ms. Tasker: -- put the employees first so that they do not quit on you. Thank you. Chair King: Thank you. Good morning. City of Miami Page 14 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Nicole Desiderio: Good morning. Nicole Desiderio, 900 Biscayne Bay. I'm speaking on Item FR.1 regarding the LED billboards at Maurice A. Ferre Park. I've lived across the street from this park for 13 years, and I have to say that, as a regular citizen, I'm tired of coming down to City Hall. The reason why I feel compelled to is because the public is being lied to. A City official stood in this very room and said that there was nothing else in the pipeline regarding changes for this park. But I'rn hearing now that these LED billboards have been in the works for years. I've seen renderings and budgets also for the park's beautiful green space to be paved over with pickleball courts, water parks, and now the LED billboards. I want to be able to trust the commissioner to do what's in the best interest of the public. As a public servant, that is your job and not to make decisions in order to line your pockets with campaign donations. But I can't trust that to happen and for that reason I ask again that you remove Joe Carollo as the chair of the Bayfront Park Management Trust and replace him with our District 2 Commissioner, Damian Pardo, who will make the right decisions for Maurice A. Ferre Park. Thank you. Chair King: Thank you. Applause. Chair King: We're going to maintain decorum in the chambers. Clapping is not allowed. Good morning. Andy Parrish: Good morning, Madam Chairwoman. My name's Andy Parrish, 3940 Main Highway. I'm here on FR.2. I probably, over the past 30 years, appeared before you dozens, if not at least a hundred times, and I have to say this is the first time in my, memory that I've addressed all five Commissioners at once. So, I really appreciate you all being here for public comment. It wasn't -- didn't used to be that way and now it is. I also very much appreciate your starting the meetings almost on time. I know you've got a lot going on, but the public's here usually at 9 o'clock and we really appreciate when you start on time. Regarding FR.2, the agendas, as we've all seen, get longer and longer and longer because there's a lot of City business to do and I think it's appropriate. The reason I'm supporting FR.2, which I believe Damian -- Commissioner Pardo is bringing, is we need to address all these items and not have them carried over and deferred and deferred so that when you -- I know limiting debate, Madam Chairwoman, is very hard to do but I think you need to do it on behalf ofgetting the City's business done in an appropriate amount of time. Brevity is the soul of wit as they say, and you're all smart guys, let's get the City's business done and not talk on and on about every item so that a lot of the items get deferred. So, all these reforms are good. 1 really appreciate you being here for public comment. Thank you very much. Chair King: Thank you. Good morning. David Cypkin: Good morning, Madam Chair. My name is David Cypkin, 1010 Northwest 11 th Street, and I'd like to yield my time to Billy Corben. Billy Corben: Good morning, Madam Chair. Chair King: Good morning. Mr. Corben: Where was I? I'm kidding. I'm here to speak on DI.4, 6, 7 and in support of FR.1. I want to start by addressing the City Attorney -- City Attorney's remarks at last meeting. I will attest or swear, whatever you want, that I'm not being paid by anyone. I am not a lobbyist. In fact, I'm the only person up here right now who is not being paid to be here. And in fact, to be fair, none of you would be here if you weren't getting paid to be here and I don't blame you. (FOREIGN LANGUAGE). But what I want to see stop is the defamatory, lies about people in this City of Miami Page 15 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 community and their motives and their activism. Because of the projection, you cannot fathom, some of you, that some of us just come here to do the right thing and to speak up on behalf of our community, because you are so transactional. And in fact, no less than 16 times publicly, at least 5 of the highest ranking members of this government elected and appointed have accused me of this defamatory lie of being paid and you know it to be a lie because the City Attorney and you are in possession of multiple depositions in which the very same people that you accuse of paying me swear under oath and the penalty of perjury the truth, which is that they are not paying me. And now, Madam Chair, because of the City Attorney's unprofessional, uncivil, acrimonious and disrespectful misconduct, including the use of disparaging personal remarks, I'm going to vile [sic] a bar complaint against her. And now let's talk about how things do get done around here. How are there illegal electronic billboards going up in the city? Passed in a time in District 2 with no representation, when there was no commissioner in the district, when there was no public input. How did that happen? And it is because, yes, people are getting paid. The lobbyist for this company and its subsidiaries is a former public official who is now one of the most powerful and highest paid people in this city. He is paid by the City to represent it in legal matters such as the Melreese negotiation, defending Commissioner Joe Carollo in the lost litigation, and he's also paid by third parties to lobby on their behalf. Seventy percent, seventy percent of the contributions to this lobbyist's political committee are from this one company and its subsidiary, the billboard company and the electronic kiosk company. So, what happens with that money and the money he's paid by this City? Well, he pays it back to the people who hire him and to the people whose votes he needs. On no less than two specific occasions, the lobbyist was paid contributions by this organization and on the same date donated money to the political committee of Commissioner Alex Diaz de la Portilla. On no less than two other occasions, he received -- the lobbyist received donations from the billboard company and within days or months donated money to Alex Diaz de la Portilla, right around the time the City was voting on matters relating to the billboard company and its kiosks and its electronic signs. That's how things get done in the City of Miami. This lobbyist used the same backdoor to Alex Diaz de la Portilla's office as Bill Riley did. And this is strikingly a similar set of facts to the ones in the arrest affidavit. for Diaz de la Portilla and another lobbyist, Lawyer Bill Riley, that I mentioned, who are under arrest for bribery, money laundering, and illegal campaign contributions. I want to support FR.1 and thank Commissioner Damian Pardo that things are not going to get done the way they used to get done in the City of Miami. They're going to get done the right way, the legal way, and with regard for the laws of the State of Florida, the ordinances of the City of Miami, and the Constitution of the United States. Thank you, Madam Chair. Chair King: Thank you. Good morning. Kathy Parks Suarez: Good morning. My name is Kathy Parks Suarez. I live at 4035 Battersea Road. As a District 2 resident, I am against the lights village and the billboard sign. My biggest issue too is that the West Grove, Little Bahamas, is the biggest dumping ground for signs, political signs, that are still there even as far back as Congress when Ken Russell ran. In fairness to District 2 's voting without a commissioner, our previous commissioner left us in a lurch during his first four years and his second four years and left us for 14 weeks without a commissioner. So, thankyou, Commissioner Pardo, for stepping up and being here. I appreciate all of you and everything you do, but let's start by enforcing the Code and getting rid of the garbage in the oldest black community in the City of Miami and clean it up, starting with the political signs. Talk about spillage, that's garbage. Let's do something about it, and yes, I agree, no lights -- lighted billboard sign. The Coppertone lady is coming down. Chair King: Thank you. Good morning. City of Miami Page 16 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Thom Mozloom: Good morning. My name is Thom Mozloom. 1 live at 725 Northeast 75th Street and 1 am here to speak in support of Dl. 6, the formation of a charter amendment committee. Let me tell you why. I own a branding and advertising agency here in Miami. Our agency has been around for 20 years and our work is in supporting people who do good in the universe and have a positive impact in their community. In fact, our corporate motto is, we can do anything, we choose to do good. But as I travel around and as a branding expert, I can tell you that Miami has a brand problem. The prevailing opinion of Miami, where I go, is that we're still a banana republic, that we're living in the cocaine cowboys era. The reason why is obvious, and it's because of guys like Billy Corben. Billy Corben does nothing but spew hate about Miami, pointing out your incompetence and your corruption, your inconsistencies. And the problem with guys like Billy Corben is that he focuses on the bad while I focus on the good. But the other problem with Billy Corben is he's largely right. And so for somebody like me who would like to shut Billy Corben up, the only way to do that is to remove his ammunition, and that would be removing most of you. Now you're not going to step down because it's painfully apparent that your desire to hold on to power and your desire to hold on to your ego won't allow you to step away or take a leave of absence. So, the next best thing is to create amendments to our Charter that remove you. Now I hear the little tone that says, my time is up. I hope my comments are a reminder to you that your time is also up. Chair King: Thank you. Good morning. Mayra Joli: Good morning. I was going to just sit there and gloat about how the public have been aware and they opened their eyes to what a disaster we have here. You Manolo, you Carollo, you allowing -- Chair King: Ma'am, ma'am? Ms. Joli: -- this to happen. Chair King: What item are you speaking on? Ms. Joli: My name is Mayra Joli, 3191 Coral Way, Number 1008, Miami, Florida, 33145. Maybe she didn 't know I have that address too. But this is what happen when people -- Chair King: And the item you were speaking on? Ms. Joli: F.1 [sic], F.2 [sic], or F.3 [sic], one of them. This is the time -- I didn't say two letters. This is the time when the people can see we are spending -- the money that you guys are spending is our money. Ninety-five thousand dollars in a settlement for somebody who slip and fall in a street that somebody should have fixed? And I'm here also just to congratulate the two newest commissioners that really, you have shown that you are for the people. You know why? Because everybody's against you. Everybody here is against you. They go on the radio and they say that you are a liar, that you're going to destroy the City, but then I start seeing, this seems to me like Biden telling everybody that Trump is going to cause the third nuclear war, but then, who is the one that 1 have to be afraid of? So, right now, the only people that 1'm trusting here are the two of you, because everybody else has made money for themselves or have made their family rich, while we are the one who have to front the money. So, right now, what that guy was saying -- I don't know who Billy Corben is, but he's talking gospel here. He's telling the truth. We have to get rid of all of you guys, but the two of'you. We have to get rid of all of you because people are costing us money. We have an attorney in the City and we have a whole set of attorneys being paid by us. But when they're going to get me or Gabela -- Chair King: Thank you. City of Miami Page 17 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Ms. Joli: -- out of the race, they try -- Chair King: Thank you. Ms. Joli: -- they bring everybody. They bring even Kuehne. They bring everybody. Luimar Zibetti Garza: May I? Chair King: Good morning. Ms. Zibetti Garza: Good morning. Luimar Zibetti Garza, homeless at Peacock Park and in the surrounding areas. Mayra Joli, the nodding lady behind Trump, I understand where you're coming from. She's already been kicked out once before. Now, under FR.2, please increase our three-hour ability to speak in public to three minutes and give us maybe two proxies. And to those that passed the ordinance regarding no smoking in parks, I have a lot of proof of all your employees smoking in parks. You need to get rid of that ordinance. To you, Mr. Carollo, who last time said that you were willing to go pitch a tent in the park, I am inviting you to come on down. I'll invite Katt Williams, too. Ms. King, Kitty Rodriguez has not yet taken a bullet and she needs to get out of your district. That place that she is in has to be condemned. And not much for the other two except for apparently with Mr. Pardo, it has taken two gay people in the City of Miami to set all of you straight. And I am very tired of having to come up here and having to justify my presence and all of you having done what you did to me in October of `22 in the decorum -- under the decorum umbrella and kicking me out of here with three linebackers from the sergeant at arms. And that's going to cost you $17,171, 717.17. And I hope you're ready to add that onto your budget. Now, what I've got left is 33 seconds, so I guess I'll go with a couple of other items. On D13, the discussion regarding the State of Israel bond presentation, tell those Zionist Jews and Freemasons no more American taxpayer dollars. Quoteth the raven, nevermore. Under the D12, discussion regarding an update on homeless, yawn, but we will take those tiny homes. Thank you. Under Dl. 4 and 5, laughable and yawn again. And let's see, Discussion Item 7, 16 new attorneys. You'll need them for my case. Chair King: Thank you. Ms. Zibetti Garza: Thank you. Chair King: Thank you. Good morning. Grant Stern: Good morning. Grant Stern, 425 Northeast 22nd Street. I'm here to speak on DI 6 and also FR (First Reading), the limit of debate. I'd like to start with DI6. I think that this city needs a reform Commission fbr our charter because we should actually consider changing our form of government. This is something that I have been advocating for the last five years. Miami uses a weak mayor form of government. And under the weak mayor form of government, the mayor is exempt from the Sunshine Law when meeting with Commissioners, has only informal duties and makes very significant choices about what happens in the city. Under a council manager form of government, someone is the chairman of the council. We don 't even technically need a mayor's position. And of course, the strong mayor was rejected by the voters outright several years ago when Mayor Suarez put it forward as a valid item. So, if weak mayor isn't even good enough for the weak mayor and the residents don't want strong mayor, then council mayor would be the proper form of government to change Miami to, to limit the kind of peacock strutting, I'll call it, that we're getting from the Mayor's Office and not practical work. What does Miami actually need a mayor for? We need a city government that is more representative with more representatives so that there's more people for the larger population that City of Miami Page 18 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 we have in the city today and not the failed weak mayor form of government that isn't serving City residents. And regarding limiting the debate, if we're all limited to two minutes, then 1 think the Commissioners can limit themselves to five, including those who are a little obsessed with the private hits of their police chiefs. Thank you. Chair King: Thank you. Seeing no one else for public comment, the public comment period is now closed. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - City Commission Meeting - Oct 26, 2023 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: At this time, may I have a motion to approve the minutes from the City of Miami Commission meeting for October 26? Commissioner Reyes: Move. Commissioner Gabela: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. 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 03/05/2024 City Commission Meeting Minutes January 25, 2024 CA.1 15227 Department of Police CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID RECEIVED ON AUGUST 8, 2023, PURSUANT TO INVITATION FOR BIDS ("IFB") NO. 1688386, FOR THE PROVISION OF PAINTING SERVICES AND GENERAL BUILDING REPAIRS AT POLICE FACILITIES, ON AN AS NEEDED BASIS, FROM THE APPARENT LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, TOMKA LLC, A FLORIDA LIMITED LIABILITY COMPANY ("TOMKA"), FOR AN INITIAL TERM OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE CITY OF MIAMI ("CITY") POLICE DEPARTMENT ("POLICE") GENERAL FUND ACCOUNT NO. 0001.191501.546000, 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-24-0039 This matter was ADOPTED on the Consent Agenda. City of Miami Page 20 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 CA.2 RESOLUTION 15250 Department of Resilience and Public Works CA.3 15373 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING TWO (2) RIGHT-OF-WAY DEEDS OF DEDICATION ("DEEDS"), AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR RIGHT-OF-WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A COPY OF THE DEEDS. ENACTMENT NUMBER: R-24-0040 This matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MARIA CORONA, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $95,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, "CITY") IN THE CASE STYLED MARIA CORONA VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 22-014746 CA 01, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545013.0000.00000. ENACTMENT NUMBER: R-24-0041 This matter was ADOPTED on the Consent Agenda. END OF CONSENT AGENDA Chair King: Gentlemen, would anyone like to pull any of the consent agenda items, for discussion? May I have a motion to pass CA.1 -- Commissioner Reyes: Move it. Chair King: -- 2, and 3? Commissioner Gabela: Motion. Chair King: I have a motion and a second. Commissioner Pardo: Second. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 21 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: Motion carries unanimously. PH - PUBLIC HEARINGS PH.1 RESOLUTION 15251 Department of Housing and Community Development A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED, AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI, FLORIDA ("CITY") PURSUANT TO SECTIONS 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF FUNDS IN THE AMOUNT OF $115,000.00 TO SUNSHINE FOR ALL, INC., A FLORIDA NOT FOR PROFIT ORGANIZATION FOR THE ADMINISTRATION OF CITY OF MIAMI'S SENIOR RENTAL ASSISTANCE PROGRAM ("PROGRAM") FOR ONE YEAR OF SERVICES, WITH AN OPTION TO ENTER INTO A SECOND YEAR OF SERVICES FOR AN ADDITIONAL $115,000.00, AT THE DISCRETION OF THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT'S DIRECTOR OR DESIGNEE, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, SUBJECT TO THE AVAILABILITY OF FUNDING; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL THE NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0042 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Damian Pardo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: May I have a motion for PH.1? Commissioner Pardo: I'll make the motion. Commissioner Reyes: I second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion -- Todd B. Hannon (City Clerk): PH.1 will be amended. The resolution and one of the exhibits need to be amended. Chair King: PH.1, as amended. Commissioner Reyes: As amended. City of Miami Page 22 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. PH.2 RESOLUTION 13971 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AERIAL EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ROSA 55 MORNINGSIDE LLC, FOR A PEDESTRIAN BRIDGE OVER AND ACROSS THE CITY OF MIAMI'S RIGHT-OF-WAY KNOWN AS NORTHEAST 55 STREET BETWEEN 5445 BISCAYNE BOULEVARD AND 5501 BISCAYNE BOULEVARD MIAMI, FLORIDA, PURSUANT TO SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH CERTAIN USER FEES REQUIRED; MAKING FINDINGS; REQUIRING A COVENANT RUNNING WITH THE LAND; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE GRANTING OF THE EASEMENT; APPROVING AND AUTHORIZING THE RECORDATION OF THE EASEMENT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-24-0045 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PH.2, please see "Public Comments for All Item(s)." Chair King: We are going back to PH.2. PH.2, do you have something to read for the record for PH.2? Victoria Mendez (City Attorney): No, we just have to -- I believe we have to vote on it. Chair King: Yes. So, do I have a motion for PH.2? Commissioner Gabela: PH.2, I thought we had done that. Motion. There's no, you know -- Commissioner Pardo: Yeah, and I'll second it. Chair King: Yeah, so I -- yes? Todd B. Hannon (City Clerk): Chair, it's my understanding that PH.2 is going to be amended to add the covenant that was submitted for PZ. 1. Is that correct? Ms. Mendez: Yes, yes, it's a condition. City of Miami Page 23 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: So, PH.2, as amended to include the covenant. 1 have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. That will conclude our PH (Public Hearing) items. City of Miami Page 24 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 PH.3 RESOLUTION 15271 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT A REQUEST TO MIAMI-DADE COUNTY ("COUNTY") FOR A PUBLIC PURPOSE CONVEYANCE OF A PORTION OF CERTAIN COUNTY - OWNED LAND AT NORTHEAST 2 AVENUE AND NORTHEAST 61 STREET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("COUNTY PARCEL"), TO THE CITY OF MIAMI ("CITY"); ACCEPTING THE PUBLIC PURPOSE CONVEYANCE OF THE COUNTY PARCEL; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT THE PUBLIC PURPOSE CONVEYANCE OF THE COUNTY PARCEL ON BEHALF OF THE CITY, PURSUANT TO A DEED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE COUNTY FOR THE VACATION AND CLOSURE OF A PORTION OF NORTHEAST 61 STREET ABUTTING THE COUNTY PARCEL, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED ("COUNTY RIGHT-OF-WAY PARCEL"); ACCEPTING THE CONVEYANCE FROM MCD MIAMI, LLC OR ITS AFFILIATES, SUCCESSORS OR ASSIGNS OF AN APPROXIMATELY 6,812 SQUARE FOOT PARCEL THAT WILL RESULT FROM THE REROUTING OF NORTHEAST 4 AVENUE BETWEEN NORTHEAST 61 AND NORTHEAST 62 STREETS, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "C," ATTACHED AND INCORPORATED ("MCID PARCEL"), AS CONTEMPLATED UNDER THE MAGIC CITY INNOVATION DISTRICT SPECIAL AREA PLAN ("MCID SAP"); FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT THE CONVEYANCE OF THE MCID PARCEL, PURSUANT TO A DEED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AND SUBMIT APPLICATIONS FOR A FUTURE LAND USE MAP AMENDMENT AND REZONING AS MAY BE NECESSARY TO DESIGNATE THE COUNTY PARCEL, THE NORTHERN HALF OF THE COUNTY RIGHT-OF-WAY PARCEL (AS MORE PARTICULARLY DESCRIBED IN EXHIBIT D ATTACHED HERETO) ("NORTHERN HALF OF THE COUNTY RIGHT-OF-WAY PARCEL") AND THE MCID PARCEL TO "PARKS AND RECREATION" ON THE CITY'S ADOPTED FUTURE LAND USE MAP ("FLUM") OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN ("MCNP") AND "CS" TRANSECT ZONE ON THE CITY'S ADOPTED ZONING ATLAS ("ZONING ATLAS") OF THE MIAMI 21 ZONING CODE (ORDINANCE NO. 13114 OF THE CITY OF MIAMI, FLORIDA, AS AMENDED) ("MIAMI 21 CODE"), UPON THE ACQUISITION OF EACH BY THE CITY; FURTHER AUTHORIZING AND APPROVING THAT THE COUNTY PARCEL, THE NORTHERN HALF OF THE COUNTY RIGHT-OF-WAY PARCEL AND THE MCID PARCEL, FOLLOWING THEIR DESIGNATION AS "PARKS AND RECREATION" ON THE FLUM AND "CS" TRANSECT City of Miami Page 25 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 ZONE ON THE ZONING ATLAS, SHALL BE UTILIZED TOWARDS THE CITY'S NO NET LOSS POLICY FOR PUBLIC PARK LAND AND TOWARDS THE REQUIRED PUBLIC OPEN SPACE UNDER THE MCID SAP; FURTHER AUTHORIZING AND APPROVING THE CITY TO JOIN, AS A CO -APPLICANT, A PLAT TO INCLUDE THE CITY -OWNED PROPERTY AT 299 NORTHEAST 59 TERRACE AS NECESSARY FOR THE PURPOSE OF CONVERTING 299 NORTHEAST 59 TERRACE TO PUBLIC RIGHT-OF-WAY FOR THE PROPOSED EXTENSION OF NORTHEAST 3 AVENUE BETWEEN NORTHEAST 60 STREET AND NORTHEAST 59 TERRACE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT AND QUITCLAIM DEED ("DEED"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO CONVEY THE CITY -OWNED PROPERTY LOCATED AT 6150 NORTHEAST 4TH AVENUE, MIAMI, FLORIDA ("PROPERTY"), AT THE TIME OF RECORDATION OF FINAL PLAT, TO MCD MIAMI, LLC OR AN AFFILIATE ENTITY MEETING THE CITY MANAGER'S APPROVAL AT TIME OF CONVEYANCE ("MCD"), PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE PURPOSE OF DEVELOPING THE PROPERTY INTO WORKFORCE AND AFFORDABLE HOUSING; CONTAINING A REVERTER PROVISION WITH TERMS MORE PARTICULARLY DESCRIBED IN SAID DEED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND TO TAKE ANY AND ALL ADMINISTRATIVE ACTIONS NECESSARY TO EFFECTUATE AND CARRY OUT THIS RESOLUTION. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PH.3, please see "Order of the Day." END OF PUBLIC HEARINGS City of Miami Page 26 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 RE - RESOLUTIONS RE.1 RESOLUTION 15320 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING APPROPRIATIONS RELATING TO THE 2023-2024 FISCAL YEAR ADOPTED OPERATING BUDGET PURSUANT TO RESOLUTION NO. R-23-0448 ADOPTED ON SEPTEMBER 28, 2023, AS AMENDED, THE FIVE-YEAR FINANCIAL PLAN, THE STRATEGIC PLAN, AND THE MULTI- YEAR CAPITAL PLAN PURSUANT TO RESOLUTION NO. R-23- 0376 ADOPTED ON SEPTEMBER 9, 2023, AS AMENDED (COLLECTIVELY, THE "BUDGET"), AND AUTHORIZING THE CITY MANAGER TO MAKE ANY NECESSARY CHANGES TO ADJUST, AMEND, ALLOCATE, AND APPROPRIATE THE BUDGET, AND ANY PART THEREOF, REGARDING CITY OF MIAMI SERVICES AND RESOURCES AS NECESSARY AND LEGALLY ALLOWED; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED OFFICIALS AND DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS AND FOR NECESSARY RELATED DOCUMENT NEGOTIATIONS AND EXECUTIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR APPLICABLE EFFECTIVE DATES. MOTION TO: Continue RESULT: CONTINUED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item RE.1 was continued to the February 22, 2024, City Commission Meeting. Chair King: We have left, remaining, RE.1, the budget amendment for fiscal year 2023-24. Commissioner Gabela: Yep. Chair King: Will staff be coming forward to make a presentation on that? Marie Gouin (Director, Budget): Good morning, Madam Chair. Chair King: Good morning. Good to see you. Happy Thursday. Ms. Gouin: Same to you. Marie Gouin, the budget director for the City. RE.1 (UNINTELLIGIBLE) discussed it with all the commissioners. I will also be submitting the exhibit to the record for the resolution. The only change that will be -- I'm suggesting now is the festival and events was a million dollars, we're reducing that to $250,000, and it would be taking out the Miami River Boat Parade, and moving the difference, the $750,000 to the reserve amount, which would make it six million eighty. City of Miami Page 27 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: So, let me be clear, none of our -- Commissioner Gabela: Wait, wait. Chair King: -- none of our festivals or events will be affected with this budget reduction. Ms. Gouin: Yes, except for the Miami River -- Chair King: Except -- Ms. Gouin: -- reduction. Commissioner Gabela: I've got -- Ms. Gouin: Yes. Commissioner Gabela: When I can. Chair King: Go ahead, Commissioner Gabela. Commissioner Gabela: Okay, so I've got two things. The 250 that was given to the Miami River Commission that they did not want because they felt the boat parade would have to open bridges, this and that, it would be more -- more problems than -- more problems than what it was. Anyway, it was given to the Miami River Commission. They sent it back. That's -- that was supposed to be for my area, I understand, but the way I understand you, you're putting it back into the general fund. Ms. Gouin: Yes. We're taking out because -- Commissioner Gabela: But wasn't that part of District I? Ms. Gouin: No, we are taking -- what we're doing is, it was listed as one of the festivals. Commissioner Gabela: Right. Ms. Gouin: We are removing it from the general fund. Commissioner Gabela: Okay. Vice Chair Carollo: But that -- that included, Commissioner, several districts -- Commissioner Reyes: Yeah. Vice Chair Carollo: -- through the river. Commissioner Gabela: Okay -- Vice Chair Carollo: Not just DI (District 1). Commissioner Gabela: Alright. Thank you for correcting me, Mr. Carollo. So, I stand corrected. My problem here with the budget is that, you know, you guys said it yesterday, but I want to discuss it today. I'm, not comfortable with the idea of taking 3.2 mil out of the police budget, okay, to -- to work up that 25 mil that we had the budget amendment. I think you guys -- yes, in the briefing yesterday, didn't I hear right? I was there. I heard that 3.2 mil was taken out -- out of the police budget. City of Miami Page 28 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Ms. Gouin: For police? Commissioner Gabela: Yeah. Larry Spring (Assistant City Manager/Chief Financial Officer): We're not touching police. Commissioner Gabela: Oh -- Ms. Gouin: We -- except for the vacant positions -- Chair King: Mr. Spring, we can't hear you. Commissioner Gabela: Frank was there, I was there, Damian was there. We're not crazy. (COMMENTS MADE OFF THE RECORD) Commissioner Gabela: 3.2, police. Ms. Gouin: In the -- as part of the budget amendment -- Commissioner Gabela: Right. Ms. Gouin: -- there's a $11 million reduction that will he done Jronon-sworn position, non -first responders, ,for positions that are vacant currently, we all will be freezing. We will not be eliminating the position. It'll be frozen for the rest of the fiscal year, to make up the $11 million. Commissioner Gabela: Okay, I understand that, but is that 3 -- so what you're telling me is you're not going to do any new hiring, right? Is that correct? Ms. Gouin: No hiring, no. Commissioner Gabela: No hiring, but does that include the police department? Ms. Gouin: Police department but not police officers. Not sworn officers, not first responders. Commissioner Gabela: And not -- and not the 100 officers that, for example, we need because we're short right now? Chair King: No. Ms. Gouin: No. Arthur Noriega (City Manager): No, those positions will be filled. Chair King: That -- Mr. Noriega: Those aren't impacted. Chair King: -- saying only non -sworn. Commissioner Gabela: So, so -- Commissioner Reyes: Non -sworn. City of Miami Page 29 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: That would be -- that would be persons like clerks -- Ms. Gouin: They'll be clerks, administration -- Chair King: -- that work in the office, that kind of thing. Commissioner Reyes: Secretaries and things like that. Ms. Gouin: Support staff. Commissioner Gabela: Support staff Ms. Gouin: Yes. Commissioner Gabela: So, my concern is that -- I was talking, Larry, I don't know where Larry is, but -- Chair King: Mr. Spring. Commissioner Gabela: Yeah, where is Larry? (COMMENTS MADE OFF THE RECORD) Commissioner Gabela: Larry, we were talking a while back about, you know, not yesterday but the week before, and I said man, you know, I'm committed to giving the police department the officers that it needs, but the problem that we have is, I've been told, that we -- we're never competitive with the County. That the County is like 10 grand more than what we pay, so we start our guys at 52, 53. The County is at 62, and I don't remember the conversation, how can we get it up there -- Mr. Spring: We are -- Commissioner Gabela: -- to attract -- Mr. Spring: We are -- we are actively in negotiations with the FOP (Fraternal Order of Police). One of the priority items is to -- Commissioner Reyes: Raise. Mr. Spring: -- close the gap on our starting salary. So, that's something that we're dealing with as part of our labor negotiations. Mr. Noriega: And modem the steps. Mr. Spring: Yeah. Mr. Noriega: We understand that when we did the comps, specifically as it relates to our department and other departments of our size, by the way, there is need for improvement. It's not 10,000, by the way, I think you probably got -- given some bad information, but we're not that far off. But that's our intent anyway, it's part of the negotiations. We're very close, by the way. This budget amendment won't impact that. So, you know -- and we still -- if you'll -- when Maggie gives her budget update, right? Which is an item further down the agenda, your -- it's highlighted on there that we allocated money specifically for labor contracts, in particularly because we have three still remain -- City of Miami Page 30 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Commissioner Gabela: So, you're saying that the 3.2, and it says police, is basically that what you just said? Mr. Noriega: We put a footnote -- we put a footnote in the exhibit. It was -- it was -- and it was distributed on what was exempted. And what was exempted was sworn positions and public safety. So -- so, existing positions that are vacant in police and fire, as an example, will be filled if they're sworn positions. Commissioner Gabela: Yeah, but fire was 200k. I read that somewhere in here. Mr. Noriega: No, I -- I'm not -- I'm not giving you sort of order of magnitude -- Commissioner Gabela: No, no, no -- Mr. Noriega: -- I'm just saying that sworn positions, in other words, we have firefighters we need to fill positions, those positions are going to get filled. They're not impacted. Same with police. Commissioner Gabela: Same with police, and -- and now that we're on the subject, are we making strides and are we going to get there to be competitive with the County so we can attract guys and so we can keep our guys, and they don't start, you know -- Mr. Spring: Yes -- Commissioner Gabela: -- resigning -- Mr. Spring: -- that is -- Commissioner Gabela: -- because the County offers more money. Mr. Spring: -- yeah, we -- again, we are -- I don't want to get into it right now because we're -- it's part of the labor negotiation process -- Commissioner Gabela: Gotcha. Mr. Spring: -- don't want to interfere with that legal process -- Commissioner Gabela: Right. Mr. Spring: -- but, it is a priority. It's something that we've already dealt with, actually, in the process. So, I don't want to tell you yes -- Commissioner Gabela: Alright, so -- so -- Mr. Spring: -- because it has to be ratified and -- Commissioner Gabela: -- I'm not going to go on and on -- Mr. Spring: Okay. Commissioner Gabela: -- to cut it short. Very simply, the 3.2, you're guaranteeing us that it's not going to be -- it's not going to have any bearing on -- on the factor that we're going to be able to be more competitive and -- and you're guaranteeing me that. You know what I'm saying. Mr. Noriega: Yeah -- Commissioner Gabela: You know where I'm going. City of Miami Page 31 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Mr. Spring: Yeah. Mr. Noriega: -- it will not impact our intent, right? To make sure that whatever labor agreement we bring to you, right, will have -- will be from a recruitment perspective - Commissioner Gabela: Not -- not labor agreement, we're talking -- we're talking labor agreement but we're also talking that we're going to make it that we are competitive in competing with the County in our rookie salaries going from -- go ahead. Mr. Noriega: So, Commissioner, so you understand, that's all dictated in the labor agreement. So -- Commissioner Reyes: That's right. Mr. Noriega: -- we don't -- we -- that -- that entire salary scale, that scale's actually in the labor agreement. So, when we negotiate it, and we negotiate what we feel is -- is a competitive salary structure, that's all in the labor agreement. That's all mandated by that agreement, just so you understand. Chair King: And Commissioner -- Commissioner Gabela: Alright -- Mr. Noriega: That's why we referred to it (UNINTELLIGIBLE). Chair King: Commissioner, we have -- because I share your concern and we trained some of the finest, and they take our training, and we invest in them, hundreds of thousands of dollars, and then they go to other municipalities, other jurisdictions. So, we have had that discussion -- Commissioner Gabela: Alright, that's my concern. Chair King: Yes. Commissioner Gabela: 1 trust you guys. If that's what you say. Chair King: Commissioner Pardo? Commissioner Pardo: Thank you. Commissioner Gabela: Sony about that. Commissioner Pardo: Were the capital appropriations to our district office affected? Mr. Spring: Repeat that again. Commissioner Pardo: Were the capital appropriations to the district, the Conmiission district offices, were those affected? Mr. Spring: Yes, they were. Commissioner Pardo: How much? Mr. Spring: By a million dollars right now -- City of Miami Page 32 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Commissioner Pardo: Each. Mr. Spring: -- for all -- each. Commissioner Gabela: And which budget amend is it? Which -- which budget exactly is the one that's affected for each commissioner? Mr. Spring: So, in the original budget, which was at the higher millage rate -- Commissioner Gabela: Right. Mr. Spring: -- we have a item that appropriated $2 million each, per district office, Jrodiscretionary capital projects. So, as part of our modification, we reduced that by one million dollars per district. Commissioner Gabela: And can I ask you a question, how come we can 't take that out -- out of the non -departmental accounts, the NDA? Mr. Spring: So, the non -- non -departmental accounts is where we house reserves and things. The reason why we did it on the record that evening, because that was the quickest single budget amendment we can do on the floor to be in compliance with trim, and then we knew we were going to come back and -- and separate it. So -- Commissioner Reyes: Madam Chair? Commissioner Pardo: So, you're saying it can change? Mr. Spring: Yes. Commissioner Pardo: It can change going forward. Commissioner Reyes: Madam Chair? Chair King: Okay, hold on one second. Commissioner Reyes: Just -- Chair King: Hold on one second. 1 believe -- Commissioner Gabela: That's going to affect all of us. Chair King: -- I believe I said in my briefing, and I was told it would not happen, I do not support any money being taken away from District 5. Not for programs, not for services, because I did not vote for any reduction in the budget, and my constituency should not suffer for that, and I believe I said that in my briefing. And I was told that no money would be coming from District 5. Mr. Spring: So, we did -- we did consider that, but this -- Chair King: Okay, but when we considered that, then you need to come back to me to tell me that oh, no, this is what we're coming before, because I was clear, do not touch any money from District 5. I did not vote for a budget reduction, and I should not, nor should my residents, suffer because of this budget reduction. Mr. Spring: So -- so -- so, if -- if the Chair will allow me. What we -- we did talk offline with the Manager, and what we're able to do right now, on the floor, is make a modification and offset that -- that million for your district against our reserve -- our - - the salary reserve. City of Miami Page 33 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Commissioner Gabela: Okay -- Commissioner Pardo: But -- Chair King: Hold on. Commissioner Gabela, hold on a second. Commissioner Reves - Commissioner Reyes: Yes. Chair King: -- would like to speak. Commissioner Reyes: I just want to remind everyone of us that this -- this reduction on district office was presented -- I mean, was discussed as part of the reduction of the $25 million. Commissioner Gabela: By the way, guilty as charged, because I had -- I was the one that -- guilty as charged, but -- but -- Commissioner Reyes: No, no, hold on a second -- no, hold on a second. Commissioner Gabela: Yeah, go ahead. Commissioner Reyes: What I -- I mean, we -- I knew that it was going to be a reduction -- Commissioner Gabela: No, we all did. Commissioner Reyes: -- what -- of a million dollars from the district office, and we voted for it. Commissioner Gabela: No, 1 did not know that -- Commissioner Reyes: Commissioner -- no, no, we voted a reduction of $25 million. Commissioner Gabela: Yes, yes. Commissioner Reyes: Okay? We voted a reduction of the $25 million and part of it -- 1 mean, I might speak with an accent but 1 don't talk --1 mean, 1 don't hear with an accent. Larry clearly stated that was one of the sources that we can reduce, and it was stated like that and we voted for it. Commissioner Pardo: Just -- Mr. Spring: You discussed -- you absolutely discussed it. Commissioner Pardo: We discussed it. Commissioner Reyes: We discussed it. Chair King: We discussed it. Commissioner Reyes: We discussed it. It was discussed. Chair King: We didn 't -- we discussed it, but I didn't agree to any loss -- Commissioner Reyes: I don't agree with it either. City of Miami Page 34 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: -- o f funding in District 5. Vice Chair? Vice Chair Carollo: Well, if you all remember, 1 had stated to the Administration that we should begin reducing on the 25 million, from taking 10 million that was given to us as new money into our district office, from there. Commissioner Reyes: Yeah. Vice Chair Carollo: Look, I know that you're talking about positions that are frozen and what Commissioner Gabela was saying, and I know the answers that you all gave him, but indirectly, some of those positions will affect police officers, and I'm going to tell you why, because I don't know how many positions are empty right now in the police department that are civilian, but many of those positions, if they're not filled, you know what's going to happen? You're going to end up with a sworn police officer taking over some of those civilian positions. So, in essence, you will be taking police officers -- Commissioner Reyes: Reducing the force. Vice Chair Carollo: -- from the street. So, I don 't like the idea of freezing positions as a whole that we need in the City. If these are positions that we truly don't need, that we can get away with them, then let's eliminate them from the budget, but to take positions out of a budget that will be needed, and in particular, if they're positions that you know fairly well that you could fill in within this fiscal year, if they're not going to be positions that you're definitely not going to fill in in the fiscal year, then that's another story. But I don't like the idea of cutting and taking out of the budget positions that the City needs. I'd rather take it in a way as I described, from two millions that none of our offices had before this fiscal year's budget, that we weren't expecting before, and that's less of a pain for the residents. I respect the Chair and what she said, but -- and she's right, she didn't vote for it, I didn't vote for this, but you know, that's one opinion anyway, and I just want to put things on the table. You asked a question, you were given an answer, but 1 wanted you to understand the full picture of how it works. Commissioner Gabela: So -- so, would I be alone in saying that maybe we should defer this to further -- Mr. Spring: Well let -- if -- Vice Chair Carollo: I would agree to that. Commissioner Reyes: Let -- let -- Commissioner Pardo: I would agree. Commissioner Reyes: Madam Chair? I might have -- maybe we can reach a compromise here. I agree 100 percent, and I thought about it, what Commissioner Carollo said, and one -- one of the problems that we had and we've been working on it, is that those clerical positions that shouldn't be filled by a uniform police officer. It's the same thing with Fire. Those clerical positions should be -- be filled by people that are not in the force -- part of the force, but may -- but as of now, you are clogging them up. But what I'm saying is -- what I'm proposing is midyear, at midyear we are going to have a budget review again, right? Mr. Spring: Absolutely. Commissioner Reyes: And I will like to see those positions -- City of Miami Page 35 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Mr. Spring: Reviewed. Commissioner Reyes: -- brought back to it, you see. Make a commitment that those positions are going to be brought back so they cannot be filled by -- Mr. Spring: Police officers. Commissioner Reyes: -- because -- basically what we're doing is -- basically, and Commissioner Carollo is right, basically what we're doing is we are, by making this - - I mean, we are not hiring those -- I mean, not filling those positions, we are reducing the police force because they are going to need a -- police officers to fill that, and that is the truth, you see. I remember when I was doing budget, that's the problem we had all the time. So, what I'm -- what I'm proposing is make sure that midyear review, we have those positions back and -- and we could fill those positions with people that are not police officers. Mr. Spring: So -- through the Chair. Chair King: Mr. Spring. Mr. Spring: Functionally, what we were doing in freezing the vacancies is managing our -- our hiring process. So, for instance, and this is theoretical, Commissioner Gabela, in theory, if we got a bunch of applications right now, the process to hire 100 officers is very protracted. And so you've got to do background checks, they've got to go through all these steps, so the -- the position is there, hut when we finally get, like I refer to them, a bellybutton in a seat, it's six months in to the fiscal year, seven months -- Vice Chair Carollo: That's true, Larry. Mr. Spring: -- and we've actually saved money. Commissioner Reyes: That's right. Vice Chair Carollo: That's true, and that's -- Commissioner Reyes: That is savings. Mr. Spring: So, what we were trying to do in freezing vacancies is manage that process. Commissioner Reyes: That's right. Mr. Spring: One of the things that we wanted to put on the record as part of this is to give the Manager the flexibility, so as to Commissioner Reyes' point, as we saw the -- as -- because we analyze the budget every month, and as we see the vacancy factor work financially in our favor, we release -- we allow -- Commissioner Reyes: That's right. Mr. Spring: -- for the hiring so that it doesn't affect officers going into, and our -- and -- conceptually, we do not want sworn officers in civilian positions. We have made this edict that we want this on the street. Mr. Noriega: Well, I -- Mr. Spring: So -- City of Miami Page 36 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Mr. Noriega: -- and we had already -- Mr. Spring: (UNINTELLIGIBLE) -- right. Mr. Noriega: -- made that condition both in Police and Fire, because we had sworn positions filling clerical and administrative positions, and we had already started that transition -- Mr. Spring: Right. Mr. Noriega: -- to move away from that. So, 1 think -- and one thing that also needs to be stated is, in every budget that's passed, baked into that budget is assumptions on vacancy. Mr. Spring: Right. Mr. Noriega: Because you always have turnover, you always have to fill positions, and there's always a lag there where there -- a position may not be filled, it may not -- may not -- you're not paying out in terms of payroll. So, we -- we bake in a number every -- every -- in every budget for that as well. So, this is -- what it is is it's enhancing that. Chair King: Thank you. So, what I -- what I believe is the temperature of my colleagues, I feel like perhaps we have the temperature for a deferment on this to get more information? Commissioner Pardo: I'd like to -- Commissioner Gabela: I'm for deferment. Commissioner Pardo: -- say something. Chair King: Commissioner Pardo? Commissioner Pardo: No, I just wanted to add when we voted, it was on the 25 million. I personally never agreed to take money out of our district office budget and the reason that's important is because this -- it basically represents 2 percent of our budget. This should not be onerous, this should not be something where there's, you know, fears about all -- all these other things. This should be a relatively procedural, administrative way of dealing with it, and I believe it should be done in a way that's not retaliatory, either to the people who voted a certain way, or to a body that's doing its job and lowering expenses. Chair King: So, do -- Commissioner Reyes: (UNINTELLIGIBLE). Chair King: -- do I have a motion -- Commissioner Gabela: Motion to defer. Chair King: -- for -- I have a motion to defer. Commissioner Pardo: Second. Chair King: I have a second. All in favor? The Commission (Collectively): Aye. City of Miami Page 37 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: Motion carries unanimously. When will it be deferred to? Todd B. Hannon (City, Clerk): You have February 8th and February 22nd. Commissioner Reyes: February 8th -- Vice Chair Carollo: 20 -- Chair King: 1--1 think the 22nd -- Commissioner Reyes: The 22nd. Chair King: -- because I don't -- I don't --1 want this -- Commissioner Reyes: More time. Chair King: -- to -- to flesh out and everyone gets an opportunity to be briefed, and we look into this, because I don't want to have to make any statements on the record again for the next time -- Commissioner Reyes: Okay. Chair King: -- but I believe you have your marching orders now. Thank you. So, it's been deferred to the February 22nd meeting. Commissioner Reyes: Fantastic. (COMMENTS MADE OFF THE RECORD) Commissioner Reyes: And for the record, I've stated that my comment about -- of us voting for it is that that was brought up in our discussion. That -- that different --1 mean, the money, has to come from somewhere. Commissioner Gabela: Yeah, no, we're all in agreement. Chair King: It does have to come from somewhere. Commissioner Reyes: Okay, and that was brought up during our discussion. RE.2 RESOLUTION 15249 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED MARCH 8, 2021 FOR CASE NUMBER CE2019004523 FOR PROPERTY ADDRESS 415 SOUTHWEST 32 AVENUE, MIAMI, FLORIDA, 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-24-0043 City of Miami Page 38 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: I'm going to ask my colleagues, are any --? Well, we only have -- okay, PH.2, we have to see PZ.1 before we can take PH.2 up. So, I'll come back to that. Are there any items in our resolutions --? Let me see. We have a mitigation item. Let's take the RE (Resolution) -- Commissioner Gabela: Oh, I'm sorry. I apologize. Chair King: Go ahead. Commissioner Gabela: So, I would like to discuss RE.1. Chair King: You -- okay, so we're going to pull RE. 1 for discussion. Let's take RE.2, the mitigation. Do we have staff present, ready for RE.2? Amanda Morton: Good morning. My name's Amanda Morton. I am representing the Mangarate Family Trust regarding 415 Southwest 32nd Avenue. There was a lien filed against this property on March 8, 2021 with respect to -- Robert Santos-Alborna (Director, Code Compliance): Madam Attorney, allow me to Chair King: Typically, the City goes first. Ms. Morton: Oh, I'm sorry. Mr. Santos-Alborna: Allow me to start first and then I'll yield to you, okay? Chair King: Good morning, Director Santos. Mr. Santos-Alborna: Good morning, Madam Chair, Commissioners, how are you? The item before you, RE.2, is the mitigation of a property located at 415 Southwest 32nd Avenue. This is based on a case from 2019 where the respondent was cited for operating without a certificate of use and business tax receipt. Notice of violation was issued on March 19, 2019, was adjudicated on November 7, 2019. The respondent obtained an extension of time, was granted 90 days. During such time, it failed. An affidavit of compliance was finally issued on December 4th, 2023. The property ran -- the violation ran for 1,276 days and accrued a total amount of fines of $319, 000. I am going to yield in a second to Deanna Rasco, who has additional information. I understand the offer from the respondent is $63,800, the equivalent of 20 percent. Commissioner Reyes: Not bad. Mr. Santos-Alborna: Ms. Rasco. Deanna Rasco: Deanna Rasco, Assistant City Attorney. This matter is currently in litigation. It is in foreclosure. The property owners have failed to pay their mortgage. The outstanding mortgage is $910,000. They're seeking to reduce the code enforcement lien to refinance, as I've been told by opposing counsel. Additionally, there was a death in the beginning of the pandemic, which resulted in this code enforcement lien. They have since resolved the code enforcement lien, and I will let opposing counsel discuss anything further that she would like to add. City of Miami Page 39 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Ms. Mortion: Yes, the lien was filed in 2021. My client, they were at the time, immediately prior to that as well, as you know, dealing with CO VID and also the death of a family member. They received invoice .for $451 on August 23rd, 2021. They paid that the same day. I believe your materials include the confirmation from that payment. They also diligently pursued the remaining items, including the DERM (Department of Environmental Resources Management) application process. It appears that around October 2021 is where administratively things stalled a bit. They were not able to get a lot of information as to what was left to do, and of course, they were new and did not know much about the process so they did not know the particular steps to take. They were notified on July lst, 2022 that the certificate of use had expired, but the notification did not give a specific reason. They inquired subsequently by email but were not able to get a response that was specific enough to allow them to know what they needed to do to correct that. They -- and as a result, there was a significant amount of delay, and so this process has continued. Interest continued to accrue and has created quite a financial hardship for them. As a result, they would request that the lien amount be mitigated substantially. Jessica Gonzalez Reynoso: Can I also say something? Mr. Santos-Alborna: Counsel, if I could just ask a question. Is the offer - because I didn't hear it, I'm sorry. Is the offer still $63,800? It's not? Ms. Gonzalez Reynoso: Can I say something? Can I say something? This all resulted -- our father died in August of 2020 from COVID. We inherited this property and his estate knowing nothing of the business, so that's one. Number two, we're on foreclosure not because we didn't pay. We're on foreclosure because it was a technical foreclosure because the guarantor of that loan passed. Mr. Santos-Alborna: Okay. Ms. Gonzalez Reynoso: And so we weren't even -- we're in this process of trying to re -- you know, negotiate and refinance because we couldn 't refinance until we paid our estate tax, which was substantial. And we have done the steps that we needed to do on our end. You know, before 2020, I don't know what to tell you, you know what I mean? But we're learning as we go and to get this fine when we've done everything that we've had to do to move forward, I think is a little much for a BTR (Business Tax Receipt). So, as much as it can be reduced, I would really appreciate it. Todd B. Hannon (City Clerk): Chair, my apologies. Can 1 have the speaker's name for the record? Ma'am, your name? Ms. Gonzalez Reynoso: I am Jessica Gonzalez Reynoso. I'm the executor and the trustee of the estate and the trust. Francisco Regalado: Hi, good morning. My name is Francisco Regalado. I was brought on to help these young ladies at the time of their father's passing. I would just -- I'm going to be brief. I just want to give you a timeline of the steps that were taken by our office. As they said, we submitted an application to the City of Miami for the obtaining of the certificate of use. On August 16, 2021, we then went and paid the $451 upfront fee. The second step in acquiring a COU (Certificate of Use) is you have to submit a copy of the application from the City of Miami to Miami -Dade County DERM for their review. That was done on September 15, 2021. We paid the $80.22 for the upfront fee for Miami -Dade County. The step after that is you need to start acquiring your inspections from the City. The code compliance inspection from the City was approved on -- hold on, are you here? I'm reading quick -- on September 28, 2021. Then we obtained the fire inspection. There's a copy of the City of Miami Page 40 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 approved and signed inspection card here. On October 29, 2021, the procedure after that, once we obtained the required City inspections, DERM 's approval is basically a -- they don't visit the property. It's more of a revision or an administrative review. That's where the wheels started to slow down. At that time, DERM was closed to the public. The only way to contact DERM was through telephone or through email. Their employees were working remotely. It was a really long process. I don't know, I'm sure you guys are familiar with the DERM process. It's lengthy to start off with, but when COVID was introduced and they started working remotely, and you could do it, we have emails of one of the trustees writing to employees at DERM, one specifically, (UNINTELLIGIBLE) Izquierdo, asking her for help, that she was not familiar with the process, that what could we do, and they kept saying it's in review, it's in review, we're backed up, we're backed up, we're working remotely, you know. We couldn't -- we couldn't get to talk to somebody to explain to us what was going on. And look, I'm not blaming anybody. That was a very difficult time. Everybody was working remotely. You couldn't get access to anybody. Everybody was dealing with stuff that COVID brought along. I know you're about to cut me off. But I just, I've reviewed their finances. They're trying to get everything set up. Even $63,200 is economically devastating to them at this point. Chair King: Thank you. Commissioner, I believe this is your district. Vice Chair Carollo: Were their father the one that did not get the tax license and the other license that he needed to? Mr. Santos-Alborna: Did not. I mean, this has been, you know, they're correct. It was -- it was during COVID, but facts are facts, right? So, this is a -- Vice Chair Carollo: I understand, but that's not my question. Was it -- Mr. Santos-Alborna: Right. Vice Chair Carollo: -- the father that --? What I'm trying to attain is, was the business rented -- Victoria Mendez (City Attorney): Who was the violator? Vice Chair Carollo: -- and it was somebody --? Mr. Santos-Alborna: So, the -- Vice Chair Carollo: Yeah, if it was somebody who was renting, like sometimes happens. Mr. Santos-Alborna: Right. The respondent is the trust, the Gonzalez Trust. That's who -- Vice Chair Carollo: Okay. Mr. Santos-Alborna: -- that's who we cite and would go through our process. So, this is an eight -unit apartment building. I spoke with staff from District 2 regarding - - because there were some concerns. Kept in relatively good shape and well - maintained. And so the issue is the operation without the CU and BTR for that period of time. Vice Chair Carollo: Did they have one before? Mr. Santos-Alborna: Yes. City of Miami Page 41 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Vice Chair Carollo: What happened? Did they let it expire or --? Mr. Santos-Alborna: Back in -- yeah. It must have had -- they did not renew, so technically, we're going since March of 2019 when it was originally cited. Vice Chair Carollo: March of '19? Mr. Santos-Alborna: Yes, sir. Vice Chair Carollo: When did your father die? Ms. Gonzalez Reynoso: August 12, 2020. Vice Chair Carollo: Okay. So, this is not sounding to me like -- Mr. Santos-Alborna: Right. Vice Chair Carollo: -- habitual individuals that just don't care for our laws and want to get away with something. They've had their license in order until '19. For whatever reason, they didn't comply, then came COVID. The father dies, and they are in the dilemma. When did they finally comply? Mr. Santos-Alborna: So, the final compliance, the effective date is December 2023. Vice Chair Carollo: December 2023. Mr. Santos-Alborna: Yes, sir. Vice Chair Carollo: Yeah. Mr. Santos-Alborna: So, there's a middle of the road without going into the weeds. You know, the property during the previous 10 years had a number of cases. This is the only one that was adjudicated, 12 code cases as I prepared. Some solid waste violations, you know, and one fire case, all resolved. So, why am I saying that? It's because it's not an isolated violation that got adjudicated. There was some. Vice Chair Carollo: Yeah. Mr. Santos-Alborna: There's been significant work. Now 1 understand, I mean, I never spoke with counsel regarding, you know, the accruals and what we had received as their offer. But I could see your consideration for something lower, and definitely we don't object. Vice Chair Carollo: You know what I think we need to do up here is to be fair. I don't think you could have -- and we discussed this -- a one -line -fits -all. Mr. Santos-Alborna: Right. Vice Chair Carollo: And this is not a habitual offender and certainly it doesn't sound like someone that's trying to get away -- Mr. Santos-Alborna: Correct. Vice Chair Carollo: -- you know, with wanting to put the City at loss. Mr. Santos-Alborna: Right. Vice Chair Carollo: What is the amount that was owed up to the time that they paid? City of Miami Page 42 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Mr. Santos-Alborna: So, the total accrual is for 1,276 days is $319,000. Vice Chair Carollo: $319,000. Mr. Santos-Alborna: Yes, sir. Vice Chair Carollo: And what is it that they're offering? Mr. Santos-Alborna: So, they offer 20 percent, which is $63,800. You know, you're -- Commissioner, you're absolutely on target. Statutorily, we're going case by case based on mitigation -- mitigating and aggravating circumstances. Commissioner Reyes: Excuse me, sir. Mr. Santos-Alborna: Yes, sir. Commissioner Reyes: I think they are not too convinced about the -- I see them shaking their heads and -- Mr. Regalado: Right. If it was understood as an offer, it wasn't our intention. We have been informed that the most that the City would reduce it to would be 20 percent, so we figured that that would be the starting point. Mr. Santos-Alborna: Okay. Mr. Regalado: There is no way that with their financial situation would it have been responsible for us to even offer 20 percent. Mr. Santos-Alborna: Right. Mr. Regalado: 1 just -- 1 -- it's not --1 just want to make sure that it wasn't like we offered it. I mean, we -- that was under -- understanding because we had been told that the maximum that the City would reduce it to would be that, that if it was anything further than that, we would have to come in front of the Commission. Mr. Santos-Alborna: You 're on track. Mr. Regalado: Okay. Mr. Santos-Alborna: You're doing okay. It's what they're doing. Mr. Regalado: Just to clear -- Vice Chair Carollo: Thank you, Commissioner. I wanted to get that straightened. What -- how much money does the City have into this? Mr. Santos-Alborna: I couldn't give you a response right now because I would have to look at comprehensively all the other inspections. That's what we want to do. But I'm going to tell you, if you were to ask me what a reasonable offer would be, I would say 10 percent is more than reasonable. Vice Chair Carollo: You know we -- Mr. Santos-Alborna: Yes, sir. Vice Chair Carollo: -- would not go below that. Unless there's a tremendous set of circumstances, you know, we have not gone below 10 percent. Now, at 10 percent, City of Miami Page 43 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 from what I've heard, does it cover, in your estimate, whatever cost we had to put into it? Mr. Santos-Alborna: I would say yes. Vice Chair Carollo: Okay. So, I will make a motion that we would accept 10 percent if they offer it. Chair King: I have a motion. Do I have a second? Commissioner Reyes: I second it. Chair King: I have a motion and a second for 10 percent. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Thank you so much. Mr. Santos-Alborna: And for clarity -- Todd B. Hannon (City Clerk): As amended. Mr. Santos-Alborna: -- Madam Chair -- Chair King: As amended. Mr. Regalado: Thank you. Mr. Santos-Alborna: -- the amount of 10 percent will be $31,900. Commissioner Reyes: Yes. Chair King: Thank you. Mr. Regalado: Thank you very much. Chair King: Thank you. Mr. Regalado: Have a great day. Commissioner Reyes: Okay, and I'm sorry for your loss. Mr. Santos-Alborna: Thank you, everyone. Vice Chair Carollo: We all are. Commissioner Reyes: Yes. City of Miami Page 44 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 RE.3 14863 Department of Resilience and Public Works RESOLUTION MAY BE DEFERRED A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE IMPLEMENTATION OF A PERMIT PROCESS FOR HOMEOWNERS TO ALLOW FOR THE PLANTING OF TREES, SHRUBS AND PLANTS IN THE PUBLIC RIGHT-OF- WAY. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes refereneing Item RE.3, please see "Order of the Day." RE.4 RESOLUTION 15419 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO EXHAUST ALL OPTIONS AND OPPORTUNITIES FOR SETTLEMENT IN REGARD TO THE REDISTRICTING LAWSUITS. ENACTMENT NUMBER: R-24-0044 MOTION TO: Adopt RESULT: ADOPTED MOVER: Damian Pardo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.4, please see "Public Comments for All Item(s)." Chair King: At this time, I'd like to take up RE.4. I'm sure that my colleagues may have some discussion. RE.4 is to direct our City Attorney to enter into settlement negotiations for the redistricting. It is solely to allow the City Commission to negotiate on a settlement. Nothing has been -- I want to get this out for the record. Nothing has been decided. No settlement has been reached. This is to give you the authorization to enter into settlement agreements. Is that correct? Victoria Mendez (City Attorney): Settlement discussions. Chair King: Settlement discussions, I'm sorry. Ms. Mendez: Right, because any agreement would have to come back. Chair King: Come back before us. Ms. Mendez: Right so -- City of Miami Page 45 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: So, do I have a motion for discussion purposes for RE.4? Commissioner Pardo: I'll make the motion. Commissioner Reyes: Before I second, I want to clam this. Chair King: Okay. Commissioner Reyes: Any -- any -- any -- I mean, once you start the discussion. Ms. Mendez: Any map or settlement -- Commissioner Reyes: No. Ms. Mendez: -- would have to come before you and we're probably going to -- Commissioner Reyes: That's right, but I want to -- Ms. Mendez: -- have a shade meeting to discuss. Commissioner Reyes: -- I want to make it clear that while you are in discussion, that we have a code of our silence, right? Ms. Mendez: We have a what? Commissioner Reyes: Code of silence. We don't have -- we cannot comment about it, what you are talking. Arthur Noriega (City Manager): I think he's talking -- yeah, it's confidential. Commissioner Reyes: It's confidential. Mr. Noriega: It is confidential. Commissioner Reyes.. It's confidential, and are you going to brief us on how it is, I mean, what's going on? Ms. Mendez: Yes. Commissioner Reyes: In shade meetings? Ms. Mendez: Yes, you'll be briefed -- Commissioner Reyes: So, we could -- Ms. Mendez: -- and we'll probably have a shade meeting as well. Commissioner Reyes: We could all be informed so we cannot, you see, I mean, misinform, the population if they ask. Ms. Mendez: Right. Right now, there's nothing to inform the population. We have to Commissioner Reyes: Okay, okay. Ms. Mendez: -- first by and get (INAUDIBLE). Commissioner Reyes: And we cannot publicly talk about this? City of Miami Page 46 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Ms. Mendez: No, right -- not right now. Commissioner Reyes: Okay, I second it. Vice Chair Carollo: Okay, a question. Chair King: Commissioner. Vice Chair Carollo: Mr. Pardo, what do you mean by exhausting all options and opportunities for settlement? Commissioner Pardo: It means to do everything possible so that we don't continue proceedings and keep accruing legal costs, which would be very significant in a trial. Vice Chair Carollo: But the question is, the ultimate decision really falls on this body. The City Attorney can only, with the Administration, negotiate and -- Ms. Mendez: And then bring it back to this body -- Vice Chair Carollo: Yeah. Ms. Mendez: -- to make a decision. Vice Chair Carollo: Yeah. Commissioner Pardo: Yeah, perfect. Vice Chair Carollo: In a shade meeting. Otherwise -- Commissioner Pardo: That's great. Vice Chair Carollo: -- you're putting the City Attorney and the Administration in a bind. Commissioner Pardo: No, I'm not disagreeing with that at all. Vice Chair Carollo: Okay, alright, so we're clear then what we're asking them to do. They're going to negotiate with the other side. Ms. Mendez: And bring back. Vice Chair Carollo: They bring it back and then we will deal with it in a shade meeting, correct? Ms. Mendez: Yes. Commissioner Reyes: Yes. Vice Chair Carollo: Okay, that's acceptable. I think that's a fair resolution. Chair King: Commissioner Gabela, do you --? Commissioner Gabela: No, you know what, I think the -- Carollo and Mr. Pardo cleared it up. I'll go along with it. Chair King: So, may I have a second? City of Miami Page 47 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Commissioner Gabela: Not a problem. Commissioner Reyes: Second. Commissioner Gabela: Second. Todd B. Hannon (City Clerk): Commissioner Reyes seconded it at 10: 54. Chair King: Okay, so 1 have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Commissioner Reyes: Okay. END OF RESOLUTIONS City of Miami Page 48 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 15416 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IX/SECTION 2-779 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CITY-OWNED PROPERTY/OUTDOOR ADVERTISING SIGNS AND ON -SITE SIGNAGE ON GOVERNMENT -OWNED PROPERTY," TO REPEAL ORDINANCES 14140 AND 14128 AND REPLACE IT WITH PRIOR ORDINANCE 13536; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item FR.1 was deferred to the February 8, 2024, City Commission Meeting. Note for the Record: For additional minutes referencing Item FR.1, please see "Public Comment for Allltem(s)." Chair King: FR.1? Vice Chair Carollo: There was a companion resolution to this -- Chair King: No. Vice Chair Carollo: -- that Mr. Gabela had. Chair King: No, for FR.2? No, that's RE.1. I mean, I'm sorry, that's PH.2. Vice Chair Carollo: But wasn't it the same thing related to this? Commissioner Pardo: There is a companion, DI.9, that we can take. Vice Chair Carollo: Yeah. Chair King: Oh, for FR.1? Commissioner Pardo: Yeah. It said -- Vice Chair Carollo: Yeah. Commissioner Pardo: -- it comes out as moratorium, but it makes sense to have it as a companion. Vice Chair Carollo: Yeah, that's what thought. Chair King: Okay. City of Miami Page 49 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Commissioner Reyes: Madam Chair? Chair King: Commissioner. Commissioner Reyes: Yes. As the record shows, I was the only one that voted against it. I voted against the LEDs (Light Emitting Diodes) in downtown, particularly along Biscayne Boulevard and all of that. But I have -- I mean, I am torn between the billboards that are for the PAMM and for the Arsht. And Tin going to tell you why. You see, the one for the PAMM, it faces 395. It's at the end of the park and doesn't bother the neighbors. My concern was with the neighbors, how much it would -- and also the aesthetic. I didn't want any advertising in Bayfront Park because that park was called the Central Park of Miami. Central Park in New York doesn't allow any advertising. You have to be about four miles from the park. But being the PAMM, a museum, and that maybe it is my discipline, but I start thinking about if all the proceeds go to the museums, that in the long run might help us. And Fin going to tell you why. Most of the museums in the world, they are subsidized, either by the city or the state or the county, which is our taxes. They're subsidized. And if this, the proceeds go totally into the operation of the museum, that it is, that will free us from discussing and to subsidize it, because I know they're going to come and ask for a subsidy. Just as the Arsht, it is subsidized by the County, with our taxes, you see? So, I would like to maybe defer this so we can analyze it a little bit more. Commissioner Pardo: Madam Chair? Chair King: Commissioner. Commissioner Pardo: May I give the background on the item and the information? Chair King: Please. Commissioner Pardo: Thank you very much. This item came to our district office because we started getting calls in November and December about a structure that was being erected, which at nighttime, the welding on the structure was causing people to take notice and interrupting them. It was -- it was a bother. We received a lot of continents. And if you go online, actually, all of our online comments almost exclusively are against these structures. So, we instructed the City Manager to please investigate the permit -- Commissioner Reyes: Okay. Commissioner Pardo: -- for the structure, which they started doing and we received a lot of information on. We also went back to the ordinances and we saw that when there wasn't a D2 (District 2) Commissioner in this seat, which would naturally be receiving this kind of feedback, the Commission passed two ordinances. One, in January, I think it was 14128, sponsored by Alex Diaz de la Portilla, and a companion item, 14140, sponsored by Commissioner Joe Carollo, both pretty much allowing for these oversized signs. Just so that you can appreciate the size of these signs, the state maximum, meaning the maximum in the entire State of Florida, is 950 square feet as a size. Maximum height is 65 feet. These signs are 1,800 square feet, larger than my house. Commissioner Reyes: Twice, twice as much as at the state. Commissioner Pardo: Wait, wait. Size, size -- you're allowed two signs per pedestal, per base, and the base can go to a maximum of 100 feet in height. That completely changed the game a year ago when it came to these signs. So, what we're trying to do is repeal those ordinances, and in the meantime, work on our ordinance to update in a way that that makes sense, particularly that tracks state law and also includes City of Miami Page 50 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 community input. Because a very important factor here is that the community, was not consulted. 1 asked for what was done with the community in downtown and surrounding areas. 1 received two letters, one from the Downtown Neighborhood Association opposing these signs, and the other one from the Biscayne Neighborhood Association, which I met with yesterday, who absolutely do not support these signs. Yet, the letter says -- I mean, it reads beautifully about the process that was done to include community input. So, given the fact that there has been no community input, at least, or very little, given the fact that these signs are extraordinary large and out of character for the neighborhood, we should really rescind this and give us 30 days. We'll come back with an ordinance. We'll also simultaneously -- and that's why the moratorium piece was included with this -- there's a system called Zoning in Progress that Miami Beach introduced in the 2015 ordinance and I would ask the City Attorney and the Administration to look if we can create a permitting and process similar to that which allows the process to continue, but ultimately when that period ends, it goes back to the new law under the new ordinance. PAMM, I believe, is in a very different situation, and I think there's state issues that whether it's -- because these sizes are allowed for on -site premises signs -- Commissioner Reyes: Yes. Commissioner Pardo: -- which means that they would be on -site, obviously as implied. However, according to that, they shouldn't be generating income, which I mean the whole point of this is to generate income. Commissioner Reyes: Absolutely. Commissioner Pardo: And I feel very bad that this is kind of pitting gem cultural organizations, cultural organizations that we all support and we all want to see flourish, that do need the income against the neighborhoods where they reside in. So, I'm hopeful that we can include community input, that we can come to a place where that division really doesn't exist, and we can introduce in 30 days a more cohesive ordinance while at the same time we allow for some kind of permitting and zoning, which will take longer, but if there's any kind of mayoral veto, we'd also take care of a situation. Commissioner Reyes: Okay. I understand, and as you read the records, I totally opposed it. My opposition was that we had not received community input. And also, I asked for an illumination study to see how much the neighbors were affected and I didn't receive any. 1 voted against the ordinance, totally, but 1 want, just Jrothe record, 1 want to know if the state has any opposition to this sign or the state --1 don't know that -- excuse my ignorance -- or the state grants any, I would say, permit or exception to the -- to this type of sign? Or -- and I'd agree with you, I believe ifit goes -- it is a huge sign, and I agree with you if -- that's why I said we must defer this, but I'm thinking now about voting for it. If we can hear from the people that did this sign, particularly the one next to the museum, and maybe reduce the sign or an analysis has been made of how much the -- I mean, how they can affect the residents. My problem here, just as yours, is the residents. How can we avoid the residents -- but at the same time, we have to be (UNINTELLIGIBLE) and say maybe we can benefit the museum which we will at the end, in the long run, we will have to subsidize. We can help the museum and we cannot affect -- I mean, we will not affect the residents because of the way that it's placed and all of that. (UNINTELLIGIBLE). Vice Chair Carollo: Madam Chair? Chair King: Commissioner Gabela asked to speak next. Commissioner Gabela: Go ahead. City of Miami Page 51 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: Vice Chair. Vice Chair Carollo: Okay, thank you. 1 think you went over five minutes, Commissioner Pardo, but we won 't hold that against you, just so you could see how easy it is to spend a lot more time than five minutes debating up here. And I'm not complaining, I think it's needed. First of all, when you mentioned that I voted for one of those ordinance, I think what you're referring to -- if my memory is correct -- to the pedestals that could only be up to 400 or less square feet. But if not, then read to me what I voted, if you have it there. But the pedestals is what I remember. That was the ordinance that 1 sponsored from the Bayfront Park Trust. They voted for it, and 1 brought it to the Commission. But it's neither here nor there. The two big signs that I think you're mentioning that are under works right now, besides PAMM, I think is the Arsht Center, those are the two big ones. We've heard from PAMM how far they're underway. I'm not sure how far the Arsht one is. And the pedestals at Bayfront Park, I don't know what the status of that is. I know that at least in some they've gotten permits, but I don't know what they've done. The issue here is that City of Miami officially approved this. And if like I'm hearing, they've gotten permits or and they've signed contracts and they have some, as I'm hearing from PAMM, that are basically done and you got these companies that bought all this material, whatever it is, they had to buy to put these up, the museum, the Arsht Center are expecting X amount of dollars in return, we got a problem with them. And then I don't want anybody here to jump to the City Attorney's Office and say, you know, you're creating all these lawsuits. Or for this Commission to instruct the City Attorney that you've got to settle the lawsuits or you can't spend money on a lawsuit. Because I'm telling you now, from everything that I'm hearing here, is that the City after it legally, approved the ordinance that we did. And the museums, whoever else went forward based on those ordinances, have bought material to put the billboards up, have gotten permits and the museums have signed contracts, we're going to have all kinds of problems -- Commissioner Reyes: Liability. Vice Chair Carollo: -- in liability. We're going to have liability to the museums, we're going to have liability to the companies and the Arsht Center, and I don't know who else is out there that, you know, I don't know about at this point in time. So, I just want to bring this out, that if this is a case that this is the first time, I think there wouldn't be any problem in approving this. Now, you know, it's how do you go back without paying the piper? And that's all that I want you to know. You guys decide. If you want to decide that you want to pay the museums, whatever contract they had. And if 1 may ask, does anybody know, maybe the museum people could tell me, how many years was the contract that was signed for? Do we know, the Administration knows? And can 1 respectfully request, Madam Chair, if there's anyone from the Peru Museum or the Arsht Center that can tell us for how long the contracts were? Mark Rosenblum: Commissioner, Mark Rosenblum, chief operating officer of Perez Art Museum, 20 years. Vice Chair Carollo: 20 years. Mr. Rosenblum: Yes, sir. Vice Chair Carollo: And what was the income that you were going to be given guaranteed? Mr. Rosenblum: Minimum, just over a million and certainly could be up to three million a year. Vice Chair Carollo: Well, it could be, but I'm saying the guarantee because that's what we would fight in court. City of Miami Page 52 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Mr. Rosenblum: Just over a million. Vice Chair Carollo: Okay, so just with them, we're looking at -- Commissioner Reyes: 20 million. Vice Chair Carollo: -- 20 plus million dollars minimum. They might be able to convince the court that, you know, they should get more than that. But the minimum guaranteed is just over a million, so we got over $20 million that we would have to be in a situation to probably pay them. With the Arsht Center, 1 would imagine it's something similar, but I don't know. I'm only going in theirs. So, what the billboard companies are going to claim that they would have made that they're going to lose, I have no idea. That I think is more speculative, you know, because they could claim they'll make $5 million a year in each billboard, but that's speculative. What is not is the guarantee that they gave the museum or the Arsht Center. Commissioner Pardo: So -- Chair King: Hold on a second. Commissioner Gabela -- Vice Chair Carollo: In the -- Chair King: -- wanted to say something when he's finished. Vice Chair Carollo: -- in the case of the Bayfront Park Trust, I think there were four pedestals that are under 400 square feet. The guarantees, if my memory is correct, was at least $400,000 a year. But that's us, so we don't have to worry about that. You know, what we'll have to worry about is what they're going to claim that they would have lost in revenue. So, I'm just bringing this out here so everybody knows what we 're facing. Commissioner Reyes: Madam Chair? Chair King: Commissioner Gabela would like to speak. Well -- Commissioner Gabela: (UNINTELLIGIBLE). Go ahead. Chair King: Go ahead. No, Commissioner Gabela, go ahead because everyone else has already spoken. Commissioner Gabela: What I was -- so I'm hearing -- and I've met with the people from PAMM and others and I understand there's -- they've already spent 9.5 mil, I understand, in construction on the PAIVIM and the permits. And then we're talking about the (UNINTELLIGIBLE). May I propose maybe a negotiation, if it's amendable to you, if it's amendable to the rest of the Commissioners, two options here. In the case of the PAMM and in the case of the Arsht Center, why don 't we grandfather them in and then let that be that? Or why don't we just say, you know what, we're not going to do it in parks or areas that are green. You tell me, Commissioner, I respect because it's your area that's going to get affected, but just a thought. Vice Chair Carollo: I would be amicable to that, Commissioner, and that's the right way of doing it -- Commissioner Reyes: That's right. City of Miami Page 53 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Vice Chair Carollo: -- by the way. The only thing is that let's look at all the others that are out there so you bring one motion with everybody in so that we don't have the liability to carry from anybody. 1 don't care how it's done but that's the right way. Chair King: If I -- Vice Chair Carollo: Otherwise, you see the problem that we're going to have. Chair King: If can, Ace, they're -- you could come. Commissioner Reyes: Madam Chairman. Commissioner Pardo: Madam Chair, may -- Chair King: Let me ask -- Commissioner Reyes: I just want to ask one question. Chair King.: Can I speak? Do I get a --? Commissioner Reyes: Of course. Chair King: Okay. Commissioner Pardo said that these signs are outside of the limits for the state. I just want some clarity on that because I understand that permits were granted. Are the signs out of scale? Ace Marrero: So, the -- good morning -- Chair King: Good morning. Mr. Marrero: -- Madam Chair, Commissioners. The question that's still pending with the State is in terms of outdoor advertisement. And we have a meeting scheduled for this Friday at 11:30 with the State to answer that question. There's also a -- the definition of establishment has not been clearly defined in the Florida Statute, so we are going to clarify that with the State as well. And these are permit conditions that are on the permit as it stands right now and those things need to be satisfied prior to a certificate of completion being issued on this particular sign. Chair King: Okay, which one was first? Commissioner Reyes: 1 was. Chair King: I think Commissioner Reyes was first. Commissioner Reyes: Okay. I'm ali for eliminate -- I mean, just, I would say make an amendment, as Mr. Gabela proposed, for -- I mean -- Chair King: I'm sorry, Commissioner Reyes. Commissioner Reyes: Yes. Chair King: The audience can't hear you. Commissioner Reyes: Okay. (FOREIGN LANGUAGE). I'm sorry. I am all in favor of making an amendment, having an amendment that will exclude PAMM and Arsht. But given the fact that now it has not been resolved if the State is going to approve it or not, or if it's going to require that those signs be smaller, what I'm going to propose is either we defer this until that meeting takes place, and then we will know what City of Miami Page 54 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 action we can take. If the State says you cannot build that size, then every discussion here is moot, because the State supersedes us, you see? Chair King: Let me hear what our director has to say. Mr. Marrero: Commissioner, I don't think the size is an issue. That's allowed by the code. Chair King: The size is allowed by code. Commissioner Reyes: By code. Mr. Marrero: The size is -- the issue is not the size. The issue is what you can and cannot display on that sign. What is clear to us is that on -site advertisement is clearly allowed, it's off -site that's in question and has to be defined by the State clearly. Commissioner Gabela: But can I ask you a question? What does that have to do, what I can advertise or can't advertise, what does that have to do with anything? Commissioner Reyes: From what I understand, man, if fI may, and correct me if I'm wrong, that anything that you advertise, you have to sell in the store. Commissioner Gabela: No, no, no, I understand that. Commissioner Reyes: No, no, no, otherwise, if it is not -- I mean, it's not on the property, you have to -- you can't advertise anything outside, I mean, all over the world. Commissioner Gabela: No, no, I understand that, Commissioner Reyes, but my point is, if really the problem is, you know, light pollution and, you know, the sign itself and this and that, you know, I mean, we're talking now, on the other side, we're talking monopolies, so maybe the other competitors -- Commissioner Reyes: I got you, see, we are not discussing the advertising. Commissioner Gabela: Exactly, that's my point. Commissioner Reyes: We are discussing the size and how much the residents are going to be affected. Commissioner Gabela: Exactly, exactly. Commissioner Reyes: That's right, that's right. Chair King: So, Commissioner Pardo? Commissioner Pardo: I just had a quick question. The size is allowed by the code with the new ordinance, the one that was approved last year. The one that we're trying to - Mr. Marrero: Our City Code, correct. Commissioner Pardo: Right, the one we're trying to repeal. Mr. Marrero: Correct. City of Miami Page 55 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Commissioner Pardo: So, I want to make a couple of -- clarify a couple of things. 1 wouldn't envision any lawsuits occurring because of this, but even if we were, is there anything in the City Code that shields us from liability? Victoria Mendez (City Attorney): Not saying whether there is liability or not, there's nothing in this -- in repealing the ordinance that would shield us from liability. Commissioner Pardo: In general, is there anything that shields us from liability, even without the repeal, just in general? Ms. Mendez: Other than, you mean like limits in Florida Statute and all that? There's still -- this would be -- we would have to address it in court, unfortunately. Even though we say that there are no vested rights in any of these signs and the signage that we created, we have right now a pending lawsuit that is all over signage so. Commissioner Pardo: Yeah. Well, I mean, we could also get lawsuits coming the other way from the neighbors and the residents of the area. One very important point, and you touched on it, Commissioner Gabela, is the state requirements, the onsite premises. The reason these signs can go to that size and height is because they are onsite. Commissioner Reyes: Onsite. Commissioner Pardo: And I think that's part of the clarification -- Commissioner Reyes: Yes. Commissioner Pardo: -- that you're waiting from the State. But all of these state issues are happening in tandem with our repeal and with us submitting new legislation and simultaneously working on a moratorium. So, we're not envisioning stopping or -- what we're envisioning is working with what exists and trying to bring hack good policy that actually tracks the state. Because if we are in violation of federal standards, we lose our federal highway fimding, which is a very significant -- Commissioner Reyes: Yes. Commissioner Pardo: -- amount of money. So, I would recommend that -- we've done a lot of work on this and a lot of research on the issues, that we go forward with the repeal., we move forward with letting us have 30 days to introduce an ordinance, and at the same time, move forward with the kind of zoning in process kind of structure that we might be able to move forward with. Chair King: Commissioner? Vice Chair Carollo: With everything I hear and I've heard here, the only thing that I'll be willing to move forward on is the deferment until we clear the dust on this. Because I, for one, am not going to vote for anything that's going to put this City at dire, dire jeopardy on tens and tens of millions of dollars like we're hearing. This would not be BS, frivolous lawsuits. They would be one after another with the same title. This is going to be legit lawsuits that any judge could see that the City is going to end up with liability. So, I don't -- I, for one, am not going to do that. You know, let's go back not that far into history with a savior of the community that we recently had here, Commissioner Russell. He came here and he said that over at Watson Island, we had to pull the rug from that contract and throw those people out. He was forewarned by people in the Administration, but he didn't care, and the rest of the Commission, to appease him, went along with it. And what did that cost us? Commissioner Reyes: $20 million. City of Miami Page 56 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Vice Chair Carollo: Twenty million plus about eight million in attorney's fees. And of course, since he was one of the chosen ones, nobody wants to talk about it. Just under the rug. And that wasn't that long ago that that happened. And this one here, from what I'm hearing, it's going to cost us a heck of a lot more than that one. So, I'm not going to drink the Kool-Aid in this one. I apologize. Commissioner Reyes: Okay. Commissioner Gabela: The moratorium -- can I speak? Chair King: Commissioner Gabela. Commissioner Reyes: No, but what I'm suggesting, what I'm suggesting, and I mean, you stated also that we have -- if we violate also the federal law, I mean, we are going to lose revenues also. That's right? And there's a lot of things here that are not clear. The liability, the -- if -- how much the PAMM is going to lose. I believe that we can -- we have any action that we're going to take, that we should be very careful because if that's going to initiate a lawsuit, if the -- Madam City Attorney -- Madam City Attorney? Do they have grounds for suing? Everybody has grounds for suing. Ms. Mendez: Yeah. Commissioner Reyes: The City -- the City -- Ms. Mendez: Yes, anybody can sue us. Commissioner Reyes: And everybody sues us, you know. Everybody that needs some money, they sue the City of Miami, you see. And we settle all the time, you see. But I want to propose this. Why don't we analyze this a little further and we come back to it. I agree with you in the moratorium. I agree with you in not having those LEDs in Biscayne Boulevard and in the park or that monstrosity that was proposed also that they call it a tree, you see, in the middle of Bayfront Park. I agree with you 100 percent and I will vote for it. But those two, those two signs that will benefit the museums and they are not affecting the neighbors because -- you turned my microphone? Chair King: Did 1? No. Commissioner Reyes: 1 thought you liked me. Vice Chair Carollo: Your five minutes are up. Commissioner Reyes: I thought you like me. Chair King: No, my hand brushed against. I didn't even realize it. Commissioner Reyes: Okay, let me see. Chair King: My hand brushed against it. Commissioner Reyes: Those two, I want to analyze it a little bit more. Maybe we can reach an agreement and make them smaller in order to be in agreement with the State, you see, because we still don't know if the State's going to say yes or no, you see? And maybe we can, I don't know, maybe we can defer this and analyze it a little bit more, and I guarantee you, you have my vote on getting rid of those LEDs that affect the neighbors. Right there, and that's why I voted against this from the get -go. City of Miami Page 57 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Commissioner Gabela: Can I, just say one more thing? Chair King: Commissioner Gabela. Commissioner Gabela: So, let me ask you a question. So, what is it --? On the moratorium as opposed to if we defer, on the moratorium is to stop all work right now, right? To freeze everything, right? And the deferral really wouldn't be much different, would it? On the deferral, would the deferral be really, you know, that radical differentfrom the moratorium? Commissioner Pardo: So, the moratorium is going to take some time because it has to go to PZAB (Planning, Zoning and Appeals Board), to Commission meetings. Commissioner Reyes: That's right. Commissioner Pardo: So, it's going to take a while to get to that, which is one of the reasons we wanted to repeal this today, so that right now, everything stops. If your concern is PAMM, PAMM was issued a permit. PAMM's issues are with the State, not with this repeal or with the City. But I will ask the City Attorney to clam that. Ms. Mendez: So, remember, if there is a repeal of the ordinance, that's just first reading, so nothing would take effect until, obviously, the effective date. With regard to a moratorium, a moratorium as discussed would be to stop all signage, permits, and those things, but that can't be done today. It has to go as the Commissioner described. Commissioner Pardo: But it wouldn't affect PAMM. Ms. Mendez: Right. So, the moratorium is to bring back an item, an ordinance, that would say that all permitting for these type of large signs would cease or pause for a moment until we -- Commissioner Reyes: In other words, if we pass the moratorium, no more issue -- no more permits will be issued. Ms. Mendez: Right, but not -- that's not today. Again, that is for an ordinance to come back before you. It has to go to PZAB -- Commissioner Reyes: Okay. Ms. Mendez: -- so that's a little bit of a longer process. Commissioner Reyes: By repealing this, we will be also repealing the permits that were given to PAMM and Arsht? Ms. Mendez: No, by, -- so today is first reading of a repeal ordinance that would not be allowing the signs to go forward, then we would have to determine which of those signs are vested or grandfathered in -- Commissioner Reyes: Okay. Ms. Mendez: -- or have already been approved and then become -- Commissioner Reyes: Just what Mr. Gabela said, let's -- Ms. Mendez: -- legal non -conforming and all that. So, we would have to go through a process to determine what -- City of Miami Page 58 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Commissioner Reyes: We can go back, come back and grandfather in those that are beneficial for the museums. Ms. Mendez: We would have -- Commissioner Reyes: I can't hear you. Ms. Mendez: We would have to determine which -- Commissioner Reyes: That's right. We have the power to determine which one should remain and which one should not, okay? Vice Chair Carollo: That's why deferment is the best way to go so that we can have everything very clear when this comes back. Commissioner Gabela: In the moratorium, so in the moratorium, right, we're going to freeze everything, okay, and then we're going to restudy the situation, right, to make it, put it simple, and is there a chance to then grandfather in, worst case scenario, the PAMM and the other, the Ash [sic] Center, for example, is that possible under the moratorium, or would we need to do that under the deferral is my question. Ms. Mendez: You would need to -- Commissioner Gabela: As long as you -- Ms. Mendez: -- amend the ordinance to be able to grandfather in whatever you're thinking needs to be grandfathered. Commissioner Gabela: In other words, we're not going to grandfather it in today, but what we're saying is we have the right to grandfather it in tomorrow if this body so decides. Ms. Mendez: We -- well, it would either be a deferral and we come back with the items. Arguably, you could do it on second reading, but that's a little messier. Commissioner Pardo: So -- Chair King: If I may, if I may, because there's so much discussion here and it seems as if we all need more information, I would be in favor of a deferral. Because 1 don't want -- well, as the only practitioner here, when we take an action and the body, whoever, relies on the action and they take steps in fitrtherance of our conduct, we have a problem. So, before we start talking about repealing anything and putting moratoriums, I think we should all have the information before us, the complete information, because this is the first time I'm hearing that there's an issue with the State. That wasn 't brought up during my briefings. So, I would like to defer the item so that we can get more information and we have a complete picture of what is happening. So, that would be my recommendation. Do I have a motion for deferral? Vice Chair Carollo: Motion. Chair King: Do I have a second? Commissioner Gabela: If it's okay with you, I'd like to be sec -- it's your district. Commissioner Pardo: Yeah, I mean, for February 8th? Commissioner Reyes: That's right. City of Miami Page 59 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: That's fine. Commissioner Pardo: The next meeting. Chair King: Right, right, I'm not saying to defer it out. Commissioner Pardo: And I just wanted to say the only issue for me with the deferral was that all of a sudden you have people racing to enter the pipeline before we actually -- that's the reason we had the repeal. Chair King: Well, we -- you know, we -- Commissioner Reyes: Well, can we --? Chair King: There's not too much of a race between now and February 8th -- Commissioner Pardo: Yeah, that's why I'm okay with that. Commissioner Reyes: That's right. Chair King: -- so I don't -- I don't take an issue with that, but I -- Commissioner Reyes: That's right. Chair King: -- think that we should, and if my colleagues agree, I believe I have a motion and a second. Commissioner Reyes: That's right. Chair King: I have a motion and a second. Chair King: All in favor? Commissioner Reyes: Hold on a second, before the vote, I want -- in order to avoid what Commissioner Pardo says, (UNINTELLIGIBLE) direct the Manager not to accept any applications for any LEDs. Ms. Mendez: We can't do that. Chair King: You cannot do that. Commissioner Reyes: We can't do that? Ms. Mendez: We cannot do -- Chair King: We cannot. Commissioner Gabela: Well, but we'll know it anyway, Manolo, because if there's new applications,, we'll know what to do. Chair King: It will be affected by -- Commissioner Reyes: Okay, okay. Chair King: -- whatever we come up with. Commissioner Reyes: Okay, fine, fine. City of Miami Page 60 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: So, 1 have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. The item has been deferred until February 8. Todd B. Hannon (City Clerk): And, Chair, my apologies. We were discussing FR.1 and DI.9 at the same time. Does that mean both of those items will be deferred to February 8? FR.1 and DL9. Chair King: FR.1 and DI.9? Ms. Mendez: Yes. Chair King.: Yes. Ms. Mendez: Well, actually, DI9 was the moratorium. We discussed it today. We're going to be bringing back an ordinance anyway at that time. Mr. Hannon: Perfect. So, we'll show DL9 as discussed. Thank you. Ms. Mendez: Yes. Commissioner Gabela: That was what, FR.1? Chair King: FR.1. FR.2 ORDINANCE First Reading 15418 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE," TO LIMIT THE TIME FOR DEBATE AND DISCUSSION BY MEMBERS OF THE CITY COMMISSION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: WITHDRAWN BY SPONSOR Note for the Record: For additional minutes referencing Item FR.2, please see "Public Comments for All Item(s)." Chair King: And Victoria, I believe you needed to read into the record the titles for our first readings. So, if you could read FR.1 and FR.2 now. Victoria Mendez (City Attorney): FR.1 we just deferred and discussed, no? Chair King: Right. Ms. Mendez: Okay. And then FR.2. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 61 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: Now, if1 may, I would like nothing more than to have a limit on the time that my --1 and my colleagues speak, but that is not my decision and I cannot say to any of you, you cannot speak beyond -- there are going to be issues that you're going to be passionate about and five minutes may not cover it. And for me I will not -- I will not support creating a law that limits what you can say. And I understand that you can go beyond the five minutes and da, da, da, da, da, but there are items that will come. And the previous issue that we just discussed is an example of how everyone will go beyond -- Vice Chair Carollo: Yeah. Chair King: -- and we have to be respectful. For me, I would limit all of us to two minutes, but that's not feasible for us because we are creating law, we're advocating for our community. So, I just wanted to say that, but of course, it is the will of this body, whatever you decide I will go with, but that's my position on that and I will allow Commissioner Pardo to start the discussion because this is his item. Commissioner Pardo: So, the intent of the item is really to have a mechanism by which we check ourselves, because not only do we have to be respectful of each other and this body, but we have to be respectful of residents who we limit to two minutes to come here. And I think when we expound for 45 minutes and we eat into the time of a meeting, and it ends up where we have to defer significant items that are important to City business, we're damaging the City and we're damaging our body. So, if it's not five minutes, if it's not five minutes with another five minutes extended by the Chair, another five minutes extended by the Commission, I would really like us to consider a way to limit the ability for basically a monologue that's 45 minutes. Because that doesn 't serve anyone. Commissioner Reyes: Madam Chair. Chair King: I'm going to start on this side and roll my way down. Commissioner Reyes: Okay, I'm the last one. Chair King: Commissioner Gabela. Commissioner Gabela: Look, I mean, it's a double-edged sword because on the one hand, you know, we do have the right to speak. We're commissioners, we're duly elected by the citizens and 1 see, you know, your point. 1 mean, if we all respect each other, and it goes like today, I think we've got no problems, honestly, you know. Or maybe we can do something different instead of saying, well, you can't speak -- we can't speak for five minutes, which is true, sometimes it's not fair to them because they can only speak for two minutes, and that's it, but we can go on and on and on. And so maybe we can say, well, you know what, the maximum would be 15 minutes or 10 minutes. I don't know, whatever you guys decide. Commissioner Pardo: That would be fine with me. Commissioner Gabela: And I'm not the only person here that, you know, sometimes I go over, you know, too. I try not to, but you know, that's my take, whatever you guys Chair King: Commissioner? Vice Chair? Vice Chair Carollo: Thank you. So, now we're going to be limited in how much we could speak up here. In a city that some of us won't even be given two minutes in some of the local media, individuals can go out and demagogue items that are going to come before the commission for hours and hours, and they could say whatever City of Miami Page 62 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 they want to about items that are coming here that is not truthful, and we're going to be limited to five minutes. Look, 1 haven't seen any item in this new commission that has come up here that anyone has taken advantage and has tried to talk and talk and talk and nonstop. Frankly, the only times that this had happened in the last six years that I saw was when Commissioner Russell was here. And if he didn 't get his way, then he wanted to talk and talk forever to try to tire people to finally go his way. But that's not the case with this new commission that we have here. And I find it pretty outrageous that we're elected by the public, and now we're given five minutes to discuss the public's business. We will be doing the greatest disservice to the public if we only give ourselves five minutes where we can't air out many, many things that otherwise would be aired out, and maybe that's the intention. I don 't know. But the bottom line is that we were elected to intelligently, professionally discuss items, come to the best conclusion, get to the facts. And there are items, yeah, that we can lump together, we could all vote for, but there are many items that it is impossible to do it. And that right should never be taken from elected officials. The only places that I see this happen lately in are all these new governments of the men of the 21st century, that they call them, where the first thing they want to do when they come in is change the Constitution. And then, of course, they're going to limit what you have to say. If this is what we've become, then we might as well put the Socialist Flag International in front of the City of Miami and forget about the Pledge of Allegiance, we'll do the International Socialist every, meeting when we start. I know that some will be very happy with it, but I won't be part of that. And Madam Chair, you've been here for quite a while now. You know, that's why you spoke to it that this is not reasonable, it doesn 't make sense, and it's not -- it's not -- it is not good government. Chair King: Commissioner Reyes? Commissioner Reyes: Yes, I know, and I know, and nobody has to -- I've been here also, that some of us have used and abused the unlimited time. I know, that's a fact. But I want to remind you that we use Mason, you see, Rule. And Mason Rules give the Chair the power to interrupt and quiet anybody that is abusing the time or is talking out of order. And what 1 wanted -- or any one of us can ask the Chair to intervene and that is enough, you see. This is -- you're going on a tangent, and you are not talking about the problem -- I mean, the issue on hand, or whatever, you see? But I'm going to ask the Chair to be very strict with us and keep us in line, you see, and if you have the power to shut the microphone, like you did to me a little while ago, okay. So, I'd rather, instead of having a five minute -- and besides that, I want to clarify this. Many people, from what I hear, maybe on that issue, maybe I'm not understanding what people are saying, but it is not that five minutes is not for an issue that we are arguing. 1t is you are -- I mean, if the person -- per commissioner, that you have only five minutes to speak on that issue. And that, 1 think, is -- just go back to the item that we were discussing before, you see? We're back -- I mean, we took turns, derent turns, you see, different turns, and speaking either in favor or against, you see? So, but instead of having this limitation, what I want is all of us to be in agreement that any one of us is exceeding the time, it is going out on the tangent, that we request the chairperson to shut the microphone and that's it. Chair King: I will not shut Witty colleagues' microphone. I will not do that. But 1 do recognize that we do not need an ordinance or a rule -- Commissioner Reyes: Yes. Chair King: -- to police ourselves. We are a new commission, a fairly new commission, and there're growing pains. We will settle in and we will be able to say to each other, as colleagues -- Commissioner Reyes: Yeah. City of Miami Page 63 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: Just like I just wrapped it up, we were going and we were going, and I said, 1 believe we have the temperature for a deferment, just by listening to you, just by listening to you, but not saying to any one person, you can't -- or you've hit your five minutes and then we have to go about -- Commissioner Reyes: (UNINTELLIGIBLE). Chair King: -- we have to go about saying, okay, you can have another five minutes or so. I don't think that that's -- I don't think we should create such a stringent code, rnyselfpersonally. Commissioner Gabela? Commissioner Gabela: What I was going to say was, you know -- Chair King: One second, I'm sorry. Commissioner Gabela: Go ahead. He wanted to speak. Chair King: I was looking at you and I meant to say you. Commissioner Pardo: You always call me Gabela. Chair King: I'm sorry, Commissioner Pardo. Commissioner Pardo: Okay. I think the intention of what this resolution is pretty clear. I would be very satisfied knowing that I could refer to the Chair to intervene when something in my estimation has gone, you know, too long. So, I'd be happy to withdraw this or -- Commissioner Reyes: Okay. Commissioner Pardo: -- however you want to deal with it. Knowing that for me is sufficient. Chair King: Well -- Commissioner Gabela: So -- Chair King: -- we have the sponsor of the item willing to withdraw it. I think we should act on that. Do I have a motion? Todd B. Hannon (City Clerk): Chair, no motion is necessary if the sponsor is withdrawing it. Chair King: Okay, no motion is necessary. Commissioner Gabela: I was just going to say that I pledge from now on that I am going to behave myself, okay, and will abide by the rules. Commissioner Reyes: Yes. Commissioner Gabela: And I think if we all do that, we won't have a problem. Chair King: And jrothe most part -- Commissioner Gabela: And respect each other. City of Miami Page 64 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: Right. And for the most part, we too, none of us are perfect. We're human and we get excited and we get passionate and then we wake up and start another day and we continuously do better as we go along. Commissioner Reyes: That's right. Chair King: So, the sponsor has withdrawn the item, moving right along. Commissioner Reyes: Okay. END OF FIRST READING ORDINANCES City of Miami Page 65 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 BU.1 15268 Office of Management and Budget BU - BUDGET BUDGET DISCUSSION ITEM MONTHLY REPORT I SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET) II SECTION 18-502 (CITY'SANTI-DEFICIENCY ACT) III SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Chair King: Okay, and now we'll have a quick -- Marie Gouin (Director, Budget): Quick. Chair King: -- budget briefing. That would be BU.1. Ms. Gouin: Good afternoon, again, Marie Gouin, Budget Director for the City. I'm just going to go straight to the summary. I had e-mailed all the detailed reports, narrative that explain what's going on. We're right at the quarter -- first quarter of the fiscal year, which is December 2023, and remember, this is the first quarter preliminary numbers. If you look at -- if you look at it, we've collected about 50 percent of the revenues, but taxes are upload upfront. When we look at the expenses and the trend, this is what we come up with. I'm going to go to the last slide and kind of walk you through the summary. If you look at where we are, what we've projected through the first quarter for revenues, a billion 71, projected expenses a billion 46, which gives you a over -- excess of $25 million. We're projecting that revenues will be higher -- will be over expense -- expenses. And then internal service fund that we have within the City, there will be a surplus of 3.8 million. The -- which gives you 28.8. Also, the building fund reserve, the building dollars are separated, need to keep the separate from the reserve, we're pulling that aside, out of the 28 million, which is 12.9 million, which gives you a net surplus end year, fiscal year, of 15.9, but that 15.9 also include those reserve that we put aside for obligations, and also $5 million in contingency, which is part of our financial integrity principle, which is for emergencies. When you do that you really -- we know it's preliminary, early in the year, really tells you that you will have a shortfall at the end of the year by 1.6 million, but at this time we don't believe that will be the true fact. Chair King: Thank you. Ms. Gouin: Okay. END OF BUDGET City of Miami Page 66 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 14831 A DISCUSSION ITEM REGARDING IMPROVEMENTS TO PARKS City Manager's IN DISTRICT 3. Office MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Vice Chair Carollo: What -- what do we have left from the regular meeting? Chair King: We have discussion items left Jot. the regular meeting, Discussion Item - - DI], 2, 3, 4, 5, 6, 7, and 8. I don't think we need to take DI8 though, do we? Vice Chair Carollo: Okay, can you go over the discussion items that we have left? Chair King: Discussion Items 1 is D3 (District 3) park improvements. Vice Chair Carollo: That could be withdrawn. Chair King: Okay, so we're going to withdraw DI.1. Vice Chair Carollo: Yeah. Chair King: DI2, update on homeless? Vice Chair Carollo: Unless anybody else wants to keep it, it could be withdrawn. Chair King: I can withdraw. I get updates on the homeless all the time. Vice Chair Carollo: Okay. Chair King: So, we can take DI.2 off. DI.3, state of Israel bond presentation. Vice Chair Carollo: Okay. Chair King: Keep that. Commissioner Gabela: No, however you guys -- Vice Chair Carollo: Anybody like to defer it again or not? Chair King: Do you want to defer -- would you like to defer it? Commissioner Pardo: No, 1 think it's -- Chair King: Keep it? Commissioner Pardo: Yeah. Vice Chair Carollo: Okay. City of Miami Page 67 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: Okay. DI.4, outside employment and disclosure elected officials. Keep that. DI.5, campaign finance reform. Commissioner Pardo: Yeah, keep it. Chair King: Keep that. DI.6, City Charter Committee establishment. Commissioner Pardo: Keep. Chair King: DI.7, selection committee search of new city attorney. I think that's an update, right? (COMMENTS MADE OFF THE RECORD) Chair King: Okay, and DI.7 -- I'm sorry, DLB, ACLU (American Civil Liberties Union) map lawsuit, but I think we -- Victoria Mendez (City, Attorney): We handled that one. Chair King: -- we handled that already. Vice Chair Carollo: We did that already, right? Chair King: Yes. So, we have -- Commissioner Pardo: And DI.9, I do have a follow up on there, but it's short. Chair King: Okay, but that's been deferred until February, 8th. Commissioner Reyes: February 8th. Chair King: Right. Ms. Mendez: No -- Commissioner Pardo: Right, but I did want to -- I did want -- Ms. Mendez: -- no, that one -- so, Todd just -- Todd has it already as discussed and handled, and then we're bringing an ordinance on February 9th -- Chair King: February 8th. Ms. Mendez: -- but -- 8th. Chair King: Uh-huh. So, that's what we have remaining, 3, 4, 5, 6, and 7, discussion items, that we can take up after the break. At this time, I would like to recess our City ofMiami Commission meeting for January 25th, 20 -- [Later...] Todd B. Hannon (City Clerk): Chair, and my apologies, can I get a motion for DI1 and 2, since it's on the agenda pursuant to the City Manager's Office? Commissioner Reyes: Move it. Chair King: May I have a motion -- City of Miami Page 68 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 DI.2 14834 City Manager's Office DI.3 15297 City Manager's Office Commissioner Reyes: Move it. Chair King: -- to withdraw -- Commissioner Gabela: Motion. Chair King: Second. Commissioner Pardo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. And at this time, we'll go into recess and take up the Southeast Overtown/Park West CRA (Community Redevelopment Agency) meeting,and after that meeting, we will break for lunch. I'll tell you what time we'll come back after this meeting. Commissioner Reyes: Okay. Chair King: Okay? And give us one second to flip the tape. DISCUSSION ITEM A DISCUSSION ITEM REGARDING AN UPDATE ON HOMELESS. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item DL2, please see "Public Comments for All Item(s)" and Item DLI. DISCUSSION ITEM A DISCUSSION ITEM REGARDING A STATE OF ISRAEL BOND PRESENTATION. RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item DL3, please see "Public Comments for Allltem(s)" and Item DLI. Chair King: Good afternoon, everyone. Welcome back to the City of Miami Commission meeting for January 25th, 2024. At this time, 1 believe we are on discussion items, and if we may take a discussion item out of turn, I'd like to pull the item for the Israeli bonds. If we can have a -- 1 think we're going to have a presentation on that? If we can do that now. (COMMENTS MADE OFF THE RECORD) City of Miami Page 69 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Erica Paschal (Director, Finance): Good afternoon, Madam Chair and Commission. Chair King: Good afternoon. Ms. Paschal: Erica Paschal with the Finance Department. DI.3, per a directive passed during the October 12th City Commission meeting, the Finance Department conducted a review to determine the feasibility of purchasing the maximum amount - - maximum amount of public bonds for the State of Israel, while maintaining compliance with the City's investment policy, which is -- which is adopted by the City Commission. Our investment policy requires the following: it allows for investments in foreign sovereign governments that belong to the organization for economic cooperation and development, which Israel is currently a member of. The investment must have the highest short term or two highest long term rating categories at the time of purchase. Israel's current ratings do meet this requirement. And the maxim -- the maximum amount of the investment per issuer is 2 percent of the size of the investment portfolio at the time of purchase. Currently, the City's investment portfolio is approximately 1 billion dollars, allowing for a maximum investment of 20 million dollars. So, if provided the directive by the Commission, the City has enough liquid funds to invest at the capacity without having to liquidate any investments in the portfolio provided the current ratings do not change. Chair King: Thank you. Do any of you have questions? Commissioner Reyes: No, I took the liberty when I read this to ask Larry -- to ask Larry about it, and he assured me that they are -- these bonds are solid, and -- and that the interest they are paying the -- is satisfactory, you know -- Ms. Paschal: Right. And it's important to note if it is the directive to proceed with an investment, we would have to invest for a minimum of two years. Commissioner Reyes: Yeah, my only concern is that since they are in the middle of a war, that -- if they're going to he -- still maintain the price, because once -- you know, that they fluctuate. Ms. Paschal: As of recent, we checked, the ratings are still maintaining to be investment grade. Commissioner Reyes: Okay. Chair King: So -- Commissioner Pardo: I just have a quick one, is it backed also by the credit of the U.S. government? Ms. Paschal: Yes. Commissioner Reyes: Yes. Commissioner Pardo: So then, we're good. Commissioner Reyes: (INAUDIBLE) no danger whatsoever. Commissioner Pardo: That's what I mean. Well, hopefully. Chair King: So, do I have a motion? Commissioner Gabela: Motion. City of Miami Page 70 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: It's -- Commissioner Pardo: Second. Chair King: -- it's just a discussion, we don 't need -- okay, thank you. (COMMENTS MADE OFF THE RECORD) Chair King: Okay. Thank you. Connnissioner Reyes: Thank you very much. Commissioner Pardo: Thank you. Ms. Paschal: Thank you. DI.4 DISCUSSION ITEM 15314 Commissioners and Mayor A DISCUSSION ITEM REGARDING OUTSIDE EMPLOYMENT AND DISCLOSURE FOR ELECTED OFFICIALS. rRESULT: DISCUSSED Note for the Record: For additional minutes referencing Item DL4, please see "Public Comments for Allltem(s)" and Item DLI. Chair King: And now we are on Discussion Item 4, outside employment and disclosure, elected officials. 1 believe this is Commissioner Pardo's item, so if you would like to start. Commissioner Pardo: Sure. This item is coming up because of outside employment issues here with the City in general, and a lot of other places deal with outside employment the same as every other outside business activity, they're lumped together. Whether it's a non-profit board, or whether it's a for profit outside employment issue, it all comes to one person, or one body, like the Commission, which approves it. So, it's a way to have it disclosed and it's also a way to get an approval, something that makes sense for the body involved. And -- so the thinking here was to be able to have a system that documents the outside employment, and approves it, just like many other organizations already have, for electeds and appointed. Commissioner Reyes: Appointed. Let me -- I thought about this. I agree with you 100 percent, and this is a nice issue to include in the Charter review, because remember, any change that we're going to do to the Charter has to come before the voters. And this is -- this is something that can be discussed, and always -- also, take into consideration we have -- our job is considered part-time, we should be full-time, but we have -- you are -- I mean, you have outside employment, you have your business, Madam Chair is an attorney, you see. So what we have to do is find some -- some way that disclosure has to be -- has to be total, you see, total, and -- but we can -- we have -- we had asked this question before, and particularly, when you are an attorney, there is the client -attorney privilege, you see, that you don't have to disclose who your -- your client is. And this is a touchy subject, that's why I think that we should definitely discuss this, because I know what you're talking about, and -- and it gives -- it gives a lot of material for people to criticize, and talk about the City, and give the City a had name, you see, and I agree with you. City of Miami Page 71 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Commissioner Pardo: And Commissioner Reyes, just to clarify, the only thing that we would be approving is the fact that she has outside income generated from her practice, not their clients, not anything like that. Commissioner Reyes: Okay. Commissioner Pardo: We can -- we can put it under Charter review, the only reason I had it as a separate discussion item is because the Charter review can take a very long period of time, whereas if we wanted to move a little bit quicker, we can decide to do something the same way we did with the independent auditor general. Commissioner Reyes: Yes, yes, yes, yes, yes. Commissioner Pardo: You know, that could've been a Charter review, but we didn't -- we decided to do -- Commissioner Reyes: Okay, in order to do that, you -- we have to bring an ordinance to the -- Commissioner Pardo: Correct. Correct. Commissioner Reyes: -- you see. Greco, Mr. Greco, how are you doing? John Greco (Chief Deputy City Attorney): I am well, sir, how are you? Commissioner Reyes: If we are going to place a question about outside employment, I think you have to think about it, you have to look at it, shoot, and -- and come up with a -- with a -- an ordinance that it is not -- I mean, we are not infringing on the right of the individuals who are working someplace else. Mr. Greco: Correct, if the Commission is directing the City Attorney's Office to look at how -- Commissioner Reyes: Yes. Mr. Greco: -- outside employment can be regulated -- for elected officials, correct? Because for -- Commissioner Reyes: For elected officials. Mr. Greco: Right. Commissioner Pardo: And I would add appointed positions. Commissioner Reyes: And appointed (FOREIGN LANGUAGE). Commissioner Pardo: Okay. Commissioner Reyes: Because if -- if you work for the City of Miami, I'm -- whatever you do with your time when you leave here, it is your time. Mr. Greco: Correct. Obviously -- Commissioner Reyes: But as long -- Chair King: If I may. Commissioner Reyes: -- as long as you disclose it. City of Miami Page 72 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: I f I may. Commissioner Reyes: Okay, I agree with you. Chair King: If I may. Commissioner Reyes: Yes. Chair King: Every year we are required to disclose sources of income on our financial disclosure that is required to go to the State. I am not in favor of adding an additional layer. I don't need anybody to check whether or not I can have outside employment. I am a part-time public servant. The Commission on Ethics also chimes in on any employment that may or may not be a conflict of interest for me as a public servant. I have to disclose enough already, on the required form of the financial disclosure that has to go to the State. I have to say who my income sources are, where they come from. I don't think we need an additional level of -- and certainly, none of you can approve or disapprove how I make a living, because this is a part- time job. So, that's how I feel about it. I don't know how the rest of you feel about it, but there is already a mechanism for me to disclose my employment. Commissioner Reyes: Madam Chair, what I'm trying -- what I'm saying, okay, excuse me, what I'm saying, because I don't want to be misunderstood, I know that whatever you do as a -- as a -- I mean, in your business and your profession or whatever, that's fine, as long as it doesn't do business with the City of Miami. That's -- that's where the -- that's where the controversy comes from, you see. Chair King: (FOREIGN LANGUAGE). Commissioner Reyes: You see. Chair King: (FOREIGN LANGUAGE), however -- Commissioner Reyes: And we have to make that a little stronger. Chair King: (FOREIGN LANGUAGE), however, there are guidelines, there are rules that we must follow. There's conflict of interest. We're all given a training on that from the Commission on Ethics. We all know that we can't X and we can't Y or we can this and we can that. 1-- for me, me personally, I don't need anyone to police how I earn a living, and 1 don't need anyone to police -- to -- to say I'm doing something right or I'm doing something wrong, and 1 make that disclosure every year on my financial disclosure that's required July 1st. That's -- that's where I'm coming from. Commissioner Reyes: Yes, I know, I know. Chair King: I don't -- I don't need that. Commissioner? Commissioner Pardo: Just explaining, because I work under a process that does do that, and it's not really intended to police anyone. Commissioner Reyes: No. Commissioner Pardo: What it's actually intended to do is to protect us because we provide the information, it's disclosed, it's out there in the public, nobody can come back later and say, `Hey, you hid this from, you know, the public view. " And Ethics will rule on it if we ask for an opinion on it. It doesn't -- City of Miami Page 73 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: But that is the prudent thing to do as an elected official. Commissioner Pardo: Well, but that's left up to -- Chair King: And -- but that's left up to our colleagues, so again, I'm not policing any of you. If you've -- and I have, I have checked with the Commission on Ethics on employment offers that I have received, and based on my discussion with the Commission of Ethics, I've made a choice, one way or the other. Again, what I'm saying is there are mechanisms in place for this -- Commissioner Reyes: I do -- Chair King: -- already. Commissioner Reyes: I do understand. Chair King: I don't -- I don't feel -- Commissioner Pardo: I think if -- Chair King: -- that we need to do an extra level because we should, we should, each one of us, be able to do that. Commissioner Pardo: I think it's a slippery slope if fyou just leave it up to everyone. I don't think it would even be coming up if it hadn't already been an issue in the City. So, I think it would benefit us by just putting something in place that protects us and becomes routine. Commissioner Reyes: Yes. I -- I believe -- and I agree with you, Madam Chair ,and it's not that I want to police you or anything. My only concern it is the disclosure of your client, if they do business with -- the City of Miami, you should recuse yourself from representing those people or doing business with us, persons that they do business with the City of Miami. Chair King: But we already do. Commissioner Reyes: And it should be -- but that should be a penalty -- should be a penalty if you don't do it, you see. It is either to bring it to the Ethics Commission, because we -- we don't -- it happens and we don't do anything about it. There is -- it doesn't get to the -- to the Ethics Commission, to Arrojo, for example, unless somebody, somebody, any one of us, you see, or any one of the public, they make an accusation. What I want to do is to strengthen it a little bit. I mean, not that we are policing. I don't know how it's going to be done, how can be done, but I will like to have it a little strength, a little teeth, to the -- the requirement to inform outside -- outside employment, you see. Right now, listen, I don 't have any outside employment. I mean, it could be easy for me to say that, but -- because I'm retired, but -- but what I'm saying is, the good name of the City has been, I mean, totally dirty up, I would say, because of things that are happening, and what I want is to try to curtail that -- I mean, that activity of -- to happen again, you see, and to have some teeth. I don't know what we can do, you are an attorney -- Chair King: Right, well what I'm say -- Commissioner Reyes: -- can you think about it and bring it -- Chair King: Well, what I'm saying is there're already teeth. You cannot file your financial disclosure and not be truthful on that financial disclosure. And if it comes - - if it is determined that you have not been truthful with that financial disclosure, City of Miami Page 74 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 there are ramifications that everyone will have to deal with. So, I'm saying once a year we do have to disclose our employment. 1 don't need to do it more than once a year. Commissioner Pardo: But a disclosure is different than a value -- an evaluation of it, meaning what does it mean, what -- you know, a conversation about what that is. Anyone can just disclose something and you -- you've complied once you've provided it. Commissioner Reyes: Could that -- could that be -- that evaluation could be part of the job description of the independent auditor? Commissioner Pardo: Yeah, it could. Commissioner Reyes: Okay. Commissioner Pardo: Absolutely. Commissioner Reyes: (UNINTELLIGIBLE) something we could do. Commissioner Pardo: Absolutely it could, yes. Commissioner Reyes: And that doesn't interfere with anybody. Commissioner Pardo: No. Commissioner Reyes: Is that fine with you? Chair King: No. None of it is going to be fine with me. I'm not voting for it because again, I am saying that 1 do not need an additional level of whatever you want to call it, which however you want to say it, I am not going to conduct myself as if I'm doing anything wrong with having outside employment, and I don't need any one of you to evaluate, or anyone else, to evaluate my outside employment. Commissioner Reyes.. It is not your -- Chair King: And I'm -- I'm firm on that. So, let's let Commissioner Gabela speak on that who, I heard, is a capitalist. Commissioner Gabela: So, you guys are going to put the hot potato -- Chair King: No, it's -- you haven't said anything. Commissioner Gabela: No, because look, I'm -- I'm different than you guys, like Manolo said, I have a business. And my business is the Jaguar business. You know, I've bought, sold, owned them, Jaguars, all my life, you know, restored, whatever. And so my customers, you know, don't have a conflict per se, right? With the City? Because I'm in a completely different, you know -- you know, structure business than you guys are, but I'm -- but I'm hearing both sides. I'm hearing both sides of what -- I'm going to do what you guys -- on this because you guys are the ones that are going to be mostly affected. I'm not going to be that affected, honestly. Commissioner Reyes: No, I'm not affected at all. Commissioner Gabela: Right, exactly. Chair King: Not affected. City of Miami Page 75 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Commissioner Pardo: I am -- Commissioner Gabela: So, Fin going to pay attention to what -- Chair King: Not affected. Has his own business. And -- but we should not create policy that is specific to us. We should create policy that looks forward to when we're not here, how will that affect the persons that are coming after us. Not just -- we can 't look at issues or create legislation in a vacuum for just -- Commissioner Gabela: Right, no, no. Chair King: -- just us, right? Commissioner Gabela: So -- so, what I think Manolo -- Manolo's trying to say, and Pardo, is that let's say that I had employment with a lobbying firm that's always lobbying here, okay? That could be a potential conflict -- right? -- is what I think you guys are saying something of that nature. But my question is isn't that already on the books? Do we have something like that that we have to disclose? Commissioner Pardo: No, I mean we -- we write whatever the outside employment is and we've complied. I mean there isn't really an assessment of -- or a discussion about -- Chair King: But where there is -- where there is a question -- where there is a question, then that is what the Commission on Ethics is for, where there is a question. It's not -- it's not fbr me to question you. Commissioner Gabela: No, no, no, no. Chair King: Right? Commissioner Gabela: 1 got that. Right. Chair King: It's not for me -- Commissioner Gabela: Or for me to question you. Chair King: Right. So, you would go, if there was -- if you thought, well, is there -- may there be a conflict, we have a resource, and we can get an opinion. And you get that opinion, but we do disclose, we are required to disclose other sources of income on our financial disclosure, which is required -- Commissioner Reyes: Okay. Chair King: -- every year, and I feel like that is sufficient. I don't feel like I need an extra layer of bureaucracy, particularly when it involves how Ifeed my family. Commissioner Gabela: Well, would we have a problem doing it like Manolo is saying, through the --? Commissioner Pardo: No, I mean, I think -- listen, I think the issue here is it's a very slippery slope. I can write down I'm an advisor at First Horizon and I've complied, right? I submit it and then I may just be working during the day, and I just met a new client and we're working on an estate plan and it has not entered my mind that this person does business with the City. If someone were to ask me, have you checked all of your clients? Do any of them do business with the City? I would be grateful, because now I'm like, you know what, I just got some new clients, I don't -- let me double check and make sure that that's not anything that I'm holding. On my side of City of Miami Page 76 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 the fence, in financial services, they have that, and it's really not a big deal. It's for us, actually. It's meant to protect us and protect our ci Commissioner Reyes: That's right. Commissioner Pardo: -- and protect us as a governing body. It's not really -- and it's not that much extra, it's simply, as Commissioner Reyes was suggesting, having the independent auditor general take a look and brief conversation. Commissioner Reyes: That -- that is the way the County does it. If financial disclosures, you see, are reviewed by the -- nobody -- 1 mean, who review our financial disclosures? Chair King: Who reviews our financial disclosure? Commissioner Reves: Yes. Chair King: Oh, I can tell you who reviews our financial disclosure, the Miami Herald. The Miami Herald. The residents of the City of Miami. Commissioner Pardo: Kind of too late. Chair King: As soon as -- as soon as our financial disclosures are filed, multiple, multiple people -- Commissioner Reyes: Yes, but -- Chair King: -- are reviewing our financial disclosures. There is nothing that's going to get beyond the Miami Herald -- Commissioner Reyes: Miami Herald. Chair King: -- or the residents of the City of Miami. Commissioner Reves: Okay. Chair King: Trust me. Everyone is looking -- Commissioner Pardo: But do we really want -- Chair King: -- at our financial disclosures. Commissioner Pardo: -- but do we really want the Miami Herald to be that party, instead of us? Chair King: They are that party. It is not whether we want it or not, that is reality. They are that party and it's not -- I don't -- I think you're oversimplifying it. It is not you put something on your financial disclosure, because you have to say if -- if whoever your client is contributes I believe the threshold is 20 percent of your yearly income, you have to disclose who that person is. You have to. There's no getting around that because it is required on that form, and if you are not honest, if -- if you falser that document, you can -- you can be criminal -- there can be criminal prosecution brought against you. That has teeth. Commissioner Reyes: Okay. Chair King: I don't know about anybody else, but criminal prosecution against me is -- is a deterrent. City of Miami Page 77 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Commissioner Reyes: The last thing that I'm going to say and -- and 1 think we should go -- I mean, leave this, because this is a discussion item, and we are not going to be doing anything here, but one thing that -- the last thing that I want to say is, what happens when you omit that -- Chair King: That's -- omission is the same as falsifying a document. Commissioner Reyes: Falsifying, but -- Chair King: Yes. Commissioner Reyes: -- but who looks into if -- if it is submitted or something like that? That's -- that's the only thing that 1 want, I mean we -- Chair King: It's the -- Commissioner Reyes: -- if you're doing everything over the table -- I mean on the table, there's no problem. There's no problem. You just, every year, you do it, but how about if you're getting salaries and perks -- Chair King: You 're talking about -- Commissioner Reyes: -- from somebody and you don't disclose it. Chair King: What you're talking about is a person that's not going to be honest in the first place. Commissioner Reyes: Okay. Chair King: So, no matter what guard rails you put in place -- Commissioner Reyes: The Miami Herald is going to bring that out. Chair King: -- they're not going to follow it. Commissioner Reyes: (UNINTELLIGIBLE). Chair King: Right. Commissioner Pardo: Right, that's what we want. Chair King: They're not going to follow it, so the -- the example that you 're giving is a person that has the propensity to be a cheater, and they will cheat. They will find a way, irrespective of what you put in place, to cheat. And I -- I believe what we already have, what we are required to do, is sufficient. Commissioner Gabela: Okay, let me just say -- I'm just going to say this, if I am allowed. The one thing is that we seem to be having a problem with, without going into details or personalities, right, and we're discussing how best to do this, is let's say -- and this job is qualified as part time, right? That's what we all understand? Commissioner Reyes: Yes. Commissioner Gabela: But really, if you're going to do it right, you know, Pardo, you know, Manolo, you know that it's a full time job, honestly speaking. Commissioner Reyes: Yes. City of Miami Page 78 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: More than a full time job -- Commissioner Gabela: If you're going to do it right, it's a full time job. Chair King: -- because I can tell you that I have events -- Commissioner Gabela: Yep. Chair King: -- every single day. I have events every single day in my community. Every single day. You have to steal time for yourself. This is -- Commissioner Gabela: I agree. Chair King: -- a full-time job -- Commissioner Gabela: This is a full-time job. Chair King: -- with a less than part-time compensation. Commissioner Gabela: No doubt about it if you're going to do it right. Now, the only thing I would say, and you ladies and gentlemen, you know, correct me if I'm wrong, the only thing that's a problem here that I see is that let's say you got 10 jobs, okay, or 8 jobs, right? And then that kind -- Chair King: Why are you picking on the only Caribbean person in the -- on the dais? Commissioner Gabela: What's that? Chair King: Why are you picking on the only Caribbean person on the dais? That's a joke, you didn't get it. Commissioner Gabela: No, I'm sorry. Chair King: Caribbean people -- Commissioner Pardo: Right, they have jobs. Chair King: -- always have more than one -- Commissioner Gabela: Oh. Chair King: Caribbean people always have more than one job, as -- and I do, and I do. Go ahead. Commissioner Gabela: Yeah, it's -- no, it's just that sometimes -- so the public perception is, this guy's a commissioner, you know, he's got 10 jobs, you know, he's not doing our job because he's got 10 jobs, right? I think that's part of the problem that we're having here. Let's call, you know, a spade -- a spade a spade. Let's call it how it is, okay, and I think it's part of the perception that maybe you're trying to -- you know, to -- Commissioner Pardo: Part of it is. Commissioner Gabela: Exactly, to take care of and I think that one's a problem. You know, the perception that, you know, we're not doing our jobs because we've got, you know, eight other jobs or seven other jobs out there with City of Miami Page 79 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 (UNINTELLIGIBLE). Maybe, 1 don't know, but those -- that -- that's my two cents. I'm going to go with whatever you guys -- Chair King: Yeah, but that's -- again, that's not the issue here on the dais, because two of the commissioners are retired. Commissioner Gabela: Right. Chair King: They're -- right, those two are retired, you own your own business -- Commissioner Gabela: It's really you guys. Chair King: Right. It -- it affects us -- Commissioner Gabela: Right. Chair King: -- and I'll tell you, I'm a lawyer, I'm a professor, I'm a property owner. I have multiple jobs. That has been disclosed on my financial disclosure. So, I -- (COMMENTS MADE OFF THE RECORD) Chair King: -- so I don't -- I don't see, and I've had -- I've -- prior to me getting elected, I had a client that did work with the City of Miami, and when I got elected, I no longer represented that client. So, I -- you know, I just -- I don't feel the need for it. Commissioner Reyes: (INAUDIBLE). Commissioner Gabela: You guys want to buy some Jaguars? I got a real good deal. I can sell you 50 and you'll get a really good deal. Commissioner Reyes: (INAUDIBLE). Commissioner Pardo: Yeah -- Commissioner Reyes: (INAUDIBLE). Commissioner Pardo: Yeah, I just wanted to add, as the other person that has, you know, significant outside employment, I would find it very helpful. 1 would view it as a guardrail, and I was kind of shocked the way that we handled our disclosures versus the way that 1 have to do it professionally. Which 1 feel provided me good guardrails. Commissioner Reyes: (INAUDIBLE). Commissioner Pardo: It's not her. We don't need to guard against anyone, we're just putting some guardrails so that things that have happened don 't happen again. Commissioner Reyes: (INAUDIBLE) I know -- I know that you, Madam Chair, you will never -- you will never hide any of your source of income. I know that because I know you, okay? But we're not talking about you, we're talking about -- and -- and I think that you said something that it is very important. We are legislating for the future, you see. It is not that anyone of us is going to do that, but there is a danger that it happened before, that we can have some elected officials that will have clients that come before them, you see. And that's what -- that's what have brought so much discussion about the City of Miami and -- and that, I would say -- I'm not going to say (UNINTELLIGIBLE) but that -- that cloud that exist over the City of Miami of -- we have given them ammunition to talk about corruption and lack of transparency City of Miami Page 80 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 and all of that. It is -- if the City has done that, and that cloud is the one that we want to dissipate. Not -- it's nothing against anybody, it is just trying to bring more -- more -- Chair King: Right, I don 't think it's against -- I don't think it's against anyone per se. What I'm saying is we already have the mechanism -- Commissioner Reyes: Okay. Chair King: -- to address this. This is what I'm saying. Commissioner Reyes: Okay. Chair King: We already have the mechanism, and I -- I would be glad to leave this as a discussion item. One of our colleagues isn't here, had a family emergency -- Commissioner Reyes: Yes. Chair King: -- and has asked for consideration if we're going to take any vote, that we -- we do it when they're back. Commissioner Reyes: And I -- and I -- Chair King: But we've talked about it and -- Commissioner Reyes: As I've said before, this is just a discussion item, and discussion items is just to have a brainstorm so we can talk about it, doesn't -- we don 't have to take any action or anything. It is just to talk about it and to think about it and see if -- if we need more proof that this is something else is needed, well just to bring it on the table and we will discuss it. So, I think that we should go on the next discussion item. Okay. DI.5 DISCUSSION ITEM 15315 Commissioners and Mayor A DISCUSSION ITEM REGARDING CAMPAIGN FINANCE REFORM. rRESULT: DISCUSSED Note for the Record: For additional minutes referencing Item DL5, please see "Public Comments for All Item(s)" and Item DL1. Chair King: So, that brings us to DI.5, campaign finance reform. Commissioner Pardo: What I was thinking of with that item is the Miami Beach ordinance, and looking at their ordinance and see how it would work for us in the City of Miami. Briefly, they prohibit contributions from vendors with the City, lobbyists on procurement, real estate developers, real estate development issues, and it also prohibits campaign consultants from lobbying for the City for 12 months. There's a $500 fine if there's any violation, and the contribution, whatever contribution was made, goes to the City. Chair King: So, if I can, for me, if -- if that can be provided, because I don't have that, and we can talk about it at our next Commission meeting if you can -- Commissioner Reyes: Yes. City of Miami Page 81 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: -- give us -- Commissioner Pardo: Right. Chair King: -- all of that, and we can look over it and then we can come back and discuss that. Commissioner Reyes: That's right, and I'm just going -- just -- that is food for thought, you know. A long time ago, I mean when I was young and I'm -- my hair was black, you see, I had black hair before, long time ago, there was a committee talking about campaign reform. And I said, you know, campaign reform, it is a very - - I mean, it has a beautiful name, you see. We are going to limit the amount of money that people are going to receive. We are going to preclude some people to come before that -- before us, and all of that. Okay, but we want to level the playing field for everybody that is running. Fantastic. I agree with that, and being a person that six times -- seven times, run without any money, you see, always -- I was -- my opponents, they always had triple the amount of money that I had when I was -- at least when I was running. I know what you mean and to be -- I mean, the playing field is not leveled, but unless -- unless, and I want to say this and I want you to think about it, unless, and I don't know if it is -- I mean, if it is not against the law or we are infringing on some people's rights, but unless we limit the amount of money that can be spent in -- on a campaign, we are doing nothing. Because whatever we do is always going to be circumvented by the persons that they have the -- the -- I mean, have the money and wanted to get somebody elected, you see. First, I remember a long time ago it was $500 maximum per contribution, $500. I said you can put it at $50, if you -- I want to give you $10,000, I'm going to find a way that -- and it has been proved -- been proved that sometimes there have been contributions for the whole family, you see, and everybody else -- I mean, 100 people that give you $50 or $500, you see, I will get to my candidate the amount of money that I want to raise. So, this is something that we have to think about how are we going to be about -- go about it, because 1 know we want to level the playing field. We want to level the playing field, but we have to be careful because -- I mean, do something that's really hefty to them, otherwise, it's -- Commissioner Pardo: Yeah, I will tell you that since this ordinance has already been in place, the general thinking around it is that it has done something, but as you correctly mentioned, there're a lot of ways to get around everything, but at least we're putting a first step forward. Commissioner Reyes: Okay. Commissioner Gabela: You know, one of the ways -- if you're really going to do it, what you do is you limit the maximum -- maximum total dollar amount that you can collect in one campaign, because forget about the thousand or the five -- Commissioner Reyes: That's it. That's it. Commissioner Gabela: -- but that -- that ain't [sic] ever going to work. You know why? Because then we'll have litigation -- Commissioner Reyes: Either -- Commissioner Gabela: -- of -- Commissioner Reyes: -- either that or limit the amount you're going to spend. Well, it's the same. City of Miami Page 82 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Commissioner Gabela: Yeah. Right. It's the same, but then you're going -- on the other side, you're going to have litigation that we're violating the constitutional rights to -- you know, to back a candidate up, you know, if they want to do it, but 1 think it would level -- I mean, I was -- I was like you, Manolo, for a long time. You know, we -- we ran a campaign, very little money to a lot of money, so I know what -- you know, I ran four times, and I -- I know what the deal is -- Commissioner Reyes: Yes. Commissioner Gabela: -- 1 can, you know, and I would be, you know, to look that over and see how we can tweak it. And by the way, the $1, 000 per limit, is that a State thing? Is that us? An ordinance here in the City of Miami? Or is that state law? The -- the thousand dollar -- Commissioner Reyes: I believe -- I believe it's a state law. George Wysong (Deputy City Attorney): State law. Commissioner Reyes: It's a state law. Commissioner Gabela: State law. Commissioner Reyes: That's state law. That's a state law. Commissioner Gabela: So, how would we change it -- Commissioner Reyes: It was increased -- it was increased a long time ago. I mean -- Mr. Wysong: Well, essentially what you would be doing is -- Commissioner Pardo: (UNINTELLIGIBLE). Mr. Wysong: -- making it from a thousand to zero, right? Commissioner Pardo: Right. Mr. Wysong: For certain categories. Commissioner Pardo: For certain categories. So, what we're saying is that people that do business with the City cannot contribute, zero, they cannot give money. People that are real estate developers doing work with the City can't do it. People with real estate development themes can't do it. Commissioner Reyes: But -- Commissioner Pardo: That are doing business with the City. Commissioner Reyes: But -- but, Mr. Pardo, I mean, listen, I am old enough to let -- that sound fine, and that's fantastic, I wish -- I mean, I'm, all for it, but that's going to be circumvented, because if I do business with the City and I am -- I mean, a developer, I am not going to contribute to your campaign $1,000. If I want to give you $10,000, I'm going to get 10 people that I'm going to give $1, 000 each, and they are going -- because that's the way it has been done. That's the way it has been done. You see, we have to find a way not to circumvent this. Commissioner Pardo: Right, but I also think it's important to make a first step instead ofjust giving in the towel and saying okay, well, whatever. City of Miami Page 83 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Commissioner Reyes: No -- no, no. Commissioner Pardo: I think -- Commissioner Reyes: I'm propose -- Commissioner Pardo: -- creating -- Commissioner Reyes: I'm propose -- Commissioner Pardo: -- creating categories that prohibit people doing business with the City from giving anything at all, it just makes it a little bit harder. Yes, they can circumvent, but they -- they have to make an effort. Commissioner Reyes: I'm pm -- what I -- if it is -- if it is within -- within -- we are not violating people's rights, if we can limit the amount of money that they can -- they can collect, or they can spend, I think that -- that be more -- and let us think about this too, you see, because there are certain things that we can do, you see, that Commissioner Gabela: Well, the other one is the PACs (Political Action Committees). That's a big one, because that's -- that's even unlimited, and the only thing you can't do there is you can't say vote, you can't put the number of certain things, but everything else goes, and that's a big one, because if somebody gives you a $50,000 check, you know, $100,000 check, you know, that changes the game. Commissioner Reyes: But -- but -- Commissioner Gabela: You know. Commissioner Reyes: -- that's federal, you know, if they give it to you for the PAC, that's federal. You cannot limit that. Commissioner Gabela: Yeah, I know, but that's -- Commissioner Reyes: I mean -- and -- Commissioner Gabela: -- something maybe -- Commissioner Reyes: -- and you can use -- and you know what PACs are used for, most of the times, they are used to attack and -- and are used in a way that it shouldn't be the way that -- that it was intended. Commissioner Gabela: It was meant for, correct. Commissioner Reyes: You see. Okay. Chair King: So, if you can give us all a copy of that -- Commissioner Pardo: I will. Chair King: -- legislation and we can -- Commissioner Pardo: Thank you. Chair King: -- we can -- Commissioner Pardo: Thank you all. City of Miami Page 84 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: -- revisit it. DI.6 DISCUSSION ITEM 15316 Commissioners and Mayor A DISCUSSION ITEM REGARDING THE ESTABLISHMENT OF A CITY CHARTER COMMITTEE. RESULT: DISCUSSED Note for the Record: For directive referencing Item DI.6, please see Item NA.2. Note for the Record: For additional minutes referencing Item DI.6, please see "Public Comments for Allltem(s)" and Item DLI. Chair King: And the last discussion item is the City Charter Committee establishment. Commissioner Pardo: So, we actually have spent a lot of time talking about things that would fall under the -- Commissioner Reyes: That's right. He's absolutely right. Commissioner Pardo: -- the Charter Review Commission, including outside employment, and all these other issues. So, it shows like how much we need it. What -- what we had been discussing with the Administration is to direct them to -- to do an RFP (Request for Proposals) for a consultant that looks at the best practice in establishing this committee. Why? Because we did this 10 years ago, each Commission picked a person, the Mayor guided it. We had like 17 recommendations. I think we implemented two, maybe three. So, there's this disconnect between implementation and the structure that we're using. And I'd like to see us put out an RFP and see what consultants come back with, and a reasonable price where we can look at the best kind of structures, as a Commission, before -- you know, before even moving to enact that. Commissioner Reyes: Madam Chair, if I may? What you are suggesting is that that -- you said, place an RFP for a company that will do the Charter review? Commissioner Pardo: No, they would give us a structure, almost like a best kind of structure -- Commissioner Reyes: Okay. Commissioner Pardo: -- with the data behind it -- Commissioner Reyes: And 1 -- Commissioner Pardo: -- for us to implement. Commissioner Reyes: Okay. I -- I have nothing against that, but I think that all of us would like to have a representative in it. If we are going to have a Charter review, all of us should have some input in it -- Commissioner Pardo: No, of course. Commissioner Reyes: -- okay? That has to go that way, okay? City of Miami Page 85 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Commissioner Pardo: Agreed. Chair King: Well, 1 definitely agree with Commissioner Reyes that if the City of Miami has a Charter Review Committee, that it should be made up of persons who will be affected -- Commissioner Reyes: That's right. Chair King: -- by the Charter, which is the residents of City of Miami. Commissioner Pardo: Also agree. Commissioner Reyes: That's right. Chair King: So, I support -- Commissioner Reyes: As a board member. Chair King: -- continuing to have members of our constituency to address -- Commissioner Reyes: To be appointed to it. Chair King: -- yes, yes. Commissioner Gabela? Commissioner Gabela: What's that? Chair King: Your thoughts -- Commissioner Gabela: Regarding the Charter -- Chair King: Your thoughts on -- Commissioner Gabela: -- no, I agree. We're going to do it, everybody, has to have one person so it's fair for everybody, we all feel comfortable, and you know, I'm willing to go along if that's what this body -- Commissioner Reyes: And in order to do that, we don't need to spend money on a -- on a professional. Commissioner Pardo: No, I --1 actually think we just said, well, the way we represent is by us putting one person. That may be one way of doing it, but there are other ways of doing it that include representation from us, and then certain disciplines that are important in that process. So, what I'm -- what I'm suggesting is for -- for us to review what a consultant -- which of course would include our input in it as well, but for us to review what a consultant would consider a good practice in the establishment of -- so that -- I mean, if we're doing this thing and it's a long-term thing, and we do it once every 10 years and it didn't work last time,, we have a better chance of it working this time; because we had an outside consultant that does this kind of work,, review it, and give us some advice. Commissioner Reyes: Okay. What do you say about that, Madam Chair? Chair King: I -- I don't -- I don't want -- I think that we can find qualified persons. I don't know because I've never -- it would be my first time with Charter review, so I can't -- I can't really say what the best practices are other than I know that a best practice would be to hear from the voters on what they want. Commissioner Reyes: That's right. City of Miami Page 86 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: And include them. So, if you want to have professionals, because we have professionals in our communities, we have, you know, folks like -- people who come to the Commission meeting regularly to have public comment, they have very strong opinions on how we should be managing the city. So, I -- you know -- Commissioner Reyes: I agree with that. Chair King: -- up with the budget discussion, I don't know we have a whole bunch of money to, you know, spend on a consultant. Commissioner Reyes: Yeah. Chair King: I don't know that we need a consultant to -- to do that -- Commissioner Pardo: As you -- Chair King: -- but I don't -- I don't -- Commissioner Pardo: I mean, as you can imagine, there -- many cities do charter review, and there are different structures in the way that they do their charter review, and we can actually look at which are some of the most effective ones, and at least consider that information in -- in our -- you know, in what we finally decide. We may end up deciding, hey, let's just do what we did before. It's, you know, we're good. We heard -- Chair King: I -- I don't -- I don't take an issue with getting other ideas. I don't -- you know, which I know none of us will -- will vote to approve a process that does not include our community. Commissioner Reyes: Absolutely. Commissioner Pardo: Agreed. Chair King: So, if somebody has an idea that I don't know of, or you know, can teach us something, I'm not opposed to that is what I'm saying. Commissioner Reyes: Madam Chair, ifI may? Mr. Wysong? George Wysong (Deputy City Attorney): Yes, sir. Commissioner Reyes: You were here the last time that that Charter review was done. How was the procedure started -- the process started? How was it? Mr. Wysong: So, essentially, my recollection of it was that number one, it was driven by I think a commissioner at the time who ultimately became mayor, and we had done Charter review programs in the past, almost decennial times,, you know, after the census comes out every 10 years, and so we just organically created the Charter Review Committee. I think it was perhaps -- it seemed like a very large board. It was more than one per person. I think it was two per person, then the mayor -- Commissioner Reyes: No, no, no, no. Mr. Wysong: -- and then other selections. So, it's -- we can do it however you'd like it, you know, essentially, but -- City of Miami Page 87 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Commissioner Reyes: You see, I am -- personally, I don't know anybody else, 1 am against all those huge boards that have 15, 20 people, because you can never get results out of it, and there is -- I mean, very, very hard to reach consensus, you see. Commissioner Gabela: Yes. Commissioner Reyes: I'd rather have individuals that they are very much -- I mean, in touch with the -- with the community, and with a type of government, you see, that they know if -- even I'm inclined to have attorneys, also, that are part of our community, you see, because they are -- the Charter is mostly --1 mean, is written in legalese, okay, that they understand what is going on, you see. And if one of us can participate, well, I will volunteer Madam Chair to be part of that committee. But what 1 think that -- that we should follow what we have done before and -- and -- I don't -- I don't -- personally, I don't believe -- and I'm going to tell you that I was a consultant, and I'm an economist. I have done a bunch of analysis and consulting jobs, and I don't have anything about consultants or anything, but -- but most of the times, it's whatever you -- Arthur Noriega (City Manager): Can I -- Commissioner Reyes: -- I mean, you propose is not going to be done. So, I believe that we did it before. Let's all get together and decide how many people should be in the Charter -- I mean, be in the -- in the review committee, and what type of expertise they should bring into the -- the -- I mean, what will they bring? Mr. Noriega: Can I proffer maybe a little bit of middle ground that might help the Commissioner on this? Would you like us to consult with the Florida League of Cities? Commissioner Reyes: I would like -- Mr. Noriega: And the Miami -Dade County League of Cities -- Commissioner Reyes: That's it. Mr. Noriega: -- and see if we can draw out what the best practices have been in other municipalities, and counties, for doing charter review? And then present a bunch of examples? Commissioner Pardo: I would love that. If you know -- also, if you know outside consultants and you can inquire with them as to, I guess, pro bono, you know, just on the cuff -- Commissioner Reyes: Good. Mr. Noriega: Yeah, I mean, we have government consultants that we can -- Commissioner Pardo: -- and to also -- Mr. Noriega: -- lean on. Commissioner Pardo: -- I know Seminole County, for example, has a pretty reputable Charter Review Commission. There are other counties that currently use them, and see how they're formed, and maybe bring it back to us -- Mr. Noriega: Yeah, that's what I'm saying. I mean, the League of Cities is actually a great reference -- City of Miami Page 88 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Commissioner Pardo: Okay. Mr. Noriega: -- because they have -- we have access to every municipal government -- Commissioner Pardo: Perfect. Mr. Noriega: Well, at the municipal and county level, and we can ask them, hey, if you've done charter review -- by the way, those questions get posed all the time to us. Like, we'll get a question from the League and say, hey, we're -- we're whatever city, we're about to do X, what is -- what has been the practice in Miami for that? And then we respond. And they'll get like 50 responses. Commissioner Pardo: Okay. Mr. Noriega: Right. Commissioner Reyes: That -- that'd be great. Commissioner Pardo: That 'd be great. Commissioner Reyes: That'd be -- Commissioner Pardo: Thank you. Commissioner Reyes: -- that 'd be very inexpensive. Chair King: So, are we going -- Commissioner Reyes: That 'd be very inexpensive. Commissioner Pardo: Shouldn't be very expensive. DI.7 DISCUSSION ITEM 15409 Commissioners and Mayor A DISCUSSION ITEM REGARDING THE SELECTION COMMITTEE FOR THE SEARCH OF A NEW CITY ATTORNEY. rRESULT: DISCUSSED Note for the Record: For minutes referencing Item D7.7, please see "Public Comments for All Item(s)" and Item DLI. Chair King: For clarity, DI.7, we don't need to discuss that because we've already taken care of that. Commissioner Reyes: Well, yes. Chair King: I'm confirming with my colleagues that you agree. We've already taken care -- Commissioner Pardo: Correct. Chair King: Okay. Commissioner Reyes. Yes. City of Miami Page 89 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 DI.8 DISCUSSION ITEM 15411 Commissioners and Mayor A DISCUSSION ITEM REGARDING THE ONGOING LITIGATION WITH THE ACLU AND THE CITY OF MIAMI MAP. LRESULT: DISCUSSED Note for the Record: For minutes referencing Item DI.8, please see "Public Comments for All Item(s),"Item RE.4, and Item DLJ. DI.9 DISCUSSION ITEM 15425 Commissioners and Mayor A DISCUSSION ITEM ON MORATORIUM ON SECTION 2-779 OF THE CITY CODE. RESULT: DISCUSSED Note for the Record: For minutes referencing Item DL9, please see Item FR.1. END OF DISCUSSION ITEMS City of Miami Page 90 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 PZ.1 13953 Department of Planning PART B: PZ - PLANNING AND ZONING ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN AMENDMENT OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5445 BISCAYNE BOULEVARD AND 5501 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0046 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For additional minutes referencing Item PZ.1, please see "Public Comments for All item(s). " Chair King: We have only seven PZ (Planning and Zoning) items, and I'd like the City Attorney to read into the record those items, the titles that need to be read, and then we can take out/pull out for discussion, if we need to, any of the PZ items. Madam City Attorney, would you please read the titles into the record for PZ.4, 5, 6, and 7. Victoria Mendez (City Attorney): Right now those are the only ones then, Madam Chair? Chair King: PZ.1, 2, and 3 do not need to be read into the record, the titles do not need to be read into the record. Ms. Mendez: PZ.4. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.5. PZ.4 is going to need an amendment. We'll describe it in a moment. PZ.5. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.6. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.7. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 91 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Chair King: Thank you, Madam City Attorney. And now I will ask my colleagues, starting with Vice Chair, do you have any PZ items that -- that are before us, 1 through 7, that you would like to take out fbr discussion? Vice Chair Carollo: (INAUDIBLE). Chair King: You're okay? Vice Chair Carollo: (INAUDIBLE). Chair King: Okay. Vice Chair Carollo: (INAUDIBLE) one of those days that I would like to limit all of us to five minutes so we could get out of here quicker, but this is what we're here to do, so of course we got to be here. Chair King: Exactly. Commissioner Reyes? Commissioner Reyes: No, I don't have any problem. Chair King: No items. Commissioner Gabela? Commissioner Pardo? Commissioner Pardo: I have a Jennings disclosure on PZ. 1 and I think they have a special appearance. Chair King: Okay. Commissioner Gabela: Are we doing PZ. 1 or are we doing 4 through 7? Chair King: We're doing -- we're doing all of them, 1 through 4 -- Commissioner Reyes: All -- Commissioner Gabela: We're doing all of them. Chair King: So, may l have a motion to pass PZ.1, 2, 3, 4, 5, 6, and 7? Commissioner Gabela: Motion. Chair King: I have a motion. Commissioner Pardo: Quick question, even though there's a special appearance, we still vote on it? Chair King: I mean, if we're going to pass it, we don't need a special appearance. Commissioner Pardo: Yeah, I'm fine. Chair King: Okay, so I have a motion. Do I have a second? Commissioner Pardo: Second. Chair King: All in favor of -- Todd B. Hannon (City Clerk): Chair? Commissioner Pardo: Aye. City of Miami Page 92 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Vice Chair Carollo: Aye. Chair King: Hold on. PZ -- Mr. Hannon: PZ.3 -- Chair King: -- 3 -- Mr. Hannon: needs to be amended. Chair King: -- as amended, Exhibit A. Mr. Hannon: PZ.4 -- Chair King: PZ.4 and 5 -- Mr. Hannon: -- needs to be amended pursuant to the Planning Director. Chair King: -- as amended, 4 and 5. Mr. Hannon: And then PZ.4, 5, 6, and 7, only the supporting documents need to be substituted, but that will not amend the legislation. Chair King: Okay. Commissioner Pardo: Madam Chair, I just had a question. Since there's a special appearance for PZ.1, can they go ahead and -- Commissioner Reyes: No. No need. Chair King: There's no need -- Commissioner Pardo: -- or -- because it already -- I would like to read into the record, just so that it exists in the record because Mr. Elvis Cruz gave a presentation earlier that was pertaining to that item. First of all, I very much appreciate Mr. Elvis Cruz, and he was integral in us coming up with the final covenant. So, a lot of good things came into this, but we met with the actual neighbors impacted, we met with the activists in the community, and we had representation from the HOA (Homeowner's Association) and they all agreed to this covenant. So, you know, this is highly -- Chair King: So, having said that, which goes on the record, I don't necessarily think we need, unless you just want to, because we're ready to vote on it. Ms. Mende: Madam Chair, the problem with covenants, I'm sorry, we have to hold developer 's feet to the fire. So, if we can -- whatever changes -- Arthur Noriega (City Manager): Yeah, there's' a change -- modification to the covenant. Chair King: There's a -- okay. Commissioner Pardo: There's an update that should've been -- Mr. Noriega: Yes. Chair King: Okay, so if you could read that update into the record so we can vote on -- making sure we vote on what is before us. City of Miami Page 93 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Ben Fernandez: Thank you. Thank you, Madam Chair, members of the board. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the applicant for PZ.1. We made some minor changes to the covenant in order to add additional restrictions for the neighborhood. We've provided those to the Law Department as well as to your City Clerk, and what they are is essentially in Paragraph 2A, we have added the abutting property into the definition. There are two properties that are the subject of the covenant, so that it's clear that the restrictions apply throughout the entire project. We also limited the hours that any sound can emanate from the property, from 10:00 p.m. -- up to 10:00 p.m., and no earlier than 8:00 a.m., and we've added a provision concerning a landscape buffer in Item 2J, that requires a continuous landscape buffer of Spanish stoppers, or similar native plant species, a minimum of 14 feet high at the time of planting, subject to City of Miami approval. That's basically the gist of the additional conditions, and you had the other conditions already in the record. Chair King: Thank you. Mr. Fernandez: Thank you. Chair King: So, I have a motion -- Mr. Hannon: Chair? Yes, my apologies, you do have a motion and a second, moved by Commissioner Gabela, seconded by Commissioner Pardo, but also, for the record, PZ.1 needs to be amended due to the new covenant being submitted into the record. Chair King: Yes, so -- Vice Chair Carollo: (INAUDIBLE) for the record, PZ.8, 9, 10, and 11 were -- Chair King: Deferred. Vice Chair Carollo: -- deferred -- Chair King: Yes. Vice Chair Carollo: -- correct? Chair King: Um-hmm. Vice Chair Carollo: Okay. Chair King: So, I have a motion and a second for the items as amended and/or substituted, all in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. That concludes our PZ items. Ms. Mendez: Madam Chair? Mr. Fernandez: Thank you. Ms. Mendez: We -- we have to go back to PH.1 -- Chair King: I -- I know -- City of Miami Page 94 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 PZ.2 15264 Department of Planning Ms. Mendez: -- and I have to read a script before -- Chair King: Okay, so -- Ms. Mendez: -- just in case it goes fast. Chair King: -- I'm just letting everybody know we 've wrapped up our PZ items. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS AN EXCEPTION AND THREE (3) SUBORDINATE WAIVERS PURSUANT TO ARTICLE 4, TABLE 4; ARTICLE 5, SECTION 5.6.2(H); AND ARTICLE 7, SECTION 7.1.2.5(A)(29) OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY AN EXCEPTION TO PERMIT A REDUCTION IN THE REQUIRED PARKING WITHIN A TRANSIT ORIENTED DEVELOPMENT AREA FOR UP TO FIFTY PERCENT (50%); A WAIVER TO ALLOW A TEN PERCENT (10%) REDUCTION OF THE MINIMUM REQUIRED 500 FEET FROM AN UNGATED "T3," SUB- URBAN TRANSECT ZONE, FOR A PARKING REDUCTION; A WAIVER TO ALLOW A TEN PERCENT (10%) INCREASE OF THE MAXIMUM LOT COVERAGE; AND A WAIVER TO ALLOW STAIRS, ELEVATORS, OR MECHANICAL EQUIPMENT ON THE ROOF TO EXTEND ABOVE TEN (10) FEET FOR THE REAL PROPERTY DESIGNATED "T6-8-O," URBAN CENTER TRANSECT ZONE —OPEN, GENERALLY LOCATED AT 1511 SOUTHWEST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0047 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.2, please see Item PZ.1. City of Miami Page 95 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 PZ.3 15266 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS AN EXCEPTION PURSUANT TO ARTICLE 7, SECTION 7.1.2.6 AND ARTICLE 4, DIAGRAM 11 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CHAPTER 23, TITLED "HISTORIC PRESERVATION," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW FOR THE TRANSFER OF DEVELOPMENT DENSITY OF ONE (1) DWELLING UNIT TO AN EXISTING MULTIFAMILY BUILDING LOCATED WITHIN A TRANSIT ORIENTED DEVELOPMENT ("TOD") AREA AT THE REAL PROPERTY DESIGNATED "T4-L," GENERAL URBAN TRANSECT ZONE - LIMITED, GENERALLY LOCATED AT 3265 BIRD AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0048 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.3, please see Item PZ.1. PZ.4 ORDINANCE Second Reading 14983 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 §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO " RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 1852 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14252 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.4, please see Item PZ.1. City of Miami Page 96 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 PZ.5 ORDINANCE Second Reading 14982 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 "CI," CIVIC INSTITUTION TRANSECT ZONE, TO "T6-36B-O," URBAN CORE TRANSECT ZONE - OPEN, OF THE PROPERTY GENERALLY LOCATED AT 1852 NORTHEAST 2 AVENUE , MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14253 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.5, please see Item PZ.1. PZ.6 ORDINANCE Second Reading 14985 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 §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF THE REAL PROPERTY LOCATED AT 118 SOUTHWEST SOUTH RIVER DRIVE AND 437 AND 445 SOUTHWEST 2 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14254 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.6, please see Item PZ.1. City of Miami Page 97 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 PZ.7 ORDINANCE Second Reading 14986 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R," GENERAL URBAN TRANSECT ZONE — RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT ZONE — OPEN, FOR THE PROPERTY APPROXIMATELY LOCATED AT 118 SOUTHWEST SOUTH RIVER DRIVE AND 437 AND 445 SOUTHWEST 2 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. ENACTMENT NUMBER: 14255 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.7, please see Item PZ.1. PZ.8 ORDINANCE Second Reading 14891 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 §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "PUBLIC PARKS AND RECREATION" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 20 SOUTHEAST 10 STREET AND 25 SOUTHEAST 10 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item PZ.8 was deferred to the February 8, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item PZ.8, please see "Order of the Day." City of Miami Page 98 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 PZ.9 ORDINANCE Second Reading 14892 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 "CS," CIVIC SPACE TRANSECT ZONE, TO "T6-48-B-O," URBAN CORE TRANSECT ZONE -OPEN, OF THE PROPERTY GENERALLY LOCATED AT 20 SOUTHEAST 10 STREET AND 25 SOUTHEAST 10 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item PZ.9 was deferred to the February 8, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item PZ.9, please see "Order of the Day." PZ.10 ORDINANCE First Reading 14683 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 §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 7816 NORTHWEST 2 COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item PZ.10 was continued to the February 22, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item PZ.10, please see "Order of the Day." City of Miami Page 99 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 PZ.11 ORDINANCE First Reading 15310 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O," SUB -URBAN TRANSECT ZONE — OPEN, TO "T4-O," GENERAL URBAN TRANSECT ZONE — OPEN, FOR THE PROPERTY GENERALLY LOCATED AT 7816 NORTHWEST 2 COURT AND BY CHANGING THE ZONING CLASSIFICATION FROM "T6-8-O," URBAN CORE TRANSECT ZONE — OPEN, TO "T6-8-L," URBAN CORE TRANSECT ZONE — LIMITED, FOR THE PROPERTIES GENERALLY LOCATED AT 260 NORTHWEST 79 STREET, 290 NORTHWEST 79 STREET, 294 NORTHWEST 79 STREET, 7835 NORTHWEST 3 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item PZ.11 was continued to the February 22, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item PZ.11, please see "Order of the Day." END OF PLANNING AND ZONING ITEM(S) City of Miami Page 100 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 NA.1 15490 Office of the City Clerk NA - NON -AGENDA ITEM(S) DISCUSSION ITEM UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE FEBRUARY 8, 2024 MIAMI CITY COMMISSION MEETING. THE PERSON CHAIRING THE CITY COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTERS OF GRACE, INC.; ENGAGE MIAMI, INC; SOUTH DADE BRANCH OF THE NAACP; MIAMI-DADE BRANCH OF THE NAACP; CLARICE COOPER; JARED JOHNSON; YANELIS VALDES; AND ALEXANDRA CONTRERAS VS. CITY OF MIAMI, CASE NO. 1:22-CV-24066-KMM, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CITY OF MIAMI V. GRACE, INC.; ENGAGE MIAMI, INC; SOUTH DADE BRANCH OF THE NAACP; MIAMI-DADE BRANCH OF THE NAACP; CLARICE COOPER; JARED JOHNSON; YANELIS VALDES; AND ALEXANDRA CONTRERAS, CASE NO. 23-12472, PENDING IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, AND AMERICAN CIVIL LIBERTIES, UNION OF FLORIDA, INC. VS. CITY OF MIAMI, CASE NO. 2023-023038-CA-01, CURRENTLY PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIR CHRISTINE KING, VICE- CHAIRMAN JOE CAROLLO, COMMISSIONERS MIGUEL ANGEL GABELA, MANOLO REYES, AND DAMIAN PARDO; THE CITY MANAGER, ARTHUR NORIEGA, V; THE CITY ATTORNEY, VICTORIA MENDEZ; CHIEF DEPUTY CITY ATTORNEY JOHN A. GRECO; DEPUTY CITY ATTORNEYS GEORGE K. WYSONG AND KEVIN R. JONES; OUTSIDE COUNSEL CHRISTOPHER N. JOHNSON AND GEORGE T. LEVESQUE. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR CITY COMMISSION MEETING WILL BE REOPENED AND THE PERSON PRESIDING OVER THE CITY COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. LRESULT: DISCUSSED Arthur Noriega (City Manager): Madam -- Madam Chair, before we get to that item, can we do a really quick budget update, because Maggie's already up here, and that's the next item on the agenda. City of Miami Page 101 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 Vice Chair Carollo: Yeah, but -- it's just a quick approval. Mr. Noriega: I don 't care what order -- Vice Chair Carollo: 30 seconds. Mr. Noriega: -- just before we break, maybe, for lunch. Vice Chair Carollo: There's a motion. Chair King: Before we break, that's fine. Be --1 was only saying that we were going to break for lunch and start the CRA (Community Redevelopment Agency) meeting, I wasn't saying the meeting was over. Victoria Mendez (City Attorney): I -- I just have to -- since when you get quick, I can't catch you, so that's why I have to like jump in -- Chair King: Okay -- Ms. Mendez: -- whenever. Chair King: -- so go ahead and read the -- read the statement. Ms. Mendez: Thank you, Madam Chair. Madam Chair and members of the City Commission, pursuant to provisions of Section 286.011(8), Florida Statutes, I'm requesting at the City Commission meeting of February 8th, an attorney -client session, closed to the public, be held for purposes of discussing pending litigation in the matter of GRACE Inc.; Engage Miami, Inc.; South Dade Branch of the NAACP (National Association for the Advancement of Colored People); Miami -Dade Branch of the NAACP; Clarice Cooper; Jared Johnson; Yanelis Valdes; and Alexandra Contreras Versus City of Miami, Case Number 1:22-CV 24066-KMM, pending in the United States District Court for the Southern District of Florida, City of Miami V. GRACE, Inc.; Engage Miami, Inc.; South -Dade Branch of the NAACP; Miami - Dade Branch of the NAACP; Clarice Cooper; Jared Johnson; Yanelis Valdes; and Alexandra Contreras, Case Number 23-12472, pending in the United States Court of Appeals of the Eleventh Circuit, and American Civil Liberties Union of Florida, Inc. Versus City of Miami, Case Number 2023-023038-CA-01, currently pending in the Circuit Court of. the Eleventh Circuit, in for Miami -Dade County, Florida, to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations or strategy discussions. This private meeting will begin at approximately 10:00 a.m., or soon thereafter as the Commissioners' schedules permit, and conclude approximately one hour later. The session will be attended by members of the City Commission, which shall include Chairwoman Christine King, Vice Chairman Joe Carollo, Commissioners Miguel Angel Gabela, Manolo Reyes, and Damian Pardo; the City Manager, Arthur Noriega; myself the City Attorney, Victoria Mendez; Chief Deputy City Attorney John Greco; Deputy City Attorneys George Wysong and Kevin Jones; outside counsel Christopher Johnson and George Levesque. A certified court reporter will be present to ensure that this session is fully transcribed and the transcript will be made public upon the conclusion of the litigation. Thank you. Chair King: Thank you. Vice Chair Carollo: What date is that for again? Commissioner Reyes: (INAUDIBLE). City of Miami Page 102 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 NA.2 15489 City Commission Chair King: February 8th. Ms. Mendez: February 8. Commissioner Reyes: February 8. Chair King: February 8th. Commissioner Reyes: After the meeting? Chair King: No. Ms. Mendez: Well, whatever time you decide -- Chair King: 10 o'clock and beyond. Ms. Mendez: -- during the meeting. Right. Chair King: From 10 and beyond. Vice Chair Carollo: Move. Commissioner Reyes: Second. Chair King: All in favor? Todd B. Hannon (City Clerk): No motion -- no motion is necessary -- Chair King: No motion is necessary. Commissioner Pardo: Aye. Chair King: She, just needed to read it into the record. Vice Chair Carollo: Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, DIRECTING THE CITY MANAGER TO CONDUCT IN-HOUSE MARKET RESEARCH AND CONSULT WITH, ACQUIRE INFORMATION FROM, AND OBTAIN THE ASSISTANCE OF THE FLORIDA LEAGUE OF CITIES AND SUCH OTHER ENTITIES, MUNICIPALITIES, AND GOVERNMENT CONSULTANTS, AS MAY BE DEEMED APPLICABLE, CONCERNING THE CHARTER REVIEW PROCESS AND THE BEST PRACTICES AND STRUCTURES FOR THE ESTABLISHMENT OF THE CITY OF MIAMI ("CITY") CHARTER REVIEW COMMITTEE; FURTHER DIRECTING THE CITY MANAGER TO PROVIDE THE CITY COMMISSION WITH A REPORT ON THE SAME BY THE MARCH 14, 2024 COMMISSION MEETING DATE. ENACTMENT NUMBER: R-24-0049 City of Miami Page 103 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Gabela, Pardo, Reyes ABSENT: Carollo Chair King: Are we going to do --? Commissioner Reyes: (UNINTELLIGIBLE). Chair King: So, we are directing the City Manager -- Commissioner Pardo: Yes. Chair King: -- to get information from the Florida League of Cities -- Commissioner Reyes: Yes. Chair King: -- and other municipalities, as practicable, regarding charter review committee process? Commissioner Reyes: Okay, that's a directive. We don't need to vote. Arthur Noriega (City Manager): Yeah, we'll -- and we'll -- and not just the Florida League, we'll do Miami -Dade County -- Commissioner Reyes: Miami -Dade County. Mr. Noriega: -- League of Cities, US League. I mean, we'll -- we'll do some outreach across a number of different platforms and ask for, hey, what has been past practice in your particular city -- Chair King: And you'll provide a report to us. Mr. Noriega: -- and then we'll -- Chair King: How long do you think -- how long do you think it will take for that? Mr. Noriega: Just -- 1 think at the second meeting in Fehr -way I should be able to come back with -- with some ideas. Commissioner Reyes: Mr. Manager? Chair King: Make it the first meeting in March, I don't want to -- you never know. So, first meeting in March, he'll come back to us with a report. Do I have a motion? Commissioner Reyes: Mr. Manager? (UNINTELLIGIBLE) it's a directive. Commissioner Pardo: I have one quick question. I just had one quick question for Procurement, and do you have any experience having put out this kind of RFP (Request for Proposals) or -- Annie Perez: Good afternoon, Annie Perez, Director of Procurement. Not in this particular arena, but Commissioner Pardo, in your briefing the other day, we did -- we have preliminarily started some market research, and one of the things we were looking at was the Florida League of Cities. So, we do have experience putting out City of Miami Page 104 Printed on 03/05/2024 City Commission Meeting Minutes January 25, 2024 ADJOURNMENT RFPs for consultants. Just -- we've never done for the Charter. So, this is a little new, but we are doing extensive market research. Commissioner Pardo: Thank you so much for your help. Commissioner Reyes: Madam Chair, if I may? But we don't need to have an RFP now. I mean, we are -- we are directing the City Manager to consult and get information, or assistance, from the Florida League of Cities, as well from other cities that have gone through charter reviews, and I want to add that their decisions were inrplenrentable. Ms. Perez: Understood, Commissioner, and that's part of the market research that we were doing. Commissioner Reves: You were do in house. Ms. Perez: Yes -- Commissioner Reyes: Okay. Ms. Perez: -- in house market research to -- Commissioner Reyes: Fine. Ms. Perez: -- that'll help the City Manager get there. Commissioner Reyes: In house. Ms. Perez: Yes, yes. Commissioner Reyes: In house. In house. Okay, I agree with that. Chair King: Okay, do I have a motion? Motion? Do I have a motion? Commissioner Reves: I move it. Commissioner Gabela: Motion. Or second. Chair King: 1 have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Thank you, and that -- Commissioner Reyes: You are very welcome. Chair King: -- that shall conclude the City of Miami Commission meetin January 25th, 2024. Thank you all for attending. The meeting adjourned at 3: 30 p.m. 0 City of Miami Page 105 Printed on 03/05/2024