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HomeMy WebLinkAboutCC 2024-05-09 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Agenda Thursday, May 09, 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 George K. Wysong III, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes May 9, 2024 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Gabela, and Commissioner Reyes Absent: Commissioner Pardo On the 9th day of May 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 9:27 a.m., and adjourned at 11:42 a.m. Note for the Record: Commissioner Gabela entered the Commission chambers at 9:35 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager George K. Wysong III, City Attorney Todd B. Hannon, City Clerk Chair King: At this time, we are going to begin our meeting with prayer. Today, Minister Cheryl Coleman from Friendship Missionary Baptist Church will lead us in prayer. Invocation delivered. Chair King: Commissioner Gabela, will you join us, lead us with the Pledge of Allegiance? Pledge of Allegiance delivered. City of Miami Page 1 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 PROTOCOL ITEM 16041 Honoree Presenter Protocol Item National Historic Preservation Month Mayor and Commissioners Proclamation ORDER OF THE DAY RESULT: PRESENTED Chair King: A few minutes away from beginning our meeting. I'm just waiting for my colleagues to join me. We have a presentation that we're going to get going as soon as the mayor comes hack downstairs. Mayor Suarez: Alright, guys. Good morning. Alright, everyone drank their (FOREIGN LANGUAGE) I can see. Today is a very special day. Well, it's always important when you're focusing on the preservation of history in your city. We have a beautifad history. Presentation made. 1) Mayor Suarez and Commissioners presented a Proclamation to celebrate National Historic Preservation Month. Historic preservation is an effective tool for managing growth and sustainable development, revitalizing neighborhoods, fostering local pride, and maintaining community character while enhancing livability. Historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life, and all ethnic backgrounds. The importance of celebrating the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of our heritage is very special to the City of Miami. This year's theme for the month is "People Saving Places" to shine the spotlight on everyone doing the work of saving places. Elected Officials paused in their deliberations to pay tribute and recognize our City while thanking them for elevating the quality of life in the City of Miami by proclaiming May 2024, as `National Historic Heritage Month" in the City of Miami. Chair King: At this time, Mr. City Attorney, would you please read your statement for the record? George Wysong (City Attorney): Yes, 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 ww.municode.com [sic]. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's office or online at ww.municode.com [sic]. Any person making a presentation, City of Miami Page 2 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this City Code section is available at the office of the City Clerk or online at ww.municode.com [sic]. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. In accordance with Section 2-33(f) and (g) of the City Code, the agenda and the materials for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at ww.miamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission unless modified by the Chair. Public comment will begin at approximately 9:30 a.m. and remain open until public comment is closed by the chairperson. Members of the public wishing to address the body may do so by submitting written comments via the online comment form. For detailed info -- via the online comment form, please visit ww.miamigov.coin/meetinginstructions [sic] 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 here live at City Hall located at 3500 Pan American Drive, Miami, Florida, subject to any and all city rules as they may he 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 members 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(4)(c) Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting. Please note, Commissioners have generally been briefed by City staff and the City's 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 ww.miamigov.com [sic]. PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance. Parties for any PZ items, including any applicant, appellant, appellee, City staff, and any person recognized by the decision -making body as a qualified intervener, as well cis the applicant's representatives and any experts testifying on behalf of the applicant, appellant, or appellee may be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning City of Miami Page 3 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Ordinance. The order of presentation shall be as set forth in Miami 21 and in the City Code. Staff will briefly present each item to be heard. The applicant will present his 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 may be viewed live on Miami TV, miamigov.com/tv, the City's Facebook page, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast will also have closed captioning. Pursuant to Advisory Legal Opinion 2020- 03, issued on March 19, 2020, the 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 participate and vote in meetings where a quorum or of the other members was physically present. Thank you. Chair King: Thank you, Mr. City Attorney. Mr. City Clerk, will you please read your statement in for the record? Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for Planning and Zoning items and any quasi-judicial items on today's City Commission agenda will be as follows. 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 notice provisions set forth in these uniform rules and procedures we have established at this meeting? Chair King: Yes. Mr. Hannon: And Chair, may 1 administer the oath for the Planning and Zoning items? Chair King: Please. Mr. Hannon: Good morning, ladies and gentlemen. If you will be speaking on any of today's Planning and Zoning items, that's PZ. 1 and 2, 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. James Torres: Yes, sir. Mr. Hannon: Thank you, Chair. Chair King: Thank you. Mr. City Manager, at this time, do you have any items that are scheduled to be deferred or withdrawn from this agenda? City of Miami Page 4 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Arthur Noriega (City Manager): Good morning, Madam Chair, Commissioners, Mr. City Attorney, and Mr. City Clerk. At this time, the Administration would like to defer and withdraw the following items: CA.2, to be deferred to May 23rd; FR.3, to be deferred to May 23rd; and PZ.1, to be deferred to May 23rd. That concludes the items. Commissioner Reyes: FR.3? Mr. Noriega: Yes, sir. FR.3 and PZ. 1 were the last two. Commissioner Gabela: Which was the first one that you mentioned? Mr. Noriega: CA.2. Commissioner Gabela: CA.2. Commissioner Reyes: PZ.1. Which one is PZ. 1? Chair King: Mr. Vice Chair, do you have any items that you would like to withdraw or defer? Commissioner Reyes: No, I want to ask -- the Commissioner Pardo, he asked everything that is related to his district, that -- I know did you receive a request from him? Mr. Noriega: Yeah, he made a request, which is why PZ.1 -- Commissioner Reyes: Okay. Mr. Noriega: -- was placed on the deferral list, as well as, I know you had referenced it as well. Commissioner Reyes: Okay, okay, I just wanted to make sure. In deference to a commissioner, not for anything else. Mr. Noriega: Yeah, I don't believe there's any other items that I'm aware of that -- Commissioner Reyes: Okay, no I don't think so, just in case. Mr. Noriega: -- have an impact on us. Chair King: Commissioner Gabela, do you have any items? Commissioner Gabela: No, I don't. Vice Chair Carollo: (INAUDIBLE), Madam Chair. I'm surprised that outdoor gym equipment is more important to be here than two of the most important items that would affect all districts in the city in one form or another. RE.12 and FR.4. I'd like both of them to be deferred to the 23rd. And -- excuse me, RE.12 and FR.4. In RE.12, Mr. Manager and Mr. City Attorney, I was extremely surprised when I received a call from our local tabloid and -- Mr. Noriega: Commissioner, can you --? Yeah, I can't hear. City of Miami Page 5 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Vice Chair Carollo: 1 said 1 was extremely surprised when 1 received a call from the reporter that covers City Hall for our local tabloid. And they had information that 1 didn't. They knew to the smallest detail percentage of voters in each district by race, by ethnicity, by political parties. I want -- if I'm going to be asked to vote on something, I want to be able to know what the breakdown is so that everyone knows it. And at the same time, I would like to compare it to the other two maps that we had. And why do I want that? Because on March 22nd of 2022, we voted upon the original map. Then, when the judge and the federal court said that that wasn't sufficient, we voted again, I believe it was sometime in June 2023, for a new additional map. And now we're looking at this one. So I want to be able to look from March 22nd then June 23 to now, how the maps in all the different percentages have changed, so we can see what we're really voting upon and what we have. Commissioner Reyes: Madam Chair, through the Chair, I didn't know that -- Chair King: Hold on. Hold on one second. Can I have a motion to approve the items that the Manager requested to defer? Commissioner Reyes: Oh, move it. Move it. Chair King: I have a motion and a second. Commissioner Gabela: Sorry, I'm sorry. Chair King: Just the ones that the Manager -- Vice Chair Carollo: Second. Commissioner Gabela: Yeah. Chair King: So, I have a motion and a second. All in favor? The Commission (Collectively): Aye. [Later...] Chair King: At this time, we are going to open the floor for public comments. Anyone who wishes to speak on any items that are on this agenda, please come forward. Vice Chair Carollo: Chair, I will be bringing a resolution after we move the agenda forward, I'm finishing touch-ups to it as a pocket item. Chair King: It's not ready as yet. Vice Chair Carollo: I'm going over to make sure that it's -- Chair King: Okay. City of Miami Page 6 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 PUBLIC COMMENT FOR ALL ITEM(S) 16065 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE MAY 9, 2024 CITY COMMISSION MEETING. rRESULT: PRESENTED Chair King: Public comment? Anyone, for public comment? Good morning. Brenda Betancourt: Good morning. Brenda Betancourt, 1436 Southwest 6th Street. Just in reference of SR.4 for the vendors in different areas, I still hear complaints about the little vendors in Little Havana. Chair King: That one has been deferred. Ms. Betancourt: SR.4? Chair King: SR.4 is deferred? Commissioner Gabela: No, FR (First Reading) -- FR.4. Chair King: It's -- oh, not SR.4. Vice Chair Carollo: FR.4 is deferred, yes. Commissioner Gabela: Deferred, yeah. Chair King: Okay, I had the wrong one. Commissioner Gabela: Deferred. Ms. Betancourt: I'm sorry. Chair King: 5/23, I'm sorry. I had -- I struck out SR.4. Go ahead. Ms. Betancourt: Just trying to see if it's possible for you commissioners to think about those small vendors. There are over 45 families that are still pending to actually get the approval to keep selling their products, you know, the, fruits, the hot dogs in certain areas, especially in Little Havana. 1 know that Commissioner Corolla received a complaint from one specific store owner, but I please plead to you to think about those small vendors that depend on those sales industry. They have the health department inspections permits. They have the City of Miami inspection and have the permits. They paid, they do, they pay the fees, the licenses. And I think it's only fair if we keep those vendors, they've been there for 20 years in our streets, with the real permits, they get inspected. I still receive phone calls, I still receive those comments every time I see them. I miss those mangoes that 1 used to buy in 12th and 6 myself And I believe that we have to give those who has a license, who actually go through the process, and they are legal to keep selling their products because there are 45 families that depend on it. I just see if you guys can think about something that we can City of Miami Page 7 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 actually support those people that actually were legal doing it in the city of Miami, if one complaint of one person, all these 45 families now doesn 't have a place for them to go. Please think about it and I just hope that you guys can do the right thing for those families. Thank you. Chair King: Thank you. Good morning. Stanley Young: Good morning, Commissioners. I thank you guys for serving, for what you're doing for the community. My name is Chaplain Stanley Young. 1 live at 500 Northwest 2nd Avenue in the Overtown area. I'm here to endorse two programs that you guys are farnding that you're doing an excellent job. I'm not here to curse the darkness. I'm here to shine a light. I have seen the Liberty City Trust up close. I have seen the teachers, met the teachers, seen the students doing an excellent job over there, that program. I wouldn't be saying it, not unless I actually seen it for myself I met a lot of the board members and they're doing an excellent job and they need your support to continue doing the good work in the community that they are doing. And also, this past Tuesday, I had the esteemed pleasure to go out with your HEAT (Homeless Empowerment Assistance Team) team that goes out and engage the homeless and engage those that are living on the streets. I met one of the officers and did a ride around in different areas of your city where there are homeless living on the street, and I was so impressed how the Solid Waste, the HEAT team, and your Human Service Department all collaborated together to actually to help those people who are living on the street. You know, that is my passion, to help those ones who are living on the street who don't have a voice of their own to come down here to talk about it. But they did an excellent job. Your HEAT team is doing an excellent job. I was so impressed. They got at least 30 to 40 people inside the shelters for, you know, a day or seven days. And I just wanted to come and tell you that. Thank you very much. Chair King: Thank you. [Later...] Chair King: It's public comment. Good morning. Elaine Black: Good morning, Commissioners. Thank you so very much for being here today. My name is Elaine Black, Liberty City Trust, 4800 Northwest 12th Avenue, Miami, Florida. I'm here to support RE.11. That is the funding of the Youth Employment Program through District 5, as well as the Mayor. It provides jobs for youth in the summertime. You have the full support of our board as well as our residents of our community. So thank you for that support. Chair King: Thank you. And how many youth will be employed through this program? Ms. Black: We will have employed 120 youth this summer. Chair King: Fantastic. Good morning. Beniah Woods: Hello. Hello, everyone. My name's Beniah. I've never been to a City meeting, but he told me this is where you come if you want to have an issue and you want to address it. I'm in District 5, I live in Liberty City. I don't know if anybody else is in here is from Liberty City or lives City of Miami Page 8 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 there. And as you know, if you live there, there's a lot of things that's different from Liberty City that's not in other parts. And 1 just want to support this trust. And if it could be more it would be better because, I mean, if it's cut off at $250, 000, that's like -- Chair King: Actually, $400, 000. Mr. Woods: Oh, that's -- oh, I was just reading what's on the paper. Chair King: It's 200, it's a 50 here, 150 there. It's a total of $400, 000. Mr. Woods: Oh, that's great, so will we be aware of who's delegating the fiords? Chair King: The young lady that just spoke, the Liberty City Trust, Ms. Elaine Black is the Executive Director of that program. Mr. Woods: Okay. Chair King: And the folks with her are staff and board members of the program. Mr. Woods: Oh, that's awesome. I appreciate that. And also, I would just like to agree with Manolo Reyes. He spoke on diversity is very, important. In my heart, I don't want to offend anybody, but I kind of feel that they're pushing Black people out of the representation of Miami. And -- because I see it on the beach. I see it in the way they do spring breakfor us. Because no problem with Ultra, they don't bring all the cops out doing Ultra Fest. But for some reason the first college spring break is -- Chair King: It's a different city. Miami Beach is a different city from the City of Miami. City of Miami holds Ultra; Miami Beach manages spring break. Mr. Woods: That's very true, it's just the crowds are coining in regardless during those times. And it seems like South Beach is not just for spring break. South Beach -- spring break is for everything in Miami, not just South Beach. So, l just -- it just seems as though there's this effort -- Chair King: No, 1 was pointing that out to you so that you could go over to the City of Miami Beach and speak at their commission meeting and let them know how you feel about the spring break issue. Mr. Woods: Oh, okay. I appreciate that. But thank you for promoting diversity. We wouldn't be Miami without the black people that's here. So I would like us to be active and present. And even looking at the board, I'm like, where we at? Where we at? Where we at? I got you, I appreciate you. I voted, I saw King, that's how I even knew you was -- but you didn't need the vote. Chair King: Well, thank you for coming. Thank you for your service. Thank you for your voice because it's folks like you that come out and share your opinion and your concerns and we listen to it. So thank you. Don't let this be your last time. Don't let this be your last time and make sure you vote. And if you want to participate further, we have a bunch of boards, the city boards, that you can join a board. Let me know if you're City of Miami Page 9 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 interested in joining any of the city boards and I'll appoint you to a board so you can continue to speak out. Absolutely. Mr. Woods: Okay. Chair King: Because we need young folks like you -- Mr. Woods: Okay. Chair King: -- to come, share, and help make a difference. Mr. Woods: Thank you. I appreciate that. One more thing, I'm sorry, I'll get out of here, it is concerning the maintenance of Liberty City. I just wonder, is there a specific reason they cut off the lights on our parks at night? That we -- like -- Chair King: All parks. The lights go off at all parks. Mr. Woods: I can't say that. I done played basketball on parks that they had their lights on; ours are off. Chair King: Have a seat and I'll have the Parks Director come out and talk to you. Mr. Woods: Thank you. Appreciate it. Chair King: Okay. Vice Chair Carollo: Yeah, he's got a good point, Chair, if I go through you. Mr. Manager. Chair King: And by the way, you guys,l let him speak for as long as 1 let him speak because it was his first time. That's all. James Torres: It's my first time, too. Vice Chair Carollo: Chair? Chair King: No, you come all the time. Yes, uh-huh. Vice Chair Carollo: Mr. Manager, the -- Chair King: Mr. Manager, can you have Director Evans come out and speak to that young man about the issue with the lights going off on the basketball courts? Vice Chair Carollo: Yeah, he had a good question. IfI may recommend, Mr. Manager, that we look into putting as many new lights in our parks that are solar. This way there's no cost to us. They stay on at night for security also. We don't spend money on electricity. That's what we have placed in Maurice Ferre Park and we're putting more. And it's been a great success in having solar lights there. Arthur Noriega (City Manager): Absolutely, Commissioner. We'll take it into consideration. Vice Chair Carollo: Thank you. City of Miami Page 10 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Chair King: Did you call Director Evans? Mr. Noriega: (INAUDIBLE). Chair King: Okay, great. Mr. Noriega: (INAUDIBLE). Chair King: Okay. Good morning. How are you today? Cary Johnson: Good morning. Just fine. Good morning, City Commissioners and staff My name is Cary Johnson, 29 Northwest 52nd Street. I'm here for RE.11, which is basically the funding that you give out for the Liberty City Trust. You do a great job in that in the summertime, it keeps the youth from out robbing and stealing and doing things and they appreciate the money that they get for that summer so they can buy like books and things like that going back to school and they're staying out of trouble. And I just wanted to thank the Commission for approving that. Thank you. Chair King: Thank you. Thank you for corning. Is there anyone else that would like to speak? Good morning. Christi Tasker: Good morning, Commissioners. My name is Christi Tasker. I live at 150 Southeast 25th Road, and I also serve on the Code Enforcement Board, which all of you appointed me to, which I'm grateful because I've had the opportunity to meet with and see a lot of the situations that are happening within the City as a whole, including a lot of what happens on our Code Enforcement Boards, that we have codes that really need to be changed when it comes to our Airbnb. We have a lot of Airbnbs that are hurting our city as a whole. We have a lot of residents that are being fined for doing work with inside their own house, such as replacing tiles and basic things that how would they ever know? We have a lot of residents that are also buying properties and then Code Enforcement is going in there after and they're having great fines which are causing, you know, a lot of issues as a whole. Last night we had a doctor that came before us that he and his wife both served the community as health care professionals. They actually go into the homes. Their home had been pretty much, you know, there was all kind of photos of inside their home that was made available to the public. So, some of these issues could be stopped with, you know, some limitations on when these properties are transferred, that we have some amount of limitations in our code that, you know, they 're either required to know prior. And I get -- understand that some of this is state legislature, but we should also be able to make some changes within the Code Enforcement Board itself or you guys as legislators so that we're not having to rule on basic things that harm people. But yet what I'm not seeing is developers'. I don't see a lot of developers. And even when they do have developers, I'm also seeing lobbyists appear with those developers to reduce their fines. There are developers that are actively hurting our community. They're actively on private property of other buildings. But yet nothing's being done with those particular people. So I just want to bring that to your attention. I will be requesting meetings with all of your -- Commissioner Reyes: Madam Chair? City of Miami Page 11 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Ms. Tasker: -- chief of staff. Chair King: Thank you. Commissioner Reyes. Commissioner Reyes: Madam Chair, I agree with everything you said. And I'm requesting that the City Attorney to start drafting some legislation and how to deal with Airbnbs because they are a nuisance. And besides that, many people don 't understand they represent -- I mean, they are one of the culprits that they our property values and home -- our house values -- Ms. Tasker: That is correct. Commissioner Reyes: -- they have gone up, because if you buy a house and you use it as an Rbnb [sic], you know what happens? You have a little motel there, you get a lot of money, it's much better than -- to use it in that fashion than to have it in a market for rent or for sale. Ms. Tasker: Correct. Commissioner Reyes: I mean, I agree with you 100 percent. And another thing that I want to add, and I brought this up last Tuesday, is when I was a member of the Code Enforcement Board, I brought about legislation that any sales that takes place of any home or whatever property, that before the closing, that an inspection should be made, because many people, in good will, they buy a house, and the house LOW of things that have been done, the violations that they have, and the person, they don't know it. And after they sign the papers, they have bought themselves a problem. Ms. Tasker: Yes, they have, yeah. Commissioner Reyes: They have bought themselves a problem. And I would like to see, I mean, try to work on some legislation in that aspect. I know that some people won't like it, particularly the realtors, but it is to protect_future buyers and the residents of the city, you see. Ms. Tasker: Yes. Commissioner Reyes: I would like to see (UNINTELLIGIBLE) -- Ms. Tasker: Yeah, and just so -- Commissioner Reyes: 1 agree with you some of the codes have to be changed. Ms. Tasker: -- just so the board understands, the majority of the condominiums downtown and in Brickell, the majority of the managers state that their problems internally even come, from Airbnb properties. Commissioner Reyes: Airbnbs, that's right. Ms. Tasker: They're costing us fire, they're costing us police, they're actually making drugs within the Airbnbs themselves. But what's really interesting is I'm very rarely seeing any of that come before the Code Enforcement or the Nuisance Board. But yet -- and then I'm not seeing very much on the developer side, but the only time that it's really brought forth is when a resident consistently calls, and it is a job to consistently call and have to come back in your neighborhood. There's one woman. City of Miami Page 12 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 The neighborhood is like a five million dollar and up neighborhood where Chair King: We'll meet with you. Ms. Tasker: Okay. Chair King: As you stated, you'd like to meet with us. Ms. Tasker: Okay. Chair King: And the Airbnb is regulated by the State of Florida because -- Ms. Tasker: Correct. Chair King: -- I would like to change some of the regulations for Airbnb, particularly for short-term rentals, to be only, homestead properties. But we don't have the jurisdiction because it's regulated -- Ms. Tasker: Correct. Chair King: -- through the state. But we need to move on with our agenda. So we'll speak to you -- Ms. Tasker: Chairwoman, if 1 could just make one request, that you guys have the City Attorney get with the Code Enforcement Board to potentially help draft some legislation that we could all sign off on. Chair King: Well, they actually do. A city attorney does staff the Code Enforcement Board so -- Ms. Tasker: Correct. Chair King: -- the board itself could make that recommendation for the city attorney to start drafting legislation. Ms. Tasker: Okay, that's the reason -- okay, so we made that recommendation to her last night so 1 just wanted you guys to know. Chair King: Perfect. Ms. Tasker: Thank you. Chair King: Thank you. Seeing no one else fbr public comment, the public comment period is now closed. City of Miami Page 13 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - City Commission Meeting - Mar 14, 2024 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo Commissioner Reyes: 1 move everything. Chair King: 1 vvish. Okay, but I think we can go pretty quickly through our agenda today. May 1 have a motion to approve the City of Miami Commission meetings for March 14th, 2024? Commissioner Reyes: Move it. Vice Chair Carollo: 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 14 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 CA.1 15830 Department of Police CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "CRIMES AGAINST CHILDREN INITIATIVE"; ACCEPTING AND APPROPRIATING A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT ("FDLE"), IN THE AMOUNT OF $61,029.00, WITH NO MATCHING FUNDS REQUIRED, TO REIMBURSE THE CITY OF MIAMI FOR OVERTIME AND FRINGE BENEFITS FOR SWORN PERSONNEL WORKING THE CRIMES AGAINST CHILDREN INITIATIVE; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AWARD AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FDLE; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE OR ANY OTHER DESIGNEE TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF THE FUNDS AND COMPLIANCE WITH REQUIREMENTS OF THE AWARD AGREEMENT. ENACTMENT NUMBER: R-24-0168 This matter was ADOPTED on the Consent Agenda. City of Miami Page 15 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 CA.2 15829 Department of Police RESOLUTION - Item Pulled from Conseil' A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO APPROVE THE AUDIT OF FIVE (5) CIVILIAN POSITIONS IN THE CITY OF MIAMI'S POLICE DEPARTMENT, WITH A FISCAL IMPACT ESTIMATED IN THE RANGE OF $80,000.00 TO $90,000.00 FOR THE YEAR; AUTHORIZING THE CITY MANAGER TO MAKE ANY NECESSARY CHANGES TO ADJUST, AMEND, AND APPROPRIATE THE FISCAL YEAR 2023-2024 OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN REGARDING CITY SERVICES AND RESOURCES AS NECESSARY, LEGALLY ALLOWED, AND APPLICABLE IN ORDER TO AUDIT AND CREATE SAID POSITIONS FOR THE DEPARTMENT; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo Note for the Record: Item CA.2 was deferred to the May 23, 2024, City Commission Meeting. CA.3 RESOLUTION 15804 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING ONE (1) RIGHT-OF-WAY DEED OF DEDICATION AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("DEED"), FOR RIGHT-OF-WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A COPY OF THE DEED. ENACTMENT NUMBER: R-24-0169 This matter was ADOPTED on the Consent Agenda. City of Miami Page 16 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 CA.4 RESOLUTION 15835 Department of Risk Management CA.5 15957 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF GUSTAVO ROJAS, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $186,490.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $186,390.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-24-0170 This matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY YANKO GUTIERREZ, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $46,000.00 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 YANKO GUTIERREZ VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 2023-3125-CA 01, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000. ENACTMENT NUMBER: R-24-0171 This matter was ADOPTED on the Consent Agenda. END OF CONSENT AGENDA Chair• King: With respect to the consent agenda, are there any items that my colleagues would like to pull for discussion? No? Vice Chair Carollo: Move. Commissioner Reyes: Second. City of Miami Page 17 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Chair King: So, may 1 have a motion for -- Vice Chair Carollo: Move. Chair King: -- CA.1 -- Commissioner Reyes: Second. Commissioner Gabela: Second. Chair King: -- 3, 4, and S? I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 18 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 PH - PUBLIC HEARING PH.1 RESOLUTION 15867 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT TITLED "BISCAYNE SOUTH ASSEMBLAGE", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN ATTACHMENT "1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN EXHIBIT "A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND CAUSE THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ENACTMENT NUMBER: R-24-0172 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo Chair King: May 1 have a motion for PH.1? Vice Chair Carollo: Move. Commissioner Reyes: Second. Chair King: I have a motion. I have a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. END OF PUBLIC HEARING City of Miami Page 19 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 RE - RESOLUTIONS RE.1 RESOLUTION 15813 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 284 NW 45 STREET, MIAMI, FLORIDA, CASE NUMBER CE2021004308, AFTER A HEARING, AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIEN; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. ENACTMENT NUMBER: R-24-0173 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo Chair King: RE.1, mitigation, 284 Northwest 45th Street. Robert Santos-Alborna (Director, Code Compliance): Good morning, Commissioners. Chair King: Morning. Mr. Santos-Alborna: Robert Santos-Alborna, Code Compliance Director, Madam Chairwoman, Vice Chair. RE.1 is the mitigation of. a property located at 284 Northwest 45th Street. The respondent is Benasur, LLC (Limited Liability Company). The violations are Jroconstruction work without permits, parking and storage of inoperable vehicles, failure to maintain exterior property and failure to maintain lot in clean, safe condition. NOV (Notice of Violation) was issued on March 4, 2021, adjudicated on April 13, 2021. Compliance was met on March 1, 2022. It ran for 321 days, accruing a total of $80,250. The offer from respondent is $12,037.50, which is 15 percent. And Counsel Nicholas and I spoke yesterday about multiple cases, so I'm sure he'll have something to add. Chair King: Good morning. Nicholas Rodriguez: Good morning, Madam Chair, members of the Commission, Nicholas Rodriguez, and the law firm Bercow, Radell, Fernandez, Larkin & Tapanes, 200 South Biscayne Boulevard, here on behalf of Benasur, LLC. This property owner purchased the property in 2020. It was a very rough shape duplex. They made a very poor decision in hiring a contractor who did not pull permits and basically left the site a complete mess, left them holding the bag. Since then, once they became aware of the issues, they obtained a permit on March 25, 2021, before the City of Miami Page 20 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 item had even gone to the Code Enforcement Board, and completed compliance with the violation in less than a year from the date the violation was actually issued. So, we are respectfully requesting that the 15 percent offer be accepted by the Commission. We note that the silver lining in this situation is that there is a basically brand-new duplex in this neighborhood that has been constructed completely with permits legally in accordance with the requirements of the City. And for what it's worth, this owner has other projects in the City that are participating in the attainable and mixed income programs that the City offers. So, this is an affordable housing developer. This home will be rented affordably in the next few months when they finish construction. And we're just asking to be done with this violation that has caused them a lot of heartache. Commissioner Gabela: Motion. Chair King: Not yet. Do you have anything? Because in my notes, I have the word egregious here. Mr. Santos-Alborna.• So -- Chair King: So, during my briefing -- Mr. Santos-Alborna: Right. Chair King: -- you must have said something was egregious here. Mr. Santos-Alborna: So the violations that there were identified and issued, there were multiple. Now, the flip side of that coin is when we discussed the other cases, right, we're going to talk about gravity of violation, which is here. But there's a limited history on these cases. We had three code cases in the past 15 years, ‘four solid waste cases and two building cases. When we look at the scope of all the violations, they didn't have a high number of recurring violations. These went by the process. In the respondent's defense, they did correct the violations within a year. So - Chair King: What is 15 percent of 80, 000 -- Mr. Santos-Alborna: 12,000 -- the 15 percent of $80,250 is $12,037 with 50 cents. And I believe that's what they're offering. Mr. Rodriguez: Correct. And through the Chair, we would point to -- we agree that the violation was egregious. I've seen the photos. It was a terrible site. They immediately jumped on cleaning it up. They had applied for a permit or getting their permits pulled before the item actually even went to Code Enforcement Board and they had a compliance date. Chair King: So I'm going to ask, for $15, 000, a clean $15, 000. Do I have a motion? Vice Chair Carollo: Move. Commissioner Reyes: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. City of Miami Page 21 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Chair King: Motion carries unanimously. Thank you. Todd B. Hannon (City, Clerk): As amended. Chair King: As amended. Mr. Santos-Alborna: Thank you, Madam Chair. RE.2 RESOLUTION 15919 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 1080 NORTHEAST 80 STREET, MIAMI, FLORIDA, CASE NUMBERS CE2018025352 AND CE2018025562, AFTER A HEARING, AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIEN; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. ENACTMENT NUMBER: R-24-0174 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo Robert Santos-Alborna (Director, Code Compliance): RE.2. Chair King: RE.2. Mr. Santos-Alborna: RE.2 is a mitigation of a property located at 1080 Northeast 80th Street. The respondent is 80th Street Apartment, LLC (Limited Liability Company). There are two separate cases running parallel. The first case, CE 2018025352 is for construction work without permits. The second case, CE 2018025562, is fbr operating without a valid CU (Certificate of Use) BTR (Business Tax Receipt). The violations were opened on December Il th and December 14th, 2018, adjudicated on April 4th and May 6th of 2021. The violations ran for one property 449 days, for the second one, 488 days, accruing a total of $112,250 and $122,000, respectively. Collectively, they come to $234,250. The respondent has offered $15,000 for each of the violations, which is $30,000, which comes to 12.8 percent. Chair King: Go ahead. Commissioner Reyes: Question: Is this the same owner? Mr. Santos-Alborna: No, sir. This is -- City of Miami Page 22 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Chair King: No. Mr. Santos-Alborna: -- 80th Street Apartments, LLC. Commissioner Reyes: Oh, okay. Mr. Santos-Alborna: They just happen to be represented by the same counsel. Commissioner Reyes: No, and it's an LLC also. Mr. Santos-Alborna: Yeah. Chair King: Go ahead. Go ahead. Nicholas Rodriguez: Good morning again. Nicholas Rodriguez on behalf of the owner, 80th Street Apartments LLC, Bercow, Radell, Fernandez, Larkin & Tapanes, 200 South Biscayne Boulevard, for the record. This owner, they purchased the property with a partner. They did put in windows without a permit. Upon being cited, they obtained a permit to legalize those windows and then realized there was additional scope required. They did a full gut renovation of the property, and that's why the violation ran for so long, because they were doing the work to completely renovate the property. It's now a beautl four -unit apartment building that's rented at rates that are quite afjbrdable for the neighborhood. And you know, we agree with the compliance dates that Director Santos- Alborna has put forth and our offer is $30,000. We also want to point out that there was a third violation issued during the same time. It went to Code Enforcement Board for mitigation and they will be paying $45,000 on that violation. So, in total, they're going to be paying $75,000 to the City. They are working on other projects in the neighborhood completely with permits, completely legal, including the building right next door at 1070 Northeast 80th Street. They'd like to continue rehabilitating these buildings in the neighborhood, but they'd like to take care of this violation and lien first. Commissioner Gabela: Motion. Chair King: So, here's my problem. When they buy these properties, you have notice. And you can't -- we can't just go and improve properties without getting a permit. We can't -- we can't set that precedence at all. For the two, I'm asking for 15 percent combined. Commissioner Gabela: Second. Chair King: Combined, so we'd have to figure out what that is. Mr. Santos-Alborna: 15 percent comes out to $35,137 with 50 cents collectively, and we can divide that by two, and I'll do that right now -- Mr. Rodriguez: We accept that. Mr. Santos-Alborna: -- and provide that. Chair King: So, he'll accept that. As amended, 15 percent for RE.2. Commissioner Reyes: Move it. City of Miami Page 23 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Chair King: Do I have a motion? Commissioner Reyes: Move it. Commissioner Gabela: Motion. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. RE -- Commissioner Gabela: That was 2 and 3, right? RE.2 and 3? Chair King: No, that was just 2. Commissioner Gabela: That was just 2? Chair King: It was two -- Mr. Santos-Alborna: Yeah, we have a few to go. Chair King: -- two violations in 2. RE.3 RESOLUTION 15917 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY ADDRESS 5582 NORTHEAST 4 COURT, MIAMI, FLORIDA, CASE NUMBER CE2021002219, AFTER A HEARING, AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIEN; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. ENACTMENT NUMBER: R-24-0175 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo Chair King: RE.3. Robert Santos-Alborna (Director, Code Enforcement): RE.3. Commissioners, RE.3 is a mitigation of a property located at 5582 Northeast 4th Court. Respondent is Mark's Classics Corporation. The violation is for operating without a CU/BTR (Certificate of Use/Business Tax Receipt) and for construction work without permits. The notice of violation was issued on February loth, 2021. The adjudication took place City of Miami Page 24 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 on July 14th, 2021. It complied -- 1 have a total of 444 days, for compliance, and collectively accruing a total of $111,000. 1 believe respondent is offering $15,000. Chair King: And that is how much percent? Mr. Santos-Alborna: And that comes out to 13.5 percent. If we wanted to go to 15 percent, the amount would be $16,650. Chair King: For the record. Nicholas Rodriguez: For the record, again, Nicholas Rodriguez, Bercow Radell Fernandez Larkin & Tapanes, 200 South Biscayne Boulevard, here on behalf of the owner, Mark's Classic. This is the longtime owner of the 55th Street Station, Mark Soyka, who brought these retail establishments to the neighborhood in the late 90s, early 2000s, when it wasn't exactly a place where there was a lot of new business and investment coming in. The reason that we're offering slightly below 15 percent here is because, just to cut straight to the point, the permit was obtained and closed in April of 2022, and the CU was not issued until January 30th, 2023. They immediately applied for their CU, and it took nine months of you know, errors -- they were erroneously rejected. Chair King: Is that -- is that true? Mr. Santos-Alborna: Yes, it is. The CU-- Chair King: Okay, I'm going to accept your offer. Mr. Santos-Alborna: Okay. Chair King: Do I have a motion? Commissioner Gabela: Motion. Chair King: I have a motion and a second. All in favor? Mr. Rodriguez: Thank you. The Commission (Collectively): Aye. Chair King: It should never take nine months to issue. Mr. Santos-Alborna: And that operator is a very good operator. She followed up with us trying to reach out. So, I'm putting that on the record. We talked about -- Mr. Rodriguez: Thank you, Director. Mr. Santos-Alborna: -- that operator. Chair King: RE.4. Todd B. Hannon (City Clerk): And that will be RE.3 as amended. And Mr. Code Enforcement Director, you're okay with the dollar amount. You know what the dollar amount is? Mr. Santos-Alborna: I'm sorry? City of Miami Page 25 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Mr. Hannon: You know what the dollar amount is that's amended for RE. 3? Mr. Santos-Alborna: Yes, sir. Mr. Hannon: Okay. Mr. Santos-Alborna: Okay. As amended, it's the $16,650. Chair King: For RE.4 -- RE.3? Mr. Santos-Alborna: RE.4. Chair King: No, wait a minute. But RE.3 -- Mr. Hannon: RE.3. Chair King: RE.3, it should be -- Mr. Rodriguez: Through the Chair. Chair King: -- $15,000. Mr. Rodriguez: Correct. It was not amended, $15, 000 Mr. Santos-Alborna: Oh, it was not amended. Chair King: It's not amended. Mr. Santos-Alborna: My apologies. Chair King: It's not amended, it's accepting the offer. Mr. Hannon: RE.3 has to be amended because there 's a blank in the legislation. Chair King: Oh, 1 see. Mr. Hannon: What I'm trying to get confirmation on is the dollar amount. Mr. Rodriguez: $15,000. Mr. Santos-Alborna: $15,000. $15,000, as amended. Mr. Rodriguez: Thank you. City of Miami Page 26 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 RE.4 RESOLUTION 15916 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING CODE ENFORCEMENT LIEN CE2019009619, RECORDED JANUARY 15, 2020, CODE ENFORCEMENT LIEN CE2019009611, RECORDED JANUARY 15, 2020 CODE ENFORCEMENT LIEN CE2019019234, RECORDED OCTOBER 28, 2020, AND CODE ENFORCEMENT LIEN CE2019019235, FOR PROPERTY ADDRESS 704 SOUTHWEST 7 AVENUE, 712 SOUTHWEST 7 STREET, 716 SOUTHWEST 7 STREET, 720 SOUTHWEST 7 AVENUE, 720 SOUTHWEST 7 STREET, 734 SOUTHWEST 7 AVENUE, 701 SOUTHWEST 8 STREET, 705 SOUTHWEST 8 STREET AND 721 SOUTHWEST 8 STREET, MIAMI, FLORIDA, AS JOINED BY THE UNITY OF TITLE ENTERED INTO ON SEPTEMBER 21, 2021, 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-24-0176 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo Chair King: RE.4. Robert Santos-Alborna: Madam Chairwoman, Robert Santos-Alborna, Code Compliance Director. RE.4 is the mitigation of nine properties. I'm going to read them into the record because there's a unity of title. I think counsel will appreciate that. This is for property addresses at: 704 Southwest 7th Street, 712 Southwest 7th Street, 716 Southwest 7th Street, 720 Southwest 7th Avenue, 720 Southwest 7th Street, 734 Southwest 7th Avenue, 701 Southwest 8th Street, 705 Southwest 8th Street, and 721 Southwest 8th Street. The nine properties, Code has issued five violations. The violations are for operating without a CU (Certificate of Use) and BTR (Business Tax Receipt), and there's one of them where in addition -- well, two of them, that in addition we had the storage of vehicles. The violations have multiple dates. I'm going to put into the record the 712 Southwest 7th Street, it's case CE2019019235 for certificates of use, business tax receipt, and vehicles stored without the proper permits. NOV (Notice of Violation) issued on October 3rd, 2019, adjudicated on October 20th, 2020. Compliance was met on October 18th, 2022, running for 727 days. Second cease, 720 Southwest 7th Avenue, case CE2019009611, also for operating without CU/BTR, NOV issued on May 15th, 2019, adjudicated October 3rd, 2019. I have an earlier compliance date confirmed by way of building permits of 9/30/2020. That violation ran for 366 days, for $91,512. Third case, 734 Southwest 7th Avenue, CE2019009619, for operating without certificate of use and BTR, NOV City of Miami Page 27 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 issued on May 15th, 2019, adjudicated October 3rd, 2019. That one also ran for 366 days. Compliance was met on 9/30/2020. And the last case I have is 701 Southwest 8th Street. NOV -- for operating CU -- without a certificate of use, business tax receipt, and no temporary use permit. NOV issued October 3rd, 2019; adjudicated October 20th, 2020. Compliance on October 18th, 2022. It ran for 727 days. Collectively, collectively the fines add to $546,525. I've spoken with counsel. I'm going to yield to hire in a few seconds. There are a number of factors that he wants to put on the table, contribution to the marketplace and the economic impact to the area. Vice Chair Carollo: What was the amount again? Mr. Santos-Alborna: Collectively, the total amount is $546,525. Vice Chair Carollo: 546? Mr. Santos-Alborna.• Yes, sir. Vice Chair Carollo: 5 -- Mr. Santos-Alborna: 525. Vice Chair Carollo: -- 25. Okay. Mr. Santos-Alborna: Originally, I had an 874 -- Chair King: Oh, I have that. Mr. Santos-Alborna: -- but there is support evidence -- yes, ma'am. Chair King: Okay, 1 have $874, 025. Mr. Santos-Alborna: There is support evidence -- yes. And so, with the support evidence that I've met with counsel and discussed of the prior permits. That's how I made the adjustment. Vice Chair Carollo: When was that done? Chair King: I'm going to --1'm sorry. 1 was going to say I'm deferring to Vice Chair. This is in his district, District 3. Vice Chair Carollo: Thank you, Chair. Mr. Santos-Alborna: Yes, sir. Vice Chair Carollo: I apologize. When was that done, that you met with them on that? Mr. Santos-Alborna: I'rn sorry, sir. Vice Chair Carollo: When did you meet with -- Mr. Santos-Alborna: Yesterday. Vice Chair Carollo: -- them on that? City of Miami Page 28 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Mr. Santos-Alborna: Yesterday -- Vice Chair Carollo: Yesterday, okay. Mr. Santos-Alborna: -- in preparation for all the cases, he reached out to me and said we have support evidence that there's an earlier compliance date and that was confirmed through iBuild. Vice Chair Carollo: Okay. Very good. Go ahead. Mr. Santos-Alborna: So, collectively, the amount is $546,525. Again, I met with counsel. Their offer is comparable to 8 percent. It's $43, 701.25, but I think counsel will elaborate further, better than me. Daniel Diaz-Leyva: Thank you, Mr. Director. I appreciate your -- Chair King: Go ahead. Thank you. Mr. Diaz-Leyva: -- time. For the record Daniel Diaz-Leyva, Day Pitney, address 396 Alhambra Circle, 14th floor, Coral Gables, Florida 33134. Good morning, Commissioners and staff Thank you for your time this morning. I'm Daniel Diaz-Leyva and I'm counsel for 701 Associates LLC (Limited Liability Company), in connection with this item. I was retained earlier this year by Mr. Mario Murgado, Mr. William Diaz-Rousselot, who joins me today, his general counsel, and his executive team to assist addressing these code enforcement violations as ownership finalizes the project at this site in hopes of continuing its long-standing record of economic impact and job creation in Little Havana, Miami generally, and our state, through its network of automobile dealerships. The nature of the development of this site, the timing of permitting coinciding around the beginning of and through the duration of the pandemic, and the typical delays of the process and construction of a project of this size and scope, caused a delay in our ability to resolve this issue any sooner. Now that the project is nearly complete and our ability to secure a certificate of occupancy is conditioned on resolving these issues, we look forward to bringing this issue to a mutually agreeable resolution today. We've been actively meeting with the Director, as he said, Assistant City Attorney Rasco, to address the violations and ensure proper compliance, procedurally, to mitigate the fines assessed as a result of these violations. We want to thank Director Santos-Alborna and Assistant Attorney Rasco for their professionalism and cooperation in navigating this delicate matter, which we have taken very seriously. It is in the spirit of this cooperation that we're here today to bring this matter to a conclusion and respectfully request, as the Director said, approving a reduction, originally of 5 percent, which has been increased to 8, of the total fines owed. As you're aware, our client has been actively engaged in our community and a committed corporate citizen in Little Havana for decades, at Brickell Motors and particularly for 23 years. We respectfully request that the City consider our client's years of economic activity and job creation in the City when considering our proposal for mitigation, along with the material investment our client has made in the community to date and continues to do through the development of the parcels subject to these code enforcement violations. For this project alone, we've already delivered payment to the City in the amount of $2.1 million in impact fees. Once completed, the new automobile dealership contemplated on this site shall consist of a new Chiysler Dodge Jeep showroom and storage facility for its inventory, which shall further provide compelling economic activity City of Miami Page 29 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 and job creation for the city. Today, Brickell Motors employs 318 people in its facilities. Once this project is completed, we anticipate hiring another 90 employees for the new facility with an average salary of approximately $75,000. We hope you share in our enthusiasm and excitement in the growth of this particular area of Calle Ocho where our client's business has been a long-standing member and committed to continuing to invest in and further develop its holdings in the surrounding area for the near future. Thank you for your consideration. Vice Chair Carollo: Mr. Code Director. Mr. Santos-Alborna: Yes, sir. Vice Chair Carollo: First, let me acknowledge that you're looking to each case individually. Mr. Santos-Alborna: Yes, sir. Vice Chair Carollo: And you're trying to, and I see that today, be as fair as you can. Mr. Santos-Alborna: Yes, sir. Vice Chair Carollo: You found that, I guess, previously before you got here, for some reason, someone in Code for 20 months or more didn't see that they had complied. And they kept the fines going on. I have my own opinions as to why that happened, but I'm sure that that is not happening with you now, nor will it happen into the future. I remember one of our dearly departed, the former Charlie [sic] Crespo, telling me in the early part, the first few months, when I got elected for the first time, early 2018, how another businessman in Little Havana had gone to him offering him money so that he could write and go after this business. Well, it didn't take long before Charlie got brought in by the same business chap, and he started writing, I mean -- but you resolved an area there that somehow was overlooked by Code before you came in. You still have a remaining part. Mr. Santos-Alborna: We do. Vice Chair Carollo: It's still substantial in fines. This started in the heat and beginning of the pandemic. I think we all know what the situation was during that time. It was impossible to get anything accomplished in this city, or for that matter any other city, in South Florida. It's still no excuse, but it's a reality. I can't go with 8 percent because for things of this matter, particularly, commercial property, I think we've been trying, unless it's something so, so outrageous, we've been trying to keep the line at a very minimum of 10 percent. Even though it depends case by case of what happened. Mr. Santos-Alborna: Right. Vice Chair Carollo: I will say so that others don't jump up and down that I brought the situation up way back then to a former Code Director, because I deal with all our business even handed, whether I know them, I don't know them, they like me, I like them, they don't like me, I don't like them, I deal with everyone fairly. The bottom line is that I, looking at what we have here, I can't go with anything less than 10 percent. That's what I City of Miami Page 30 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 would proffer. At the same time, I believe, under Jennings, 1 have to declare any contacts. My chief of staff spoke, I think a couple of days ago to counsel, and sometime in the afternoon yesterday, I briefly spoke to the main stockholder of this corporation, or corporations. For the record, also I'd like to state that even though these are separate parcels, it really is all one together. And -- Mr. Santos-Alborna: And Vice Chair, ifI may. Vice Chair Carollo: Yes, sir. Mr. Santos-Alborna: And so that's why I read all the addresses into the record because they are going through the process of unity of title. And full disclosure, I mean, working with Mr. Diaz-Leyva and Mr. Rousselot in our conversations have been extremely professional. Right up front, full disclosure, I said, look, this is your recommendation. We talked about the 10 percent and the 15 percent that the board has created as a framework. And so that was part of our discussion yesterday. And I reflected you can make a very good contribution, labor market, it's very, real, but I reflected -- I don't think 1 can recommend less than 10 percent and that was part of our conversation. Vice Chair Carollo: Well, that's what my motion is for 10 percent. Commissioner Reyes: Second. Chair King: So I have a motion and a second for 10 percent. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously as amended. Mr. Diaz-Leyva: Thank you, Commissioners. Todd B. Hannon (City Clerk): As amended. Mr. Diaz-Leyva: Thank you. Mr. Santos-Alborna: Todd, that will be $54,652.50. Mr. Diaz-Leyva: Thank you Director, much appreciated, thank you for your time. City of Miami Page 31 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 RE.5 RESOLUTION 15945 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED MAY 25, 2021 FOR CASE NUMBER CE2021000694 FOR PROPERTY ADDRESS 4111 NORTH MIAMI 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-24-0177 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo Chair King: RE.5. Again? Vice Chair Carollo: Your district. Robert Santos-Alborna (Director, Code): Commissioners, RE.5 is -- Vice Chair Carollo: Excuse me. Mr. Santos-Alborna: Oh. Vice Chair Carollo: Are they calling you or are you calling them? You're seeing this guy here. Nicholas Rodriguez: I -- a lot of them are already clients. Commissioner Reyes: You have great contact. Melissa Tapanes: Make sure to say the full law firm name, including Tapanes. Mr. Rodriguez: Of course. Of course. Vice Chair Carollo: This guy find a niche. Mr. Santos-Alborna: I -- I don't know. All of a sudden, Nicholas is representing -- it's the whole farm, but Nicholas is representing many of them. Commissioner Reyes: All of them. Chair King: All of them in D5 (District 5), it seems. City of Miami Page 32 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Mr. Santos-Alborna: Or maybe one, Ms. Tapanes (UNINTELLIGIBLE). Commissioner Reyes: Wow, business is good, huh? Ms. Tapanes: Www.brzoninglaw.com. Mr. Santos-Alborna: Commissioners, RE.5 is the mitigation of a property located at 4111 North Miami Avenue. Respondent is Grupo Quadro Real Estate, LLC (Limited Liability Company). The violations are for graffiti, failure to register, and for vacant unsecured. Madam Chairwoman, you and 1 have a follow-up, but graffiti is not the only violation here. There are others. The case was opened on January 12th, 2021, adjudicated on May 12th, 2021. It complied on November 14th, 2022. For the record, in doing the research and I discussed with counsel, although the violation is for graffiti, which they are victimized, but there's also, this property does have a history of having been tagged and for failure to maintain. I have a history of recurring issues of 22 cases here. I need to put that into the record. The violation ran for 550 days, accruing a total of $137,500. Counsel will reflect that they constantly battling graffiti, et cetera, et cetera. The offer that I received from counsel was $15, 000, which is the equivalent to 10.9 percent. Mr. Rodriguez: For the record, Nicholas Rodriguez, again, on behalf of Grupo Quadro, LLC, the owner of 4111 North Miami Avenue. First off we'd like to increase the offer to 15 percent, which is $20,625. Mr. Santos-Alborna: Yes, sir. Chair King: Well, you see -- you see, I have a softness for graffiti. It's one of my pet peeves where the business owner is constantly being tagged, as a property manager myself in my previous life, I understand. I would have graffiti removed from our building. One instance, I tell this story all the time, I'm walking around with the painter, looking at the job that he did, covering the graffiti. I get to the other side of the building, I'm tagged, wet paint. Mr. Rodriguez: Again. Chair King: It happens so frequently. So, we are working on legislation to address -- Commissioner Reyes: Yes. Chair King: -- graffiti and the violations to present, present landlords, present business owners who are victimized by graffiti. I don't think it's fair that they are penalized for having graffiti, no fault of their own, and having to remove it constantly. So, go ahead and make your speech. Mr. Rodriguez: So I guess we'll remain with our $15,000 offer for now. To address Director Santos-Alborna's concern with the prior violations, we've represented this client for many years, and they've had projects come forward to try to redevelop the property. Unfortunately, the pandemic and the increase in construction costs, they scrapped that project. The property has sat vacant. They now have a permit to deliver the space to a new tenant, an Italian kitchen designer, who will be coming into the space in August. But throughout the years that they've been trying to redevelop or plan or program the space, they have constantly battled City of Miami Page 33 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 graffiti, and at times they have failed to register the lot, which is just shame on them for not, you know, getting that done. But with respect to all of the other violations, we're only here on one. Mr. Santos-Alborna: Yes. Mr. Rodriguez: All of the other ones have been resolved without substantial fines and without having to come here and request mitigation. So with that, we'd respectfully request the 15,000 that we originally proffered. Chair King: So I'll accept 10 percent. Commissioner Gabela: Motion. Commissioner Reyes: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. So I think 10 percent is just a little below the 15,000. Mr. Santos-Alborna: It'll be $13, 750. Mr. Rodriguez: Thank you very much, Chairwoman King. Chair King: You 're welcome. Todd B. Hannon (City Clerk): As amended. Commissioner Reyes: Madam Chair -- Chair King: As amended. Commissioner Reyes: -- if I may. I agree with you 100 percent. We're having that problem in Downtown Miami and all over the city. We have, 1 don't know how many hundreds of graffiti that have been -- that, overnight, they come -- Mr. Santos-Alborna: Yes, sir. Commissioner Reyes: -- you can see it. Most of the time, and that's what I ask -- been asking the police department, most of the time it is the same -- oh, I'm sorry. it is the same person or the same gang that is doing the graffiti. And that's why I'm requesting that the additional, additional policing of those businesses that they are victims of the grafti and -- I mean, is continuously, continuously being, I mean, targeted for graffiti. I think that we should start, the police department should start looking at it. And also, I take this moment to recommend all the businesses that are being victimized by graffiti to make a report, call the police. Because that way, that way the police has, by having a report, they can start procedures to either be more vigilant, or to patrol more. Mr. Rodriguez: Agreed. City of Miami Page 34 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Chair King: Thank you. RE.6 RESOLUTION 15944 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED MARCH 30, 2023 FOR CASE NUMBER CE2018024756 FOR PROPERTY ADDRESS 113 NE 1 STREET, 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-24-0178 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo Chair King: RE. 6. Nicholas Rodriguez: Thank you all. Robert Santos-Alborna (Director, Code Enforcement): Good morning, Commissioners, Madam Chairwoman. RE.6 is the mitigation of a property located at 113 Northeast 1st Street. Respondent is Old Federal Building Partnership. The violations in question are for failure to comply with downtown shutter ordinance. The NOV (Notice of Violation) was issued on December 2nd, 2018. It was adjudicated on June 6th, 2019. It complied on May 5th, 2021. Violation ran for 609 days, accruing a total of $152,250. I have not spoken with counsel, but based on my notes, I have an offer of $7,500, which is 5 percent. Is that accurate? David Haber: Yes. Mr. Santos-Alborna: Okay. Go ahead, counsel. Mr. Haber: Commission, my name is David Haber from Haber Law, 251 Northwest 23rd Street. I represent Old Federal Building Partnership. Its principal, Sergio Rok, is here with me today. As many of you know, Mr. Rok and his family are great corporate citizens, have almost no violations in 40 years. This is a very, technical violation. It's very different than the ones that were before you that were egregious. And let me just tell you what this is about. The Downtown Development Authority and the City decided that they wanted to change the shutters downtown on Flagler and next to Flagler from strict metal shutters to ones that are see -through. Mr. Rok and Old Federal Building was able to comply on nine of the eleven tenants. Two of the tenants were jewelry stores, and they threatened litigation against Mr. Rok and Old Federal Building under their leases City of Miami Page 35 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 because they didn't want people seeing through to their jewelry stores. It took 20 months to convince them and negotiate with them in order to come into compliance on those last two. The other nine were in compliance prior to the deadline of June 6th, 2019. Therefore, we believe that this is a very unique situation because it's not as if there's a fire code violation. There was no unpermitted work. There was no building code violation. This was simply the shutter on the outside. Thank you. Chair King: Mr. Director, that is correct. It was two holdouts that caused this. Mr. Santos-Alborna: I concur. And as I looked at the history of this property. It does not have a long history. As a matter of fact, I have six cases in the past 20 years. So -- and so they've been good corporate citizens. That's all I can say. Chair King: So, I'm inclined to accept the 5 percent because the landlord's -- the owner's hands were tied because of the jewelry store. So, may have a motion? Vice Chair Carollo: Move. Commissioner Reyes: Move it. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously as amended. Mr. Haber: Thank you. Chair King: Thank you. Mr. Santos-Alborna: Thank you. RE.7 RESOLUTION 15947 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2200 NORTHWEST 7 STREET, MIAMI, FLORIDA, CASE NUMBER CE2019006624, AFTER A HEARING, AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIEN; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. ENACTMENT NUMBER: R-24-0179 City of Miami Page 36 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo Chair King: RE -- Robert Santos-Alborna (Director, Code Enforcement): RE.7. Two more to go. Chair King: RE.7. Mr. Santos-Alborna: Madam Chairwoman, Commissioners, RE.7 is a mitigation of a property located at 2200 Northwest 7th Street. The respondent is VQ Everglades Unit, LLC (Limited Liability Company). The violations are for failing to maintain exterior of property and unpermitted illegal erection of signs. The NOV (Notice of Violation) was issued on April 13th, 2019, adjudicated on October 23rd, 2019. It complied on May 12th, 2021, 562 days later. The total accrued amount is $140,500. Now, I do need to put into the record, as I met with each of you, this property does have a recurring history. It is the first time, it's not a repeat, but it's a recurring violation. There were 17 cases going back to 2007. Vice Chair Carollo: Could you go over the cases? The top cases. Mr. Santos-Alborna: I will need -- I can tell you if you give me 30 seconds to get a computer, because I need to go one by one -- Vice Chair Carollo: Sure, yeah. Mr. Santos-Alborna: -- if that's your choice. Commissioner Gabela: Can I ask, I'm sorry, I forgot, what were you recommending? Mr. Santos-Alhorna: So, based on the history that I would say anywhere between 10 and 15 percent. Sebastian Jaramillo: Good morning. Chair King: Sir, while he's getting that information, you may go ahead. Mr. Jaramillo: Good morning, my name is Sebastian Jaramillo from the law office of Perlman, Bajandas, Yevoli & Albright. I'm here on behalf of the property owner. As was correctly stated, the property has had some issues. It's a commercial tenant, so my client has worked with his tenant diligently. Chair King: Hold on a second. Hold on, my City Clerk is -- Todd B. Hannon (City Clerk): Sir, are you here for RE.7, 2200 Northwest 7th Street? Mr. Jaramillo: Yes. City of Miami Page 37 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Mr. Hannon: You are. Mr. Santos-Alborna: So is the other counsel. Mr. Jaramillo: Sorry, let me just check to make sure. (COMMENTS MADE OFF THE RECORD) Chair King: Should we move on to RE.7 while they straighten that -- I mean, RE.8, while they straighten that out? Commissioner Reyes: Yes, let's do it. Chair King: Huh? Mr. Santos-Alborna: It's the same owner. It's going to be -- respondent is going to be VQ Everglades Homes, LLC. Chair King: Okay, so we'll -- Mr. Santos-Alborna: But I'm getting -- Chair King: -- we'll-- we'll do RE.7. We'll finish with RE. 7. Mr. Santos-Alborna: I'm getting you the laptop will all the -- Commissioner Gabela: So, what I -- alright. Yeah, so what I was going to say, that's in my area. I was going to recommend the 15 percent as Roberto stated. Vice Chair Carollo: No, that's District 3. Commissioner Gabela: No, the -- RE.7 is in my, area. RE.8 is in yours. Chair King: It was listed as D3 (District 3) but it was a mistake according to my briefing. Commissioner Gabela: Yeah, it's the same owner, Carollo I understand, but one is in your area and one is in mine. Chair King: And one is -- right. Commissioner Gabela: It's the same guy. Chair King: RE. 7. Can someone -- Vice Chair Carollo: We're talking RE.7? Chair King: -- can someone -- Vice Chair Carollo: RE.7. Chair King: -- can someone confirm -- Commissioner Gabela: Yeah, RE.7 is in mine -- City of Miami Page 38 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Chair King: -- RE. 7 is in -- Commissioner Gabela: -- RE.8 is in yours. Chair King: -- District I? Commissioner Gabela: According to this. Commissioner Reyes: Well, that's with the old map. With the new map, it's mine. Vice Chair Carollo: Well -- Chair King: Good one. Commissioner Gabela: You got me there. Vice Chair Carollo: I don't know where the heck it's at anymore. You know, this map, that map. Maybe we should have no maps and just go citywide again. Commissioner Reyes: Yeah. Mr. Jaramillo: Sorry, I apologize. There was -- this is the item I'm on. This involved a commercial tenant that caused most of the damage, had improper signs, had issues with maintaining the exterior of the property, and at the same time, my client, I understand no knowledge of the law is not a defense, but he wasn't aware it was a daily fine, so he took steps with the tenant to try to fax it and it's finally been resolved. That's it on our end. Vice Chair Carollo: This is right on the corner of 7th Street and 22nd? Mr. Santos-Alborna: This is -- Mr. Jaramillo: Correct. Commissioner Reyes: That's right. That's at the (UNINTELLIGIBLE). Mr. Santos-Alborna: This is the coral. (MULTIPLE PARTIES SPEAKING IN UNISON) Mr. Santos-Alborna: It's the coral rock. Vice Chair Carollo: Oh, the corral house. Mr. Santos-Alborna: Yep. Mr. Jaramillo: It's a coral exterior. Vice Chair Carollo: Okay, that's the one that the rumor is that a famous tenant (UNINTELLIGIBLE). Mr. Santos-Alborna: Urban legend -- Commissioner Reyes: That's right. (UNINTELLIGIBLE). Vice Chair Carollo: Yeah. City of Miami Page 39 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Mr. Santos-Alborna: -- has it that once upon a time, yeah -- Commissioner Reyes: Yeah, that's -- that's a rumor. Mr. Santos-Alborna: -- that individual. Commissioner Gabela: Fidel Castro's sister. Mr. Santos-Alborna: Do you have the history? Rachel Dooley (Assistant City Attorney, Supervisor): For the record, Rachel Dooley on behalf of the City Attorney's Office. 2200 Northwest 7th Street is in District 3, pursuant to the GIS (Geographic Information Systems) map. Commissioner Gabela: Oh, yes, because it's on -- I apologize, it's on -- Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Gabela: -- the south side. It's on the south side. You're correct. Commissioner Reyes: (UNINTELLIGIBLE). Ms. Dooley: I was like, did I get it wrong, again? Commissioner Reyes: If we pass the map, it is going to be mine.. Commissioner Gabela: My apologies. M. Dooley: It's alright. So, at least we clarified that. Vice Chair Carollo: Now you'll be in Little Havana again. Commissioner Reyes: Yep. (COMMENTS MADE OFF THE RECORD) Mr. Santos-Alborna: Apologies, Vice Chair, we're having technological challenges in getting to that. It's the old database, and it's coming in. Apologies. Vice Chair Carollo: Well, times like this you need that character, Nathan, whatever his name is, to say a few jokes. Is the upstairs -- Chair, can I ask a question? The upstairs, an apartment or? Mr. Jaramillo: I do know it has two stories, but I'm not sure if it's zoned mixed -use or not. I'm not aware of it. (COMMENTS MADE OFF THE RECORD) Mr. Jaramillo: Yeah. (COMMENTS MADE OFF THE RECORD) City of Miami Page 40 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Commissioner Reyes: When I first got here, `59, 1 lived around that area. And as a matter of fact, my sister went to -- Mr. Santos-Alborna: Vice Chair -- Commissioner Reyes: -- and it was -- it was an apartment -- I mean, it was a house that was rented, upstairs and downstairs. It's like a duplex. Mr. Jaramillo: Yeah. Commissioner Reyes: But behind it they had another property. Mr. Jaramillo: Yeah. Mr. Santos-Alborna: Okay. Mr. Jaramillo: Another apartment. Commissioner Reyes: It was a barbershop and all that. Vice Chair Carollo: Okay. Mr. Santos-Alborna: So, as I said, the violation before you, again, apologies, some technological issues. The case before you is for failure to maintain exterior of the property and for unpermitted signs. Vice Chair Carollo: What's the total amount on those two? Mr. Santos-Alborna: That one, the total amount is $140,500. Vice Chair Carollo: Okay. Mr. Santos-Alborna: And the amount, it ran for 562 days. Some of the other violations, and again, it's an older system, so I have to go -- it's very fickle. This is a 2000 -- this is a building case, failure to maintain and obtain the required 40-50 year certification. That's the next one. The next - Vice Chair Carollo: Did they finally do that? Mr. Santos-Alborna: I'm sorry, sir? Vice Chair Carollo: Did they finally get the 40-50 years? Mr. Santos-Alborna: Let me go back to that now because I am not showing that. Violations obtained, failure to obtain or require 40-50 year, I don't show a compliance date. Vice Chair Carollo: Okay. Mr. Santos-Alborna: Now, this is a -- for those of you who don't know how to navigate, this is an older system called CityView, which is fickle. It's not as good as the current one we have. Vice Chair Carollo: No worry, I don't know how to navigate the old, the new or the future. City of Miami Page 41 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Mr. Santos-Alborna: It matters. So, some of the other violations that I show here for operating without certificate of use. That violation was corrected. This is a 2016 case, also operating for -- without a certificate of use, that was complied. 2017, operating without CU/BTR (Certificate of Use/Business Tax Receipt). I'm going one by one. Ms. Dooley: Recertification is still pending, but they're processing. Mr. Santos-Alborna: And so, according to counsel, certification of the 40- 50 year is still pending, but it's in process. Vice Chair Carollo: Okay. Mr. Santos-Alborna: 2018 another complaint, another case, violations for failure to maintain building maintenance. So a number of property maintenance issues and concerns. Vice Chair Carollo: It's been going on for a while. Mr. Santos-Alborna: And as I said, 17 -- and there's a couple of solid waste cases, but the majority of the 17, 15 are for Code and 2 are for Building. Vice Chair Carollo: Okay. Anything else you would like to say, counsel? Mr. Jaramillo: Excuse me? Vice Chair Carollo: Anything else you would like to say? Mr. Jaramillo: No, Vice Chairman. Vice Chair Carollo: Okay. I'm going to go with 15 percent of this. It's got a history. Chair King: Do I have a motion? Vice Chair Carollo: Motion. Commissioner Gabela: Second. Chair King: So I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously as amended, 15 percent, which is? Mr. Santos-Alborna: $140,500 times 15 percent, $21, 075. Chair King: Thank you. City of Miami Page 42 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 RE.8 RESOLUTION 15946 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 984 SW 10 STREET, MIAMI, FLORIDA, CASE NUMBER CE2021021249, AFTER A HEARING, AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIEN; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. ENACTMENT NUMBER: R-24-0181 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Gabela, Pardo Chair King: RE.8. Robert Santos-Alborna (Director, Code Enforcement): RE.8. Commissioners, Chairwoman, Vice Chair, RE.8 is the mitigation of a property located at 984 Southwest 10th Street. The respondent is Q [sic] Everglades Homes LLC. The violations is for the property having multiple illegal units and for illegal storage, failure to maintain exterior, no certificate of use, no business tax receipt. The NOV (Notice of Violation) was issued on October 14th, 2021. Adjudication took place on December 8th, 2021. It complied on February 7th, 2024, 782 days later. It accrued a total of $195, 000. For the record, this property has recurring cases, 13 prior code cases, 11 solid waste cases and 2 building cases. Respondent is offering $12, 500 and -- and I think it's important -- you can reflect. And -- Rachel Dooley (Assistant City Attorney, Supervisor): Rachel Dooley, Office of the City Attorney. On this particular case, the City did demolish the property structure, bringing it into compliance, and the lien was paid in full by the property owner. Chair King: Go ahead, sir. Vice Chair Carollo: How much was that? Ms. Dooley: I can check on the amount. It was under $20, 000, I believe. Sebastian Jaramillo: It was like $27,000 or $28,000, with costs. Ms. Dooley: Was it? Okay. I can check and get you the exact amount. Chair King: So let's have him make his presentation and then -- go ahead, sir. City of Miami Page 43 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Mr. Jaramillo: Just a quick correction. The amount outstanding that I have is $195,500. Mr. Santos-Alborna: I'm sorry, $195,000? Mr. Jaramillo: Yeah. Mr. Santos-Alborna: That's what I have. Mr. Jaramillo: Okay. Mr. Santos-Alborna: Okay. Mr. Jaramillo: I heard like $900, 000 just to be sure. Vice Chair Carollo: No, no, no. Mr. Santos-Alborna: No, no. $195,000. Sorry. Mr. Jaramillo: Again, Sebastian Jaramillo, from Perlman, Bajandas, Yevoli & Albright, on behalf of the owner. This property does have a history. It had an unsafe structures case that the client went through and the property was eventually demolished. Before it was demolished, my client had to go and evict all the tenants. That took a while, including one tenant that took the case to the Third DCA (District Court of Appeals). And all of this time, the line kept accruing because it was because of a business tax receipt and certificate of use, which. of course, stemmed because of the poor condition of the property. They couldn't get a 40-year certification. They couldn't get a CU (Certificate of Use) or a BTR (Business Tax Receipt). They had to evict the tenants and let the property be demolished. The property, I'm not sure what's going to happen to it, but the property is free and clear now, and the client is trying to resolve all issues, and this is the one remaining pending issue, to settle this. And it's a fine that accrued because of not having a BTR or a CU. Vice Chair Carollo: Rachel, is that accurate, what he's telling me? Ms. Dooley: What is accurate? There were tenants in there. 1 believe there had been a lot of complaints about the property, and the tenants were there. The City was trying to get the people out, but obviously they needed to remove them so that we could demolish the structure as ordered by the Unsafe Structure Panel. So we couldn't do that until the tenants were gone. They did the -- it was just over $27,000 for the demolition. They did pay in full within a reasonable time frame after demolition occurred. Vice Chair Carollo: Did they go through the Third DCA like he said? Ms. Dooley: That I do not know in particular. I've worked with Mr. Jaramillo several times. I have no reason to doubt what he's saying. If that's, you know, we weren't part of it, but if that's what he's saying, I have -- I would have no reason to doubt that. Vice Chair Carollo: Okay, they paid $27,000 plus already. What do you all recommend? Mr. Santos-Alborna: So -- City of Miami Page 44 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Vice Chair Carollo: The range. Mr. Santos-Alborna: -- 10 percent makes it $19,500. I'd say absolutely no less than 10 percent based on the process and pattern that we have here, 15 is $29,250. I -- at least 10 percent. Vice Chair Carollo: Okay. I'll go with the 15 percent. Motion. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. As amended. Mr. Santos-Alborna.: Thank you, Commissioners, Madam Chairwoman. Mr. Jaramillo: Thank you, Commissioners. Chair King: Thank you. City of Miami Page 45 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 RE.9 15973 Department of Finance RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), SUPPLEMENTING RESOLUTION R-19-0062 ADOPTED BY THE COMMISSION ON FEBRUARY 14, 2019, WHICH AUTHORIZED THE ISSUANCE BY THE CITY OF ITS LIMITED AD VALOREM TAX BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING FOUR HUNDRED MILLION DOLLARS ($400,000,000.00) IN ONE OR MORE SEPARATE SERIES; FOR THE PURPOSES OF MAKING CERTAIN PROVISIONS FOR AND AUTHORIZING THE AWARD OF THE CITY'S LIMITED AD VALOREM TAX BONDS (MIAMI FOREVER INFRASTRUCTURE PROGRAMS), SERIES 2024, IN ONE OR MORE TAX-EXEMPT AND/OR TAXABLE SERIES, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED THREE HUNDRED MILLION DOLLARS ($300,000,000) (THE "SERIES 2024 INFRASTRUCTURE BONDS") TO FINANCE THE INFRASTRUCTURE PROJECTS AS DESCRIBED IN RESOLUTION R-19-0062 AND THE ADDITIONAL INFRASTRUCTURE PROJECTS DESCRIBED IN EXHIBIT "C-2" HEREOF UPON THE SATISFACTION OF CERTAIN PARAMETERS DESCRIBED HEREIN; RE -DESIGNATING EXHIBIT "C" TO RESOLUTION R-19-0062 AS EXHIBIT "C-1" THERETO; AUTHORIZING THE NEGOTIATED SALE OF THE 2024 INFRASTRUCTURE BONDS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT IN CONNECTION THEREWITH; APPROVING THE FORM OF AND THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF A FINAL OFFICIAL STATEMENT RELATING TO THE SERIES 2024 INFRASTRUCTURE BONDS AND TO EXECUTE AND DELIVER ANY RELATED AGREEMENTS; APPOINTING A BOND REGISTRAR AND PAYING AGENT; COVENANTING TO PROVIDE CONTINUING DISCLOSURE IN CONNECTION WITH THE SERIES 2024 INFRASTRUCTURE BONDS IN ACCORDANCE WITH SECURITIES AND EXCHANGE COMMISSION RULE 15C2-12 AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT WITH RESPECT THERETO AND APPOINTING A DISCLOSURE DISSEMINATION AGENT THEREUNDER; AUTHORIZING CERTAIN OFFICIALS OF THE CITY TO EXECUTE ANY DOCUMENT OR TO TAKE ANY ACTIONS REQUIRED IN CONNECTION WITH THE ISSUANCE OF THE SERIES 2024 INFRASTRUCTURE BONDS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0182 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Gabela, Pardo Chair King: Which brings us to our resolutions which are mitigations. City of Miami Page 46 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Commissioner Reyes: Mitigations. Chair King: RE.1. Larry Spring (Chief Financial Officer/Assistant City Manager): Madam Chair, if you will? Chair King: Mr. Spring, you are recognized. Mr. Spring: Thank you. Good morning, Chair, Commission. RE.11, we need to make a modification on the record. That modification is simply to remove one project off the project list, which is the Bayfront fountain project. That will be removed. Chair King: RE.11? Mr. Spring: RE.9, sorry, RE.9. Vice Chair Carollo: RE.9 is what now? Mr. Spring: That is the bonding item, the authorization for the bonding item. Vice Chair Carollo: What about it? Mr. Spring: We're re -- Chair King: Okay, can we -- when we get to that item -- Mr. Spring: Yeah, I just want -- Chair King: Because it's not what we're discussing right now, so let's .finish with our mitigations, and when we get to RE.9, I'll have him come back up and -- Commissioner Reyes.. That's right. Chair King: -- make the statement. [Later...] Chair King: RE.9, Mr. CFO (Chief Financial Officer), I believe you had a statement for the record. Mr. Spring: Thank you, Madam Chair. Through the Chair, just wanted to put on the record that we are amending the attached project list by removing the Bayfront fountain project from that list. That's the only amendment we need to put on the record. Chair King: Do I have a motion for RE.9, as amended? Vice Chair Carollo: Move. Commissioner Reyes: Second. Chair King: I have motion and a second. All in favor? City of Miami Page 47 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Todd B. Hannon (City Clerk): As amended. Chair King: As amended. RE.10 RESOLUTION 15905 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT, BUDGET, ALLOCATE, AND APPROPRIATE FUNDS FROM FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") STATEWIDE WATER QUALITY RESTORATION PROJECTS PROGRAM FOR FISCAL YEAR 2023 — 2024 IN AN AMOUNT NOT TO EXCEED ONE MILLION SIX HUNDRED FIVE THOUSAND DOLLARS ($1,605,000.00) ("GRANT FUNDS") AS SPECIFIED IN THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD GRANT AGREEMENT ("AGREEMENT') NUMBER LPA 0579, ATTACHED AND INCORPORATED HEREIN, FOR DRAINAGE IMPROVEMENTS ON THE NO -OUTLET ROADWAYS ON THE NORTH AND SOUTH SIDES OF SOUTHWEST 27TH STREET FROM SOUTHWEST 27TH AVENUE TO SOUTHWEST 30TH AVENUE AS PART OF OFFICE OF CAPITAL IMPROVEMENTS PROJECT 40-B173613 ("PURPOSE"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH FDEP FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0183 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Gabela, Pardo Chair King: May I have a motion for RE.10 and RE.11 ? Vice Chair Carollo: Move. Commissioner Reyes: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. City of Miami Page 48 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 RE.11 16001 Commissioners and Mayor Chair King: Motion carries unanimously. Congratulations, Liberty City Trust and our Youth Summer Employment Program. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING GRANT FUNDS FROM THE DISTRICT 5 COMMISSIONER'S SHARE OF THE CITY OF MIAMI'S ("CITY") MIAMI FOR EVERYONE PROGRAM IN A TOTAL AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($250,000.00) TO THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST ("TRUST") FOR THE TRUST'S 2024 SUMMER YOUTH EMPLOYMENT PROGRAM ("PROGRAM"); FURTHER ALLOCATING GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ("CITY") MIAMI FOR EVERYONE PROGRAM IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND 00/100 DOLLARS ($100,000.00) TO THE TRUST FOR THE PROGRAM; FURTHER ALLOCATING GRANT FUNDS FROM THE VENTURE MIAMI ACCOUNT, ACCOUNT NO. 97100.150009.882000.0000.00000 IN A TOTAL AMOUNT NOT TO EXCEED FIFTY THOUSAND AND 00/100 DOLLARS ($50,000.00) TO THE TRUST FOR THE PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, SUBJECT TO APPLICABLE REQUIREMENTS OF ALL FEDERAL, STATE, AND LOCAL LAWS, INCLUDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0184 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Reyes ABSENT: Gabela, Pardo Note for the Record: For minutes referencing Item RE.11, please see "Public Comment for All Item(s)" and Item RE.10. City of Miami Page 49 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 RE.12 RESOLUTION 15985 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office of the City ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO Attorney ENTER INTO A SETTLEMENT AGREEMENT AND NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED THEREIN; FURTHER AUTHORIZING THE DIRECTOR OF FINANCE TO MAKE PAYMENT, IN THE AMOUNT OF ONE DOLLAR ($1.00) IN NOMINAL DAMAGES TO THE PLAINTIFFS, AND IN THE AMOUNT OF ONE MILLION FIVE HUNDRED EIGHTY-THREE THOUSAND THIRTY ONE DOLLARS AND THIRTY FIVE CENTS ($1,583,031.35) FOR ATTORNEYS FEES AND COSTS, WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASES STYLED GRACE, INC.; ENGAGE MIAMI, INC.; SOUTH DADE BRANCH OF THE NAACP; MIAMI-DADE BRANCH OF THE NAACP; CLARICE COOPER; JARED JOHNSON; YANELIS VALDES; ALEXANDRA CONTRERAS; AND STEVEN MIRO V. 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. V. 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; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0.0; FURTHER ACCEPTING THE BOUNDARIES OF EACH DISTRICT AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, WHICH SHALL BECOME EFFECTIVE SEVEN (7) DAYS AFTER THE SETTLEMENT IS APPROVED BY THE COURT, WHICH APPROVAL SHALL INCLUDE A DECREE THAT NO CHANGE IN DISTRICT BOUNDARIES CAUSED BY THIS RESOLUTION THAT WOULD AFFECT THE QUALIFICATIONS OF ANY INCUMBENT COMMISSIONER UNDER SECTION 4(C) OF THE CITY CHARTER OR CHAPTER 16 OF THE CITY CODE WILL DISQUALIFY SUCH INCUMBENT COMMISSIONER DURING THE TERM FOR WHICH THEY ARE ELECTED; FURTHER DIRECTING THE CITY ATTORNEY TO TIMELY PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), PURSUANT TO THE TIME FRAMES PROVIDED IN SECTION 2-64 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR CONSIDERATION AT A REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL MUNICIPAL ELECTION SCHEDULED FOR NOVEMBER 2025, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO ESTABLISH A NEW SECTION 13 OF THE CHARTER, TITLED " REDISTRICTING," TO ESTABLISH A CITIZENS' REDISTRICTING City of Miami Page 50 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 COMMITTEE AND PROVIDING FOR AN APPOINTMENT PROCESS, QUALIFICATIONS FOR MEMBERSHIP, TENURE, REMOVAL AND VACANCIES, DUTIES, AND PROVIDING FOR STANDARDS FOR ESTABLISHING DISTRICT BOUNDARIES; MAKING FINDINGS; AND PROVIDING AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo Note for the Record: Item RE.12 was deferred to the May 23, 2024, City Commission Meeting. Chair King: The agenda has been set and we are now discussing -- Commissioner Reves: Okay. Chair King: -- the two items that Vice Chair would like to have deferred. Commissioner Reyes: Let me -- let me --1 just want to ask -- Chair King: Commissioner Reyes. Commissioner Reyes: -- this question. I did not know that that breakdown was available. I didn't know. I'm very much interested in seeing it because I have suspicions also that this map, the way it is, and it is, that it has been -- and it's been my main concern that we pretty soon in a couple of election cycles, we won't have proper representation of diversity in the dais. That's my main concern. The districts were formed and Commissioner Carollo, when he was mayor, were formed in order to assure us that every ethnic group will be represented in this dais. And the form -- my only concern with what we're doing now and what we're voting on, and I have stated it publicly, is that we won't have diversity in the dais and all the ethnic groups will not be represented. And if that analysis has been performed, I want to see it. Vice Chair Carollo: The -- Commissioner Reyes: Because that's my only concern. I mean, I could -- Commissioner Gabela: Madam Chair? Commissioner Reyes: -- I would represent any area of the city of Miami with the same way that I represent my area, and I'd he honored to represent any area of the city of Miami. But I want to know what implications this will have in the composition of the city commission. That's my only concern. Chair King: Commissioner Gabela. Vice Chair Carollo: Madam Chair? Chair King: Commissioner Gabela would like to be recognized. City of Miami Page 51 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Commissioner Gabela: Yeah, so for the record, 1 wasn't here when you ladies and gentlemen voted on that last year, or whenever the last time you voted on it. And then, you know, I'm in agreement with Carollo to defer because, number one, there's one member that's not here. So -- Commissioner Reyes: He's not here. Commissioner Gabela: -- I'm in agreement with that. However, you know, 1 hope that the next commission meeting, okay, we can make a decision on this because we've been at this for some time and the more -- the longer we continue with this, you know, the more it's going to cost the -- you know, us, the City, the taxpayer. You know, and I think we've been at this for, you know, a very long time now and we've had extensive meetings on this in the past, you know, for the last two months, what have we had, like three shade meetings I think we've had. But I understand your concern and I'm willing to go along. You know, I just hope that the next commission meeting, this is settled in the respect that 1'd like to see, you know, if we do this, whatever the agreement is, we have some control over the process. You know, if we don't do this at the end, we're going to lose that control and it's going to be up to the judge and other judges. And Judge Moore is not happy with us. I mean, this hasn't been settled in a year and a half. Commissioner Reyes: Madam Chair? Commissioner Gabela: So I'm going to go along. I think it's the prudent thing to do, but I just want to be on the record. I hope that by the next meeting, we're ready to go one way or the other. Commissioner Reyes: Madam Chair? Chair King: Hold on one second. The City Attorney would like to -- Commissioner Reyes: Okay. Chair King: -- say something. George Wysong (City Attorney): Yes, Madam Chair, thank you. And my commitment to this commission is to provide you with the risks and consequences of this. 1 want to put out, you know, everything that could happen or might could happen and I would like our outside counsel to come up and address how requesting a deferral at this time could affect the case. Vice Chair Carollo: Madam Chair, before outside counsel speaks, could I .finish speaking because I -- Unidentified Speaker: Can't hear you. Vice Chair Carollo: -- hadn't been finished speaking and I gave Commissioner Reyes the floor. Commissioner Reyes: Yes. Chair King: Go ahead. City of Miami Page 52 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Vice Chair Carollo: Thank you. Look, we have been accused, wrongly so, of racially gerrymandering three districts. Those are pretty grave words. When the original intent, when districts were made, because we had citywide elections before. I ran a lot more citywide for commissioner, for mayor before, than the two times that I ran in a district. The reason we went to districts when I was mayor was to assure that there would be African American representation when it was lost. Period. Now you have three districts that no matter -- Commissioner Reyes: How you cut them. Vice Chair Carollo: -- how you cut them, there're districts that are 80 plus, 90 percent Hispanic. I don't care how you cut those districts, you're still going to have a Hispanic elected. Now, the reason I want to see the three sequences on the maps so that we could clearly see and show that there was no racial gerrymandering, that in fact we're ending with the same percentages, maybe even more in some districts, than what this commission had approved. So, are we going to be approving a racially gerrymandering map? What this is all about is to take the power away from the residents of Miami and the representatives that have been elected by the residents' of Miami so that this commission could not make a decision and that what we are given are an ideological driven, precinct by precinct map that is gerrymandered towards getting individuals that are much more to the far left than to the center or to the right. I was told that in District 3, and you know, I -- this is what the reporter told me, I have no idea, that the Democrat percentage in District 3 jumps to 55 percent. You only have 45 percent Republican. I don't know exactly what the Hispanic percentage is in comparing it to the other two times. So this is information that we need. Now, that Judge Moore, and I say this with all respect, as was stated here by one of my colleagues, is not happy with us. He wasn't happy with us last year. And apparently the appellate court wasn't happy with him. They overturned him, and we had elections in the map that we picked. They brought it to the Supreme Court, and I'm amazed that in something that didn't jump to the level of many other cases, the Supreme Court took on the case. And guess what? The Supreme Court apparently wasn't too happy with Judge Moore's decision either. It came back 9-0 in favor of the City of Miami's position. So I'm not one of those that's going to drink the Kool-Aid and believe that this is final, whatever Judge Moore says, because I believe that we stand an excellent chance of overturning this in an appeal. An excellent chance. And you know, frankly, I might be the one that could send the turkey in this shootout. I'm the one that maybe stands the most danger in any decisions that are made, so be it, you know. I'm term limited out, so I can't run again. What I'm looking is for the future of this city, and I've always stated that. I am term limited out. Mr. Reyes is term limited out after this term. And for us to wait until the 23rd to get answers and, most importantly, have a full commission, because I don't think there's anything more important, certainly not gym -- outdoor gym equipment, for a commissioner to be present to vote on than districts of the city. Commissioner Reyes: Yes. Chair King: Can we hear from outside counsel? Commissioner Gabela: Excuse me, may I -- through the Chair? Look, I want to put on the record, the only gerrymandering here that really occurred, and let's be honest about this, okay, was your house being accommodated in Coconut Grove, being broken in half, and then my house City of Miami Page 53 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 being taken out to protect Alex Diaz de la Portilla, that then we were running against each other. That's what -- that's really what the real gerrymandering here was about or one of them. You know, now, 1 for one don't want to put -- this is my opinion. We 've discussed this backwards and forwards, you know. And with this map that we're talking about, it's a very minimal change. The other map I even agreed with you was drastic, radical. You know, but this map here is very little taken here from there. I for one do not want to put the City liable for more money for the taxpayer. You know, I'm on the record here as trying to save the taxpayer $25 million. Okay, 1 think we have enough litigation in the City to continue this way. What makes us think that things are going to change now when it hasn't changed in a year and a half with this judge. And by the way, you're correct, we did win the stay with the appellate court, but that was because, remember, there was an election, and I think they ruled on that election. And by the way, one more thing, as we speak, as we sit here today, okay, your house is out of the district, technically speaking, because the judge voided and nulled the '24 map, the '23 map, and the '22 map. We're now, right now, on the 2012 map if I understand it correctly. You know, so I just want to put that on the record. You know, I don't want to pick a fight with anybody today, but I think this thing, if we still have time in the next commission meeting, should be put to bed, you know, and get this thing over and done with. Again, I state on the record, I do not want to cost the City more money. I asked Mr. Wysong yesterday, I called him in my office and I asked him, if we go the route and we don't have the votes to do this, how much might this potentially cost us in time? And I believe it was a million dollars and maybe in excess of that, if I remember correctly, City. Attorney. Can you enlighten me on that, whether 1 am correct? Mr. Wysong: Yeah. That was one of the things I wanted to mention is that part of this is the settlement of attorneys' fees and the ACLU (American Civil Liberties Union) had come down from the fees that they have on record. 1 don't know -- Chair King: If we can allow outside counsel to brief us, please. Mr. Wysong: Yeah. Commissioner Reyes: Yeah. Chair King: And just so 1 say for the record, all of the statistics that you guys say you didn't have, didn't get, I received. 1 asked those questions. I thought that in our last meeting we had come to an agreement -- Commissioner Gabela: Yes. Chair King: -- and this is a procedural item that captures what we had all agreed to in the shade meeting. I believe there are some time sensitivities to this settlement so let's hear from -- and with Commissioner Pardo not being here, if he had taken issue with it, it would have been one of the items that he had requested to have deferred, but he didn't. Please brief us on the consequences of us not moving forward today and delaying this vote to the 23rd. Vice Chair Carollo: Chair, that's fine, but when he's done, I'd like to address something that was said here. City of Miami Page 54 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Chair King: Okay, but -- and I have the feeling that it is the feeling of my colleagues that we defer this. 1 'd just like you to put on the record what the consequences are. 1 am ready to move forward with it, though, but go ahead. Christopher Johnson: Thank you, Madam Chair. My name is Christopher Johnson with Gray Robinson. I'm here to answer this question. So, we have to give the court a briefing by next week as to the status of the settlement discussions. At the current time, the court has stayed the case. So, after we give the court the briefing, the court may choose to no longer stay it and expect things to move forward. Among the other consequences, of course, is the City's time to file an appeal of the findings of fact and conclusions of law. Thirty days is tomorrow, so we'd have to file the appeal by tomorrow and get that going as well. The -- going back to the court, the court may continue the stay until after the meeting on the 23rd. The court may choose not to continue the stay and push things forward. The remedial process would involve coming back to this commission and redistricting the maps again, similar to what was done last year after the injunction. So, that would begin that process of meetings, drawing new maps, possibly using the consultant or not, coming back to the commission for approval of that map. If there are objections by the plaintiffs, then those objections would have to be heard by the court. The court may then choose to accept the City's new map or reject the City's new map or draw his own map. At the trial, Judge Moore indicated he might he interested in drawing his own map. Another thing that would be on the table is the consideration of whether or not a special election would be called. Currently under the settlement, no special elections or no one would be forced to run prior to the end of their term, but of course, the judge could change that. And that's one of the things that the plaintiffs had discussed and one of the things that is resolved by the settlement. So the consequences, we have to file the appeal by tomorrow. We would have to give the court a briefing next week and inform the court that it's going to come back before this commission on the 23rd and then ask the court to either continue to defer so we can wrap this up then or we may continue litigating the case. Obviously, that would also change the attornev's fee consideration, not only the City spending fees on litigating the case, but also the plaintiff's fees would go up. Commissioner Reyes: Madam Chair, ifI may. Chair King: 1 think Mr. Vice Chair wants to speak and he has the floor. Todd, could you put us on a five-minute timer because I don't want us to spend an entire morning. I have the feeling -- I understand how you feel, but let's keep this to five minutes each moving forward because we've all had an opportunity to speak thus far. Vice Chair Carollo: Yeah, that's fine. Chair King: Okay, Todd. Vice Chair Carollo: Yeah, briefly to address the attorney, neither Chairman King, Commissioner Reyes, or Commissioner Carollo voted on the last maps to gerrymander any homes in or outside of the district. So I just want to put that on the record. Now, what I am saying is we need a full commission because this is probably the most important vote that we'll be taking in a long, long time, and we need a full commission on this. The plaints, they want to get their million and a half dollars from us. And City of Miami Page 55 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 that was one of the main priorities that they had. The judge wants us to resolve it in one particular way. But the bottom line is, while you, Counselor, can tell us, ever, in any case, no matter how strongly it is, how we could end up, we would go that route -- and I'm not saying that this is what is going to happen. What I'm asking is a plain deferral for the 23rd and to get information and to have a full commission. What we could do, if another form of action was to be taken on the 23rd, we could ask for an injunction, a stay rather, from the appellate court, like we did the last time, and we got a stay the last time. And winning means that they don't get a million and a half dollars, correct? Mr. Johnson: Correct, Commissioner. Vice Chair Carollo: Okay, thank you. Mr. Johnson: Well, with a caveat -- Commissioner Gabela: Madam Chair? Mr. Johnson: -- to that. There would be obviously fee disputes regarding the earlier injunction. I mean, you know, when you ask the lawyers, possibly get a complete yes or no. So that may not completely resolve the issue. Commissioner Reyes: Madam Chair? Chair King: Commissioner Reyes. Commissioner Reyes: That's right. I believe that, in my opinion, I mean, in my' case, if I vote for this map, it would be under duress. It is on the -- we have the threat -- we've been threatened by the judge that he is going to draw it himself. And we don't know what's going to happen there. As 1 stated before, I am concerned about the future of the city of Miami. If we have now, if we have now, we have been demanded because we -- they -- a group of people believe that we -- I mean, wrongly so, because as Commissioner Carollo said, any way you cut these three districts, it's going to be -- always is going to be a Hispanic there. The amount of money that we have spent is going to be nothing compared for the demands that we are going to receive if we don't have diversity in the dais. Besides being not fair, you see, besides being not fair, and not being, I mean, it betrays the principles of the district, I know that once, as it happened before, that there were five Hispanic commissioners, and that's why the districts came about. That is my concern. And the money -- I mean, having diversity in the city, in the city council, it is, in my opinion, priceless, you see. It is priceless. I will pay for it, whatever it takes, because our city should be equally represented. And that's my big concern about this. It is my big concern about this. And I'm concerned about the future of the city of Miami. That's why I want to know everything that happened. So that is me, that is my opinion. If I vote on this because we have to vote, I want everybody to know that it's under duress because my concern is real. Real. I am not here. I am not a city of Miami commissioner because I want fame or fortune. And I'm not going to vote according to what happens now. I see into the future. And that's what concerns me, you see. I'm termed out. I cannot run anymore, but how about the next generations, you see? That is one -- and the map that was prepared by us, but the best question that I asked -- I mean, the first question that 1 asked, DeGrandy was, are we sure that we're going to have City of Miami Page 56 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 diversity in future elections for the next 10 years? And he said, yes, that's why 1 voted for it. And that is my position. Commissioner Gabela: Madam Chair? Chair King: Commissioner Gabela. Commissioner Gabela: Yes, ma'am. Thank you. Number one, I think I heard you say that you've been fully -- you know everything, as I do. I was fully informed of all the statistics we've had. Again, we had three meetings on this. You seem to be comfortable with the map. I'm comfortable with the map. I support your decision in going forward. Yes, we're one member down. Can I ask you, sir, on the opposite end of the coin, if these gentlemen, you know, if we win, we don't pay them the $1.5 million, correct? What do we lose? How much is that going to cost us if we lose? Mr. Johnson: Well, once again, you're paying the fees for the litigation and you're also -- their fees will continue to go up. Commissioner Gabela: So, if we lose, what can that be? Mr. Wysong: But Madam Chair, could I clarify something real quick? If we were to win, we were -- we're still subject to paying attorney's fees because they did get -- Mr. Johnson: They did obtain an injunction that would be an issue that would no doubt be litigated. I just don't want to give the impression that it's completely off the table. Commissioner Gabela: But it certainly would be more money than with the 1.5 that now I just learned that we're going to pay anyway, correct? You would suppose? Mr. Johnson: Yes. So if we were to continue to go forward, more litigation, fees go up, obviously the plaintiffs' fee claim will go up as well. In the last year and a half litigation, you see they were asking for one point -- they actually were asking for two, and then they -- we settled. So, obviously, it could be -- Commissioner Gabela: Can 1 just ask you one more question? Mr. Johnson: Yes. Commissioner Gabela: And then I'll end it there. If we defer today to accommodate Mr. Pardo, will this change in any way the settlement that I was under the impression that we had agreed to, you know, the previous sessions that we had in the shade meeting? Will this endanger that settlement that we had a majority, and I think we expressed the need to go forward and present the settlement to them? Mr. Johnson: Well, if we defer it, we can obviously continue to go forward with the settlement. Even if the judge were to say, I'm no longer staying the case, continue the open process -- Commissioner Reyes: It's two weeks only. Mr. Johnson: -- we can still do the settlement discussions -- City of Miami Page 57 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Commissioner Reyes: Two weeks. Mr. Johnson: -- and still, yes, we can still do that. Chair King: So, at this time -- Commissioner Reyes: Through the Chair, it's only two weeks. Chair King: At this time, do I have a motion to defer RE.12? Vice Chair Carollo: It's a motion. Commissioner Reyes: I second. Chair King: There's a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Todd B. Hannon (City Clerk): And that'll be to the May 23rd City Commission. Vice Chair Carollo: 23rd meeting. Chair King: May 23rd City Commission meeting. Commissioner Reyes: May 20 -- it's only two weeks. Only two weeks. Mr. Johnson: Thank you, Commission. END OF RESOLUTIONS City of Miami Page 58 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 15659 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 10/ARTICLE I/SECTION 4 OF THE CODE OF THE CITY Building OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS/IN GENERAL," TO CREATE DIVISION 1 TITLED "BUILDING CODE", ADDING THE FLORIDA BUILDING CODE AND CERTAIN AMENDMENTS THERETO AND CREATING DIVISION 2, TITLED "BUILDING ADMINISTRATION, FEES, WAIVERS, CONTRACTOR AND EMERGENCY REQUIREMENTS," AND RENUMBERING CURRENT SECTIONS 10-1 THROUGH 10-9 TO SECTIONS 10-10 THROUGH 10-20; REPLACING ARTICLE IX, TITLED "FENCE REQUIREMENTS FOR MIAMI CITY COMMISSION DISTRICT 5," AS THAT ARTICLE HAS SUNSETTED WITH A NEW ARTICLE IX TITLED, "CONTRACTOR CODE OF ETHICS; EMERGENCY PLANS FOR CERTAIN BUILDINGS; CERTAIN PERMIT REQUIREMENTS, ENVIRONMENTAL VIOLATIONS; SECURING OF SITES IN EMERGENCIES", FOR THOSE SECTIONS THAT HAVE TO BE RENUMBERED DUE TO THE ADDITION OF NEW DIVISION 1 OF THIS CHAPTER; AND REMOVING ARTICLE XIII, TITLED "FENCE REQUIREMENTS FOR MIAMI CITY COMMISSION DISTRICT 4", AS THAT ARTICLE HAS SUNSETTED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14279 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo Chair King: Second Reading items. Mr. City Attorney, would you please read the titles into the record for our Second Reading items being considered? Todd B. Hannon (City Clerk): And before you do that, Mr. City Attorney, Chair, Commissioner Gabela would like to co-sponsor SR.1. Commissioner Gabela: Yes. Vice Chair Carollo: Okay. George Wysong (City Attorney): Alright, SR.1, Second Reading ordinance. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: SR.2. City of Miami Page 59 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 SR.2 15331 Office of Zoning The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: SR.3. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: Then, lastly, SR.4. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: That's the last second reading. Chair King: May I have a motion for SR.1 -- Commissioner Reyes: Second. Chair King: -- 2, 3, and 4? Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Items carry unanimously. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE IV, DIVISION 2, SECTION 2-207 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT/ZONING CERTIFICATE OF USE REQUIRED; ANNUAL REINSPECTION OF BUILDINGS AND PREMISES; FEES FOR INSPECTIONS AND ISSUANCE OF CERTIFICATES," MORE PARTICULARLY BY AMENDING SECTION 2-207(A) TO PROVIDE FOR A CERTIFICATE OF USE APPLICATION FEE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14280 MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Adopt ADOPTED Joe Carollo, Commissioner Manolo Reyes, Commissioner King, Carollo, Gabela, Reyes Pardo Note for the Record: For minutes referencing Item SR.2, please see Item SR.1. City of Miami Page 60 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 SR.3 ORDINANCE Second Reading 15687 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS/REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES, AND OF DEFAULTED MORTGAGE PROPERTIES" PROVIDING FOR AN AMENDED REGISTRY FEE FOR CERTAIN STRUCTURES THAT ARE VACANT, BLIGHTED, UNSECURED OR ABANDONED AND ARE THREE STORIES AND HIGHER; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14281 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo Note for the Record: For minutes referencing Item SR.3, please see Item SR.1. SR.4 ORDINANCE Second Reading 15763 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 39/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PEDDLERS AND ITINERANT VENDORS/SIDEWALK AND STREET VENDORS", BY CLARIFYING THE DEFINITIONS FOR RIGHT-OF- WAY AND VENDING; PROVIDING FOR PROHIBITIONS AGAINST VENDING IN THE MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN, EXCEPT AS EXPRESSLY APPROVED IN APPENDIX F OF THE MIAMI 21 CODE, AND FOLLOWING THE ISSUANCE OF ANY REQUIRED PERMITS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14282 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo Note for the Record: For minutes referencing Item SR.4, please see "Public Comment for All Item(s)" and Item SR.1. END OF SECOND READING ORDINANCES City of Miami Page 61 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 15923 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION/IN GENERAL," BY CREATING SECTION 38-37, TITLED "NAMING OF EAST SHENANDOAH PARK" TO PROVIDE FOR THE NAMING OF THE PARCEL OF LAND CONSISTING OF APPROXIMATELY 7,692 SQUARE FEET LOCATED AT 1320 SOUTHWEST 21ST STREET, MIAMI, FLORIDA, AND OTHER CONTIGUOUS PARCELS THAT MAY BE ADDED IN THE FUTURE AS "EAST SHENANDOAH PARK"; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE NAMING OF THE PARK; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo Chair King: Mr. City Attorney, would you please read the titles into the record for the First Reading ordinances? George Wysong (City Attorney): Yes, Madam Chair. First Reading 1. The Ordinance was read by title into the public record by the City Attorney. [Later...] Chair King: May I have a motion for FR.1? Commissioner Gabela: Motion. Chair King: I have a motion. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 62 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 FR.2 ORDINANCE First Reading 15956 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Wynwood CHAPTER 62/ARTICLE XIV/SECTION 62-645 OF THE CODE OF Business THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED Improvement "PLANNING AND ZONING/PUBLIC BENEFITS TRUST District Board FUND/ESTABLISHED," TO PROVIDE FOR THE TRANSFER OF NRD-1 PUBLIC BENEFITS TRUST FUNDS COLLECTED BY THE CITY OF MIAMI ("CITY") FINANCE DEPARTMENT ("FINANCE") TO A QUALIFIED PUBLIC DEPOSITORY HELD BY THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID"), ALLOWING FOR THE INVESTMENT OF NRD-1 PUBLIC BENEFITS TRUST FUNDS COLLECTED PURSUANT TO THE CITY'S INVESTMENT POLICY AND SECTION 218.415, FLORIDA STATUTES, PROVIDING FOR THREE (3) YEAR TERMS FOR NRD-1 PUBLIC BENEFITS TRUST FUND COMMITTEE MEMBERS, AND CLARIFYING THAT THIRTY- FIVE PERCENT (35%) OF TOTAL NRD-1 PUBLIC BENEFITS TRUST FUNDS COLLECTED SHALL BE ALLOCATED TOWARDS AFFORDABLE/WORKFORCE HOUSING; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo Note for the Record: Item FR.2 was deferred to the May 23, 2024, City Commission Meeting. George Wysong (City Attorney): FR.2. Chair King: Mr. City Attorney, before you read FR.2, were you able to address the issues that 1 had with FR.2? Mr. Wysong: FR.2, that was the issues relating to the workforce versus affordable housing. We have started the effort. Quite honestly, my recommendation would be that we defer this item -- Chair King: Well, that's what we talked about in my briefing. Mr. Wysong: -- so that we could have the NRD (Neighborhood Revitalisation District) come in. Chair King: Yes, so may I have a motion to defer FR.2? Commissioner Gabela: Motion. Commissioner Reyes: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. City of Miami Page 63 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Todd B. Hannon (City Clerk): And that'll be to May 23rd? Mr. Wysong: That's -- that's -- Chair King: Is that good? Mr. Wysong: That's fine. Chair King: May 23rd. FR.3 ORDINANCE First Reading 15680 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37/SECTION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "OFFENSES — MISCELLANEOUS/MALICIOUS DEFACEMENT, MARKING, ETC., OF REAL PROPERTY," TO PROVIDE FOR AUTHORITY OF CODE COMPLIANCE DEPARTMENT TO MANAGE THE GRAFFITI MITIGATION PROGRAM AND ADD OTHER REQUIREMENTS FOR PARTICIPATION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo Note for the Record: Item FR.3 was deferred to the May 23, 2024, City Commission Meeting. City of Miami Page 64 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 FR.4 ORDINANCE First Reading 15994 Commissioners and Mayor AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 2/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/CODE ENFORCEMENT," MORE PARTICULARLY BY REINSTATING SECTION 2-830 OF THE CITY CODE, TITLED "ALTERNATE CODE ENFORCEMENT SYSTEM," PROVIDING FOR AN ALTERNATE CODE ENFORCEMENT SYSTEM THAT GIVES SPECIAL MAGISTRATES THE SAME AUTHORITY AS THE CODE ENFORCEMENT BOARD TO HOLD HEARINGS AND IMPOSE FINES, COST, LIENS, AND OTHER NON -CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY CODE; PROVIDING FOR THE QUALIFICATIONS, APPOINTMENT, POWERS, COMPENSATION, AND RETENTION OF SPECIAL MAGISTRATES; AND TO AMEND SECTION 2-817(B)(3) OF THE CITY CODE PERTAINING TO IRREPARABLE OR IRREVERSIBLE VIOLATION FINES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo Note for the Record: Item FR.4 was deferred to the May 23, 2024, City Commission Meeting. Chair King: There was an additional request to defer RE (Resolution) -- F -- which one? Vice Chair Carollo: FR.4. Chair King: FR.4. Do I have --? Vice Chair Carollo: For OW commission. Motion. Chair King: I have a motion to defer FR.4 until the May 23rd agenda. Commissioner Gabela: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Commissioner Reyes: Okay. END OF FIRST READING ORDINANCES City of Miami Page 65 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 BC.1 8938 Office of the City Clerk BC.2 14754 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AFFORDABLE HOMEOWNERSHIP LOAN PROGRAM TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 66 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 BC.3 6672 Office of the City Clerk BC.4 15894 Office of the City Clerk RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 67 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 BC.5 15417 Office of the City Clerk BC.6 6958 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commission -At -Large NOMINATED BY: Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 68 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 BC.7 15791 Office of the City Clerk BC.8 15122 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) (Alternate Member) RESULT: NO ACTION TAKEN NOMINATED BY: Commission -At -Large Commission -At -Large Commission -At -Large RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMERCIAL SOLID WASTE MANAGEMENT ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: RESULT: NO ACTION TAKEN Commission -At -Large City of Miami Page 69 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 BC.9 14041 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN AND QUALITY OF LIFE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large City of Miami Page 70 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 BC.10 15420 Office of the City Clerk BC.11 5976 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Damian Pardo Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Felicia Archie AFSCME 871 ENACTMENT NUMBER: R-24-0186 City of Miami Page 71 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 BC.12 15097 Office of the City Clerk MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo Chair King: Mr. City Clerk, do we have any hoard appointments? Todd B. Hannon (City Clerk): Yes. BC.11, Equal Opportunity Advisory Board. AFSCME (American Federation of State, County and Municipal Employees) 871 would like to appoint Felicia Archie as its designee. Chair King: Do I have a motion? Commissioner Gabela: Motion. Commissioner Reyes: Second. Chari King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 72 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 BC.13 7963 Office of the City Clerk BC.14 15794 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER ("LGBTQ") ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Thomas Reyes ENACTMENT NUMBER: R-24-0187 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo NOMINATED BY: Commissioner Damian Pardo Todd B. Hannon (City Clerk): BC.14, LGBTQ (Lesbian, Gay, Bisexual, Transgender, Queer) Advisory Board. Commissioner Pardo would like to appoint Thomas Reyes. Vice Chair Carollo: Move. City of Miami Page 73 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 BC.15 15421 Office of the City Clerk Chair King: 1 have a motion. Commissioner Gabela: Second. Chair King: I have a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S COUNCIL ON GLOBAL COMPETITIVENESS FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large City of Miami Page 74 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 BC.16 15795 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Christine King City of Miami Page 75 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 BC.17 9270 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI TECHNOLOGY COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large Commission -At -Large City of Miami Page 76 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 BC.18 15422 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King City of Miami Page 77 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 BC.19 3693 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large City of Miami Page 78 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 BC.20 15796 Office of the City Clerk BC.21 15893 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Miguel Angel Gabela Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING A CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE NOMINATED BY: John Crabtree Village of Key Biscayne ENACTMENT NUMBER: R-24-0188 City of Miami Page 79 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo Todd B. Hannon (City Clerk): BC.21, Virginia Key Advisory Board. The Village of Key Biscayne is seeking confirmation of John Crabtree as its designee. Chair King: Have a motion? Commissioner Gabela: Motion. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Mr. Hannon: That concludes the Boards and Committees. Thank you, Chair. Chair King: Thank you. END OF BOARDS AND COMMITTEES DI - DISCUSSION ITEM DI.1 DISCUSSION ITEM 15907 A DISCUSSION OF THE MIAMI CITY COMMISSION REGARDING City Manager's ANNUAL BOARD REPORTS. Office MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo Note for the Record: Item DI.1 was deferred to the May 23, 2024, City Commission Meeting. Chair King: And the last item on our agenda is a discussion item, DI.1, annual board reports. George Wysong (City Attorney): I have a request for a shade meeting as well when we're done with that. Chair King: Okay, well I don't see anyone here for -- City of Miami Page 80 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 PZ.1 15113 Department of Planning Todd B. Hannon (City Clerk): Correct, Chair, 1 do not see the chair for the Virginia Key Advisory Board here, so if we could defer that item to the 23rd. Chair King: Okay, item is -- may I have a motion to defer DII to -- Vice Chair Carollo: Move. Commissioner Gabela: Second. Chair King: I have a motion and a second, the item is deferred to May 23rd. END OF DISCUSSION ITEM PART B: PZ - PLANNING AND ZONING ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY ARTHUR NORIEGA, V, CITY OF MIAMI CITY MANAGER AND MIGUEL FERRO, EXECUTIVE DIRECTOR OF BAYFRONT PARK ("APPELLANT"), OF THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD THEREBY AFFIRMING/REVERSING THE CITY OF MIAMI PLANNING DEPARTMENT'S ISSUANCE OF WARRANT NO. PZ-23-16544 ISSUED PURSUANT TO ARTICLE 4, TABLE 12, AND ARTICLE 7, SECTIONS 7.1.1.2 AND 7.1.2.4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO ALLOW FOR THE RECREATIONAL FACILITY USE ON A PARCEL ZONED "CS," CIVIC SPACE TRANSECT ZONE, LOCATED AT 1095 BISCAYNE BOULEVARD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo Note for the Record: Item PZ.1 was deferred to the May 23, 2024, City Commission Meeting. City of Miami Page 81 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 PZ.2 ORDINANCE First Reading 15942 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") SPECIFICALLY BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," TO ESTABLISH A DEVELOPMENT DENSITY BONUS AND ASSOCIATED DEVELOPMENT FLEXIBILITIES FOR DEVELOPMENTS THAT CONTAIN HOUSING FOR THE ELDERLY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo Chair King: May I have -- Mr. City Attorney, would you please read into the record the title for the PZ (Planning and Zoning) item, PZ.2, for consideration? George Wysong (City Attorney): PZ.2. The Ordinance was read by title into the public record by the City Attorney. Chair King: May I have a motion? Vice Chair Carollo: Move. Commissioner Reyes: Second. Chair King: I have a motion and a second. Vice Chair Carollo: Show me as a sponsor also for this. It's very (INAUDIBLE). Commissioner Gabela: Yeah, I just wanted -- Chair King: Commissioner Gabela? Commissioner Gabela: Yeah, I wanted to add, yes I'll be voting for it, but I wanted to add if -- and I think we spoke of this in the record, that we can add, at some point in the future, for these kind of homes for older people, that we can put on the first floors, the -- you know, the clinics for them, you know, that kind of stuff Butjustput in on the record, you guys are going to look into it in the future? David Snow: Yes. Madam Chair, good morning, this is David Snow with the Planning Department. So, yes, we would look into how these future developments can incorporate commercial uses, specifically those uses that serve those elderly housing for future development. City of Miami Page 82 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Commissioner Gabela: Thank you. Chair King: Do you show me as a co-sponsor on this? This is very smart legislation for our elderly. Commissioner Reyes: Yep. Chair King: Do you -- Mr. Snow: Yes, this should include Chairwoman as a co-sponsor. Chair King: And I believe -- who just said -- Commissioner Reyes: Everybody. Commissioner Gabela: I think it was Manolo -- Chair King: It's Manolo's item, but I want to co-sponsor, and you -- Vice Chair Carollo: (INAUDIBLE). Chair King: -- Vice Chair wants to co-sponsor as well. Commissioner Gabela: Yeah, no, no, I'm voting for it. Chair King: But do you want to be a co-sponsor? Commissioner Gabela: Yes. Chair King: Because I know we all -- Commissioner Gabela: Yes. Yes. Chair King: -- have senior -- Commissioner Gabela: Absolutely. Chair King: -- elderly population that could benefit from this. Commissioner Gabela: Absolutely. Chair King: Okay, so I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 83 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 NA.1 16040 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TWO TEMPORARY EVENT LIMITATION PER YEAR FOR THE PRIVATE PROPERTY LOCATED AT 75 NORTHEAST 39 STREET, MIAMI, FLORIDA PURSUANT TO CHAPTER 62/ARTICLE XIII/DIVISION 1/SECTION 62-521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/TEMPORARY EVENT PERMITS/TEMPORARY EVENTS IN GENERAL," TO ALLOW FOR RESERVE PADEL MIAMI EVENTS TO BE HELD FROM MAY 23, 2024 THROUGH DECEMBER 31, 2024. ENACTMENT NUMBER: R-24-0185 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Reyes ABSENT: Pardo Chair King: I believe the City Attorney has a pocket item to read for the record so it can be considered during public comment. George Wysong (City Attorney): This would be yours, Madam Chair. The Resolution was read by title into the public record by the City Attorney. Commissioner Gabela: Motion. Chair King: I have a -- well, well take it up on the -- and the reason why that pocket item is being heard today is because we meet on the 23rd and the event starts then. Commissioner Gabela: So, motion. Chair King: Well, we don't take it up yet. [Later...] Chair King.• May I have a motion for P -- PL 1, Pocket Item I? Commissioner Reyes: Which one is pocket item -- Commissioner Gabela: Pocket Item I? Chair King: Yes, the -- about the padel -- the padel court. It's time sensitive. Commissioner Reyes: Okay. Chair King: Padel. Padel. City of Miami Page 84 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 (COMMENTS MADE OFF THE RECORD) Chair King: Paddle ball. Commissioner Reyes: Okay. Okay. Chair King: It's -- Mr. City Attorney, would you please read it again? George Wysong (City Attorney): Yes, Madam Chair. A resolution -- Chair King: And the reason why it's time sensitive is because the events begin on the 23rd -- Commissioner Reyes: Good, good, I agree -- Chair King: -- we won't have another -- Commissioner Reyes: -- but I just want to -- Chair King: Okay. Commissioner Reyes: -- I just wanted to know what it (INAUDIBLE). Chair King: Go ahead. The Resolution was read by title into the public record by the City Attorney. Chair King: May I have a motion? Commissioner Reyes: Move it. Chair King: I have a motion and a second. Commissioner Gabela: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Commissioner Reyes: Is it going to be pickle ball or? Chair King: Paddle. Padel ball. Commissioner Reyes: Padel ball. Chair King: Yes. Commissioner Reyes: Oh, you like that. City of Miami Page 85 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 NA.2 16043 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CALLING FORA REFERENDUM SPECIAL ELECTION CONCURRENT WITH THE PRIMARY ELECTION TO BE HELD ON AUGUST 20, 2024, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI ("CITY") FOR THEIR APPROVAL OR DISAPPROVAL OF THE FOLLOWING REFERENDUM BALLOT QUESTION: "SHALL THE CITY OF MIAMI KEEP ALREADY INSTALLED OUTDOOR GYM EQUIPMENT LIKE IN MANY OF OUR PARKS AT THE CITY PARK LOCATED AT 1075 BISCAYNE BOULEVARD, MIAMI, FLORIDA 33132, ALSO KNOWN AS MAURICE A. FERRE PARK, TO ENHANCE RECREATIONAL FACILITIES AND PROMOTE COMMUNITY HEALTH AND FITNESS FOR ALL OUR RESIDENTS?"; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THIS RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH REFERENDUM SPECIAL ELECTION; FURTHER DIRECTING THE CITY MANAGER TO MEET WITH THE SUPERVISOR TO NEGOTIATE A REDUCTION OF COSTS FOR PLACEMENT OF THE CITY OF MIAMI'S QUESTION ON THE AUGUST PRIMARY BALLOT; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. ENACTMENT NUMBER: R-24-0180 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes NAYS: Gabela ABSENT: Pardo Chair King: 1 believe Vice Chair has a pocket item that he would like to introduce. Can we have the -- Vice Chair Carollo: Thank you. Chair King: -- City Attorney read it? Vice Chair Carollo: Thank you. This is time sensitive because we have an election in August and we have to give the mayor 10 days for veto, so this is why it's being brought up today in an emergency basis. The -- it's a very, Solomonic resolution, one that this Commission has always agreed to, let people decide. And it basically, says -- and let the City Attorney read it. George Wysong (City Attornev): Thank you, Mr. Vice Chair. The Resolution was read by title into the public record by the City Attorney. City of Miami Page 86 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Chair King: At this time, I'm going to open the floor for public comment. Anyone wishing to speak on behalf of this item, Pocket Item 2, may come forward. Seeing none, public comment period is closed. Do any of -- may I -- any of my colleagues want to make --? I see Commissioner Reyes. Commissioner Gabela: So. Commissioner Reyes: Yes, you see, the only -- the only concern that I have about this is that we don't start a precedent, that -- that any time that we want to do or we want -- any project that we want to do, we bring it up for a vote. And -- and that's my only concern. And I --1 definitely agree that we need public -- I mean, community input. We need input from the people, I mean from residents of Miami, but to make it citywide, it is too broad because most of the people in my district, they don't know what's happening. Vice Chair Carollo: Well, you'd be surprised how many know that go there. This is one offour regional parks. Commissioner Reyes: Yes, it's a regional park. That's the only difference that I have between this park and other parks. Vice Chair Carollo: Yeah. Commissioner Reyes: This is a regional park because everybody enjoys it and everybody goes there and different amenities that every -- the whole city enjoys it. Vice Chair Carollo: Yeah, and that's the difference. Commissioner Reyes: That's the importance of this park. Vice Chair Carollo: Yeah. That's the difference. This is why this would not be something that would come up and come up in any park that would happen. And you've always been one that always has felt like the people decide. Well, this is a regional park for everyone. Not everyone has a gym in their building or is able to ajfbrd to have one in their home. And even those that have gyms in their buildings, they also like to go out and exercise in the open air. So this is one that, this is the people's park. It's for everyone to enjoy. Let them decide. Commissioner Reyes: Yes, I -- Vice Chair Carollo: Let them decide. Commissioner Reyes: -- and I -- Chair King: Hold on, Commissioner, but Commissioner Gabela would like to speak. Commissioner Gabela: Yeah, the only thing I'm going to say is that our colleague, which it's his area, and I understand your point that it's a regional park, I understand that, but my, colleague, that's also going to affect him is not here, and that's the only concern that have with voting. City of Miami Page 87 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Vice Chair Carollo: Well, he's not going to he affected because whichever way he feels on it, he can campaign for it. This is not something that is going to affect him in the sense that we voted for something that is going to be established or not established. This is going to be for people, the residents of Miami -- Commissioner Gabela: No, I understand. Vice Chair Carollo: -- to decide. We're not deciding, it's going to be the residents. We're putting it on the ballot. Commissioner Gabela: I understand. Chair King: So, do I have a motion? Vice Chair Carollo: Motion. Chair King: Do I have a second? Do I have a second? I'll be the second. I have a motion and a second. All in favor? Commissioner Reyes: Aye. Vice Chair Carollo: Aye. Chair King: Aye. Commissioner Gabela: No. Todd B. Hannon (City Clerk): As amended. Chair King: As amended. Mr. Hannon: 3-1. Commissioner Reyes: As amended. Chair King: Motion carries, 3-1. City of Miami Page 88 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 NA.3 16045 Office of the City Clerk DISCUSSION ITEM UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE MAY 23, 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 THE MAD ROOM LLC D/B/A BALL AND CHAIN, ALTOS MEXICANO, LLC D/B/A TAQUERIAS EL MEXICANO, LITTLE HAVANA ARTS BUILDING, LLC, AND LA GRAN FIESTA, LLC V. CITY OF MIAMI, CASE NO. 21-CV- 23485-RKA, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA; TOWER HOTEL, LLC, A FLORIDA LIMITED LIABILITY COMPANY PIEDRA VILLAS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, BEATSTIK, LLC, A FLORIDA LIMITED LIABILITY COMPANY EL SHOPPING, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND YO AMO CALLE SIETE, LLC, A FLORIDA LIMITED LIABILITY COMPANY V. CITY OF MIAMI, CASE NO. 2022-008069-CA-44, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA, AND TOWER HOTEL, LLC, A FLORIDA LIMITED LIABILITY COMPANY PIEDRA VILLAS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, BEATSTIK, LLC, A FLORIDA LIMITED LIABILITY COMPANY EL SHOPPING, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND YO AMO CALLE SIETE, LLC, A FLORIDA LIMITED LIABILITY COMPANY V. CITY OF MIAMI, CASE NO. 3D23-285, PENDING IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA, THIRD DISTRICT, 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 THE CHAIRWOMAN CHRISTINE KING, VICE-CHAIRMAN JOE CAROLLO, COMMISSIONERS MIGUEL ANGEL GABELA, MANOLO REYES, AND DAMIAN PARDO; THE CITY MANAGER, ARTHUR NORIEGA, V; THE CITY ATTORNEY, GEORGE K. WYSONG III; CHIEF DEPUTY CITY ATTORNEY JOHN A. GRECO; DEPUTY CITY ATTORNEY KEVIN R. JONES, ASSISTANT CITY ATTORNEYS ERIC EVES, AND MARGUERITE SNYDER, AND CITY OF MIAMI'S OUTSIDE COUNSEL RAQUEL A. RODRIGUEZ ESQ., MICHAEL E. DUTKO ESQ., AND ANGEL A. CORTIIVAS, ESQ. 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. RESULT: DISCUSSED City of Miami Page 89 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 Chair King: And I have a request from the City Attorney. George Wysong (City Attorney): Thank you. Mr. Chairman -- Madam Chairman and members of the Commission, pursuant to the provisions of Section 286.011(8), Florida Statutes, I'm requesting that at the City Commission meeting of May 23rd, 2024, an attorney -client session closed to the public be held for purposes of discussing the pending litigation in the matters of 1) The Mad Room LLC (Limited Liability Company) d/b/a (Doing Business As) Ball and Chain, Altos Mexicano, LLC d/b/a, Taquerias El Mexicano, Little Havana Arts Building, LLC, and La Grande Fiesta, LLC vs. City of Miami, Case Number 21-CV-23485-RKA, pending in the United States District Court for the Southern District of Florida; 2) Tower Hotel, LLC, a Florida limited liability company, Piedra Villas, LLC, a Florida limited liability company, Beatstik, LLC, a Florida limited liability company, El Shopping, LLC, a Florida limited liability company, and Yo Amo Calle Siete, LLC, a Florida limited liability company vs. City of Miami, Case Number 2022-008069-CA-44, pending in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida, and Tower Hotel, LLC, a Florida limited liability company, Piedra Villas, LLC, a Florida limited liability company, Beatstik, LLC, a Florida limited liability company, El Shopping, LLC, a Florida limited liability, company, and Yo Arno Calle Siete, LLC, a Florida limited liability company vs. City of Miami, Case Number 3D23-285, pending in the District Court of Appeal of the State of Florida, Third District, 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 includes Chairwoman Christine King, Vice Chairman Joe Carollo, Commissioner Miguel Angel Gabela, Manuel [sic] Reyes, and Damian Pardo, the City Manager Arthur Noriega V, the City Attorney George K. Wysong 111, Chief Deputy City Attorney John Greco, Deputy City Attorney Kevin Jones, Assistant City Attorney Eric Eves, and Marguerite Snyder, and City of Miami's outside counsel Raquel A. Rodriguez, Esquire, Michael E. Dutko, Esquire, and Angel A. Cortin.as, Esquire. 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. At the conclusion of the attorney -client session, the regular commission meeting will be reopened and the person chairing the commission meeting will announce the termination of the attorney -client session. Thank you, Madam Chair. Chair King: Thank you. Vice Chair Carollo: Excuse me. Chair King: And at this time -- Vice Chair Carollo: Excuse me. Chair, the City Attorney needs to make a correction from now, and ever. It's not Manuel, it's Manolo. I know we all look alike, but Manuel. Chair King: And at this time -- Mr. Wysong: A thousand apologies, sir. City of Miami Page 90 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 NA.4 16046 Office of the City Clerk DISCUSSION ITEM CITY COMMISSIONERS ACKNOWLEDGED COMMISSIONER MANOLO REYES' BIRTHDAY AND TOGETHER WITH MEMBERS OF THE AUDIENCE IN CHAMBERS SANG "HAPPY BIRTHDAY". RESULT: DISCUSSED Chair King: At this time, I believe we have a special presentation for one of our special colleagues' (FOREIGN LANGUAGE) for Commissioner Reyes. Happy birthday. Applause. Chair King: Happy birthday. Vice Chair Carollo: 21? Commissioner Reyes: (INAUDIBLE). Chair King: (INAUDIBLE) another trip around the sun successfully. Commissioner Reyes: Yeah -- Vice Chair Carollo: At our age, we don't count the years. Commissioner Reyes: Thank you to all of you. Thank you very, much. And I mean, I thank you also for all your prayers. You see, I don't know, everybody is asking me, I mean, what's my birth date? I don't know if I should inform you that it is 80 or 1, because a few months back I had a -- one of my -- I had a foot in the cemetery, because I was -- I had -- they found this horrible disease, but now I'm in remission, so I should start counting from now on because it's like I was born again. And I thank you very, much for all your prayers. Thank you for your love and I love you all. Thank you. Thank you. Thank you very much. Applause. Commissioner Reyes: In God we trust. Vice Chair Carollo: That's right. That's why he's here. Commissioner Reyes: In God we trust. Yes, I'm a man of faith and I -- I always knew that the power of prayers will keep me here because I think the Lord has a mission for me and 1 have not fulfilled it yet. I still have something else that we want to do for the benefit of the city of Miami and he wants me here. Well, I'm going to stay here and do my duty. Applause. Commissioner Gabela: Happy birthday, and -- happy birthday, Manolo. Commissioner Reyes: (FOREIGN LANGUAGE). City of Miami Page 91 Printed on 06/26/2024 City Commission Meeting Minutes May 9, 2024 ADJOURNMENT Chair King: And this concludes the City of Miami Commission meeting for May 10th [sic], 2024. Thank you all. Applause. The meeting adjourned at 11:42 a.m. City of Miami Page 92 Printed on 06/26/2024