Loading...
HomeMy WebLinkAboutCC 2024-07-11 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, July 11, 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 July 11, 2024 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Gabela, Commissioner Pardo and Commissioner Reyes On the Ilth day of July 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 9:28 a.m., recessed at 12: 00 p.m., reconvened at 2:30 p.m., recessed at 2:32 p.m., reconvened at 3:25 p.m. and adjourned at 3:29 p.m. Note for the Record: Commissioner Pardo entered the Commission chambers at 9:29 a.m., Commissioner Reyes entered the Commission chambers at 9:29 a.m., Commissioner Gabela entered the Commission chambers at 9:30 a.m., and Vice Chair Carollo entered the Commission chambers at 9:54 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager George K. Wysong III, City Attorney Todd B. Hannon, City Clerk Chair King: And at this time we are going to open our meeting with prayer. We have Pastor Rodney Edwards today honoring us with the prayer for the meeting from the Church of God Evening Light. Good morning. Rodney Edwards: Good morning everyone. My name is Rodney Edwards, pastor for the Church of God Evening Light, 235 Northeast 47th Street. Glad to be here with you all. This time we look to God in a word of prayer. Invocation delivered. Mr. Edwards: God bless everyone. It's a privilege to he here. I'm (INAUDIBLE). Chair King: Thank you. Thank you for that. Prayer changes things. Pledge of Allegiance delivered. Chair King: Thank you. City ofMiami Page 1 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 16355 PROTOCOL ITEM Honoree Presenter Protocol Item The City of Miami Department of Fire- Rescue Mayor and Commissioners Proclamation City of Miami Police Explorers Mayor and Commissioners Proclamation Dr. Pablo Herde Mayor and Commissioners Proclamation RESULT: PRESENTED Chair King: Welcome to the City of Miami Commission meeting for July 11 th, 2025 [sicJ. We are going to get started with the recognition portion of our meeting as we do. Are -- are my colleagues here? Waiting for a couple of my colleagues to join me. I believe we are ready to start. I have three of the_ four of my colleagues here joining me. Presentations made. 1) Mayor Suarez and Commissioners presented a Proclamation to commend and recognize The City of Miami Department of Fire -Rescue. The City of Miami Department of Fire -Rescue was one of 40,000 fire departments evaluated by the Insurance Services Office (ISO) on the level offire protection and safety they provide to their community. Fire departments receive a Public Protection Classification rating of Class 1 through Class 10, and they are evaluated on water supply, emergency communications, annual training, and fire department equipment, apparatus, staffing, geographic distribution of fire companies, operational considerations, and risk reduction. Statistics show that only one percent (IN of fire departments across the nation receive a Class 1 rating, and even more astounding is that only 1% receive a credit score of more than 100. Since 1915, the City of Miami Department of Fire -Rescue has consistently maintained a Class 1 rating, demonstrating their unwavering commitment to excellence in fire protection and public safety. The City of Miami Department of Fire -Rescue is recognized as being part of the one percent of the one percent across the nation, working every day striving for excellence. This recognition serves as a critical metric for the department's ability to respond promptly to medical emergencies such as heart attacks and strokes, motor vehicle accidents, and structure fires, thus saving lives and protecting property. Elected Officials paused in their deliberations of governance to acknowledge and commend the City of Miami Department of Fire - Rescue, for their outstanding achievement in being awarded the ISO Class 1 Rating, reflecting their exceptional service and dedication to the safety of the community. 2) Mayor Suarez and Commissioners presented a Proclamation to commend and recognize The City of Miami Police Explorers — Post 106, 122, & 162. During March 2024, the Miami -Dade County Region conducted a Police Explorer Competition. The competition aims to award the best police explorer post in Miami - Dade County. Over 200 young men and women showcased their knowledge and City ofMiami Page 2 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 tactics in scenarios involving Tragic Stops, Domestic Violence, Crime Scenes, In - Progress, Search and Arrest, and Crisis Intervention. The Miami Police Department took to the competition three different posts representing all our city neighborhoods. The Miami Police Department Officers mentored and trained 29 young police explorers to succeed in public service, education, and preparation for a future career in law enforcement. The police explorers post was judged based on proficiency and graded by law enforcement officers from different agencies throughout the county and at the conclusion of their assessment, the explorers of Post 106 accumulated a combined score of 520 points awarding them second place amongst all police explorer posts in the region. Post 122 accumulated a combined score of 510 points, awarding them the third place explorer post in the region. Along with showcasing their law enforcement knowledge, the explorers also devote their time and effort to their communities. Throughout the year, the explorers participate in food drives, parades, holiday giveaways, and many other charitable events to aid in our agency's mission of strengthening relationships within our communities. Elected Officials paused in their deliberations of governance to acknowledge and commend the achievements of the City of Miami Police Explorers — Post 106, 122, & 162. 3) Mayor Suarez and Commissioners presented a Proclamation to commend and recognize Dr. Pablo Herde. Dr. Herde is a distinguished Venezuelan surgeon, graduated from the University of Carabobo and completed his postgraduate studies at the Venezuelan Institute of Social Security, .further enhancing his expertise with a fellowship in Cosmetic Surgery at Bal Harbor Plastic Surgery Associates in Miami under the mentorship of Dr. Michael Salzhauer. Dr. Herde has had the privilege of working alongside esteemed medical professionals including Dr. Carlos Lanz, creator of the points diet, Dr. Ary Krau, star of the Fox show Miami Slice, and currently with Dr. Daniel Careaga, thereby contributing significantly to the field of aesthetic medicine. Dr. Herde has excelled in aesthetic medicine and nutrition, serving as the editor of Veintiseven magazine and contributing to the preparation team for Miss Universe candidates, as well as collaborating with major media outlets such as Telemundo, Univision, Enlaces magazine, Columna Estilos, Estilos Blog, Terra portal, and the Hungton Post. Dr. Herde is a dedicated philanthropist, actively participating in the Red Cross and Rotary Club International, and St. Jude Hospital. Following the devastating earthquake in Haiti, Dr. Herde has been instrumental in social work through the Protesis sin Fronteras Foundation, donating prostheses to young individuals who have lost limbs, thereby improving their quality of life. Dr. Herde is also an accomplished author, co-authoring the book "My Beautiful Mom" and presently working on his second book. Elected Officials paused in their deliberations of governance to acknowledge and commend the outstanding contributions of Dr. Pablo Herde. City of Miami Page 3 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission - City Commission Meeting - Apr 25, 2024 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Gentlemen, may I have a motion to approve the Commission minutes for April 25th -- Commissioner Reyes: Move it. Chair King: -- and May 9th? Commissioner Reyes: Move it. Commissioner Pardo: Second. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. AM.2 City Commission - City Commission Meeting - May 9, 2024 9:00 AM MOTION TO: Approve RESULT: APPROVED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item AM.2, please see Item AM.1. MV - MAYORAL VETO(ES) There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. ORDER OF THE DAY END OF MAYORAL VETO(ES) Chair King: Mr. City Attorney, would you please read your statement for the record? City of Miami Page 4 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 George Wysong (City Attorney): Yes, Madam Chair, thank you. George Wysong, City Attorney. Detailed information about the processes, order of business, rules of procedure, and scheduling or rescheduling of City Commission meetings can be found in Chapter 2, Article 2 of the City Code, a copy of which is available online at www.municode.com. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and comply with the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the code section about lobbyists is available in the City Clerk's Office or online at www.municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of the City Code section is available at the Office of the City Clerk or online at www.municode.com. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. In accordance with Section 2-3309 and (g) of the City Code, the agenda and the materials for each item on the agenda is available during business hours at the City Clerk's Office and online, 24 hours a day at www.miamigov.com. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission unless modified by the Chair. Public comment will begin at approximately 10:00 a.m. and remain open until public comment is closed by the Chairperson. Members of the public wishing to address the body may do so by submitting written comments via the online comment form. Please visit www.miamigov.com/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been and will be distributed to the elected officials, their staff and City Administration throughout the day so that the elected officials may consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to elected officials, their staff and the City Administration up until the Chairperson closes public comment. Public comment may also be provided live at City Hall located at 3500 Pan American Drive, Miami, Florida, subject to any and all City rules as they may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must first state their name, their address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids, and services for this meeting may notify the City Clerk. The City has provided different public comment methods to indicate, among other things, the public's support, opposition, or neutrality on the items and topics to be discussed at the City Commission meeting in compliance with Section 286.0114(4)(c), Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting. Please note, Commissioners have generally, been briefed by City staff and the City Attorney's Office on items on the agenda today. Anyone wishing a verbatim record of an item considered at this meeting may request it at the Office of Communications or view it online at www.miamigov.com. Planning and Zoning items 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 as the applicant's representatives and any experts testifying on behalf of the applicant, appellant, or appellee may be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk. The members of the City Commission shall disclose City of Miami Page 5 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 any ex parte communications to remove the presumption of prejudice pursuant to Florida Statutes 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. The order of presentation shall be as set forth in Miami 21 and in the City Code. Staff will briefly present each item to be heard. The applicant will present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. Please silence all cell phones and other noise -making devices. This meeting can be viewed live on Miami TV, the City's Facebook page, the City's Twitter page, the City's YouTube page, and Comcast Channel 77. The broadcast will also have closed captioning. Thank you, Madam Chair. Chair King: Thank you, Mr. City Attorney. Mr. City Clerk, would you please read your statement for the record? Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for Planning and Zoning items and any quasi-judicial items on today's City Commission agenda will be as follows: The members of City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk, immediately after I finish explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for Planning and Zoning items and/or quasi-judicial items. Commissioners, are you comfortable with all the notice provisions set forth in these uniform rules and procedures we have established for this meeting? Chair? Chair King: Yes. Mr. Hannon: May I administer the oath for the Planning and Zoning items? Chair King: Please. Mr. Hannon: Thank you, Chair. Good morning, ladies and gentlemen. If you will be speaking on any of today's Planning and Zoning items, the PZ items, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair King: Thank you. At this time, Mr. Manager, are there any items on the agenda that are going to be deferred or withdrawn? Arthur Noriega (City Manager): Good morning, Madam Chair, Commissioners, Mr. City Attorney, Mr. City Clerk. At this time, the Administration does not have any items to defer and/or withdraw. Chair King: I'm going to ask my colleagues as well. Mr. Vice Chair, do you have any items that you would like to withdraw or defer from this agenda? Vice Chair Carollo: Not at this point in time. Not at this point in time, Madam Chair. I would like to leave a couple of items for the afternoon session. Would you like me to go into them or --? City of Miami Page 6 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Chair King: No, we can -- Vice Chair Carollo: Okay. Chair King: -- address that after. Vice Chair Carollo: Okay. All right. Chair King: Let me just -- let's get the agenda approved. Commissioner, do you have anything? Commissioner Gabela: So, I was going to say one thing. In the briefing, I believe the City Manager wanted us to take FR.1 first. Is that the indication? Mr. Noriega: Yeah, we -- I spoke to the -- Chair King: Before 11. Mr. Noriega: Yeah, yeah, just -- Chair King: I believe we can get to it before 11, and if we run close to time, I'll stop what we're doing and take it up. Commissioner Pardo? Commissioner Pardo: None, none. Chair King: Commissioner Reyes? At this time, may, I have a motion --? Mr. Hannon: My apologies. There is one pocket item. May I just introduce that into the record? Chair King: Yes, please, Todd. Mr. Hannon: Thank you, Chair. Chair King, sponsoring a resolution directing the City Attorney to prepare a charter amendment question to be heard at the July 25th City Commission meeting regarding the Citv's residency requirement to run .for Mayor and Commissioner. I can read the title of the pocket resolution. A resolution of the Miami City Commission directing the City Attorney to prepare an amendment to the Charter of the City of Miami, Florida, as amended, for consideration of the special election to be held on November 5th, 2024, proposing upon approval of the electorate to amend Section 4 of the Charter, titled `Form of Government, Nomination and Election," to require continuous residency immediately preceding qualifying for the office of commissioner and mayor, providing for an immediate effective date. Thank you, Chair. Chair King: Thank you. May I have a motion -- Commissioner Gabela: Motion. Chair King: -- to set the agenda? I have a motion -- Commissioner Pardo: Second. Chair King: -- and a second. No, not necessary? Mr. Hannon: No motion's necessary. Chair King: For the agenda? City ofMiami Page 7 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Mr. Hannon: For the agenda, no, because you're not deferring or withdrawing -- Chair King: Okay, I got you. PUBLIC COMMENT FOR ALL ITEM(S) Chair King: Okay. At this time, we will open the floor for public comment. If anyone is here who would like to speak on the items on our agenda, please step forward. Thank you. Good morning. Rick Madan: Good morning, Madam Chair, Commissioners. My name is Rick Madan. I'm the president of the Biscayne Neighborhoods Association and I live at 2900 Northeast 7th Avenue in Miami. The Biscayne Neighborhood Association supports RE.8, the proposal to redevelop the northern side of Watson Island. The proposal aims to create much -needed public spaces and amenities for Miami residents, including a new public park, which has generated significant excitement within our community. BNA (Biscayne Neighborhoods Association) represents condo associations in Edgewater and Midtown neighborhoods. The redevelopment would provide essential green space and public amenities near the BNA's area of operation, greatly enhancing the quality of life for residents. The new park promises to be a valuable addition, offering improved air quality, reduced groundwater runoff and increased property values. BNA emphasizes the importance of maintaining open dialogue throughout the development process to ensure community needs and concerns are addressed, including a transparent discussion of traffic studies to mitigate any potential impact on the neighborhood. The BNA also strongly advocates for the impact fees and other tax dollars generated by District 2 to be reinvested in infrastructure projects within our community. This reinvestment would ensure long- term commitment to the well-being of our residents and support improvements like flood mitigation, waste management, and pedestrian safety measures. The tax base in District 2 has grown immensely, yet Edgewater and surrounding neighborhoods continue to face critical infrastructure challenges. Flooding during heavy rains disrupts daily life. Overflowing garbage bins create sanitation concerns, and uneven sidewalks pose safety hazards for pedestrians. We need some of these funds to address these issues and create a more livable envirorunent for all residents. Investing in District 2's infrastructure not only benefits our residents but also strengthens the overall appeal of Miami as a cornerstone -- Chair King: Thank you. Mr. Madan: -- of the City's urban core, a well -maintained District 2 benefits all of Miami. Thank you for your support. Chair King: Thank you. Good morning. Grady Muhammad: Good morning, Grady Muhammad, Chairman of AFLOW, A Future Leader of the World. Resolution 8, we have to understand, was from 2007 with Parrot Jungle. It was sold to ESJ. Now it's being sold to Ecoresiliency to do condominiums. Well, jobs, 603 jobs was promised to the black community. None of those jobs were ever done. Then they proposed a hotel. That was not done. I can assure you, these condos will be done. I'm not against the project. 13.3 acres of the public park at their expense is great. But whatever happened to the jobs that the black community was supposed to get? The Section 108 loan would be repaid to the City and the County. I'm the one who, at that time, was a Miami -Dade County resident, now a City of Miami resident, that had the County transfer the 80 percent from the County to the City. Jobs was never -- jobs was promised. Jobs was never City of Miami Page 8 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 given. One maybe unit may cost $5 million. There was never any slum and blight, which is what you need with the Section 108. That's always been prime City of Miami real estate. It is now even more valuable now. Millions and millions of dollars (INAUDIBLE) never come to the black community. The Community Development Block Grant, CDBG. Our census tract, demographic density of poverty, poverty statistics, and demographics of poverty bring down these federal revenue sharing dollars. Well, this is 2024. It started in 1974, 50 years, when the black community was still poor. With this development, you all have a right to approve it, but the black community must get something out of this deal because we've been promised. We're getting tired of getting played while everybody else is getting paid. This is my son. He's now -- he just graduated. He was two years old. Now he's 18 and he's graduated and we're still getting played and everybody else is getting paid. Thank you, Commissioner. Chair King: Thank you. Good morning. Jeffrey Dorfman: Good morning. My name is Dr. Jeffrey Dorfman. I'm on the board of directors of Biscayne Neighborhoods Association and a treasurer. BNA now represents 7,000 departments in Edgewater and growing rapidly. I am here in support of RE.8. We in the neighborhood like the idea of getting a 13-acre park on Watson Island, wherein the developer is willing to take care of the park. On the issue with greenspace, Edgewater is in need of our own tax dollars staying more so in Edgewater for the infrastructure, flood mitigation, transportation and green space because we currently have 7,545 new units currently being built or planned in Edgewater alone. Edgewater is a major donor town financially for the City of Miami. We need -- and more than hallo'. our tax dollars are leaving, but we need it for those issues. We want everyone, all the Commissioners in the City of Miami to recognize and work with our District 2 Commissioner to work towards not choking off the financial engine of the City by leaving more tax dollars in District 2 so we can take care of our needs so we can grow and help other districts. Thank you very much. Chair King: Thank you. Good morning. Eric Zichella: Good morning, Madam Chair. Eric Zichella, 2100 Coral Way on RE.10. This item is related to the RTZ (Rapid Transit Zone). I'm not going to tell you anything that you don't know, but there's an affordability crisis in this community right now, largely driven by a lack of supply that's available in the marketplace. And while the litigation's ongoing related to -- between the City and the County related to rapid transit zoning, the financing markets are essentially frozen. And any developer who owns a piece of property that's zoned in the RTZ can't get financing right now for construction during the pendency of your litigation. So, to the extent that you all wish to go forward and prosecute this litigation further, my only request to you would be that you strongly consider giving your City Attorney direction to resolve it as expediously [sic] as possible and to resolve it as a matter of law rather than the facts. So, you know, this is a matter of law. You can drag it out, make it last a lot longer by making it a trial of facts, but we encourage you to give your City Attorney direction to resolve this as a matter of law. Thank you for your time. Chair King: Thank you. Good morning. Orlando Alonso: Good morning. (FOREIGN LANGUAGE), Chairwoman, Commissioners. My name is Orlando Alonso and I am here to inspire you all as champions of the Olympia Theater. Remember that place? Today you have a shade meeting to discuss a lawsuit with the Gunman family. It's item AC.1 on your agenda. In 1975, Maurice Gusman donated the Olympia Theater to the City of Miami. Now the Gusman family wants it back as it has been neglected by the City. Can you blame City ofMiami Page 9 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 them? This is your chance to prove them wrong. The future of downtown Miami's beautiful historic theater is in your hands. I trust you will not give up our City's most treasured asset. This is one of the world's most beautiful theaters where Celia Cruz, Elvis Presley, and Pavarotti have performed. If you have not visited your own treasure lately, please ask City Manager, Art Noriega, to take you all on a tour. He helped save the Olympia Theater before, and I'm sure he would like to save it again, but he needs your help. What you may not know is that the City already has a plan that has not been enacted. Showing that judge that plan and putting it into motion will show the Gusman family and the rest of the world that Miami can restore its greatest historic asset. A few years ago, the City hired the architect Richard Heisenbottle to calculate a budget for restoration of the theater and draw up designs. The City put together an RFP (Request for Proposals) seeking a developer to restore and activate the theater. 1 know that this RFP received zero bids. 1 know that because I was one of the bidders ready to bid for this project. Unfortunately, the City needs to rethink how this RFP can be reissued, and I would love to talk to you and your teams if you give me the opportunity on how to make this work and how to make it better. My name is Orlando Alonso. I'm a Cuban -American pianist, conductor, entrepreneur. I live here in Miami and I am at your disposal. Thank you. Chair King: Thank you. Good morning. Madelyn Llanes: Good morning, my name is Madelyn Llanes. I'm the executive director of Centro Mater. I am here on behalf of the thousands of children and families that we serve, and I'm here also to personally thank Commissioner Carollo Pr Item PH13, for his unconditional and always supporting our mission. For some of you that I have not met, the new commissioners, Centro Mater has been in the community for close to 60 years. It started as a place where the children arriving from Cuba in the 60s will go while their parents were making a new life in Miami. And the mission has continued. The essence is still there. And Commissioner Carollo has been with us every step of the way since he was mayor of Miami. He knows about what we do and how we change lives. And we do this with the utmost pride, because it's an honor to serve, especially the future of this community. So through our doors, thousands of thousands have come in looking for a better life. And I'm still -- we're still standing, stronger than ever. And it is because of the support of the City of Miami, our commissioner, that not only support us through the CDBG and other funding, but also backpack drives for the beginning of the school year, food donations during Thanksgiving, Christmas, and many other things that are available to our community. He's there, so 1 thank you, Commissioner, for all your support, and also the City of Miami for many, many years of wonderfitil and rich relationship. And I invite each and all of you to visit Centro Mater. We are on the corner of 4th and 4th in Little Havana. Thank you. Chair King: Thank you. Good morning. Good morning, Mr. Torres. James Torres: Good morning. How are you today? Chair King: No complaints. Mr. Torres: Good. I have some. Just kidding. I'm kidding. James Torres, president of the DNA (Downtown Neighbors Alliance). The Board of Directors and myself as president, would like to support RE.8 and 9. We do have a letter of support on that that I'd like to hand to the Clerk. You heard earlier today from our counterparts in Edgewater as it relates to the green space that could be coming back to that area. We fully support that. One of the caveats that we've asked for on the developer side is that it's a passive park as a non -entertainment park, a true park, so that way we get away from all the noise ordinances and things of that issue. So if you would please consider that as well in that. The next item that I'd like to speak on is SR.3, City of Miami Page 10 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 the homeless issue that was brought up by Commissioner Reyes. We'd like to thank you for bringing that up. We do want to champion that with you. And also the Mayor's Office has been supportive of that as well with Debbie Bias helping us on a regular basis. However, there's one thing that we'd like to ask you, Commissioner Reyes, is to please include some type of language in terins of enforcing the feedings that are happening because that's been a very lackadaisical approach by the City and is constantly creating issues in the Downtown core with the trash that's left over on the weekends. Commissioner Reyes: Madam Chair, if I may. Yes, I'm aware of it and I have been talking to -- we're talking to them, the department that is in charge of that, because they are not fulfilling -- the department's not doing the job that it was requested for them to do, because every time there is a feeding, they must have all the people there that provide support for the homeless. Mr. Torres: Correct. Commissioner Reyes: And we are not doing that, and we have to enforce it, the police department and everybody else have to enforce that. Mr. Torres: Okay, Commissioner Reyes: We don't need a resolution or anything. We need a directive. Mr. Torres: But as long as we are able to enforce that with the will of the body pushing that forward that would greatly help the downtown area. Commissioner Reyes: Yes, I understand what you're saying. I've been a witness and I am not too happy with what I've seen. Mr. Torres: Okay. Commissioner Reyes: Thank you. Mr. Torres: Greatly appreciate that. So basically the support is for SR.3 and then RE.8 and 9 which was brought up by Commissioner Pardo as well to move forward and we greatly thank you for your time. Chair King: Thank you. Mr. Torres: Thank you. Chair King: Good morning. Steven Wernick: Good morning Madam Chair, Commissioners. Steve Wernick, address 396 Alhambra, here today on behalf of 5900 West Little Haiti LLC (Limited Liability Company) and Midgard Group on Items PZ.3 and 4. These are land use and zoning changes which in part will help keep the Laundromat art space and the working artists in the community, in Little Haiti. We have worked very closely with a number of stakeholders in the neighborhood, residents, business owners, property owners. We've worked with the Little Haiti Revitalization Trust and these are really just focusing on making sure we can continue to make positive improvements in the community. We do have also, I forgot to mention, just great support from the Planning Department and the Planning, Zoning, and Appeals Board has recommended approval on these items. I do have today a copy of a letter of support that was issued by the Little Haiti Revitalization Trust that I'll put into the record, as well as a covenant that is associated with Item PZ.4. And again, this has been City ofMiami Page 11 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 thoroughly discussed and with a lot of input from folks in the community. And we very much appreciate your support today. Thank you. Chair King: Thank you. Is there anyone else that would like to speak? Seeing none, the public comment period is now closed. 16369 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE JULY 11, 2024 CITY COMMISSION MEETING. RESULT: PRESENTED City ofMiami Page 12 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes CA.1 RESOLUTION 16137 Department of Procurement A RESOLUTION OF THE MIAMI CITY COMMISSION, ACKNOWLEDGING AND ACCEPTING THE COOPERATIVE PROCUREMENT BENEFITS OF THE NATIONAL ASSOCIATION OF STATE PROCUREMENT OFFICIALS ("NASPO"), A NON- PROFIT ASSOCIATION DEDICATED TO ADVANCING PUBLIC PROCUREMENT THROUGH LEADERSHIP, EXCELLENCE, AND INTEGRITY, THAT ENABLES THE CITY OF MIAMI ("CITY"), AS ONE OF THE PARTICIPATING MEMBER PUBLIC ENTITIES ("PARTICIPATING PUBLIC ENTITIES"), TO AGGREGATE ITS PURCHASING VOLUME WITH THAT OF OTHER PARTICIPATING PUBLIC ENTITIES, IN ORDER TO REALIZE A LARGER PERCENTAGE DISCOUNT PRICING STRUCTURE FOR THE FINANCIAL BENEFIT OF THE RESIDENTS OF ALL; PURSUANT TO SECTION 18-113 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AUTHORIZING THE ACCESSING OF ALL COMPETITIVELY SOLICITED AND AWARDED CONTRACTS AVAILABLE VIA NASPO, SUBJECT TO ANY AMENDMENTS, RENEWALS, EXTENSIONS, NEW AND/OR REPLACEMENT CONTRACTS BY NASPO, TO BE UTILIZED CITYWIDE ON AN AS NEEDED CONTRACTUAL BASIS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS, NEW AND/OR REPLACEMENT CONTRACTS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0252 This matter was ADOPTED on the Consent Agenda. City ofMiami Page 13 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 CA.2 RESOLUTION 16160 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING TWO (2) RIGHT-OF-WAY DEEDS AND ONE (1) QUIT CLAIM RIGHT-OF-WAY DEED OF DEDICATION AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("DEEDS"), FOR RIGHT-OF-WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A COPY OF THE DEEDS. ENACTMENT NUMBER: R-24-0253 This matter was ADOPTED on the Consent Agenda. END OF CONSENT AGENDA Chair King: We are now on the consent agenda. Commissioner Reyes: Move all the CAs (Consent Agenda). Chair King: Do I have -- would anyone like to pull CA.1 or 2 for discussion? In that case, may I have a motion? I have a motion. Vice Chair Carollo: Hold on, hold on. Commissioner Gabela: Second. Chair King: And a second. Vice Chair Carollo: Hold on, please. Chair King: Hold on one second. Vice Chair Carollo: Just give me one second to go over it. Commissioner Reyes: You're getting slow, you know that? Vice Chair Carollo: I didn't take my smart pill like you did today. Commissioner Reyes: I saw them take it. Vice Chair Carollo: Well, I could walk without being held by the hand. Commissioner Reyes: That's right. Vice Chair Carollo: Okay, all right. Chair King: 1 have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 14 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 PH - PUBLIC HEARINGS PH.1 RESOLUTION 16085 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") ENTITLEMENT GRANT FUNDS, IN THE TOTAL AMOUNT OF $22,821,553.00 FOR THE FOLLOWING PROGRAMS IN THE FOLLOWING AMOUNTS: (1) $5,090,474.00 FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM, (2) $2,988,177.00 FOR THE HOME INVESTMENT PARTNERSHIPS ("HOME") PROGRAM, (3) $14,272,865.00 FOR THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM, AND (4) $470,037.00 FOR THE EMERGENCY SOLUTIONS GRANTS ("ESG") PROGRAM FOR FISCAL YEAR 2024-2025; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0250 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Gentlemen, we have 13 PH (Public Hearing) items. Of those items, are there any that you would like to pull for discussion? Vice Chair Carollo: Okay, PH items. Commissioner Gabela: I'm good. Chair King: Two are four -fifth. Commissioner Reyes: Yes, 13 is four -fifth and 11 is four -- Chair King: Correct. Commissioner Reyes: If we're going to group them together, we have to leave them out. Chair King: No, not necessarily. Commissioner Reyes: No, well, we have everybody. Chair King: If you want it -- I'll pull it if you want to discuss. If not, I'll just run it. Commissioner Reyes: Okay, okay. Whatever you say, boss. Todd B. Hannon (City Clerk): Chair, I'm sorry to interrupt. I just need for PH.1 and PH.2 to pass before we get to the other PH items. Chair King: I'll take those out of order just to make sure. Okay. City ofMiami Page 15 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Commissioner Gabela: Motion. Chair King: I have a motion and a second for PH.1 and PH.2. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. PH.2 RESOLUTION 16090 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACCEPTANCE OF SECTION 8 HOUSING PROGRAM FUNDS, IN THE PROJECTED AMOUNT OF $4,640,500.00 FOR RENTAL ASSISTANCE, AND THE PROJECTED AMOUNT OF $459,300.00 FOR PROGRAM ADMINISTRATION FOR A TOTAL PROJECTED AMOUNT OF $5,099,800.00 FOR FISCAL YEAR ("FY") 2024-2025 ANNUAL CONTRIBUTIONS FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD"); AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0251 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PH.2, please see Item PH.1. PH.3 RESOLUTION 16086 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS IN THE AMOUNT OF $5,090,474.00 FOR FISCAL YEAR 2024-2025 TO THE CATEGORY(S)/DEPARTMENT, SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, BEGINNING OCTOBER 1, 2024; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS INCLUDING EXTENSIONS, AMENDMENTS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0254 City ofMiami Page 16 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 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, Pardo, Reyes Chair King: And now may I have a motion for PH.3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13? Vice Chair Carollo: Move. Commissioner Gabela: Motion -- second. Todd B. Hannon (City Clerk): Just for the record, PH3, 4, 6, 7, and 11 will be as amended. Chair King: As amended. Commissioner Reyes: As amended. Chair King: Okay, I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously and those items as amended. Commissioner Reyes: That's right. PH.4 RESOLUTION 16087 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING HOME INVESTMENT PARTNERSHIP PROGRAM ("HOME") FUNDS, IN THE AMOUNT OF $2,988,177.00 FOR HOUSING PROGRAMS, FOR FISCAL YEAR 2024-2025, AS MORE PARTICULARLY SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PROVISION OF DECENT AND SAFE AFFORDABLE HOUSING TO LOW-INCOME HOUSEHOLDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0255 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PH.4, please see Item PH.3. City ofMiami Page 17 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 PH.5 RESOLUTION 16113 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING PROGRAM INCOME FROM HOME INVESTMENT PARTNERSHIPS PROGRAM ("HOME") FUNDS GENERATED FROM JANUARY 31, 2024 TO APRIL 30, 2024, IN THE AMOUNT OF $101,839.79 AND AN ADDITIONAL AMOUNT OF $220,320.43 OF RECAPTURED FUNDS FOR A TOTAL AMOUNT OF $322,160.22, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL THE NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSES. ENACTMENT NUMBER: R-24-0256 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PH.5, please see Item PH.3. PH.6 RESOLUTION 16088 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM FUNDS IN THE AMOUNT OF $14,272,865.00 FOR FISCAL YEAR ("FY") 2024-2025, AND AN ADDITIONAL AMOUNT OF $2,000,000.00 UNSPENT FUNDS FROM PREVIOUS YEARS, FOR A TOTAL AMOUNT OF $16,272,865.00, AS MORE PARTICULARLY SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO PROVIDE HOUSING ASSISTANCE AND HOUSING RELATED SERVICES TO LOW-INCOME INDIVIDUALS LIVING WITH HIV/AIDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0257 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PH.6, please see Item PH.3. City ofMiami Page 18 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 PH.7 RESOLUTION 16089 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING EMERGENCY SOLUTIONS GRANT ("ESG") FUNDS, FOR FISCAL YEAR 2024-2025 IN THE AMOUNT OF $470,037.00, AS SPECIFIED IN THE EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0258 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PH.7, please see Item PH.3. City ofMiami Page 19 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 PH.8 RESOLUTION 16139 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING AN ADDITIONAL NINE HUNDRED FIFTY-TWO THOUSAND AND 00/100 DOLLARS ($952,000.00) IN AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS FROM THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT'S NEW CONSTRUCTION OF AFFORDABLE HOUSING PROJECTS FUNDING ("FUNDS") APPROVED AND ADOPTED ON SEPTEMBER 13, 2021, PURSUANT TO RESOLUTION NO. R-21-0352, IN ORDER TO DEVELOP THE SINGLE FAMILY AND TWIN HOMES SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, PROVIDED THAT THIS ALLOCATION IS APPROVED IN WRITING BY THE CITY OF MIAMI'S ("CITY") ARPA CONSULTANT ("ARPA CONSULTANT APPROVAL") AND SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS; AUTHORIZING THE DE -OBLIGATION OF HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS ("HOME"), IN THE AMOUNT OF TWO HUNDRED SIXTY-TWO THOUSAND THREE HUNDRED DOLLARS ($262,300.00), AND AN AMOUNT OF SIX HUNDRED EIGHTY-NINE THOUSAND SEVEN HUNDRED DOLLARS ($689,700.00) FROM NEIGHBORHOOD STABILIZATION PROGRAM FUNDS ("NSP"), IN THE TOTAL AMOUNT OF NINE HUNDRED FIFTY-TWO THOUSAND AND 00/100 DOLLARS ($952,000.00), RESPECTIVELY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS; AUTHORIZING THE DE -OBLIGATED "HOME" AND "NSP" FUNDS TO BE RE -ALLOCATED AND APPROPRIATED TO CITY- WIDE ELIGIBLE HOUSING ACTIVITIES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0259 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PH.8, please see Item PH.3. City of Miami Page 20 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 PH.9 RESOLUTION 16140 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) AUTHORIZING THE ESTABLISHMENT OF THE INFILL FIRST-TIME HOMEBUYER EXPANDED PROGRAM, AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, WITH FUNDS TO BE ALLOCATED FROM AMERICAN RESCUE PLAN ACT ("ARPA") FUNDS AND CITY OF MIAMI FOREVER BONDS ("MFB") BY SEPARATE RESOLUTION; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0260 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PH.9, please see Item PH.3. PH.10 RESOLUTION 16170 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF EMERGENCY RENTAL ASSISTANCE 2 ("ERA2") FUNDS IN A TOTAL AMOUNT NOT TO EXCEED $76,711.26 TO THE CITY OF MIAMI, DEPARTMENT OF HUMAN SERVICES, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0261 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PH.1O, please see Item PH.3. City of Miami Page 21 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 PH.11 16138 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDING OF A SOLE SOURCE, ATTACHED AND INCORPORATED AS EXHIBIT "A"; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); AUTHORIZING THE PURCHASE OF A RECORDING SYSTEM PRODUCED BY KOVACORP RECORDING SOLUTIONS CORP. ("KOVA"), TO BE PROVIDED BY AT&T ENTERPRISES, LLC ("AT&T"), FOR THE MIAMI POLICE DEPARTMENT ("POLICE"), ON AN AS NEEDED BASIS, FOR A PERIOD OF FIVE (5) YEARS, THEREAFTER RENEWABLE ANNUALLY, SUBJECT TO AN ANNUAL SOLE SOURCE FINDING BY THE CHIEF PROCUREMENT OFFICER, AND APPROVAL OF THE SAME BY THE CITY MANAGER; ALLOCATING FUNDS FROM POLICE'S GENERAL ACCOUNT OR OTHER FUNDING SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGET APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AGREEMENT, AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVAL, AND COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI - DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, ALL FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0262 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PH.11, please see Item PH.3. City of Miami Page 22 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 PH.12 RESOLUTION 16196 Department of Resilience and Public Works PH.13 16244 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFTER A DULY NOTICED PUBLIC HEARING, AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTION(S) NECESSARY TO EXPEDITIOUSLY REQUEST THE MIAMI-DADE COUNTY DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS ("DTPW") CONSIDER THE PROPOSED TRAFFIC FLOW MODIFICATIONS AND WAIVE THE REQUIRED RESIDENT CONCURRENCE AND EXEMPT THE BALLOTING PROCESS IN ORDER TO EXPEDITIOUSLY PROCEED WITH THE DESIGN AND CONSTRUCTION OF TRAFFIC CALMING DEVICES AT FORTY-FOUR (44) LOCATIONS IN THE RESIDENTIAL NEIGHBORHOODS OF CITY OF MIAMI DISTRICT 1, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; DIRECTING THE CITY CLERK TO SEND A CERTIFIED COPY OF THE THIS RESOLUTION TO THE DTPW DIRECTOR. ENACTMENT NUMBER: R-24-0263 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PH.12, please see Item PH.3. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY, AS AMENDED ("CITY CODE"), BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY"), WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 3 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE ("API"), IN A TOTAL AMOUNT NOT TO EXCEED SEVENTY THOUSAND DOLLARS ($70,000.00) TO CENTRO MATER CHILD CARE SERVICES, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CENTRO MATER"), IN SUPPORT OF THEIR CENTRO MATER LEARNING AND FUN PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0264 City of Miami Page 23 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PH.13, please see "Public Comments for All Item(s)" and Item PH.3. END OF PUBLIC HEARINGS City. of Miami Page 24 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 RE - RESOLUTIONS RE.1 RESOLUTION 16229 Department of Code Compliance A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 58 NORTHWEST 26 STREET, MIAMI, FLORIDA, CASE NUMBER CE2019018670, 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-24-0265 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Miguel Angel Gabela, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Gabela, Reyes ABSTAIN: Pardo Chair King: We are now on our resolutions. The first one is a mitigation. Is staff ready to present? RE.1? Commissioner Reyes: (UNINTELLIGIBLE). Chair King: Good morning. Robert Santos-Alborna: Good morning, Madam Chairwoman. Apologies about that. Robert Santos-Alborna, Code Compliance Director. Item RE.1 is a mitigation of a property located at 58 Northwest 26th Street. Respondent is 5058 Northwest 26th Street, LLC (Limited Liability Company). Violations are for failure to maintain lot in clean, safe condition and failure to register. Notice of violation issued on October 2nd, 2019, adjudicated on March 11 tli, 2020. The violation ran for 686 days, accruing a total of $171,500. And I understand from our Legal Department that the respondent is offering $15,000. Chair King: Which is what? Mr. Santos-Alborna: Which is equivalent to 8.75 percent of the accrued amount. Javier Fernandez: Madam Chair, for the record, Javier Fernandez, good morning. Chair King: Good morning. Mr. Fernandez: With offices at 201 Alhambra Circle, Suite 1205. On the advice of counsel, in front of my client, we would like to revise our proffer to the amount of $25,725, which would be, I believe, 15 percent exactly of the outstanding amount of fines. City of Miami Page 25 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Chair King: May 1 have a motion? Commissioner Gabela: Motion. Chair King: And I'll second that. All in favor? The Commission (Collectively): Aye. Commissioner Pardo: 1 will be abstaining from this vote just because I have a conflict. Chair King: Okay. Mr. Fernandez: Thank you. Chair King: Motion carries, 4 -- Todd B. Hannon (City Clerk): It would be a 4-0. Chair King: 4-0, okay. Mr. Fernandez: Thank you. Mr. Hannon: And as amended. Chair King: As amended. And we have -- Mr. Fernandez: Thank you. City of Miami Page 26 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 RE.2 16234 Department of Finance RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), SUPPLEMENTING RESOLUTION NO. R-19-0062, ADOPTED BY THE COMMISSION ON FEBRUARY 14, 2019, WHICH AUTHORIZED THE ISSUANCE BY THE CITY OF MIAMI ("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 2024C, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED [ONE HUNDRED TWENTY MILLION FOUR HUNDRED EIGHTY THOUSAND DOLLARS ($120,480,000)] (THE SERIES 2024C INFRASTRUCTURE BONDS) TO FINANCE THI INFRASTRUCTURE PROJECTS AS DESCRIBED IN RESOLUTION NO. R-19-0062 AND THE ADDITIONAL INFRASTRUCTURE PROJECTS DESCRIBED IN EXHIBIT "C" HEREOF UPON THE SATISFACTION OF CERTAIN PARAMETERS DESCRIBED HEREIN; AUTHORIZING THE NEGOTIATED SALE OF THE SERIES 2024C 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 DELIVER) OF A FINAL OFFICIAL STATEMENT RELATING TO THE SERIES 2024C 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 2024C INFRASTRUCTURE BONDS IN ACCORDANCE WITH SECURITIES AND EXCHANGE COMMISSION RULE 15C2-12 AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION AN[ 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 2024C INFRASTRUCTURE BONDS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0275 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: At this time we will take up RE.8 and RE.9. We can separate the two. believe it was pulled for discussion by our vice chair? Vice Chair Carollo: Yes. City of Miami Page 27 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Chair King: Mr. Chair [sic]? Commissioner Pardo: Madam Chair, 1'd like to open on the item, if possible, 8 and 9. Chair King: Yeah, I just opened it up. The vice chair pulled it, so I'm going to allow him to start. Vice Chair Carollo: You can go ahead. Commissioner Pardo: Thank you. I appreciate that. Chair King: You want to start? Commissioner Pardo: I'd like to. Chair King: Go right ahead. Commissioner Pardo: I'm the sponsor. Chair King: I'm sorry. But you didn't pull it, did you? Vice Chair Carollo: Can I ask the following before we get into it? I had pulled RE.2. Can we begin with RE.2? Commissioner Pardo: Sure. Chair King: Okay, RE.2. Vice Chair Carollo: To the Administration, what are the projects that we're talking about in RE.2 and what amounts are we spending on each of those projects? Erica Paschal: Good morning, Commissioner, Erica Paschal, the Finance Director. This item does not change the projects that were previously approved when we authorized the pricing for the 256. Vice Chair Carollo: Can we go through those projects publicly? Ms. Paschal: Yes. Vice Chair Carollo: The amounts? Ms. Paschal: Yes. 1 would defer to Budget to give you the actual project list. He wants the project list and the amounts. Chair King: Would it be better -- do you -- would it be better for them to brief you maybe during the lunch and ifyou want to have a list of all of the projects? Vice Chair Carollo: Well, that's fine, but I wanted also to be able to get some briefing on RE.8 and 9, so that, you know, we can be ready to vote on this as it will be. Commissioner Pardo: I think my open will help. Vice Chair Corolla: I don't know if it will or not. Chair King: Hold on, hold on. City of Miami Page 28 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Vice Chair Carollo: I've heard some other things that -- Chair King: Hold on, hold on. Vice Chair Carollo: -- I need to call some of the principals themselves to see if it's accurate or not, and the Administration, and see what one or the other has to stay. I'll listen. Chair King: Let's not -- let's stay with one, we're on RE.2, let's stay with RE.2. Do you have a list of the projects that are -- can you run them now or do you need time to get them? Larry Spring: Yes, we'll go print them out -- through the Chair, Commissioner, Larry Spring, Chief Financial Officer. The project list is the exact same project list that the City Commission previously approved on the other bond resolution -- Vice Chair Carollo: Yeah, but that -- Mr. Spring: -- so nothing has changed but I'll print it out. Vice Chair Carollo: Through the Chair, but Larry that's exactly what I want to be shown publicly. Mr. Spring: Okay. Vice Chair Carollo: You know, we keep saying it's the same list, the same list, but let's show it. Mr. Spring: Okay. Vice Chair Carollo: Let's show what the projects are, let's show the amounts. Mr. Spring: Okay. Vice Chair Carollo: You know, it's -- Mr. Spring: No, we'll -- Vice Chair Carollo: -- it's not enough -- Mr. Spring: -- we're printing -- Vice Chair Carollo: -- that it's the same list. Mr. Spring: Yeah, we're printing it out. I was just -- I wanted to put that on the record because this is just Series C of literally the same issue, that's all. Vice Chair Carollo: Yeah, but you're talking about several hundred million dollars. Mr. Spring: Yes. Vice Chair Carollo: That's real money. So I want to be able to see again what is the list, and how much we're putting on each project. Mr. Spring: Okay. It's being printed right now. City of Miami Page 29 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 [Later...] Chair King: Okay. Alright, let me -- let's take RE.2. Who pulled RE.2? Vice Chair Carollo: I -- I -- no. Commissioner Gabela: That was Carollo. Vice Chair Carollo: RE.2. Commissioner Reyes: (INAUDIBLE). Chair King: I thought we did, but we haven't. So, RE.2. Vice Chair Carollo: No, we have not voted for RE.2. Commissioner Reyes: Oh, no, no, no, no. Vice Chair Carollo: I'll make the motion. Commissioner Gabela: We're waiting for the list. We've got the list. Vice Chair Carollo: Yeah, I'll make the motion for RE.2. Yes, I got the list. Chair King: So, we got the list. A motion. Commissioner Gabela: Now -- now, before you make that motion, you know, I want you to know you just opened up a can of worms, because I was doing my little numbers here, and I'm the guy that I got 21 projects, 44 mil, that equals 14 percent of $299 million. If you were to disperse that, equaling to 5, that'd be 73 percent, so there's a 27 percent gap that -- and I didn't do the other math, that you guys, among you, got. So, if we're going to complain, I can be number one complainer here for my area. Vice Chair Carollo: No, no, no, no. Commissioner Gabela: But, you know, I just wanted to put on the record. Vice Chair Carollo: I'll be happy to defer this until the next meeting, if you like? Commissioner Gabela: No, no, we got -- Chair King: No, 1 believe this item is time sensitive, and it's -- it is a regulatory item. Commissioner Gabela: Got it. Chair King: We -- something was left out and we need to include it. That's why none of the projects have changed or anything like that. So, I have a motion and a second. All in. favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Todd, what else do we -- SR.2? Vice Chair Carollo: Can we come back? It's noon already. Todd B. Hannon (City Clerk): Yes, ma'am, SR.2. City of Miami Page 30 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Chair King: Yes. Now, it is 12 noon and I believe we have the -- George Wysong (City Attorney): Attorney -client session. Chair King: No. Mr. Hannon: Virginia Key Beach Park Trust. Chair King: Correct. The Virginia Key Beach Park Trust meeting. So, I'd like to recess our meeting and have the Virginia Key Beach Park Trust meeting, and then thereafter, after our lunch session, we'll go straight to our attorney -client session. So, we'll recess Jrolunch two hours after the Virginia Key Beach Park Trust meeting. The City of Miami Commission meeting for July 11, 2024 is now in recess. Thank you all. RE.3 RESOLUTION 15948 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, AUTHORIZING, AND DIRECTING THE CITY MANAGER TO UNDERTAKE THIS AMENDMENT IN ORDER TO ADD TO AND TO REVISE CAPITAL PROJECTS IN THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2023-2024 MULTI- YEAR CAPITAL PLAN ADOPTED ON SEPTEMBER 9, 2023, PURSUANT TO RESOLUTION NO. R-23-0376 ("ADOPTED CAPITAL PLAN"), AS SUBSEQUENTLY AMENDED, AND TO RE - APPROPRIATE, DE -APPROPRIATE, AND APPROPRIATE FUNDING FOR THE ADDED PROJECTS IN ACCORDANCE WITH EXHIBIT "A", ATTACHED AND INCORPORATED RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY OFFICIALS AND DEPARTMENTS IN ORDER TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH FOR ONGOING CAPITAL PROJECTS, PROJECT CLOSE-OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION HEREWITH; PROVIDING AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0266 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Miguel Angel Gabela, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Of the remaining RE (Resolutions) items -- and there's a four -fifths, RE.10 -- would any of my colleagues like to pull for discussion? Commissioner Reyes: No. Vice Chair Carollo: I'm sorry. Chair King: RE. Commissioner Reyes: REs. City of Miami Page 31 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Chair King: The RE items. Vice Chair Carollo: Yes, 1'd like to pull RE.2 for discussion, and 1'd like to leave RE.8 and 9 for the afternoon session. Chair King: We may not have an afternoon session -- Commissioner Reyes: We might not. Chair King: -- at the way we're going, but okay. Vice Chair Carollo: Then, if we don't have an afternoon session, then for it to be the last items that we deal with. Chair King: Okay. In that case -- Vice Chair Carollo: I need to get a little more information -- Chair King: Got you. Vice Chair Carollo: -- that I haven't gotten. Chair King: So, may I have a motion to pass RE.3, 4, 5, 6, 7, 10, and 11? Vice Chair Carollo: Move it. Commissioner Gabela: I'm sorry, 3, 4? Chair King: It's 3, 4, 5, 6, 7, 10, and 11. Marie Gouin (Director, Office of Management and Budget): Madam Chair? Commissioner Gabela: 10 and 11. Todd B. Hannon (City Clerk): And just for the record, RE.3, RE.4, RE.5 and R -- yeah, RE.3, 4, and 5 will be as amended. Chair King: Got it. Vice Chair Carollo: Again, to -- Chair King: 1 have a motion and a second for, let me repeat, RE.3, 4, and 5 as amended, 6, 7, 10, and 11. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 32 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 RE.4 RESOLUTION 15674 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING APPROPRIATIONS RELATING TO THE 2023-2024 FISCAL YEAR ADOPTED OPERATING BUDGET PURSUANT TO RESOLUTION NO. R-23-0448 ADOPTED ON SEPTEMBER 28, 2023, AS AMENDED, THE FIVE-YEAR FINANCIAL PLAN, THE STRATEGIC PLAN, AND THE MULTI- YEAR CAPITAL PLAN PURSUANT TO RESOLUTION NO. R-23- 0376 ADOPTED ON SEPTEMBER 9, 2023, AS AMENDED (COLLECTIVELY, THE "BUDGET"), AND AUTHORIZING THE CITY MANAGER TO MAKE ANY NECESSARY CHANGES TO ADJUST, AMEND, ALLOCATE, AND APPROPRIATE THE BUDGET, AND ANY PART THEREOF, REGARDING CITY OF MIAMI SERVICES AND RESOURCES AS NECESSARY AND LEGALLY ALLOWED; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED OFFICIALS AND DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS AND FOR NECESSARY RELATED DOCUMENT NEGOTIATIONS AND EXECUTIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR APPLICABLE EFFECTIVE DATES. ENACTMENT NUMBER: R-24-0267 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Miguel Angel Gabela, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.4, please see Item RE.3. RE.5 RESOLUTION 16009 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN OFF -SYSTEM CONSTRUCTION AND MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR IMPROVEMENTS ON STATE ROAD 9 / NORTHWEST 27 AVENUE FROM NORTHWEST 17 STREET TO NORTHWEST 20 STREET, MIAMI, FLORIDA, FOR GENERAL ROADWAY IMPROVEMENTS IN THIS CORRIDOR, INCLUDING IMPROVEMENTS ON ROADS NOT ON THE STATE HIGHWAY SYSTEM. ENACTMENT NUMBER: R-24-0268 City of Miami Page 33 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Miguel Angel Gabela, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.5, please see Item RE.3. RE.6 RESOLUTION 16151 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED ON JANUARY 10, 2024, FROM THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, RIC-MAN INTERNATIONAL, INC., A FLORIDA PROFIT CORPORATION ("RMI"), PURSUANT TO INVITATION TO BID ("ITB") NO. 23-24-008 FOR THE PROVISION OF CONSTRUCTION SERVICES FOR THE SOUTH BAYSHORE LANE/FAIRVIEW PUMP STATION - PROJECT NO. B-30737 ("PROJECT"), FOR A TOTAL CONTRACT AWARD VALUE OF NINE MILLION SIX HUNDRED FIFTY FOUR THOUSAND FIFTY SEVEN DOLLARS AND FIFTY FIVE CENTS ($9,654,057.55); ALLOCATING FUNDS FROM THE CITY OF MIAMI ("CITY") DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("RPW") PROJECT NO. B-30737, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH RMI, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-24-0269 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.6, please see Item RE.3. City of Miami Page 34 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 RE.7 16162 Department of Fire - Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A HAZARD MITIGATION REIMBURSEMENT GRANT AWARD IN THE AMOUNT OF TWO HUNDRED FIFTY ONE THOUSAND THREE HUNDRED THIRTY EIGHT DOLLARS AND FIFTY CENTS ($251,338.50), FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THROUGH THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT ("FDEM"), WITH A REQUIRED MATCH FROM THE CITY OF MIAMI ("CITY") IN AN AMOUNT NOT TO EXCEED TWENTY SEVEN THOUSAND NINE HUNDRED TWENTY SIX DOLLARS AND FIFTY CENTS ($27,926.50), FOR A TOTAL AMOUNT OF $279,265.00, TO BE UTILIZED FOR THE HARDENING OF FIRE STATION #6 THROUGH THE PURCHASE AND INSTALLATION OF IMPACT RESISTANT WINDOWS AND DOORS AND OTHER PROTECTIVE MEASURES; ESTABLISHING A NEW CAPITAL FUND PROJECT TITLED "FIRE -RESCUE — HMGP 2024 — FIRE STATION #6" AND APPROPRIATING GRANT FUNDS FOR THE OPERATION OF THE SAME; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT WITH FDEM, IN SUBSTANTIALLY THE ATTACHED FORM; ALLOCATING THE CITY'S MATCHING FUNDS FROM ACCOUNT NO. 00001.980000.891000.0000.00000 FOR THE PERIOD WHICH BEGINS ON FEBRUARY 8, 2024, AND ENDS ON JANUARY 31, 2026; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE, IMPLEMENTATION OF, AND COMPLIANCE WITH THE GRANT AWARD. ENACTMENT NUMBER: R-24-0270 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.7, please see Item RE.3. City of Miami Page 35 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 RE.8 RESOLUTION 16232 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER") FOR CONSIDERATION AT THE GENERAL ELECTION SCHEDULED FOR NOVEMBER 5, 2024, PROPOSING, UPON APPROVAL OF THE ELECTORATE AND OTHER CONDITIONS THE CITY MAY REQUIRE, TO AMEND SECTION 29- C OF THE CHARTER, TITLED "WATSON ISLAND," TO AUTHORIZE THE CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE THE CONVEYANCE OF 5.4 ACRES OF THAT CERTAIN PROPERTY LOCATED AT 1111 PARROT JUNGLE TRAIL ("PROPERTY") FOR FAIR MARKET VALUE TO ECORESILIENCY MIAMI, LLC, FOR RESIDENTIAL AND COMMERCIAL USES, SUBJECT, BUT NOT LIMITED TO, COMPLETION OF PROPERTY APPRAISALS, CANCELLATION OF THE EXISTING LEASE, PAYMENTS TO CITY, AND DEVELOPMENT OF A NEW 13.3 ACRE PUBLIC WATERFRONT PARK ON THE REMAINDER OF PROPERTY AT NO COST TO THE CITY, WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER EXISTING CITY RIGHTS, AS MORE PARTICULARLY DESCRIBED HEREINBELOW. ENACTMENT NUMBER: R-24-0273 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For additional minutes referencing Item RE.8, please see "Public Comments for All Item(s)." Chair King: Okay. So we will open it up for RE.8 and RE.9. Commissioner Pardo: Thank you. Chair King: Commissioner Pardo. Commissioner Pardo: Thank you, Madam Chair. First of all, 1 really wanted -- we had a lot of questions from the district and I thought we should put several things on the record, just explanatory items for people to understand what's happening here a little bit better. 1 wanted to thank the development teams involved. I think their work has been incredibly forward -thinking and very thoughtful. I wish we saw more kinds of projects like this. On the north side, I'm going to start with Watson Island on the north side. The current situation is a lease with ESJ Capital. It has the Jungle Island theme park, Joia Beach, the ballroom event space, and has the right to expand the private -- private theme park and build a 300-room hotel and extend its lease to 2114. The current transaction being proposed would cancel and replace. Eco- resiliency is a partnership between Terra Group and ESJ Capital. The City would sell 5.4 acres at fair market value, approximately 110 million and would make an City of Miami Page 36 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 upfrontpayment to the City, potentially for the cost of the park. This -- and this is the biggest piece of this transaction, it returns the majority of the land to the City, which is 13 acres, as a world -class public waterfront park, including a public beach, public parking garage. The park is exceptional. It has probably the best resiliency features, you know, I've seen out there. I think it's incredibly commendable and I'm thrilled that it's happening here. The group would construct the park for approximately 37 million, at its cost, and it would carry the maintenance cost, which is about 2 million a year, plus a 3 percent increase going forward. The 5.4 acres would be developed with two 300 condo towers and it would be compliant with Miami 21 T6-12. The model they're proposing here is a regenerative model that actually takes stormwater, which is usually a liability, and usually very difficult to deal with, and makes it an asset in terms of its filtration and how it returns it. On the south side of the island we have the flagstone Watson Harbor Project. It extends the upland leases, which is retail, parking, luxury hotel, residences, lifestyle hotel, from a maximum of 75 years to 99 years. It changes the ownership from fractional ownership or timeshare ownership to condominium ownership. And then it also seeks approval to use portions of the lease space for co -working, office, or similar use. City Manager, I was hoping you could share some of the public benefits, community public benefits, which a lot of people have been interested in, and then maybe the development teams can weigh in on that as well, if anything's been missing from what's been stated. Arthur Noriega (City Manager): Commissioner, I don't have a current copy of that. Maybe we can by to get our arms around that. Chair King: And if I may chime in because I stated in our last Commission meeting that a community, benefits package, a real community benefits package that would benefit the entirety of the city of Miami, needed to be carved out in order to receive my support. I have worked with both teams and I believe that we have a significant community benefits package carved out where the districts will receive money for affordable housing. So, while this project is fantastic, I support it, but I cannot support it if we do not give to the rest of our constituencies. And I believe that we have taken leaps and hounds towards getting there, and I'm happy with where we are, that I can move this item forward. In my request, I have included the jobs that was spoken about today in public comment. I have included all segments of the community. Our returning citizens will have an opportunity. And I have a commitment from each of the teams that these community benefits will come with teeth. There will be repercussions. It's not just pie in the sky, looks good on paper, they will be held accountable for the community benefits that I'm asking for. And 1 believe that we have taken a good stride toward receiving community benefits with these two projects. So -- Commissioner Reyes: Madam Chair? Chair King: Commissioner? Commissioner Reyes: (INAUDIBLE) no, no -- Mr. Noriega: Can -- can I -- Commissioner Reyes: It's age before beauty, right? Mr. Noriega: Madam Chair, can I add something? Chair King: Mr. Manager? City of Miami Page 37 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Mr. Noriega: For purposes of just understanding what's before you now. What's before you now is a request to have the Law Department draft the ballot language. So, you don 't have an agreement before you, per se. That'll come later. Chair King: That's correct. We don't have an agreement -- Commissioner Reyes: That's right. Chair King: -- but I did not want to agree to even begin drafting the ballot language, which is why 1 requested the deferral at the last meeting before the teams came to the table to say we understand and a community benefits package is important to move these projects forward. And they stepped up. Both of the teams stepped up to the plate. And I believe we are on our way to a wonderful project for all. Commissioner Reyes? Commissioner Reyes: Yes, first of all, Madam Chair, I want to congratulate you for taking the leadership and requesting, in paper, before the -- it went to the ballot, the community input, and the benefits that they are offering. I met with both teams also, myself, and I went over and I added a little bit to what you have asked because you had covered all the bases when they met with you, and we added a couple of things. And in my opinion, this is -- at last, we are going to have a comprehensive development in Watson Island because we have been very unlucky with the actors that we have picked to develop that valuable piece of land. And this is the way that I see it. This development is not only to benefit people that are going live and be -- I mean, in Watson Island. They're going to have a park, the community is going to have a park, they will have walk -- I mean, they're going to be walk, bay walks, and then they (UNINTELLIGIBLE) communication between one side or the other, they're going to have restaurants, and a place that the community can come and spend the afternoon, or spend the whole day with the family. This is a project that I believe it's going to benefit and I agree with you, Madam Chair, I'rn very pleased with all the benefits that they have approved and I'm going to support it. Chair King: Commissioner Gabela? Commissioner Gabela: Yes, ma'am. Thank you, Madam Chair. So, they were kind enough to come into my offices, I'm sure they were in your offices, to tell me what the benefits are. And some of those preliminary benefits we're getting 13 acres back, 2 million every year with a 3 percent increase per year is going to be given back to maintain the park. Commissioner Reyes: That's unheard of. Nobody has offered that. Commissioner Gabela: Yeah. We get a 700k one-time payment, 250k to the ferry, a contribution of 15-20 mil a year, that's on the tax base, that we're going to derive that -- those revenues, we're going to get a cash payment of 10 to 15 mil in three installments, one-third, two-thirds and three -thirds. Some of it's going to be designated, I understand, affordable. And the last one that was 16 mil owed when this deal was done with Parrot Jungle, I believe, and that's going to -- that debt is going to be paid back and it's going to be going to the general fund, distributed among our districts. So I think this is a win -win for everybody. I just wanted to speak down to the record. Chair King: Commissioner -- Vice Chair Carollo: This is on which of the two projects? Because we have two. Commissioner Gabela: This is on the north side. City of Miami Page 38 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Vice Chair Carollo: Okay, this is the north side. Commissioner Gabela: Correct. Vice Chair Carollo: Do we have anything that you looked at -- Commissioner Gabela: The south side? Vice Chair Carollo: -- on the south side also so --? Commissioner Gabela: I did look at the south side. Chair King: Commissioner Pardo? Commissioner Pardo: Madam Chair, I thought they could list the community benefits for the record from the development teams. I think it would be good. Chair King: Yes, that would be fine, because both teams -- and again, we haven't solidified the deal, but this is what we're working with. I'm sure we'll tweak it before it has to go before the voters, but we'll start -- Mr. Noriega: Yeah, ifI may? If I may, Madam Chair, that's an excellent point. Vice Chair Carollo: Can --? Yeah. Mr. Noriega: As -- what happens with a lot of these projects is first, the voters will vote whether they want us to proceed with the -- with these two items in terms of the referendum. And then at that point we're going to actually do the deep, deep dive on the agreements. We're doing a lot of that now already as a preamble, but that's when a lot of the final ingredients will get placed into the agreements -- Vice Chair Carollo: Madam Chair? Mr. Noriega: -- especially front a public benefits perspective. Vice Chair Carollo: Can I speak before they -- Chair King: Vice Chair? Vice Chair Carollo: -- make the presentation? Chair King: Yes, go ahead. Vice Chair Carollo: Thank you. Mr. Manager, can we have a map of Watson Island up so that we could identify what lands are we talking about in each lease? Because I'm confused as to all the land involved and -- (COMMENTS MADE OFF THE RECORD) Andrew Frey (Director, Department of Real Estate and Asset Management): Will this come up? Thanks, Jim. Can I --? Yeah? Vice Chair Carollo: Yeah, I was hoping that we would have gotten a break that I could have done just during the break with staff and the applicants, but it is what it is for now. City of Miami Page 39 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 (COMMENTS MADE OFF THE RECORD) Mr. Frey: Thank you so much. Commissioners, Andrew Frey, Department of Real Estate and Asset Management, just to orient you in what you're looking at right now and we can get back to the other folk comments. The Watson Harbor deal is related to the kind of maroon T6-36a area on the left side of the screen. Vice Chair Carollo: That's the --? Mr. Frey: Former Flagstone. Vice Chair Carollo: Okay, the -- Mr. Frey: Yeah. Vice Chair Carollo: -- 36a area. Mr. Frey: Exactly. So they have the maroon kind of strange shape there on the side, currently coned T6-36a -- Vice Chair Carollo: Right. Mr. Frey: -- and that's where the hotel and residential towers and the retail development, you know, potentially an office component. That's that deal on the west side of the island. And then on the east side of the island where you see the Jungle Island SAP (Special Area Plan) labeled -- Vice Chair Carollo: Before we jump -- Mr. Frey: Sure. Vice Chair Carollo: -- into the other side of the island, where you have the Jungle Island part. The CI is also part -- next to the T6-36a. Mr. Frey: Correct. Vice Chair Carollo: It's also part of what this project will entitle, correct? Mr. Frey: That is part of the harbor, the mega yacht marina. Vice Chair Carollo: Yeah. Mr. Frey: And that is still with the original tenant. Vice Chair Carollo: Okay, so the -- Mr. Frey: So, they develop -- they develop that and they are keeping that -- Vice Chair Carollo: They're keeping that. Mr. Frey: -- and then they transferred the upland lease to the new development team. Vice Chair Carollo: All right, let's go over to the area just below this. Mr. Frey: The CS (Civic Space) with the -- Vice Chair Carollo: CS. City of Miami Page 40 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Mr. Frey: -- science museum or the Children 's Museum? Yep. Vice Chair Carollo: Children's' Museum that you have -- is that strictly the Children's Museum and CS? Iris Escarra: No. Vice Chair Carollo: Okay. Mr. Frey: That is -- most of the Children's Museum, I think that there is -- Vice Chair Carollo: Chalks also, or not? Mr. Frey: Chalks -- Chalks is even below that. Ms. Escarra: Chalks is the blue. Mr. Frey: In the blue here, the CI (Civic Institution). Vice Chair Carollo: Okay, well -- okay, we're seeing the area that -- Mr. Frey: Right. Vice Chair Carollo: -- I have questions about now, so the Children's Museum is CS. Mr. Frey: Correct. Vice Chair Carollo: What else includes that CS? Mr. Frey: Part surface parking. I think that the Watson Harbor folks have a temporary sales center there as well. But mostly it's the Children's Museum and the surface parking for the Children's Museum. Vice Chair Carollo: Okay, but outside of the Children's Museum, how much more land does the City still own there that we haven't leased out? Mr. Frey: I don't know the exact size of that CS area. I'm sure we could -- Vice Chair Carollo: Okay, so let's move this up so we can see the whole bottom end. Mr. Noriega: Can -- can 1-- can 1 offer a suggestion, because he's asking questions that, quite frankly, are going to be confusing because he's referencing a -- this is a coning map, this is not outlining the footprint. And I don 't -- I want to make it easier on you, Commissioner so -- Vice Chair Carollo: Yeah, but I don't care what map you use, but I need to identify publicly -- Mr. Noriega: Yeah. Vice Chair Carollo: -- which is the land that we're entering into leases. Mr. Noriega: Correct. Vice Chair Carollo: And the bottom portion of this, I mean, if you want to bring another map, that's fine, butt want to get to the bottom portion of it now. City of Miami Page 41 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Mr. Frey: Sure. Mr. Noriega: Okay, well (UNINTELLIGIBLE) -- Mr. Frey: So, this map, it just is a -- was a PDF (Portable Document Format) so -- Vice Chair Carollo: If you keep going up more, can you see? Mr. Frey: This -- Vice Chair Carollo: There's another part down here that is blocked up that 1 think the City, if I remember correctly, owned, that we never gave it out maybe as much as five acres or more or less. Mr. Frey: Correct. Yeah, that's on -- on the -- on the east side of the southern part. Vice Chair Carollo: Yeah. Do you have a map that shows that entire area? Mr. Noriega: Andrew, we're going to switch to Google Earth. That's a better -- Mr. Frey: Yeah. I'm sorry, Commissioner, this is just a PDF, so this is a screenshot. So if you want to zoom out further, we're going to have to switch to -- Vice Chair Carollo: That's fine. Mr. Frey: Yeah, so then give me a second and we can switch to that. Commissioner Reyes: I'm going to ask, this is what Commissioner Carollo is referring to is the eastern part of the -- this is not (INAUDIBLE)? Ms. Escarra: Correct. Correct. I think the two pieces that Commissioner Carollo is inquiring about are basically the two gap pieces on the southern piece. So, on behalf of RE.9, Iris Escarra, 333 Southeast 2nd Avenue. The leased premises for the BH3 IG developer, Nitin, and his partners and so forth, was the red and the blue area. That is our leased premises. What we have proffered is to, through an easement, improve, make resiliency improvements, promenade improvements, to the gap between us and Chalks, skip over Chalks, and then Chalks to the corner. So that corner piece, Commissioner, that you're mentioning is also one that has a bunch of FDOT (Florida Department of Transportation) easements, WASA (Water and Sewer Authority) easements. It's really, not because of anything, it's really an undevelopable parcel for any buildings and structures. However, it is an opportunity to create a complete open space. So, what we've done as part of the community benefits, we've offered to make resiliency improvements and park improvements in the piece between us and Chalks, jumping over them because they have their lease rights, and then all the way to the corner. Now that corner does not connect north. The road kind of like goes down -- Vice Chair Carollo: Right. Ms. Escarra: -- which is different because on the north it does connect. There is a loop. Vice Chair Carollo: All right. So, here's my question. How many acres do we have in that portion? Ms. Escarra: That piece down there is about almost four acres if I recall correctly. City of Miami Page 42 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Vice Chair Carollo: Okay. The piece is still going to be the City? Ms. Escarra: City. Vice Chair Carollo: You're not going to take -- you're not going to take it under this new expanded lease? Ms. Escarra: No. The only thing that we have is an easement to be able to make the improvements and maintain it. One of the things that we've coordinated is to also maintain it so that it matches everything else on the promenade. Vice Chair Carollo: Okay. Well, why can't we make that into an additional park, green space? Ms. Escarra: We are. We are. The whole proposal is to expand the bay walk and make it just an open space that will be opened and it will be maintained. Vice Chair Carollo: But what I'm talking about is a real park. Ms. Escarra: Well, we can coordinate what -- the improvements you would like to see there. We've proffered to make resiliency improvements because there's drainage issues everywhere all over this island, it's just an island, but we could definitely sit down and coordinate what are the actual improvements or activation the City would want to see. On the bay walk, we're kind of just following the bay walk standards, the City has established bay walk standards and the DDA (Downtown Development Authority) does as well and how they -- so it's uniform, but on the upland, we can work with you all and your offices on those improvements. Vice Chair Carollo: And you're proffering, Counselor, that this is not going to be part of your lease expansion? Ms. Escarra: No. Vice Chair Carollo: Nor are you going to be building anything or doing any other commercial activity there? Ms. Escarra: No. What we did offer was to do activation from time to time to do stuff to the extent we coordinate with the City on what those activation is because you have to be able to do stuff there but that's something that we've we 've proffered -- Vice Chair Carollo: Well, that's something that 1 want to get cleared out and spelled out very clearly what activation is, you know, I'm sure that the people that presently have the lease on the other side, they consider that beach area also activation, and look what it became. Ms. Escarra: That's a little different, but yes. Vice Chair Carollo: So, I want to make sure that this activation is spelled out clearly Ms. Escarra: Okay. Vice Chair Carollo: -- as we move forward as to what you would be allowed to do there, or for that matter anybody else, because I was going your explanation until you mention activation. And that needs to be spelled out to me clearly. City of Miami Page 43 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Ms. Escarra: Understood. We're happy, to do so. That was just something we -- because one of the -- one of the things that we're trying to do is make sure everything gets activated. Not only that piece, but that it actually -- from a public perspective, right? So, we just want to make sure there's benches', there's shelter, to the extent the City wants to have those sort of items there. One of the things that I've learned with parks is that the parks master plan did really an amazing job at community outreach and reaching out to various different groups and getting detail on what the community wanted to see in each parks. So we've been using that as kind of like a guide as to the items that would want to be seen on Watson Island based on those factors because kind of that homework was already done for us. Thank you, Parks Department. Commissioner Reyes: Madam Chair, if I may, I'm going in the same line that Commissioner Carollo is -- was going. When you are -- that tract of land it's going to be a park. What you're going to do is you're going to invest in it in remodeling and being a park. And that's going to be zoned as park, right? Ms. Escarra: Yeah. Well, it's zoned as park already -- Commissioner Reyes: That's right -- Ms. Escarra: -- we're not doing anything -- Commissioner Reyes: -- you know -- Ms. Escarra: -- none of that. Commissioner Reyes: -- hold on a second, that's where I'm going. Where I'm going is that if you are going -- any activation, let's say that you want to have a festival there, it has to come through Park -- Ms. Escarra: Correct. Commissioner Reyes: -- and get a permit before you do that so I don't see any problem. Ms. Escarra: No, no, and of course -- Commissioner Reyes: As long as we keep -- Ms. Escarra: -- of course it would need a permit -- Commissioner Reyes: -- as long as we keep -- Ms. Escarra: Yeah. Commissioner Reyes: -- I mean, we keep the authority on that tract of land, and that Mr. Frey: Absolutely. Commissioner Reyes: -- park -- that is a park, and we are the ones -- they're going to keep it, but we manage it. We decide what's going to go in there. Mr. Frey: Correct. City of Miami Page 44 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Commissioner Reyes: That's it. Mr. Frey: Correct, Commissioner. Ms. Escarra: Understood. Mr. Frey: They're not proposing to expand their leasehold interest area -- Commissioner Reyes: No. Ms. Escarra: Right. Nothing. Mr. Frey: -- at all. They are keeping it just within -- Commissioner Reyes: Just like any other park. Ms. Escarra: Yeah. Mr. Frey: -- just within that -- just within that maroon area, the rest of the area will continue to be owned by the City, to be parkland. They're offering to help make improvements to that area, but we will -- we will retain control as to what happens in those areas. If they can be helpful in activating it, great. If we don't want their help, also great, we can, you know, Parks Department can activate it themselves. So, we will have full control in those areas. Commissioner Reyes: Okay, like we do in other parks. Mr. Frey: Yes. Chair King: I think at this time we were going to have each team identify the public benefits that we have so far. It's not the final -- it's not the final version by any means, and today we are only approving so that the team can draft the ballot language, but we can hear what we have so far. Go ahead, since you're already here. And you are representing? Ms. Escarra: RE.9 on behalf of BH3 IG developer south of the MacArthur Causeway. We had, in our existing lease, because we already have an existing lease, we had a public benefits program that had various different items, and we have gone through that and updated it, because that was entered into some time ago, and we've tried to bring it more in line with what the current needs are, what the current requests are. So, we are still working through the details of that -- as the Commissioner -- but we have presented the enhanced community benefits program, so it's in addition to the old, we have -- we're addressing major resiliency issues on the island, we're addressing affordability from the benefits of the project. We're addressing job training and coordinating with current organizations to bring those jobs to Watson Island. We've updated our arts program to match the City's current arts program and we've really gone above and beyond to try to look at this from a holistic perspective with the two additional infrastructure and resiliency projects over the bay walk, right? We've really gone beyond just our borders to try to make sure everything gets developed so it's not like half a piece and then there's a missed piece and the other half of the other piece. Chair King: And you will continue to brief all of us -- Ms. Escarra: Yes. Chair King: -- on the specifics, the particulars. City of Miami Page 45 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Ms. Escarra: Yeah, and I need to work also with the legal team on the details of the drafts and so forth. So, we'll do that before the next agenda. Chair King: Commissioner Pardo. Commissioner Pardo: You mentioned that there are drainage issues everywhere. It's an island. Ms. Escarra: It's an island. Commissioner Pardo: Right. Hello. What's left that's not done? Ms. Escarra: The two pieces that we're proposing are the two pieces that are not done. Commissioner Pardo: Right. Ms. Escarra: Meaning the piece between us and Chalks and the piece on the other side of Chalks, if we didn't do those, like if we just stayed with our original, we would be -- we deal with the piece that's within our lease premises. (FOREIGN LANGUAGE), right? And then every other project has to do their things, but there's two gap pieces. And what we've done on the southside is we said, let's look at these gap pieces and do it holistically. The only thing we got to hope that the blue piece comes in so that it all gets done. Commissioner Pardo: And does that leave unfunded drainage issues? Ms. Escarra: I'm sorry? Commissioner Pardo: Does it leave any unfunded drainage issues? Ms. Escarra: Well, the only other area is -- you see in this map here is the FDOT stuff, like the FDOT loops and stuff. That would be the only thing. Commissioner Pardo: The easement. Ms. Escarra: No, north of the easement. Commissioner Pardo: Oh, north. Ms. Escarra: There's an area there that's not in color. That's FDOT right-of-way. That would be the only other area that's not kind of covered on the south, by our project, on the north by the northern project is kind of like that FDOT piece there. Commissioner Pardo: Thank you. Ms. Escarra: That's a different party. Commissioner Reyes: Nothing you can do about it. Chair King: And well have the other team come now. Chris Penelas: Sorry, I'm going to close this laptop. My apologies. Sorry, you want me to --? Good morning, Chris Penelas and Dennis Kerbel on behalf of RE.8, law offices located 98 Southeast 7th Street. We're here on the northern side of the island, and we've been meeting with many of you on our public benefits package and I City of Miami Page 46 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 understand that all of you have been discussed and briefed in detail regarding what our offer is. Obviously, as Ms. Escarra mentioned, our deal is still a work in progress. We're working out the details with many of you, but I'm happy to share the main items that we are proffering, Number one, as staff had mentioned, we are proffering the construction of the park, of 13 acres being returned to the City. Our intent is to develop a world -class park at that location, open to all residents of the city of Miami, and it's -- our intent is to have in our conversations with the community a passive park at that location that will go ahead and mitigate any noise impacts on the neighborhood. We are also going to be offering, through maintenance payments, maintenance funds for the maintenance of that park and improvements to that park going on into the future. We are also offering an affordable housing payment to the City. We are also offering harbor facilities for the City to go ahead and have a harbor master at that location to manage the mooring fields that the City has in Biscayne Bay. We are also giving a one-time proffer for improvements to the Japanese garden just south of our development parcel. We are also proffering some funds and being involved in the master planning, general master planning of Watson Island. As Ms. Escarra said, we are also going to be working with local organizations to include returning citizens and other groups in our workforce for the construction of our project. And we will also be proffering a certain sum towards ferry or marine patrol operations. Thank you. Chair King: Thank you. And what no one has said is that the contribution for affordable housing in our districts are going to be allocated pursuant to the poverty guidelines, which will address the needs in our respective communities. But I think it's amazing that we will get funding to address housing in our respective districts, and that's huge. Also, and I'm not sure which project it is, but we're going to have an oyster field that's going to -- that's going to help with the bay and keep the bay alive. And we're doing everything that we can to tick all of the boxes that are important to our constituents; resiliency, preserving our bay, addressing affordable housing in the entirety of the city of Miami, getting green space, park space for the city. These projects can be smart for the entirety of the city of Miami. And I'm so thankful that you guys heard what 1 said and stepped up to and came along with me. You know, it was -- everybody wanted to chop my head off at the last Commission meeting. But that's okay. You can chop my head off for the community, because all of us here stand for the entirety of the community. And I look forward to seeing this project move to fruition, so long as you guys, we have a benefits package with teeth that does not exclude the rest of the city. Commissioner Pardo? Commissioner Pardo: Yeah, 1 wanted to mention that the impact fees from this project benefit all districts. Commissioner Reyes: All districts. Commissioner Pardo: And I think that's very important to acknowledge. And just from a personal perspective, and the development teams know this, I'm the chair of the Omni CRA (Community Redevelopment Agency), so I'm very passionate about affordable housing, but I think we can walk and chew gum at the same time. I don't think everything has to come out of the same transaction. I have been exceptionally concerned with infrastructure; not just on an island, but throughout District 2. It is -- Miami-Dade County is facing this, and there's -- there isn't a dedicated source of funding the way there is for other things. It's important to understand that D2 (District 2) is the whole coastline of the district. It is a donor district generating -- as well -- as well, you know, and as well as -- Chair King: I think you and I share the coastline. Commissioner Pardo: Yeah, correct. And DI (District 1) -- well, the river. City of Miami Page 47 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Chair King: The river. Commissioner Pardo: Right. Chair King: Well, DI -- D -- Commissioner Reyes: Joe and I, we are landlocked. Commissioner Pardo: Yeah. Chair King: Yes, so the three of us, the three of us share the coastline. Commissioner Pardo: Right, and where I'm going with that is if the economic engine that generates 72 percent of the revenue of the City, you know, all boats go up with the rising tide, all boats go down with the rising tide. We need to protect the investment in the urban core and the coastlines. We have very real issues. Any climate event will affect all of our districts and our revenues will come down and we need to really understand the importance of infrastructure and resiliency. I don't know if the Yacht Club and the Outboard Club are included in this. Commissioner Reyes: No. Commissioner Pardo: They're not. They are? (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Pardo: So -- well, let me just finish with this real quick. Commissioner Reyes: Sure. Commissioner Pardo: So, you know, my concern is this regenerative model that's been discussed that's so important for the island, do we have the resources that it's an island -wide regenerative model? Mr. Penelas: So, to that point Commissioner, I can say that part of our proffer is the master planning of Watson Island. Obviously, we will control whatever's part of our deal and develop that according to that master plan, but I will tell you in our planning, we are taking into consideration resiliency and infrastructure for the future but -- but our development obviously is within the confines of all of our program. Commissioner Pardo: Obviously. Yeah. Mr. Penelas: Yes, sir. Commissioner Pardo: My concern there is with our stormwater master plan we only have 10 percent funded. That's, you know, $400 million of a $4 billion commitment that we need to worry about. Edgewater has seven buildings being added, 7,000 units. Upper Eastside, Magic City, the entire area, another 6,000 units. That 195 Biscayne exchange is not even on the 10 year funding plan for the state. So, that exchange, that bottleneck, and what's happening with the flooding is something we need to worry about. The spoil islands are eroding. We're not doing anything about addressing that or water quality in Biscayne Bay, which any of these projects would dramatically impact. So, I think pumps are not enough. We need to be doing a lot more. If we're doing it right, we would be lowering insurance costs -- City of Miami Page 48 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Commissioner Reyes: Yes. Commissioner Pardo: -- for all of our residents. So, that makes a big difference. I don 't agree with API (Anti -Poverty Initiative) being the measure being used, because poverty might be an issue more so in some districts, and infrastructure is much more of an issue in our district, so much so that it's kind of slapping us in the face constantly. If you have affordable housing, but you're wading through contaminated water and your car is stalling and you can 't get to work and you're facing two hours of traffic and you're losing your home, we're not -- we're not cutting it in the city of Miami. So, that is --1 wanted to give a healthy explanation of why infrastructure is so important and why, in my mind, we could deal with affordable housing. We have other ways of dealing with it, and that this, in my mind, was the biggest priority. I'm very passionate about affordable housing, about equity in general, so I don't -- but it shouldn't be this binary. It's not a tradeoff And I think this was an opportunity to deal with some of these really core issues that are still going to be there even after these developments are done, are completed. Commissioner Reyes: Madam Chair? Chair King: Let me say that infrastructure is an issue in District 5. I had a constituent come and see me, Constituent Tuesday, whose car was damaged because he hit a pothole in District 5. So, infrastructure and flooding -- Commissioner Reyes: Every district. Chair King: -- is an issue everywhere. Commissioner Reyes: Every district. Commissioner Pardo: Yeah. Chair King: For every district. And -- Commissioner Reyes: Flooding. Chair King: -- the reason -- Commissioner Pardo: For sure. Chair King: -- why I latched on to affordable housing is because these two projects are creating luxury condominiums while we are, in the rest of our districts, s2 ffering a housing crisis. 1 cannot, in good conscience, support a project that's creating more luxury housing when we are having difficulty just finding housing, affordable housing, for the residents in our other districts. And that's why I focused on affordable housing. But to your point, we are all suffering infrastructure issues in our district. I think all of us will agree on that. But this project can't cure all the ills of the city of Miami, but because it's luxury housing, multimillion -dollar condos, I thought we need to be considerate and think about the housing issues and the housing crisis that the city of Miami is now facing before we ask to approve yet another multimillion -dollar luxury housing project. Commissioner Reyes. Commissioner Reyes: Madam Chair I agree with you that we all have problems in every single district. I have floodings, I have streets that have to be repaved. But I agree with you, Mr. Pardo, that we have to make an effort, certain areas of your district, that flooding is a major issue, but to that effect, we should be more aggressive in the state and federal level in trying to find funds and grants in order for us to improve the infrastructure of those areas that they get flooded, and case in City of Miami Page 49 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 point, Brickell Avenue and l3th, you see, that's a -- that is --1 would say, it is -- for the city of Miami to still have that problem every time that it rains, it is shameful, you see. It is shameful. And but having said that,l heard everybody. 1 would like to move. Commissioner Pardo: I just have one little thing I wanted to add there, and that's that luxury units bring in a lot of revenue to the City and a lot of impact fees that we all benefit from. So, you know, let's -- let's keep that in mind. And yes, of course, we all suffer from stormwater (UNINTELLIGIBLE), lack of stormwater. Commissioner Reyes: That's right, lack of it. Commissioner Pardo: But District 2 has the entire coast. Commissioner Reyes: Yes. Commissioner Pardo: So, when we're talking about climate events, areas like Downtown, areas like Edgewater, Brickell, are extraordinarily, extraordinarily vulnerable. And we really need to focus on this. Commissioner Reyes: And we need to move and get some funds for all those areas too, including ours. I move both. Chair King: So, I believe our Vice Chair would like to -- Vice Chair Carollo: Thank you. Well, I've heard everybody, and I think if there's one thing we can all be in agreement on is that all of our districts have infrastructure needs, all. Go through Allapattah, go through Little Havana, go through Flagami, and you're going to see them everywhere. But, you know, I keep hearing about flooding, the flooding. Which are the main areas in the city of Miami that when it rains, we have flooding? He's right, District 2. What part of District 2? You have the Omni area. You have the Brickell area. Look around you and what do you see in those areas that you don't see much of if any, in the rest of our district? You got skyscrapers 40, 50, 60, 70, 80 floors up. You know how many square city blocks of people you're putting up there? You know how much more wastewater you're sending down through our sewer system every time you build one of these? So, what I'm trying to say is that each time that we approve, we build one of these huge skyscrapers, you're multiplying tremendously in the sewers in that area how much more water waste, human, non -human, is going to be going through that. That's why when it rains, a lot of those sewers are already All to an extended amount and can't hold that much more because when they were originally built, they weren 't built with so many, many people in mind. So, if we want to help the solution, then we're going to have to not build as much all in one area. It's going to have to be spread out within the city, because if you pick areas that you're going to be doing all this huge construction in, you're going to have that problem And the cost to alleviate it somewhat is going to be a heck of a lot more than any of the fine developers would ever give the City of Miami on the onset. Those are problems that then fall upon us. So, just wanted to make that statement for whatever -- Commissioner Pardo: We also have in our district the South Grove area and the single-family residences along Brickell. So, it's not just the high-rise. We have very significant flooding throughout our district. Chair King: So, I believe we've gotten a little off track. I'd like to -- Commissioner Gabela: You know, I'm the only one that hasn't complained. Chair King: Oh, I'm sorry. Would you like to say anything before --? City ofMiami Page 50 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Commissioner Gabela: No, no. Chair King: So, what I would like to do is to go ahead and have us vote on RE.8, as amended, and RE.9 so that staff can get going on drafting the ballot language. I have a motion and a second. All in favor? Todd B. Hannon (City Clerk): I'm sorry, Chair? The Commission (Collectively): Aye. Mr. Hannon: Who is the seconder? Commissioner Pardo: Me. Chair King: Commissioner Reyes. Mr. Hannon: No, Commissioner Reyes moved and so Commissioner Pardo -- Chair King: Pardo second. Okay. Mr. Hannon: RE.8, as amended -- Chair King: As amended. Mr. Hannon: -- RE.9, as is. Chair King: -- and RE.9, yes. Mr. Hannon: RE.8 as amended pursuant to the substitution number distributed on July 9th, 2024. Chair King: Thank you. Unidentified Speaker: Thank you. Chair King: Motion carries unanimously. Commissioner Reyes: Thank you. Chair King: Thank you, everyone. Ms. Escarra: Thank you all very much. See you all next time. Commissioner Reyes: You're welcome. Commissioner Pardo: Thank you. Great work. Chair King: Mr. City Clerk, where am I? I have the CAs (Consent Agenda), the PHs (Public Hearing), I've completed all of the REs (Resolution). Commissioner Gabela: You had RE.2. Chair King: Did -- Mr. Hannon: Yes, RE.2 is still in play. City of Miami Page 51 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Chair King: (UNINTELLIGIBLE). Mr. Hannon: SR.2, AC.1 -- RE.9 RESOLUTION 16222 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER") FOR CONSIDERATION AT THE GENERAL ELECTION SCHEDULED FOR NOVEMBER 5, 2024, PROPOSING, UPON APPROVAL OF THE ELECTORATE, AND OTHER CONDITIONS THE CITY MAY REQUIRE, TO AMEND SECTION 29-C OF THE CHARTER, TITLED "WATSON ISLAND," TO AUTHORIZE THE CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE CITY MANAGER, FOR FAIR MARKET VALUE, TO NEGOTIATE AND EXECUTE FIRST AMENDMENTS TO THE MASTER DEVELOPMENT AGREEMENT, RETAIL COMPONENT GROUND LEASE, PARKING COMPONENT GROUND LEASE AND SECOND AMENDMENT TO THE AMENDED AND RESTATED MIXED USE PROJECT DECLARATION ("AGREEMENTS") WITH BH3 IG DEVELOPER LLC AND ITS SUBSIDIARIES ("BH3"), TO EXTEND THE TERM OF THE LEASES BY 24 YEARS, TO PERMIT CONDOMINIUM FORM OF OWNERSHIP, AND TO PROVIDE FOR OFFICE SPACE AS A PERMITTED USE, WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER EXISTING CITY RIGHTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-24-0274 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.9, please see "Public Comments for All Item(s)" and Item RE.8. City of Miami Page 52 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 RE.10 16302 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, FINDING THAT MIAMI- DADE COUNTY'S ("COUNTY") CONTINUED AMENDMENTS, EXPANSIONS, AND ENFORCEMENT OF THE RAPID TRANSIT ZONE ("RTZ") AND THE COUNTY'S CONTINUED ISSUANCE OF PERMITS FOR PROPERTIES WITHIN THE CITY OF MIAMI ("CITY") MUNICIPAL BOUNDARIES IS DECLARED TO BE AN IMMEDIATE DANGER TO THE HEALTH, SAFETY, OR WELFARE OF THE PUBLIC WHICH REQUIRES IMMEDIATE ACTION; WAIVING THE REQUIREMENTS OF CHAPTER 164, FLORIDA STATUTES; AND FURTHER AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL LEGAL ACTIONS NECESSARY, IN LAW OR IN EQUITY, AGAINST THE COUNTY TO ADDRESS THE EFFECT ON THE CITY RESIDENTS CAUSED BY THE COUNTY'S ENACTMENT, AMENDMENT, AND EXPANSION OF THE RTZ, AND THE COUNTY'S ALLEGED PREEMPTION OF THE CITY'S REGULATORY JURISDICTIONAL AUTHORITY OVER PROPERTIES WITHIN THE CITY. ENACTMENT NUMBER: R-24-0271 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.10, please see "Public Comments for All Item(s)" and Item RE.3. City of Miami Page 53 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 RE.11 16312 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DE -APPROPRIATING THE FUNDS FROM THE FUNDING SOURCES PREVIOUSLY ALLOCATED TO THE DISTRICT 1 ROADWAY PROJECT, PROJECT NO. 40-B193611 IN THE TOTAL AMOUNT OF TWO HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($225,000.00) ("FUNDS") IN THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2023-24 MULTI -YEAR CAPITAL PLAN ADOPTED ON SEPTEMBER 9, 2023 PURSUANT TO RESOLUTION NO. R-23-0376, AS FURTHER AMENDED BY RESOLUTION NO. R-23-0508, ADOPTED ON NOVEMBER 16, 2023 ("CAPITAL PLAN"), AND RE -APPROPRIATING SAID FUNDS TO THE WEST GRAPELAND HEIGHTS TRAFFIC CALMING PROJECT, PROJECT NO. 40-B243608, ALL AS SET FORTH IN EXHIBIT "A," ATTACHED AND INCORPORATED; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE CAPITAL PLAN, RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH, FOR PROJECT CLOSE-OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0272 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item RE.11, please see Item RE.3. END OF RESOLUTIONS City of Miami Page 54 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 16167 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "FLOOD DAMAGE PREVENTION," PROVIDING RE -CERTIFICATION OF EXISTING DRAINAGE SYSTEMS, AND PROVIDING STANDARDS FOR DEVELOPMENT IN SPECIAL FLOOD HAZARD AREAS AND NON SPECIAL FLOOD HAZARD AREAS AS NEWLY DEFINED; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14295 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Mr. City Attorney, would you please read the titles into the record for SR.1, 2, and 3? George Wysong (City Attorney): Yes, Madam Chair. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: SR.2. 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. Chair King: Thank you. Now I'm going to ask my colleagues, of these three items, are there any that you would like to pull for discussion? SR.1, 2, or 3? Vice Chair Carollo: You said SR. 1? Chair King: SR.1, 2, or 3? Vice Chair Carollo: You're saying SR.1, 2, or 3? Chair King: Yeah. Vice Chair Carollo: Let me -- yes, SR.2. Chair King: You want to pull SR.2 for discussion? Vice Chair Carollo: Yes, SR.2 for discussion. And that's the only one that I see. Commissioner Reyes: Okay. City of Miami Page 55 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Vice Chair Carollo: SR.2. Commissioner Reyes: I move 1 and 3. Chair King: So I have a motion for SR.1 -- Vice Chair Carollo: Second. Chair King: -- and SR.3. 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. SR.2 ORDINANCE Second Reading 16136 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2/SECTION 2-211 TITLED, "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING, AND ZONING DEPARTMENT/DENIAL OR REVOCATION OF CERTIFICATE OF USE," TO CONFORM SECTION 2-211 TO THE MOTION APPROVED BY THE CITY COMMISSION AND TO REMOVE LANGUAGE RELATED TO REPEAT OFFENDERS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED BUT RECONSIDERED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes City of Miami Page 56 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 SR.2 ORDINANCE Second Reading 16136 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2/SECTION 2-211 TITLED, "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING, AND ZONING DEPARTMENT/DENIAL OR REVOCATION OF CERTIFICATE OF USE," TO CONFORM SECTION 2-211 TO THE MOTION APPROVED BY THE CITY COMMISSION AND TO REMOVE LANGUAGE RELATED TO REPEAT OFFENDERS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Damian Pardo, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes SR.2 ORDINANCE Second Reading 16136 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2/SECTION 2-211 TITLED, "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING, AND ZONING DEPARTMENT/DENIAL OR REVOCATION OF CERTIFICATE OF USE," TO CONFORM SECTION 2-211 TO THE MOTION APPROVED BY THE CITY COMMISSION AND TO REMOVE LANGUAGE RELATED TO REPEAT OFFENDERS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item SR.2 was continued to the September 12, 2024, City Commission Meeting. Note for the Record: For additional minutes referencing Item SR.2, please see Item SR.1. Arthur Noriega (City Manager): Madam Chair, we also have SR.2 that's still open. Chair King: SR.2 is still in play? Are you sure? Mr. Noriega: Yes. It was pulled. Commissioner Gabela: Oh, right, yes. Chair King: Okay, so again -- City of Miami Page 57 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Commissioner Gabela: It was pulled by Commissioner Carollo. Chair King: -- I'm going to ask if there are any items that are remaining -- my, colleagues would like to defer. Commissioner Reyes: (INAUDIBLE). Chair King: I'm asking. We have SR.2 and DL1 and DL2. (COMMENTS MADE OFF THE RECORD) Vice Chair Carollo: Is that a motion, Commissioner? Commissioner Reyes: (INAUDIBLE). Vice Chair Carollo: We've got a motion to defer. Chair King: I have a motion. Is there a second? Commissioner Gabela: To -- what are we deferring guys? Chair King: SR.2. Commissioner Gabela: SR.2? Okay. Chair King: So I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: SR.2 will be deferred to the next meeting. Mr. Hannon: July 25th. Chair King: To July 25th. Vice Chair Carollo: If we could defer it -- [Later...] Chair King: And for SR.2. Todd B. Hannon (City Clerk): We'll need a motion to reconsider. Chair King: A motion for reconsideration? Commissioner Pardo: So moved. Chair King: Second? Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Okay, and at this time -- we -- I'd like a motion to defer to September 12th. City of Miami Page 58 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Commissioner Reyes: Move it. Vice Chair Carollo: Second. Chair King: Move it. Second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Thank you all. This concludes the Commission meeting for July 11 th, 2024. SR.3 ORDINANCE Second Reading 16183 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CODE"), TITLED "OFFENSES -MISCELLANEOUS;" MORE PARTICULARLY BY AMENDING SECTION 37-16 OF THE CODE PROHIBITING ENCAMPMENTS ON PUBLIC PROPERTY; PROVIDING FOR AN ADDITIONAL DEFINITIONS AND PROCEDURE FOR ENFORCEMENT; REPEALING A PREREQUISITE FOR ENFORCEMENT PROVIDED IN ORDINANCE NO. 14032; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ENACTMENT NUMBER: 14296 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item SR.3, please see "Public Comments for All Item(s)" and Item SR.1. END OF SECOND READING ORDINANCES City of Miami Page 59 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 16092 AN ORDINANCE OF THE MIAMI CITY COMMISSION, PURSUANT TO RESOLUTION NO. R-24-0148, ADOPTED ON APRIL 25, 2024, City Manager's Office AMENDING CHAPTER 40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST," MORE PARTICULARLY BY AMENDING SECTION 40-191, TITLED "DEFINITIONS," TO AMEND THE DEFINITION OF EARNABLE COMPENSATION TO CLARIFY CHANGES FOR POLICE OFFICERS BASED ON THE FRATERNAL ORDER OF POLICE, WALTER E. HEADLEY, JR., MIAMI LODGE NO. 20. COLLECTIVE BARGAINING AGREEMENT FOR OCTOBER 1,2023, THROUGH SEPTEMBER 30, 2026; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Mr. City Attorney, would you read into the record the titles for the first reading ordinances? George Wvsong (City Attorney): Yes, Madam Chair. FR.1. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: FR.2. The Ordinance was read by title into the public record by the City Attorney. Mr. Wvsong: FR.3. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: FR.4. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: That's the end of the first readings. Chair King: Gentlemen, are there any of the FR (First Reading) items that you would like -- Commissioner Reyes: Yes, ma'am. Chair King: -- to pull for discussion? City ofMiami Page 60 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Commissioner Reyes: 1 would like to pull FR.2 so you can vote independently on it. Commissioner Gabela: Yes, so would I. Chair King: You'd like to pull that? Commissioner Gabela: Yeah. You're in agreement? Commissioner Reyes: Yes. Chair King: Okay, for discussion. Any other items of the FR? Commissioner Reyes: No. Vice Chair Carollo: Yes, for discussion, FR.4. Chair King: Okay. Anyone else? Commissioner Reyes: No. Vice Chair Carollo: And -- Commissioner Reyes: I move FR.1 and FR.3. Vice Chair Carollo: Second. Chair King: I have a motion and a second for FR.1 and FR.3. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Commissioner Gabela: That was FR.1 and 3, right? Chair King: 1 and 3. Vice Chair Carollo: 1 and 3. Chair King: Yes. Commissioner Reyes: Madam Chair, I ask for deferral of FR.2 because I -- this item came before the City Commission about four or five years ago. Chair King: Wait, we aren 't on the discussion. yet. Commissioner Reyes: Oh, okay. Chair King.: I'm going to go back to the RE (Resolutions) items and I'm just -- Commissioner Reyes: Oh, okay, okay, okay. I just -- I thought that you wanted to -- Chair King: -- trying to get through. Commissioner Reyes: -- (UNINTELLIGIBLE). Chair King: Yeah, no, no, no, no, no. City of Miami Page 61 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Commissioner Reyes: Okay, okay, fine, whatever you say. FR.2 ORDINANCE First Reading 16177 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI ELECTED OFFICERS RETIREMENT TRUST;" MORE PARTICULARLY BY AMENDING SECTION 40-291, TITLED "DEFINITIONS", AND SECTION 40-296, TITLED "APPLICABLE BENEFITS"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Miguel Angel Gabela, Commissioner AYES: King, Carollo, Gabela NAYS: Pardo, Reyes Note for the Record: For additional minutes referencing Item FR.2, please see Item FR.1. Chair King: Now we shall go back to -- because one of the FR (First Reading) items is time sensitive. FR.2 was pulled for discussion. Todd B. Hannon (City Clerk): Oh, Chair, we've addressed the FR item that was time -sensitive. We're good to go there. Chair King: Oh, well, I'm just working my way backwards anyway. So FR.2 was pulled for discussion. 1 -- Commissioner Reyes asked if we could defer that item. I would prefer not to defer the item, so let's discuss it. You did -- Commissioner Gabela: I thought you wanted to talk on it. You wanted to talk. Chair King: Just to -- Commissioner Gabela: Discussion. Chair King: Just to discuss. Commissioner Reyes: (INAUDIBLE). Chair King: Okay. So I'm -- let's put some ground rules jroour discussion that we start with five minutes and we work our way down. Commissioner Reyes: I'm going to be, Madam Chair, very, short -- Chair King: Oh, great. Commissioner Reyes: -- and straight to the point -- Chair King: Okay. City ofMiami Page 62 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Commissioner Reyes: -- like most of the time. Chair King: Yes, that is true. Commissioner Reyes: Okay. I -- this item came before us, I would say about three, four years ago or more, and I stated at the time I don't criticize anybody, and this is not personal against anybody that promotes this, but I -- while I was running for office, I made a commitment -- not a commitment, I made a statement to everybody that asked me if I was running to get -- I wanted to be a commissioner to get a pension. At the time they didn't know that it was no pension, but 1 always stated that I am not -- 1 didn't get elected to get a pension. 1 voted no at that time, I'm very consistent, and whatever you decide 1 will accept, but my vote will be no. That's the only -- I wanted to clarifY that, what's my position. It is a position that I took while I was a candidate, and it's a position that I'm going to maintain as a City of Miami commissioner. Chair King: Thank you for that. And to your concern, for our colleagues, there is a provision that would require affirmative action. There's a 10 calendar day opt -in period. So for those commissioners who are not interested in having a pension, you don't have to elect to take it. I received a very thoughtful email from a constituent who said that she didn't have an issue with us receiving a pension. And myself I'm a cosponsor. One of the things that she mentioned was extending the age to 62. And I thought that was very smart because most pensions, you get them at 62, so we're not looking to receive them at 55 or anything like that. I support this item for several reasons. One, public service does not allow you to have a traditional job while you're a public servant. This is a 24/7, sometimes more, job, and many municipalities throughout Miami -Dade County have pensions for their elected officials, in addition to, but for a few of our electeds, there was a pension provision, and then they took it away. So some elected officials of the City of Miami receive a pension and now we are not entitled to a pension. So I support this item for those reasons. I do support the opt -in provision that requires a commissioner to take an affirmative action to say, yes, I want this pension. And if you don't, that's fine. You don't opt in and you won't receive the pension. But I don't think that it is fair for, like Commissioner Reyes says, it's not. for him but he is not going to trouble it for the rest of us and what is good for us or our families moving forward. Anyone else like to chime in? Vice Chair Carollo: Not at this time. Commissioner Gabela: Yeah, I'd like to speak on it. Do you want to go first? Commissioner Pardo: Go ahead. Commissioner Gabela: So I am also a proponent, I co -sponsored this with you, Madam Chair. I like you also, you, Commissioner Reyes, did not come here to get a pension. Right now I want everybody to know that there is a system in place where when we leave we get a 401(k) and this is just a distinction whether you want the 401(k) or you want the pension, like every other employee in the City of Miami and like former commissioners that put this into effect, where back then we had the 2007- 2008 financial crisis and about three years later it was stated that the City was in bad condition, and those commissioners took action. But you know, the funny thing is they didn't do it to themselves, okay? Let's state the facts here, okay? Let's say how it is. They did it to the ones that came after. And that's the truth of the matter. And I for one, I'll tell you what, I for one, and I say this with modesty, I'm not going to depend on that pension because I have my little assets in real estate that my wife and I have assembled through the years. So I'm not looking for this. But I think, like you, Commissioner King, that it's unfair, really, that we're doing the same work or more City ofMiami Page 63 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 than other previous commissioners. And this is a plus 70 percent, 80 percent job. This is not a part-time job. By any means, if you're going to do it right, 1 think Commissioner Pardo realizes that, Commissioner Reyes, Commissioner Carollo, you and I, we realize that this is a full commitment. And so therefore, I am supporting it for that reason, that I think we need to level the field, okay, and if other City employees and if other elected officials, like ourselves, commissioners, are getting the other thing -- and understand we are not giving ourselves a pay increase. This is not that. We are not going retroactive. This is not -- this is simply that we're opting that you get a chance to opt whether you want the pension or you want the one lump sum, really is what this is. So we're not doing this anything new. You know, 1 wanted to state that on the record and I wanted to, like Commissioner Reyes, I wanted to bring it out because I don't want to just pat, do a vote and then they'll say, oh wait a minute, they didn't want to bring it to the floor. So we want to be transparent and I want to be -- and yes, some of my constituents also had concerns, but this is the other value that I think we bring to this. You have to compensate people for what they do. Okay, at the end of the day, you have to compensate people and you want good people to serve, you know. And this is just an extension of that. I think that's the value that's brought to future commissioners and mayors, okay, that, you know, they're doing this job, you know, and they have something so they don't have to do other things that other commissioners have gotten in trouble for. That's where I stand and I want to be clear on that. However, if this body chooses not to do this, I am fine, like I said, you know. Modestly, I am not going to depend on this for my retirement, but I think it's about time that the field is leveled because like I say again, other commissioners are getting this, has always gotten it, and I just think it's fair that all of us that are doing the same job or better are entitled to the same thing. Thank you very much. Chair King: Commissioner Pardo? Commissioner Pardo: Madam Chair, I oppose this item for many reasons, but not everything that's been discussed here, there's validity in everything, hut it really comes across as self -dealing. We're passing this for ourselves. A 401(k) contribution comes from the individual, but a pension comes from taxpayers. So I would like to see this discussed as part of a charter review or a ballot question on the measure, and let the voters decide on this -- on this point. Commissioner Gabela: I got an idea. I got an idea. Tell you what, I like your idea. Tell you what, let's do something. Let's take it off everybody, including the guys that are receiving it now. Because 1 stated again on the record, by the way, the 401(k) that we get when we leave, Commissioner Pardo, that's sponsored also by the taxpayer. That's not us completely. And I think you know that. Now, what I say is, you know what, I'm prepared to do that, but let's make it even better. Let's go back to the guys that said that, you know, the City was in turmoil and, you know, this shouldn't be because here's the thing, those guys that did it to the rest that they came after, those guys get it. So I say, you know, let's go one step further and let's take it off completely and then we won 't have this issue. I'm down for that. Chair King: No. Commissioner Reyes: That -- you can't do that. Chair King: No, you can't do -- Commissioner Gabela: Oh, we can't do that? Chair King: No, you can't do that. And Commissioner Pardo, I respect what you say. It is not self -dealing. I don't agree with that at all. However, that opt -in policy, you City ofMiami Page 64 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 don 't have to take it. And that's the beauty of this legislation. If you're not in favor of it, but you don't have to decide what is best for not only this body, but commissioners to come. Commissioner Pardo: But it's not about taking it or not taking it. It's about the way that it's being -- Chair King: No, no, no. I am -- Commissioner Pardo: Well, no, just let me finish. It's about the way that it's being approved. I mean, if we can put gym equipment on the ballot, 1 think we can put this on the ballot. Commissioner Gabela: You know what? I agree. I have no reservations to put it on the ballot. Chair King: Well, I don 't agree with that. Other municipalities have not gone to put this on the ballot. It's here before us. Let's take our vote. We've heard from everybody. May I have a motion for FR.2? Vice Chair Carollo: I will present the notion, Madam Chair, and let me say this. Whether this gets passed or not, the only person up here that is presently entitled to a pension is myself that can't be taken, by state law. So I'm not voting this for me to get a pension. I have one already. And I may add, this is a pension that was adopted by the City Commission in 1994. None of you were members of this body then, nor was L I was elected citywide, back when we had citywide commissioners, in November 1995. And then mayor about seven months later in 1996. So I never voted then in the pension. But it is not fair, and I've heard what Commissioner Gabela has stated, and it's true. There were people that were sitting here some years back that they said, no, no, no, we have to do away with the pensions, but not for them. Not for them. So the only way that you could bring some balance, not fidly, but some, is by doing this. In fact, what is being proposed, and I've looked at it, is now you need to he 62 years of age to receive a pension. Commissioner Reyes: I'm vested. Vice Chair Carollo: Yeah, you are vested, Commissioner. Commissioner Reyes: (INAUDIBLE). Vice Chair Carollo: Well, I've been vested for a long, long time. So, these are my reasons for voting yes. There are many areas that we are duly authorized to approve. Not every vote that we make has to be brought up to a general vote, otherwise we would never finish a lot of the work that we have. So having said that, Madam Chair, I'm ready for a vote. Chair King: So I have a motion and a second. Commissioner Gabela: But we -- Chair King: We need to -- Mr. Hannon: Who's the seconder? Chair King: Commissioner Gabela? Commissioner Gabela: Can I say one more thing and let me add that to the record. Okay. But like the gentleman was saying that maybe this should be done through a City ofMiami Page 65 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 referendum. I don't remember back then when the gentleman that did this to take the pension, but they didn't do it to themselves, like Commissioner Carollo's saying, I don't remember them doing it by a referendum. As a matter offact, 1 think they did it by resolution, like we're doing here today, you know. So, I -- you know, there's a certain hypocrisy here, you know, that you tell me that the City of Miami is in turmoil because we just came out of the 2008 financial crisis, you know, and you know, we need to tighten the belt, which I understand. You know, but you know, to me, that has value and it's moral if they would have done it to themselves. But what must be understood here is, like Commissioner Carollo said, was they took the vote, but they excluded themselves, and they are still getting those pensions. You know, the only thing we're doing here is we're giving the option of hey, do you want to go out with a lump sum? Because, by the way, you know, when we leave here, if you serve the eight years, you do get one lump sum. Let's put it out there in the record. Why are we getting away from this, you know? And this is only to say, no, you know what, I don't want the lump sum. I'll take the retirement plan. And again, Ifail to see we're here, we are doing something immoral when the ones that started this a couple of years back, they were the ones that I think was done -- what they did was done incorrectly because they didn't do it to themselves. Had they done it to themselves, then that would have held weight and I would have never brought this up. You know, but I want to level the field and like I said, I want to bring value to future commissioners, alright? And that's all it is. And you know, I fail to see -- and by the way, if this body wants to do it by referendum, I'll do it by referendum and let the voters decide, you know. But back then, I reiterate, the commissioners that were here, that thought it was a good idea, but not a good idea for themselves, so you know, do what I say, but not as I do, okay? They didn't go to referendum. They did it like we're doing the reverse here. I just want to put that on the record. Chair King: Thank you. So I have a motion and a second and the City Clerk needs to read something in for the record for this. Mr. Hannon: Thank you, Chair. The mover and seconder have incorporated in their motion the substitution memo from July 9th, 2024. Thank you, Chair. Chair King: Thank you. All in favor? Commissioner Gabela: Aye. Vice Chair Carollo: Aye. Chair King: Aye. Commissioner Reyes: No. Commissioner Pardo: No. Chair King: Motion carries, 3-2. Thank you. SR.2 was pulled for discussion. Vice Chair Carollo: By the way, Chairwoman, the 401(c)(k) [sic], which is a pension that we all receive, Mr. Gabela, can you tell me when that went to a referendum to be approved? Commissioner Gabela: Which one? Vice Chair Carollo: The 401(k) that we all get for a pension. Commissioner Gabela: No, it was just done. City ofMiami Page 66 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Vice Chair Carollo: Exactly. Commissioner Gabela: I'm being transparent. I'm being transparent. Vice Chair Carollo: Exactly. That's the point that I'm trying to make. Commissioner Pardo: It's a completely different retirement plan. Vice Chair Carollo: No, no but -- Commissioner Gabela: Yeah, but the tax -- Commissioner Pardo: You can't compare that to a pension. Vice Chair Carollo: Alright. Chair King: Let's move on. Commissioner Gabela: But wait a minute, the taxpayer -- Vice Chair Carollo: It's still a pension. Commissioner Gabela: Wait a minute, let's put that on the record. The taxpayer is paying for that plan. Vice Chair Carollo: Yeah. Commissioner Gabela: The taxpayer is paying for that plan. Let's put that on the record, okay, that we leave with a lump sum and the taxpayer -- now I got an idea. You know, if you guys want to be bold, tell you what, let's do a referendum that all the pensions now in November, including from those guys that did it -- Chair King: We can't do that. Commissioner Gabela: -- let's do -- let's -- oh, we can't do that. Vice Chair Carollo: We can't do that. Chair King: So let's take FR.4. Commissioner Gabela: I got it. That one can't be done. City ofMiami Page 67 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 FR.3 ORDINANCE First Reading 16287 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE VI/SECTION 101 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDINGS/UNSAFE STRUCTURES AND UNSAFE STRUCTURES PANEL," TO REQUIRE CERTAIN RESIDENTIAL BUILDING OWNERS TO HOUSE AND PAY FOR REASONABLE RELOCATION COSTS OF DISPLACED RESIDENTS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item FR.3, please see Item FR.1. FR.4 ORDINANCE First Reading 16311 Commissioners and Mayor AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE X/SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CODE ENFORCEMENT/ADMINISTRATIVE COSTS, FINES; LIENS," TO AMEND AND PROVIDE FOR THE CODE ENFORCEMENT BOARD OR SPECIAL MAGISTRATE TO CONSIDER ALL MITIGATIONS OF CODE ENFORCEMENT LIENS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Miguel Angel Gabela, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Gabela, Pardo, Reyes NAYS: Carollo Note for the Record: For minutes referencing Item FR.4, please see Item FR.1. Chair King: FR.4 was pulled for discussion. Vice Chair Carollo: FR.4, yes. Chair King: FR.4. Vice Chair? Vice Chair Carollo: If I may, yeah. As I understand this, what this ordinance is trying to do is that now that we're going back besides the Code Enforcement Board, but to have magistrates, the cases that we're hearing before the Commission now that are extreme cases. These are people that the ordinance that we have passed all the timelines and didn't either pay the amount that they had to pay, nor did they correct the violations that they had. Is that correct on the effect of this? City ofMiami Page 68 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Commissioner Gabela: Yes. So -- where's Robert? Is Robert here? Robert can explain a little. But the idea, Commissioner, was to get away from all this case log that we have, you know, and the red tape, you know. Robert can explain it a little bit better in detail. Vice Chair Carollo: Let's see if we can hear it. Commissioner Gabela: Or Jose can. Which of the two? Robert. Commissioner Reyes: Madam Chair, may I ask something? Yes. The way that I read this, we are -- at the City Commission, we are relinquishing our authority to be the last resource for some people that they have -- I mean, they have a case and they want to bring it to us. And I think that is our right and it is our duty. So I -- if that -- if this is what I think it is that we won't, as a Commission, we won 't be able to hear any mitigation and it's going to be in the hands of the special magister, I don't want to relinquish our authority. And also, it is an avenue of last resort for many people that they consider that it has been unjust, you see, and let us -- I mean, I don't -- I'm not talking about 200, I mean 2,000 fines, all the types of fines, but there are some cases that have come before us that they have been -- they have a good reason, and they have -- I mean, they have a good case. You see, some of them don't, but at least give them the opportunity that in certain cases they should come to before us and we are being the authority, the legislative authority, we will decide which one. I will agree with this if we place limits. You see, some of these cases will come to us, and people will be able to appeal to us. We are the appeals court, you see, that's what we are. Robert Santos-Alborna (Director; Code Compliance): So, Commissioner -- Vice Chair Carollo: If may, Robert. Mr. Santos-Alborna: Robert Santos-Alborna, Code Compliance Director. So -- Vice Chair Carollo: Can you give me one second? Chair King: Hold on a second. Mr. Santos-Alborna: Okay. Vice Chair Carollo: Thank you. I apologize. Mr. Santos-Alborna: No, it's okay. Vice Chair Carollo: Chairwoman, colleagues, the cases that we're receiving have been very few. It really hasn't taken much time overall in our agenda to do. And 1 think it's extremely important, because these are cases of last resort that should be heard by, this body as the ultimate authority. And I think if we look at how we've handled this up here, we've been fairly just and fair -handed in how we've done this in all of our districts, whereas this has not been the case many times in the past with magistrates that they collect very little. And here we have basically put some caps depending on how grave it is. And furthermore, those extreme cases, they should be air out in the open where people at home could see it, people that come here in the audience can see it and hear it. That doesn't happen with magistrates. It doesn't get put out in -- where people at home can see it and few people come to those hearings. In fact, I remember when I first came back as an elected official, it became extremely hard for me to find out when hearings were being -- when hearings occurred for magistrates. So that's the big difference that I see in here. Everything else, I have agreed, they're fine. We have a backlog, let's give it to magistrates and Code Enforcement Board and see how we can move along with that. City ofMiami Page 69 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Mr. Santos-Alborna: So, Chair -- Chairman Carollo -- Vice Chair, so one of the things that I've discussed with each during the review is there are tradeoffs. Specifically, the fact that we've had cases coming here -- Commissioner Reyes: One second. Let me interrupt you. Mr. Santos-Alborna: Yes, sir. Commissioner Reyes: You claim that you -- Chair King: Can we let him finish? Commissioner Reyes: No, no, you just clarified that you discussed with all of us. You didn 't discuss it with me. Chair King: Okay, okay, clarification, but can we let him finish? He did -- I was briefed. Commissioner Reyes: No, but I wasn't, I wasn't, the clarification -- Chair King: Okay, clarification, go on, Director. Mr. Santos-Alborna: There are tradeoffs for having mitigations coming before you. One of the things that -- one of the values of it is that we've seen a significant revenue increase as it relates to code fines. They are parameters that you've established, and we just did it a few minutes ago, with those -- with some of those commercial properties, and those are really, really valuable. A huge concern is that if they come to -- if you say they come only to the Code Enforcement Board and not magistrate, I do have concerns that currently there are cases that are non - homesteaded that are still being zeroed out. And I am mindful of the revenue stream and fines and the nature of the violation. So, those parameters is some of the things that I discussed when I met with many of you. What I talked about, part of the discussion, Commissioner Reyes, was to develop guardrails. I used that term -- Commissioner Reyes: Yes. Mr. Santos-Alborna: -- so that there will be minimum for homesteaded properties, and we understand that the individual has -- you know, may have had challenges and they complied, and they should be treated differently than non -homesteaded LLC (Limited Liability Company) owned residential properties or commercial properties. So, those are things that we talked about shopping and working it with the Legal Department. Okay? Commissioner Reyes: Okay. Mr. Santos-Alborna: So to your questionn for having the cases come before you, and I'm going to yield to Mr. Wysong, but currently I believe that if a case goes to the Code Enforcement Board or a magistrate, the appeal process is not before you. The appeal process is before the 11 th Judicial Circuit. Commissioner Reyes: Yes. Mr. Santos-Alborna: So, I wanted to put that on the record. Commissioner Reyes: Okay, and the way that it's read here, you see, we don't have - - we wouldn't have anybody coming before us, you see? City ofMiami Page 70 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Mr. Santos-Alborna: Right. Commissioner Reyes: Nobody would be able to come to the Commission, to the elected officials, and take a good look at it and make a decision on it. We won 't have that ability because this will preclude it. I know this is only the first reading, but the only way that I would vote for this is that between first reading and second reading, we set those parameters, and we also agree on certain cases, and define the cases if you want, if you must, that will -- I mean, they will have the ability or they have the right to come and appeal to this body. And as they have been doing all the time, and going back to what Mr. -- Commissioner Carollo said, it's minimal, the amount of cases that we receive or mitigations that come before us in every meeting. So, there's not much time that's being consumed. And as a matter of fact, if you take time, that's why we're elected, to serve and to be here and work, you see. And -- but I don't want to take from the people, the right to appeal before the elected officials or the people that they voted for. That's it. Chair King: May I? Mr. Santos-Alborna: Yes, ma'am. Chair King: As I understand it, this magistrate will be helpfid because there's such a backlog of cases. They don't get a quorum and cases just -- the cases that come before us, at least I discussed in our briefing, that there would be an avenue for certain cases to be appealed to the Commission, correct? Mr. Santos-Alborna: Well, that's something that we're going to have to work with Legal, and I'm going to yield to the City Attorney to develop that. If you don't put that in process, the appeal -- because every -- we're big into due process, and every case that goes before the Code Enforcement Board, either the respondent, or we as the -- have the ability to appeal that case to I th Judicial Circuit. Your question is to bring it to you, and 1 think that something that needs to he developed with the City Attorney. George Wvsong (City Attorney): Yeah, the goal of this item was to sort of undo the procedure where these came to the City Commission. In doing that -- and Ms. Arias, a colleague of mine in the office -- we noticed that the -- you know, in a perfect world we would fix the whole thing which would be the mitigation schedule, the amount of the authority, stuff like that. Because the concern is always that even the Code Enforcement Board on the non -- on the homestead properties, oftentimes, mitigates to zero, and we're not sure why or what the criteria is and stuff like that. So, you know, if this body wants to correct the way mitigations are done, we can do that. And we promise that notwithstanding, this can either go forward as is and we come back with a different piece of legislation, or if you prefer to have this board hear these mitigations, then, you know, vote it down. But basically, we're just trying to provide you what you want. Chair King: And we also discussed with this legislation, there are really no parameters and there's no recovery costs, no recovery of costs and expenses. And I don't think that is fair. So, there should be at least a minimum to cover the cost. But I do think we need some parameters for it. I am in support of the magistrate because -- and one, we have to have faith in the representatives that we appoint. We appoint to the Code Enforcement Board, because of the backlog, I believe that having a magistrate is safe. I don't believe that that person should have the ability to zero out anyone. Anyone that's zeroed out, that should come to us, because we should recover costs and expenses that the City incurs. But I trust my appointee to the Code Enforcement Board. It is disheartening that we cannot have -- we do not get quorum City ofMiami Page 71 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 often and we have a backlog of cases. And that backlog of cases will never come before us. And it's just tying up, tying up everyone's time. So I'm in support of having a magistrate, but again, 1 do believe we should have some parameters in place. We have some guidelines as to recovery of costs and expenses. And then perhaps some venue that we can -- the most egregious cases may come before us for mitigation. And I'm going to turn it over to the sponsor of this item. Commissioner Gabela: So, I'm the sponsor of this item, and the reasons was because what some of which you just stated. One of them is the backlog of cases. And I heard you, Robert, say that with the board, you were having problems and a lot of times they were walking away with zero. They were paying zero. Mr. Santos-Alborna: That is correct. Commissioner Gabela: Is that the case? Mr. Santos-Alborna: That is correct. Commissioner Gabela: And by the way, I was amply briefed on this, as I think you were, I don't know about you, Commissioner Pardo, Carollo, and Manolo, but 1 was briefed, well, I was one of the authors of this, and it's for that. And the other thing is I do not feel comfortable -- but by the same token, and you said that after this, we're not the last resort, they -- right now they can go to the 11 th, is what you said. Mr. Santos-Alborna: That is correct. Commissioner Gabela: Okay. So what I want to do is reduce the case log, is my intention, okay? You know, and the -- and then we get away from the -- not leaving it in their hands, and of course, they're going to pay zero so then they can get away with it all the time. I understand. So what we're trying to do is something in the middle here. I, for one, do not feel comfortable putting a price tag on, you know, what they owe because 1 think it makes us look had, you know, hut, you know, that's personally, for me. You know, so I'm willing to, you know, to come back and revisit and if we've got to tweak it. So you gentlemen down there, I don't know how you feel. Pardo, how do you feel? Commissioner Pardo: I'm supporting it. I'm co -sponsoring. Commissioner Gabela: Okay. So that's my two cents. Chair King: So, do you want to defer it or do you want to move forward with first reading and -- Commissioner Gabela: Let's move forward with the first reading and then let's tweak it before the second reading. Chair King: I agree. Commissioner Gabela: If that's amendable to you ladies and gentlemen. Vice Chair Carollo: If may, Chair? Chair King: Go ahead. Vice Chair Carollo: What I don't understand is that we all are talking about the backlog that we have in cases, for magistrates, for Code Enforcement. This is the reason we are bringing magistrates back. What is the big concern of this City ofMiami Page 72 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Commission taking, like we have been, some of that backlog away and us hearing the minimal amount of cases that we've been hearing? That helps with the backlog. But the only cases that we have been hearing are those that after the ordinance that we have that have guidelines, that they get discounts of so much if they correct and pay by a certain time in their breakdowns in the percentages of discounts they get, once all that is expired and they get no discount, those are the ones that we're hearing, and it's the minimum amount. And with that, I agree with Commissioner Reyes. We should be hearing those cases. They should be out in the open so that everyone at home can see it, totally, in the sunshine, and they're minimum cases, and we're helping the backlog, whatever it is, by taking those additional cases. As far as the magistrates -- and I don't think this is part of this ordinance, I thought we had done this separately. It's fine. We go with the magistrates and see how that's going to work and alleviate our backlog. But, for the small amount of cases that are in the form as I described here, I believe we should handle those cases like we've been doing. Commissioner Gabela: But Madam Chair, I'm the author, the sponsor. I say call the vote. Chair King: So, do I have a motion? Commissioner Gabela: Motion. Chair King: Do I have a second? Commissioner Pardo: Second. Chair King: I have a motion and a second. First reading for FR.4. All in favor? Commissioner Gabela: Aye. Commissioner Pardo: Aye. Vice Chair Carollo: Nay. Chair King: Aye. Commissioner Reyes: (INAUDIBLE) I'm voting in favor of this, but with the condition that you come, because it's first reading, and will give the opportunity to fine-tune this ordinance in a way that everybody, I mean, that we don't close the door, we don't close the door for the residents to be able to come and plead their case before us. Because as a matter of fact, people don't -- 1 mean, let's not forget that they elected us, they did not elect the magistrate and there has to be parameters placed on the magistrate because back history, I mean, all history, we have, and that was the biggest problem, that why they was eliminated in the first place, that -- that certain things happened that it shouldn't happen, you see? And there was some favoritism, because we are all humans, and you are a friend of a friend. And you know everybody that comes here, they have to be certain parameters. And those parameters have to be very clear when you bring it back. And I would suggest that you sit with each one of us, and you clar fy all the concerns and we shall incorporate in the second reading all our concerns and the right of the residents to come and plead the case before this body. Okay? Mr. Santos-Alborna: Understood. Todd B. Hannon (City Clerk): Chair, just for the record, FR.4 passed as is 4-1 with Commissioner Carollo voting no. City ofMiami Page 73 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Chair King: Correct. Thank you, Director Santos. Mr. Santos-Alborna: Thank you. END OF FIRST READING ORDINANCES City ofMiami Page 74 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 AC.1 16268 Office of the City Attorney AC - ATTORNEY -CLIENT SESSION ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE JULY 11, 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 ROBERT GUSMAN, BRUCE GUSMAN AND JACKIE GUSMAN THAYER AS SUCCESSOR TRUSTEES OF THE REAL PROPERTY OF MAURICE GUSMAN CULTURAL CENTER FOR THE PERFORMING ARTS, INC., A DISSOLVED FLORIDA NOT FOR PROFIT CORPORATION, V. CITY OF MIAMI, CASE NO. 22- 23242 CA 01, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA, AND MAURICE GUSMAN CULTURAL CENTER FOR THE PERFORMING ARTS, INC., A DISSOLVED FLORIDA NOT FOR PROFIT CORPORATION, V. CITY OF MIAMI, CASE NO. 3D23-1842, 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, DAMIAN PARDO, AND MANOLO REYES; 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, AND ASSISTANT CITY ATTORNEYS ERIC J. EVES AND MARGUERITE C. SNYDER. 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 Note for the Record: For additional minutes referencing Item AC.1, please see "Public Comments for AllItem(s)." City ofMiami Page 75 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Chair King: Welcome back to the City of Miami Commission meeting for July 11 th, 2024. Mr. City Attorney, do you have a statement for us? George Wysong (City Attorney): Yes, Madam Chair. I have to read a statement regarding the attorney -client session. On June 18th, 2024, under the provisions of Section 286.011(8), Florida Statutes, I requested that this City Commission meet in private to discuss pending litigation in the cases of Robert Gusman, Bruce Gusman, Jackie Gusman Thayer, the successor trustees of the real property of Maurice Gusman Cultural Center for the Performing Arts, Inc. (Incorporated), the dissolved Florida not -for -profit Corporation versus the City of Miami, Case Number 22-23242 CA 01, pending in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida; and Maurice Gusman Cultural Center Jrothe Performing Arts, Inc., a dissolved Florida not -for -profit corporation versus City of Miami, Case Number 3D23-1842, pending in the District Court of Appeal of the State of Florida, Third District, to which the City is presently a party. The City Commission approved my request, and will now, at approximately 2:35 commence a private attorney -client session under the parameters of Section 286.011(8), Florida Statutes. The subject of the meeting will be confined to settlement negotiations or strategy sessions relating to litigation expenditures. This private meeting will conclude approximately one hour later. The session will be attended by the members of the City Commission, which include Chairwoman Christine King, Vice Chairman Joe Carollo, Commissioners Miguel Angel Gabela, Damian Pardo, and Manolo Reyes, the City Manager Arthur Noriega V, City Attorney George K. Wysong III, Chief Deputy City Attorney John A. Greco, Deputy City Attorney Kevin Jones, Assistant City Attorneys Eric Eves and Marguerite Snyder. 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 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, Mr. City Attorney. At this time, the City of Miami Commission Meeting for July Ilth, 2024 is in recess. We will resume after our attorney -client session. Thank you. [Later...] Chair King: Welcome back to the City of Miami Commission meeting for July 7th [sic], 2024. I'm joined with my colleagues. We have two items remaining, and I'm going to ask my colleagues if any of these items they wish to defer. Todd B. Hannon (City Clerk): Chair, my apologies. Mr. Wysong: Madam Chair, we just want to announce that the attorney -client session has concluded -- Chair King: Sorry. Mr. Wysong: -- so thank you. Chair King: Thank you. END OF ATTORNEY -CLIENT SESSION City ofMiami Page 76 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 BC.1 8938 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE AFFORDABLE HOMEOWNERSHIP LOAN PROGRAM TASK FORCE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jasmine Johnson Commissioner Christine King ENACTMENT NUMBER: R-24-0277 MOTION TO: Adopt RESULT: ADOPTED MOVER: Miguel Angel Gabela, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Mr. City Attorney [sic], do we have any board appointments? Todd B. Hannon (City Cleric): Thank you, Chair. Yes. BC.1, Affordable Homeownership Loan Program Task Force. Chair King will be reappointing Jasmine Johnson. Chair King: Do I have a motion? Commissioner Gabela: Motion. Chair King: I have a motion. Second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Commissioner Reyes: Yes. City ofMiami Page 77 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 BC.2 14754 Office of the City Clerk BC.3 6672 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez 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 AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City ofMiami Page 78 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 BC.4 15894 Office of the City Clerk BC.5 15417 Office of the City Clerk RESULT: NO ACTION TAKEN 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 Commission -At -Large Commission -At -Large RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large City ofMiami Page 79 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 BC.6 6958 Office of the City Clerk BC.7 16284 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 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 CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. RESULT: APPOINTEES: (Alternate At -Large Member) (Alternate At -Large Member) NO ACTION TAKEN NOMINATED BY: Commission -At -Large Commission -At -Large City of Miami Page 80 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 BC.8 15122 Office of the City Clerk BC.9 14041 Office of the City Clerk 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 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN AND QUALITY OF LIFE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Clevell Brown -Jennings ENACTMENT NUMBER: R-24-0278 MOTION TO: RESULT: MOVER: SECONDER: AYES: Adopt ADOPTED Manolo Reyes, Commissioner Miguel Angel Gabela, Commissioner King, Carollo, Gabela, Pardo, Reyes NOMINATED BY: Commissioner Christine King Note for the Record: A motion was made by Commissioner Reyes, seconded by Commissioner Gabela, and was passed unanimously, to appoint Clevell Brown - Jennings as a member of the Commission on the Status of Women and Quality of Life Committee; further waiving the employment prohibition contained in Section 2-884(e) of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the City Commission, as said requirement relates to the appointment of Clevell Brown -Jennings as a member of the Commission on the Status of Women and Quality of Life Committee. City ofMiami Page 81 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 BC.10 15420 Office of the City Clerk Todd B. Hannon (City Clerk): BC.9, Commission on the Status of Women and Quality of Life Committee. Chair King will be appointing Clevell Brown -Jennings with a four - fifths employment waiver. Chair King: May I have a motion? Commissioner Reyes: Move it. Chair King: I have a motion. Second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Mr. Hannon: That concludes the boards and committees. Thank you, Chair. Chair King: Thank you. Commissioner Reyes: Yes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King City ofMiami Page 82 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 BC.11 16052 Office of the City Clerk RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 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 Manolo Reyes Commissioner Christine King Commissioner Christine King IAFF FOP AFSCME 1907 City ofMiami Page 83 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 BC.12 15097 Office of the City Clerk BC.13 7963 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 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 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 City ofMiami Page 84 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 BC.14 16285 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: (Architect/Architectural Historian — Category 4) (Real Estate Broker — Category 5) (Citizen — Category 7) (Historian/Architectural Historian — Category3) (Business and Finance or Law — Category 6) (Architect — Category 1) (Alternate in Business and Finance or Law Category 8) (Landscape Architect — Category 2) RESULT: NO ACTION TAKEN Commissioner Miguel Angel Gabela Commissioner Damian Pardo Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 85 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 BC.15 16055 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER ("LGBTQ") ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Christine King Commission -At -Large City of Miami Page 86 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 BC.16 15421 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S COUNCIL ON GLOBAL COMPETITIVENESS FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Damian Pardo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large City of Miami Page 87 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 BC.17 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 ofMiami Page 88 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 BC.18 9270 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI TECHNOLOGY COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 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 ofMiami Page 89 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 BC.19 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 ofMiami Page 90 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 BC.20 3693 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 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 ofMiami Page 91 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 BC.21 16286 Office of the City Clerk BC.22 16056 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 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES Mayor Francis Suarez City ofMiami Page 92 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 16308 A DISCUSSION ITEM REGARDING THE 2024 FLORIDA City Manager's LEGISLATION REPORT. Office MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item DI.1 was continued to the September 12, 2024, City Commission Meeting. Chair King: And then we have DI.1 and 2. Do we want to defer these? Commissioner Reyes: (INAUDIBLE). Chair King: Okay. I have a motion. Do I have a second? Commissioner Pardo: I'll second. Vice Chair Carollo: Second. Chair King: I have a motion and a second to defer. Commissioner Gabela: I'm the last one here. What are we deferring? Chair King: DL1 and DL2. Commissioner Gabela: Yes. Chair King: So, I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously to the -- Todd B. Hannon (City Clerk): July 25th? Chair King: That's going to be a pretty packed. Mr. Hannon: The next meeting then would be September 12th. Chair King: September 12th. Vice Chair Carollo: That's also for SR.2, September 12th, correct? Chair King: Well, no we had said the July -- so you want to move it to September 12. Vice Chair Carollo: September 12th. City ofMiami Page 93 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Chair King: All 3? Vice Chair Carollo: All 3. Mr. Hannon: Okay, so just a moment. Let's -- so, for DL1 and 2, it was moved jbr the deferral to September 12th. DL1 and 2, moved by Commissioner Reyes, seconded by Commissioner Pardo. If we could take a vote on that. We're going to need to reconsider SR.2. Chair King: Okay, all in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. DI.2 DISCUSSION ITEM 16251 Commissioners and Mayor A DISCUSSION ITEM REGARDING THE POSITION OF CHAIRMAN OF THE BAYFRONT PARK MANAGEMENT TRUST. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: Item DL2 was continued to the September 12, 2024, City Commission Meeting. Note for the Record: For minutes referencing Item DL2, please see Item DL1. END OF DISCUSSION ITEMS City ofMiami Page 94 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE Second Reading 14891 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "PUBLIC PARKS AND RECREATION" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 20 SOUTHEAST 10 STREET AND 25 SOUTHEAST 10 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14297 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Chair King: Let's see. Can we wrap up the PZ (Planning and Zoning) items? Mr. City Attorney, would you please read for the record our PZ items? George Wysong (City Attorney): Yes, Madam Chair. Chair King: The titles. Mr. Wysong: PZ.1. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: PZ.2. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: PZ.3. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: And finally, PZ.4. The Ordinance was read by title into the public record by the City Attorney. Mr. Wysong: Thank you, Madam Chair. City ofMiami Page 95 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 Chair King: Are there any items that you guys would like to pull for discussion in the PZ items 1, 2, 3, or 4? Okay, I just want to wait for Commissioner Reyes to come back. I don 't want to have the vote without him or pass -- he may want to -- [Later...] Chair King: Commissioner Reyes, do you have any items on the PZ --? Commissioner Reyes: (INAUDIBLE). Chair King: I have a motion and a second. All in -- David Snow (Assistant Director, Planning): Madam Chair, I apologize. PZ.4 is as amended with the revisions of the proffered covenant submitted. Chair King: As amended. So I have a motion and a second for PZ. 1, 2, 3, and 4, as amended. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. PZ.2 ORDINANCE Second Reading 14892 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "CS," CIVIC SPACE TRANSECT ZONE, TO "T6-48-B-O," URBAN CORE TRANSECT ZONE -OPEN, OF THE PROPERTY GENERALLY LOCATED AT 20 SOUTHEAST 10 STREET AND 25 SOUTHEAST 10 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14298 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.2, please see Item PZ.1. City of Miami Page 96 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 PZ.3 ORDINANCE First Reading 15938 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 185 NORTHEAST 59 STREET AND 175 NORTHEAST 59 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.3, please see "Public Comments for All Item(s)" and Item PZ.1. PZ.4 ORDINANCE First Reading 15939 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R," URBAN CENTER TRANSECT ZONE — RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT ZONE - OPEN, OF THE PROPERTY GENERALLY LOCATED AT 185 NORTHEAST 59 STREET AND 175 NORTHEAST 59 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For minutes referencing Item PZ.4, please see "Public Comments for All Item(s)" and Item PZ.1. END OF PLANNING AND ZONING ITEM(S) City ofMiami Page 97 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 NA.1 16356 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), FOR CONSIDERATION AT A SPECIAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, PROPOSING, UPON APPROVAL OF THE ELECTORATE, TO AMEND SECTION 4 OF THE CHARTER, TITLED "FORM OF GOVERNMENT; NOMINATION AND ELECTION" TO REQUIRE CONTINUOUS RESIDENCY IMMEDIATELY PRECEDING QUALIFYING FOR THE OFFICES OF COMMISSIONER AND MAYOR; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-24-0276 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Damian Pardo, Commissioner AYES: King, Carollo, Gabela, Pardo, Reyes Note for the Record: For additional minutes referencing Item NA.1, please see "Order of the Day." Chair King: May I have a motion to approve Pocket Item 1? Commissioner Reyes: Move it. Commissioner Pardo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 98 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 NA.2 16373 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 JULY 25, 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 (PLAINTIFFS) V. CITY OF MIAMI (DEFENDANT), AND CITY OF MIAMI (COUNTER -PLAINTIFF) V. TOWER HOTEL, LLC, BEATSTIK, LLC, (COUNTER -DEFENDANTS) AND WILLIAM FULLER, MARTIN PINILLA, BEN BUSH, ZACK BUSH, ALTOS MEXICANO, LLC D/B/A TAQUERIAS EL MEXICANO, BNZ BAR, LLC, BNZ FIESTA, LLC, CALLE OCHO MARKETPLACE, LLC, CHARLIE LICKSTERZ, LLC, LA GRAN FIESTA, LLC, LITTLE HAVANA ARTS BUILDING, LLC, MAD ROOM, LLC D/B/A BALL AND CHAIN AND YO AMO CALLE OCHO, LLC (THIRD PARTY DEFENDANTS) 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 CHAIRWOMAN CHRISTINE KING, VICE-CHAIRMAN JOE CAROLLO, COMMISSIONERS MIGUEL ANGEL GABELA, DAMIAN PARDO, AND MANOLO REYES; 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. CORTINAS, City ofMiami Page 99 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 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 Chair King: Okay, in the meantime, I'll have our City Attorney read the script he has to put in the record for our shade meeting. George Wysong (City Attorney): Thank you. This is a request Jroa new shade meeting from our outside counsel, Mr. Chairman and members -- Madam Chairman and members of the City Commission. Pursuant to the provisions of Section 286.011(8), Florida Statutes, I'm requesting that at the City Commission meeting of July 25, 2024, an attorney -client session closed to the public be held for purposes of discussing the pending litigation in the matters of one, 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 Gran Fiesta, LLC versus City of Miami, case number 21-CV-23485-RKA, pending in the United States District Court for the Southern District of Florida. Case number two, 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, plaintiffs, versus City of Miami defendant and City of Miami counter plaints versus Tower Hotel, LLC, Beatstik, LLC, counter defendants, and William Fuller, Martin Pinilla, Ben Bush, Zach Bush, Altos Mexicano, LLC, d/b/a Taquerias El Mexicano, BNZ Bar, LLC, BNZ Fiesta, LLC, Calle Ocho Marketplace, LLC, Charlie Liquors -- Licksterz, LLC, La Gran Fiesta LLC, Little Havana Arts Building LLC, Mad Room LLC, d/b/a Ball and Chain, and Yo Amo Calle Ocho LLC, third party defendants, case number 2022-008069-CA-44, pending in the circuit court of the 11 th Judicial Circuit, in and for Miami -Dade County, Florida, and three, Tower Hotel, LLC, a Florida limited liability company, Piedras 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 versus 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 a.m. or soon thereafter as the Commissioner's schedules permit and conclude approximately one hour later. The session will be attended by the members of the City Commission, which include Chairwoman Christine King, Vice Chairman Joe Carollo, Commissioners Miguel Angel Gabela, Damian Pardo, and Manolo Reyes, the City Manager, Art 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, Esquire, Michael E. Dutko, Esquire, and Angel A. Cortinas, Esquire. A certified court reporter will be present to ensure that this session is fuily 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 City of Miami Page 100 Printed on 08/21/2024 City Commission Meeting Minutes July 11, 2024 NA.3 16374 Office of the City Clerk ADJOURNMENT 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. DISCUSSION ITEM CITY COMMISSIONERS ACKNOWLEDGED COMMISSIONER DAMIAN PARDO'S BIRTHDAY. RESULT: DISCUSSED Chair King: Back to if it is the will of this body to defer any of the items that we have remaining. Commissioner Gabela: So, we've got two, right? Chair King: It's two -- two discussion items. Commissioner Gabela: So, on a lighter note, I'd like to acknowledge that tomorrow is this gentleman's birthday. I've just been told. Chair King: Oh, my gosh. Happy birthday. I didn't know. Commissioner Gabela: Happy birthday. Commissioner Pardo: Thank you. Chair King: Happy birth -- I know, right? But congratulations on another successful spin around the sun. Commissioner Pardo: Thanks. Chair King: May God continue to bless you all the days of your life. Commissioner Pardo: Thank you very much. Chair King: Happy birthday. Commissioner Pardo: Thank you all, appreciate it. The meeting adjourned at 3:29 p.m. City ofMiami Page 101 Printed on 08/21/2024