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HomeMy WebLinkAboutCC 2022-02-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com �YOp r 1 ' 'Parr +� v * INCORP ORATEO * 1896 Meeting Minutes Thursday, February 10, 2022 9:00 AM City Commission Meeting City Hall City Commission Francis X. Suarez, Mayor Christine King, Chair, District Five Joe Carollo, Vice Chair, District Three Alex Diaz de la Portilla, Commissioner, District One Ken Russell, Commissioner, District Two Manolo Reyes, Commissioner, District Four Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes February 10, 2022 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Diaz de la Portilla, Commissioner Russell and Commissioner Reyes On the 10th day of February 2022, 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. Chairwoman King opened the meeting at 8:39 a.m. for presentations and proclamations only. Upon conclusion of presentations and proclamations, Chairwoman King officially called the meeting to order at 9:12 am, recessed at 11:11 a.m. for the lunch recess, reconvened from the lunch recess at 3:31 p.m., and adjourned at 7:15 p.m. Note for the Record: Commissioner Diaz de la Portilla entered the Commission chambers at 9:22 a.m., and Commissioner Carollo entered the Commission chambers at 9:34 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: At this time, we're going to call the City of Miami Commission meeting to order for February ] oth, 2022. I am going to ask Pastor Quincy Cohen to start us in prayer. Where is he? Go get him. Quincy Cohen is my Chief of Constituent Affairs. He is also the pastor of A.M. Cohen Temple in Overtown. And he is the grandson of the founder of the church, which we are going to do a street designation in honor of his grandfather. So, I think it'd be appropriate and fitting that he provide us with the prayer for today's meeting. Invocation delivered. Chair King.: Amen. Thank you. And Commissioner Russell, would you honor us with the pledge of allegiance? Pledge of allegiance delivered. Chair King: Thank you. Welcome again. (COMMENTS MADE OFF RECORD) City of Miami Page 1 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 PART A - NON -PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS PR.1 11428 PROTOCOL ITEM Honoree Presenter Protocol Item Purvis Young Day Mayor Suarez and Commissioners Proclamation Henry Hunnefeld Mayor Suarez and Commissioners Certificate of Merit Kemarr Brown Mayor Suarez and Commissioners Certificate of Merit RESULT: PRESENTED 1) Mayor Suarez and Commissioners paid tribute and honored the late Purvis Young, Mr. Young was born in Liberty City. As a young boy, Purvis spent time with his uncle, Irvin Young, a well-known local sign painter who introduced him to drawing and painting. Purvis had very limited formal education and did not attend high school. As a young man, Purvis spent three years (1961-64) in prison at North Florida's Raiford State Penitentiary for breaking and entering. While in prison Purvis realized the life of crime was not for him and made a choice to leave that world behind and pursue the life of an artist. He regained his interest in art and began drawing and studying art books. When released, he began to produce thousands of small drawings, which he kept in shopping carts and later glued into discarded books and magazines that he found on the streets. He proceeded to move into the Overtown neighborhood of Miami. Through his works, he expressed social and racial issues, and served as an outspoken activist about politics and bureaucracy. Today he is credited with influencing the art movement terms Social Expressionism or Urban Expressionism. Elected Officials paused in their deliberations to honor and commend Purvis Young for his invaluable contributions to our community and to extend to him our best wishes for the continued success of his noble endeavors and thereby proclaimed February 20, 2022, as "Purvis Young Day" in the City of Miami. 2) Mayor Suarez and Commissioners presented a Certificate of Merit to City of Miami City Attorney Henry J. Hunnefeld. Mr. Hunnefeld has served in the Office of the City Attorney from June 1999 through January 25, 2019. He was appointed Supervisor of Civil Litigation & Appeals in 2008. He was named Senior Assistant City Attorney in 2013. He retired on January 25, 2019 and, on January 28, 2020, he was hired as a legal consultant until December 25, 2021. Mr. Hunnefeld has handled some of the City's significant cases. He is one of only a few attorneys that has more than one board certification. He is board certified by the Florida Bar in Civil Trial and City, County, and Local Government. Henry has been a tremendous asset to the Office of the City Attorney and the City of Miami. Elected Officials paused in their deliberations to pay tribute and recognize his great efforts, education and leadership while thanking him for elevating the quality of life in the City of Miami. Furthermore, the Commissioners wished him good luck in his future endeavors. City of Miami Page 2 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 ORDER OF THE DAY 3) Mayor Suarez and Commissioners presented a Certificate of Merit to City of Miami Assistant Director for the Planning Department Kemarr Brown. Ms. Brown was recognized for her excellent service, she started at the City of Miami in 2015 as a Business Process Analyst in the Information Technology department. She is currently the City's Enterprise Program Manager and an Assistant Director for the Planning Department. In her capacity as the City's Enterprise Program Manager, Ms. Brown and her two person team mapped out the City's permitting processes and translated them into the digital platform we know today as ePlan. This technological innovation now serves to assist residents, property owners, and businessowners submit electronic permit requests through various City Departments for review and approval. In addition to ensuring that developers captured the City's needs accurately, she also coordinated training for hundreds of City employees, residents, and customers, in the lead up towards ePlan implementation. On October 1, 2018, the Building department was the first to go live in ePlan, with Planning, Zoning and Public Works following before the end of 2018. Her logical mind and delightful disposition have inspired and challenged staff to streamline processes, improve customer service practices, and provide increased visibility and accessibility to information. Elected Officials paused in their deliberations to pay tribute and recognize her great efforts, education and leadership while thanking her for elevating the quality of life in the City of Miami. Furthermore, the Commissioners wished her good luck in her future endeavors. Presentations made. Chair King: At this time, while I am waiting for my colleagues, I'm going to have City Attorney Min read the procedures to be followed during this meeting. Barnaby Min (Deputy City Attorney): Thank you Madam Chair. 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 latest City requirements for a lobbyist 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 available in the City Clerk's office or online at 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 online at 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 Section 2-8 of the City Code. Any documents offered to the City Commission that have not been provided seven days beforehand as part of the meeting for the agenda materials will be entered into the record at the City Commission's discretion. If any Commissioner thinks the documents supplied to the Commission in fewer than seven days before merits a continuance, the item may be continued by the City Commission. Pursuant to Section 2-33 (f) and (g) of the City Code, the agenda and the material for each item in the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at MiamiGov.com. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission unless modified by the Chair. Public comment will begin at approximately 9 o'clock 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 MiamiGov.com/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been and will be distributed to elected officials and City's administration throughout the day so that City of Miami Page 3 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 the elected officials can consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to the elected officials up until the time the chairwoman closes the public comment period. Public comment may also be provided live at City Hall at 3500 Pan American Drive, Miami, Florida, subject to any and all city rules as they may be amended. Due to the ongoing surge of COVID-19 cases throughout Miami -Dade County, including in the City of Miami, persons who wish to provide public comment in City Hall today are subject to certain reasonable COVID-19 safety measures in order to prevent the further spread of the virus and to protect City employees, visitors, and others present at today's meeting. If the proposition is to be continued or rescheduled, the opportunity to be heard may be at such a later date before the City Commission takes action on such a proposition. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. Any person with 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 discussed at today's meeting pursuant to Section 286.014 (4)(c) of Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity to the time before the meeting. Please note, commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at MiamiGov. com. Planning and Zoning items shall proceed pursuant to Section 7.1.4 of the Miami 21 Zoning Code as temporarily modified pursuant to Emergency Ordinance Numbers 13903 and 13914. Pursuant to Emergency Ordinance Numbers 13903 and 13914, parties for any Planning and Zoning items, including any applicants, appellants, appellee, City staff 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 either be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk or may appear virtually and make arrangements to be sworn in by oath or affirmation in person at the location by an individual qualified to perform such duty. Pursuant to Emergency Ordinance Number 13903, members of the general public who are not parties to an action pending before the City Commission are not required to be sworn in by oath of affirmation. The members of the City Commission shall disclose any ex-parte communications to remove the presumption of prejudice pursuant to Section 286.014 Florida Statutes and Section 7.1.4.5 of the Miami-21 Code. Staff will briefly present each item to be heard for applications requiring City Commission approval. The applicant will present its application request to the City Commission. tithe applicant agrees with the staffs recommendation, the City Commission may proceed with its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be as set forth in Miami-21 and the City Code, provided the appellant shall present its case first. For appeals, the appellant will present its appeal to the City Commission followed by the appellee. Staff will be allowed to make any recommendations they may have. Please silence all cell phones and other noise -making devices. Thank you, Madam Chair. Chair King: Thank you, Attorney Min. At this time, I'm going to have the Clerk read the procedures for public comment. Todd Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony will 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 City of Miami Page 4 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 currently present at City Hall will be sworn in by me, the City Clerk, immediately after 1 fi.nish 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 zoning items and/or quasi-judicial items. Pursuant to Emergency Ordinance Number 13903, those individuals appearing remotely may be sworn at their location by an individual qualified to administer the oath. After you're sworn in, please be sure to complete, sign, and notarize the affidavit provided to you by the City Attorney's Office. Each individual who will provide testimony must be sworn in and execute an affidavit. Please e-mail a scanned version of the signed affidavit to the City Clerk at thannon@rniamigov.com prior to providing testimony on the Planning and Zoning item and/or quasi-judicial item. The affiant shall be included -- the affidavit shall be included in the record for the relevant item for which you will be providing testimony. Commissioners, are you comfortable with all the notice provisions set forth in these uniform rules and procedures we have established for this meeting? Commissioner Russell: Yes. Mr. Hannon: Chair, may I administer the oath for anyone who will be speaking on today's Planning and Zoning items? Chair King: Please. Mr. Hannon: Thank you, Chair. Good morning. Good morning, ladies and gentlemen. If you will be speaking on any of today's Planning and Zoning items, any of today's Planning and Zoning items, may I please have you stand and raise your right hand. The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair King: Thank you, Mr. City Clerk. Mr. Manager, are there any items that the Administration would like to continue, defer, withdraw, or indefinitely defer? Art Noriega (City Manager): Good morning, Ms. Chairwoman, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: DI1 to be withdrawn; PZ.3 to be withdrawn; PZ.4 to be withdrawn; PZ.5 to be deferred to the April 28th meeting; PZ 6 to be indefinitely deferred; PZ.12 to be indefinitely, deferred; PZ.13 to be deferred to the February 24th meeting; PZ.16 to be indefinitely deferred; PZ.17 to be indefinitely deferred and PZ.18 to be indefinitely deferred. Commissioner Reyes: Mr. City Manager, could you repeat? I'm kind of slow? Mr. Noriega: Are you ready? Commissioner Reyes: Yes, sir. Mr. Noriega: All right. DI.1 -- Commissioner Reyes: Hold on a second. DI.1. Mr. Noriega: -- to be withdrawn. Commissioner Reyes: Okay. City of Miami Page 5 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Mr. Noriega: PZs 3 and 4. Commissioner Reyes: PZ.3 and 4. Mr. Noriega: And 4 to be withdrawn. Mr. Min: To clarify, that's at the applicant's request? Mr. Noriega: Correct. Commissioner Reyes: What else? Mr. Noriega: PZ.5. Commissioner Reyes: 5. Mr. Noriega: To be deferred to the April 28th meeting. Commissioner Reyes: Deferred. Mr. Noriega: PZ.6. Commissioner Reyes: 6. Mr. Noriega: To be indefinitely deferred. Commissioner Reyes: Deferred. Mr. Noriega: PZ.12 to be indefinitely deferred. Commissioner Reyes: Deferred. Mr. Noriega: PZ.13 to be deferred to the February 24th meeting. Commissioner Reyes: Okay. Mr. Noriega: PZ's 16, 17, and 18 all to be indefinitely deferred. Commissioner Reyes: Okay sir. Thank you very much sir. Mr. Noriega: You're welcome. Commissioner Reyes: Thank you. Mr. Min: Madam Chair, while you're considering the order of the day, pursuant to Section 166.041 Florida Statutes as well as the City Code, items PZ.2 and PZ.15 must occur after 5 o'clock unless the Commission, by four -fifths vote, would like to address the matter beforehand. Chair King: Gentlemen? Commissioner Russell: Could I get a clarification on that, please? Mr. Min: So, because PZs 2 and 15 deal with uses, pursuant to the State Statute as well as the City Code, one of the two hearings must occur after 5 o'clock unless the body, by afour fifth's vote, decides to address the matters before 5 o'clock. City of Miami Page 6 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Commissioner Russell: Madam Chair, if1 could? Chair King: Yes. Commissioner Russell: Mr. Min, have we — have we followed that practice explicitly up to now on PZ (Planning and Zoning) items? Mr. Min: Yes, sir. In fact, previously before Section 2-33 of the City Code was amended approximately a year, two years ago, there was a provision in the City Code that allowed the items to be addressed before 5 o'clock, but after 2 o'clock. That provision in the City Code was adopted by four -fifth's vote, which is why that was in the City Code. Since the City Code was amended to allow PZ items to be heard at 9 o'clock, anytime, and it was not done by four fifth's vote to allow the items to be addressed before 5 o'clock that's why you have to have (UNINTELLIGIBLE). Commissioner Russell: And last question, through the Chair. Is it a four -fifth's mote of the body or of those present? Mr. Min: Four -fifth's of the body. Commissioner Russell: Thank you. Chair King: So, Barnaby, as I understand we can vote to hear it before 5 o'clock if we get through everything and it's not 5 o'clock we don't have to wait around till 5 o'clock if we vote on that. Mr. Min: If there's a four -fifths vote in favor of that, yes ma'am. [Later...] Chair King: Commissioners, are there any items that you would like to have withdrawn, deferred, or indefinitely deferred? Commissioner Russell: Yes, Madam Chair. Chair King: Go ahead. Commissioner Russell: Like to indefinitely defer the RE.9, Omni Extension. Commissioner Diaz de la Portilla: Indefinitely deferred? Commissioner Russell: Yes. RE.9, the extension of the Omni CRA (Community Redevelopment Agency). Chair King: Commissioner? Commissioner Diaz de la Portilla: May I ask why indefinitely? Commissioner Russell: It allows us to bring it back anytime, but after talking with the management of the Omni CRA, we're going to hold offfor right now. So, we can bring it back a month from now. Commissioner Diaz de la Portilla: After talking to who? City of Miami Page 7 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Commissioner Russell: Working with my management within the Omni CRA, with the director, the assistant director and staff. Commissioner Diaz de la Portilla: Okay. Chair King: Okay. Commissioner Diaz de la Portilla: Alright. Commissioner Russell: If there is a will to pass it today — Commissioner Diaz de la Portilla: No. Conmaissioner Russell: -- I'm happy to take it. But 1 have -- the tea leaves that Pm reading suggest that perhaps we put it on the back burner for the moment. Chair King: Commissioner, do you have any items that you would like to defer? Commissioner Dial de la Portilla: No, ma'am, not for now, butt reserve the right to do it a little bit later. Chair King: Okay. Commissioner Reyes? Commissioner Russell: Microphone. Commissioner Reyes: Oh, let's see. It is the -- it is the extension of a conversion of the green space into park, it's FR.4. I would like to defer this while we get more information and what are the possibilities of that being used as a no net loss and all of that. I would like more information on it. Commissioner Russell: Madam Chair? Chair King: That's fine. Commissioner Russell: Madam Chair? Chair King: Yes? Commissioner Russell: FR.4 is my item. Chair King: Oh, I'm sorry. Okay. Commissioner Russell: I would like to try to hear it today if possible. It's first reading and I know we have a lot of questions -- Commissioner Reyes: Well, it is -- it is -- Commissioner Russell: -- but we can work with staff between first and second. I'm happy to answer your questions on it. Commissioner Reyes: I know you're always happy to answer questions and you extend yourself when you're asking questions. But I do have concern on it because my problem is that I want to make sure that it is not used in lieu of a park that has been -- parkland that has been used, and this doesn't open the door to any -- any, I will say, even the swales could be converted into -- called parkland. I want to make sure that we have those constraints on it that it will not be used and abused, and that is my problem. I want the City Attorney and Planning to make sure that we have the City of Miami Page 8 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 constraints that it's not used and abused in the future because you're not going to he here for long, okay. You're going to he gone by middle of this year. And also, I'm not going to be here forever. We are not going to be here forever, but we want to make sure that the future of our parks and the future of our city are protected. Okay? Commissioner Russell: Madam Chair, there -- I'm the best person to make the case for this and work through it with you, and I can't meet with you in between meetings, so I would just ask for the discretion of, let's start the item, let's talk about it, and if we don't make it through we defer it. But I would like to at least make the case for it before we defer it. Commissioner Reyes: Sir, what does a week mean to you? 1 mean, two weeks means to you. I mean, it means a lot to me because I want to clam it. But to you, what is the rush? There is somebody that wants to use this as a --1 mean, now I'm making a question, why is the rush? Chair King: Okay, well, I agree with Commissioner Russell, so we have to vote on the items that the commissioners would like to defer? (UNINTELLIGIBLE). Todd B. Hannon (City Clerk): So it's the will of the body. Right now, Commissioner Reyes has requested FR.4 be deferred. However, if it's the will of the body to at least hear the item and then potentially defer after discussion, it's completely within the will of the body. Chair King: So, I'm going to defer to the District Commissioner on this. Is it the will of the body to hear this item? Commissioner Russell: I'd like to hear it. Commissioner Diaz de la Portilla: I'd like to hear it, but reserve the option to defer while we debate, after we debate. Chair King: Okay. Commissioner Reyes: What did you say Commissioner? Chair King: He said he would like to -- Commissioner Diaz de la Portilla: I would like to hear it. Chair King: -- hear it and reserve the right to defer it later. Commissioner Reyes: That is fine, but that is not my position. Chair King: Okay. Commissioner Reyes: Okay, it is three to one. This is democracy and that is the way we work. Chair King: Okay. Commissioner Reyes: Okay. Chair King: Okay. So, we have FR (First Reading) --so Todd, help me with this. Commissioner Russell: I've got one more. City of Miami Page 9 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Chair King: Do we need to do a motion to -- Commissioner Russell: I've got one more, Madam Chair. Chair King: You have one more? Sony. Commissioner Russell: Yes. Requesting of District 1 Commissioner, FR.3, the scooter program. I'd like to ask if you're open to deferring that item as well. I heard from a new company that's managing the scooter program in Los Angeles along with other cities, from what they say seems to be quite successful and they're addressing a lot of the problems we have. There doesn't seem to be a rush to solider our ordinance as we're still in a potentially long process of awarding the RFP (Request for Proposal) and potential challenges. So, I'd like to learn more about the best practices of managing the program and if there's a third party that can do that before we set our ordinance in place. But it's your item. Commissioner Reyes: Can I have a —just question something, it's not that I like to dwell on things, but how come there is not a rush for this and there is a rush for your item. Chair King: Commissioner Reyes, I think we only allowed that we're going to listen to it. Commissioner Reyes: Okay. Chair King: And I'm deferring because it's a district issue. Commissioner Reyes: Okay. No, I'm just pulling his leg. Chair King: Yes, so because -- Commissioner Reyes: Or maybe he's being contradictory once again. Chair King: Good morning, Commissioner Carollo. Vice Chair Carollo: Good morning. Chair King.: How are you today? (Comments made in Spanish not translated). Commissioner Carollo, we are in the process of — Commissioner Diaz de la Portilla: Madam Chair? Chair King: -- selecting items that you may want to defer or withdraw or indefinitely defer. I believe we were with Commissioner Russell. Do you have anything else? Commissioner Russell: No, just requesting to push the scooter program. Chair King: Okay, to defer the scooter program. Commissioner Diaz de la Portilla: I spoke to -- Madam Chair, I spoke to the City Manager a few minutes ago. I want to hear the issue. I may want to extend the program. I know you disqualified, I believe, five companies. So, I want to see the reasoning behind that. I believe part of it had to do with the helmet requirement and other things we were discussing, a number of issues. So, I want to have that -- a little bit of that conversation and maybe we defer, but it's not my choice to defer it right now Madam. City of Miami Page 10 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Commissioner Russell: I'll hold off then. Chair King: Okay. Commissioner Russell: I agree. Chair King: So, we're going to go with the scooter program. Vice Chair Carollo: Madam Chair? Chair King: Yes. Vice Chair Carollo: While I don't believe at this time I have anything to defer, 1 do have two pocket items that I had previously sent a few clays ago that are of an emergency -- Chair King: Okay. Vice Chair Carollo: -- reason that 1 had before us. Chair King: Okay. So, well have your pocket items heard. Okay. Vice Chair Carollo: One is, so that it's on the record, allocating $75,000 that we had for the Three Kings Parade to Carnival Miami that we had not allocated anything. Three Kings is not happening, so well allocate that to them. Chair King: That's Pocket Item 1. Vice Chair Carollo: That's Pocket Item 1, and Pocket Item 2 is a resolution of the Commission, reference House Bill 280. Chair King: Okay, and that's your Pocket Item 2? Okay. Vice Chair Carollo: Thank you. Chair King: So, we need to read -- Mr. Hannon: Thank you, Chair. So, before a motion and a vote is taken on the items that are going to be withdrawn, continued, indefinitely deferred. Ijust have a quick statement that I need to read regarding the indefinite deferral of some of the Planning Zoning items. Pursuant to Section 62-22 of the City Code, indefinitely deferred action initiated by the City will cost the City mail noticing, advertising, and posting of properties as applicable. Thank you, Chair. Chair King: May I have a motion? Commissioner Diaz de la Portilla: So moved. Vice Chair Carollo: Second. Chair King: Motion and second. Mr. City Attorney, can you read the items that are being deferred for the record? Barnaby Min (Deputy City Attorney): What I have, Commissioner, is RE.9 being indefinitely deferred; DI 1 is being withdrawn; PZ.3 is being withdrawn at the applicant's request; PZ.4 is being withdrawn at the applicant's request; PZ.5 is being deferred to April 23rd. City of Miami Page 11 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Mr. Hannon: I'm sorry, Chair, 1 believe that's April 28th. Mr. Min: I'm sorry, April 28th. Commissioner Diaz de la Portilla: Madam Chair, can he start again? And a little bit louder if you don't mind. Mr. Min: I'm sorry. PZ.5 is being deferred to April 28th. Commissioner Diaz de la Portilla: No, start again. Chair King: Start over. Commissioner Diaz de la Portilla: Start over. Chair King: He wants you to startfrom the beginning. And don't go fast. Commissioner Diaz de la Portilla: Yes. Chair King: So, everyone can get it. Commissioner Diaz de la Portilla: It's before 10: 00 a.m. Barnaby. Mr. Min: You know it's difficult for me to speak slowly. So, what 1 have is RE.9 is being indefinitely deferred. Commissioner Diaz de la Portilla: Okay. Mr. Min: PZ.3 is being withdrawn at the applicant's request; PZ.4 is being withdrawn at the applicant's request; PZ.5 is being deferred to April 28th; PZ.6 is being indefinitely deferred; PZ.12 is being indefinitely deferred; PZ.13 is being deferred to February 24th; And PZ.16, 17 and 18 are all being indefinitely deferred. Vice Chair Carollo: Can you go over that please? Mr. Min: I'm sorry? Vice Chair Carollo: From the top down, can you go over just the numbers? Mr. Min: The numbers? Vice Chair Carollo: Yeah, that are being deferred. Commissioner Diaz de la Portilla: Three's the charm, Barnaby. Three's the charm. Mr. Min: So RE.9 on Page 16. Vice Chair Carollo: Okay. Mr. Min: PZ.3 on Page 75. Commissioner Diaz de la Portilla: You skipped the FR and you skipped the discussion items. I'm sorry Madam Chair. Mr. Min: I'm sorry. I'm sorry. You're correct, sir. DI 1 on page 27. City of Miami Page 12 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Vice Chair Carollo: DL1. Mr. Min: DI.1 on page 27 is to be withdrawn. PZ.3 on page 75 is to be withdrawn at the applicant's request. PZ.4 on page 79 is to be withdrawn at the applicant's request. PZ.5 on page 83 is to be deferred until April 28th. PZ.6 on page 86 is to be indefinitely deferred. PZ.12 on page 92 is to he indefinitely deferred. PZ.13 on page 93 is to be deferred to February 24th. PZ.16 on page 101 is to be indefinitely deferred. PZ.17 on page 103 is to be indefinitely deferred. PZ.18 on page 105 is indef- to be indefinitely deferred. And I believe the Commission will also address PZ.15 on page 97 and PZ.2 on page 73 before 5 o'clock if the opportunity is available. Vice Chair Carollo: PZ.15 and PZ -- Chair King: 2. Mr. Min: 2. Vice Chair Carollo: -- 2 will be addressed before 5. Mr. Min: Ifpossible, yes sir. Vice Chair Carollo: Okay. Now, can you go over again the ones that you mentioned front RE.9 -- above RE.9? Mr. Min: I'm not aware of anything before RE.9. Vice Chair Carollo: Okay, so RE.9 was the first one. Mr. Min: That is my understanding, yes, sir. Vice Chair Carollo: Okay. Very good. Thank you. Chair King: Okay. So, we can now -- Mr. Clerk, are there any mayoral vetoes? Mr. Hannon: Oh, Chair, if you could take a vote on the motion and a second for the order of the day. Vice Chair Carollo: Moved. Mr. Hannon: It was already moved and seconded. I just need a vote. Chair King: All in favor? The Commission (Collectively): Aye. [Later...] Chair King: Good afternoon, everyone. I am going to call this meeting to order. There are a couple of housekeeping items that I need to take care of that were missed in the early morning session. Mr. City Clerk I would like to co-sponsor RE.5. City of Miami Page 13 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 PUBLIC COMMENT FOR ALL ITEM(S) 11539 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE FEBRUARY 10, 2022 CITY COMMISSION MEETING. rRESULT: PRESENTED Chair King: Are there any persons here for public comments on any of the items that will be heard today -- in today agenda? If there are, would you please come to the podium. Doug Mayer: Yes, my name is -- Chair King: Good morning. Mr. Mayer: Good morning. My name is Doug Mayer. I live at 1101 Cortez Street, Coral Gables, Florida. I'm here to speak on PH.2, which is funding for an affordable housing development in Commissioner King's District. It's called Citadel Village. This is a project that the Haitian American CDC (Community Development Corporation), who I work for, has been working on for almost four years now. This is the last piece of funding that we need in order to have this project fully funded. It's approximately a $34 million development with 96 units of affordable housing. I wanted to express, first of all, our support that we have gotten from Mayor Suarez Office. Starting three years ago, he has been a supporter of this project, but today it would not have happened if it hadn't of been for Commissioner King's support of this project. It's in her district. It will impact people that live in, you know, in District 5, but it is a citywide project. We're grateful also, Mr. Noriega, for your staff in particular George Mensah, Alfredo Duran and Maria Azon, who all helped get this project over the line. I just wanted to say thank you and we appreciate everything that everyone has done to get this moving forward. Chair King: Thank you. Good morning, Elvis. Elvis Cruz: Good morning, Commissioner. How are you? Chair King: Good. Mr. Cruz: I have a PowerPoint. Okay, there we go. All right. Thank you so much. Commissioners, I'm here regarding items RE.10 and FR.4, which deal with sea level rise, flooding, and bay walks. I have very good news. Chair King: Hold on one second, Elvis. RE.10 was deferred? Commissioner Diaz de la Portilla: No. Chair King: No? Commissioner Diaz de la Portilla: No. Chair King: Okay. Go ahead Elvis. City of Miami Page 14 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Mr. Cruz: Thank you. 1 have very good news on those topics. As you know, Alice Wainwright Park recently got this new seawall. Here it is being installed. Limestone boulders were placed up against the seawall to provide several benefits. They dissipate wave energy, prevent scouring of the bay bottom by wave action, and they create an artificial reef Please notice how bright white the new boulders were on March 26, 2021. Here are those boulders only 10 months later on January 27, 2022. You can see how the artificial reef of boulders now has a thriving colony of marine plant growth, providing a food source, shelter and structure for small fish and water filtering oysters among the many gaps and crevices. Those boulders have created a living shoreline without planting mangroves, which would block the bay view and impede water access. This is what should be done at Morningside Park, a seawall along the shoreline with an artificial reef instead of the Nature Conservancy's horrible plan, which would take 80,000 square feet of Morningside Park's precious waterfront recreational green space and picnic area and turn it into a mangrove swamp that would block the view forever. The public currently enjoys picnics, family portraits, and even weddings along the Morningside Park shoreline, but all these areas would be lost under the proposed plan. Please do not let an outside agency take our precious waterfront in a misguided attempt at environmentalism that would do absolutely nothing to correct the water pollution problem in North Biscayne Bay, which has been shown to be caused by the Little River, not the shoreline of Morningside Park. Chair King: Thank you, Elvis. Mr. Cruz: 1 just have 10 seconds, may I? Chair King: I have to stick to the two minute, because I've been very strict about that to allow everyone to be able to speak. And it would show favoritism to you and then everybody will know you're my favorite neighbor. Thank you, Elvis. Mr. Cruz: I did lose some time at the beginning with the questions that were asked, but -- Chair King: Thank you. Mr. Cruz: Thank you. Chair King: Mr. Kemp? Ulysses Kemp: Good morning, Commissioners and thank you for what you do. And I know sometimes it's difficult and you have to make decisions that are legally binding. And on that same note, I also want to bring it to your attention that I'm here to speak on the items PZ.10 and 11. Those items, because of the fact that they have absolutely no legal justification for requesting the changing on the zoning, that these things should be denied. And also, because of the fact that Planning and Zoning Board denied these items 8-0, unanimously, because they had absolutely no merit. And the item that's 920 Northwest 42nd Street, the City of Miami granted special access for them to use that area for parking with special provisions as far as buffing and shrubbery, and no access to the public. And they at that time said that they would not be requesting a zoning change because it was not a requirement to do that because the city already granted them permission to utilize that because it was a school. Now they're corning saying they want to upzone it. I mean, what can you believe with somebody that tells you they're not going to do something, come back, turn around, and then request it? They revoked the first time. And the other one, 4136, that was just something they couldn't do no matter what because the zoning did not require -- allow it. 19 Northwest 41st Street, this is an area that already have adequate transition from Zoning 3 to Zoning 4. And if I'm not mistaken, the petitioner for this one is asking to City of Miami Page 15 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 change a T3 zoning to a T4 when there's already a T4 existing, which means there's absolutely, again no merit, no requirement even to request that in such a manner. Again — Chair King: Thank you. Mr. Kemp: -- this has been unanimously denied by Planning and Zoning Board. Chair King: Thank you. Mr. Kemp: Please respect that as City officials and do what's legally right. Chair King: Thank you. Mr. Kemp: Thank you. Chair King: Good morning, sir. Reynold Martin: Good morning, Commissioners. My name is Reynold Martin of 3325 Percival Avenue in Coconut Grove. I am here as a vice president of Coconut Grove Homeowners and Tenants Association and the president of the Community Advisory Committee of Coconut Grove. I'm here to support PZ.9 and to read a letter from our president of the Holder Organization who was not able to be here. She states that, Holder restates our Executive Board's support of agenda item PZ.9. As you are aware, this adoption of this item allows the transfer of responsibility of reviewing and making recommendations to the Planning Department on applications that request demolition, construction, and additions and such as properties within Village West, Island District, and historical Charles Avenue in the NCD-2. From the Urban Design Review Board to the Historic and Environmental Review Board, the Commission passed this item unanimously on the first reading on December 9, 2021, and we are hoping that the same outcome occurs today. That would provide us with a sense of relief that stricter adherence to the Miami Zoning Code guidelines would now be applied and this result is better maintain the community's unique character that would not evaporate without this resolution. Thank you, Clarice Cooper, President of Village West Homes and Tenants Association. Chair King: Thank you. Mr. Martin: Thank you. Chair King: Good morning. David Winker: Good morning, David Winker. I represent the Buena Vista Heights Neighborhood Association. We're going to be moving to intervene on this item at the time. Rosa Ramos lives within 500 feet. Ulysses Kemp lives within 1,000, so however you guys want to handle that. I wanted to address a couple issues here. This was unanimously -- let me back up. David Winker, 4720 South Le Jeune Road. This item was unanimously rejected by PZAB (Planning, Zoning and Appeals Board), voted to turn it down, and for good reason. The Code requires that the applicant demonstrate why the current zoning doesn't work. They did not do that because they can't. There's plenty of land that's appropriate for this. Ms. Ramos is going to speak next and talk about, you know, how this affects the neighborhood. And so we look forward to hearing you on that item. And like I said, we're going to move to intervene on that item so we can get a little further evidence. If it's okay, I'd like to hand out to everyone, and the Clerk, a brief summary of the issues. Chair King: Good morning, sir. City of Miami Page 16 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Guillermo de la Paz: Good morning. My name is Guillermo de la Paz and 1 reside at 3441 Charles Avenue. 1 am here to speak related to the item zoning 9, which is the Charles Avenue issue. Before I said that, I would like to thank every commissioner who was here when the police chief was fired. I really appreciate what you guys did for the city. Charles Avenue is a small street that goes from Main Highway to 37. It is about 65 homes and 11 empty lots. Whether you decide to approve or deny this legislation is going to affect or benefit all those people. This is a typical -- houses on the street. None of these houses are (UNINTELLIGIBLE) except three houses. This house on the right on the top, 1 believe you guys are aware of (UNINTELLIGIBLE). If you look to the right, the purple house, that's where she lives. She's not here to oppose that. That white house is part of a family member who inherited that lot and was able to build his house. And 1 was inspired by that family, and 1 built my house very close to that. The rest of the street has different types of architecture. None of these houses are historic. This is a result of historic designation without a budget or a plan. This is the result of historic designation. Sales for $208 and $200,000 on the market where average sales price in Coconut Grove is $1.8 million. This is what we do to the residents of that area. Here's my question. Why we don't focus on the correct things? Here's the garbage that we are allowed to receive. Chair King: Thank you, sir. Mr. De la Paz: Thank you. Rosa Ramos: Good morning, Commissioners. I'm sorry. Good morning, Commissioners. I hope everything is well with all of you. My name is Rosa Ramos. I live at 80 Northwest 41st Street, and I am here to protest on the zoning change. We've been corning back and forth with the school. And now they want -- once we -- last time we came in, we won the case because the zoning did not -- the zoning board voted 8-0, like Kevin said, and all of a sudden now they wanted more zoning changes when they used -- when the first time they came they decided that they weren't going to use the new zoning. They were just going to keep it the way they were and that they weren't going to do no zoning. Now all of a sudden they want zoning. They're going into a neighborhood. The neighborhood doesn't want all of this. You know, we're trying to keep our neighborhood together and it's just making it difficult for a lot of people for the way -- the thing they're doing. So hopefully, you guys listen to everything and understand that we don't want our neighborhood to change. We don't want it to become a commercial area. We already have Midtown. We have the Art District that's already moving in. We need to keep our area as much we can. Most of us are all elderly. We're getting a lot of new people corning into the neighborhood. They're changing the housing, they're changing the styles of the houses, making it more presentable. And bringing in the business to come into the neighborhood is taking away from everything. So, thank you for listening and I hope you understand what our views are. Thank you. Chair King: Thank you. Is there anyone else here for public comment? Seeing none, the public comment period has been closed. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: City of Miami Page 17 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 MV - MAYORAL VETO(ES) NO MAYORAL VETOES There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. Chair King: Okay. Mr. Clerk, do we have any mayoral vetoes? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Chair King: Okay. END OF MAYORAL VETO(ES) City of Miami Page 18 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 CA.1 11226 Department of Police CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO APPROVE THE AUDIT OF THREE (3) VACANT CIVILIAN POSITIONS OF THE CITY OF MIAMI'S ("CITY") POLICE DEPARTMENT ("DEPARTMENT") BY CONVERTING TWO (2) VACANT TYPIST CLERK II POSITIONS AND ONE (1) VACANT TYPIST CLERK III POSITION TO THE CLASSIFICATION OF TWO (2) ADMINISTRATIVE AIDE II POSITIONS INTENDED TO BETTER SERVE THE NEEDS OF THE DEPARTMENT, AS REQUIRED PURSUANT TO RESOLUTION NO. R-21-0402 ADOPTED SEPTEMBER 23, 2021 AND RESOLUTION NO. R-21-0408 ADOPTED OCTOBER 1, 2021; AUTHORIZING THE CITY MANAGER TO MAKE ANY NECESSARY CHANGES TO ADJUST, AMEND, AND APPROPRIATE THE FISCAL YEAR 2021- 2022 OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN REGARDING CITY SERVICES AND RESOURCES AS NECESSARY, LEGALLY ALLOWED, AND APPLICABLE IN ORDER TO AUDIT AND CREATE SAID POSITIONS FOR THE DEPARTMENT; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0034 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.1, please see "End of Consent Agenda." City of Miami Page 19 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 CA.2 11285 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM SUBAWARD AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE IMPLEMENTATION OF THE "MIAMI POLICE OFFICERS HEALTH AND WELLNESS" PROJECT; AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS IN THE AMOUNT OF $33,778.00 WITH NO CITY MATCH FUNDS REQUIRED; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF THE FUNDS AND COMPLIANCE WITH REQUIREMENTS OF THE SUBAWARD AGREEMENT. ENACTMENT NUMBER: R-22-0035 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see "End of Consent Agenda." City of Miami Page 20 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 CA.3 11430 Department of Police CA.4 11426 City Manager's Office RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TRANSFER BUDGETED MIAMI POLICE DEPARTMENT ("DEPARTMENT") GENERAL FUND DOLLARS FROM MINOR OBJECT CODE (531000) PROFESSIONAL SERVICES TO MINOR OBJECT CODE (534000) OTHER CONTRACTUAL SERVICES TO PROVIDE FOR CONTRACTUAL SERVICES PERTAINING TO THE DEPARTMENT'S NETWORK MONITORING AND ADMINISTRATION, FROM MINOR OBJECT CODE (546000) REPAIR AND MAINTENANCE SERVICES TO MINOR OBJECT CODE (664000) MACHINERY AND EQUIPMENT TO PROVIDE FOR THE PURCHASE OF EQUIPMENT FROM A FISCAL YEAR 2020-2021 REQUISITION FOR THE DEPARTMENT'S TRAFFIC ENFORCEMENT UNIT PREVIOUSLY DELAYED TO SATISFY SOLE SOURCE FINDING REQUIREMENTS, AND FROM MINOR OBJECT CODE (546000) REPAIR AND MAINTENANCE SERVICES TO MINOR OBJECT CODE (549000) OTHER CURRENT CHARGES AND OBLIGATIONS FOR PAYMENT OF THE DEPARTMENT'S MEAL EXPENSES INCURRED DURING THE 2020 CIVIL UNREST MOBILIZATION AS REQUIRED PURSUANT TO RESOLUTION NO. R-21-0408 ADOPTED ON OCTOBER 1, 2021; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE OR OTHER DESIGNEE TO IMPLEMENT THE TRANSFERS AND APPROPRIATE USE OF THE TRANSFERRED FUNDS. ENACTMENT NUMBER: R-22-0036 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.3, please see "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ELIMINATING THE NEIGHBORHOOD ENHANCEMENT TEAM ("NET") FROM ALL DISTRICTS; DIRECTING THE CITY MANAGER TO BRING APPROPRIATE LEGISLATION TO THE FEBRUARY 24, 2022 CITY COMMISSION MEETING IN ORDER TO IMPLEMENT THIS RESOLUTION AND MOVE CONSTITUENT SERVICES CLOSER TO THE CONSTITUENTS BY INCREASING THE STAFF OF THE DISTRICT 2 AND DISTRICT 5 OFFICES AND MOVE CERTAIN NET FUNCTIONS TO OTHER CITY OF MIAMI DEPARTMENTS AS APPROPRIATE CONSISTENT WITH THE REMAINING CITY COMMISSION DISTRICTS. ENACTMENT NUMBER: R-22-0037 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.4, please see "End of Consent Agenda." City of Miami Page 21 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 CA.5 11259 Department of Fire - Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED ON NOVEMBER 19, 2021 PURSUANT TO INVITATION FOR BIDS NO. 1440386 FROM THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, LIFELINE INFLATABLE SERVICES INC., A FLORIDA PROFIT CORPORATION, FOR THE PROVISION OF INFLATABLE BOATS, BOAT MOTORS, AND ACCESSORIES ON AN AS NEEDED BASIS FOR THE CITY OF MIAMI'S ("CITY") DEPARTMENT OF FIRE - RESCUE ("FIRE -RESCUE") FOR AN INITIAL TERM OF ONE (1) YEAR WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM FIRE - RESCUE ACCOUNT NO. 31100.181000.664000.000.0000 AND SUCH OTHER SOURCES OF FUNDS AS MAY BE IDENTIFIED, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0038 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.5, please see "End of Consent Agenda." CA.6 RESOLUTION 11306 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING TWO (2) RIGHT-OF-WAY DEEDS OF DEDICATION AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED (COLLECTIVELY, "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 COPIES OF THE DEEDS. ENACTMENT NUMBER: R-22-0039 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.6, please see "End of Consent Agenda." City of Miami Page 22 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 CA.7 RESOLUTION 11267 Department of Parks and Recreation A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED ON SEPTEMBER 17, 2021 PURSUANT TO INVITATION FOR BID NO. 1270388 FROM THE TWO (2) LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, ON A PRIMARY AND SECONDARY VENDOR BASIS, WITH LEADEX CORPORATION, A FLORIDA PROFIT CORPORATION, AS THE PRIMARY VENDOR AND INDUSTRIAL SHADEPORTS, INC., A FLORIDA PROFIT CORPORATION, AS THE SECONDARY VENDOR, FOR THE PROVISION OF PLAYGROUND EQUIPMENT INSTALLATION AND REPAIR SERVICES, CITYWIDE, ON AN AS NEEDED BASIS FOR AN INITIAL TERM OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL THREE (3) YEAR PERIOD; ALLOCATING FUNDS FROM THE CITY OF MIAMI'S ("CITY") PARKS AND RECREATION DEPARTMENTS GENERAL/REPAIR AND MAINTENANCE FUND AND/OR SUCH OTHER SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0040 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.7, please see "End of Consent Agenda." City of Miami Page 23 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 CA.8 11394 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY RAMON ANTONIO CASTRO-TELLEZ, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $52,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED RAMON ANTONIO CASTRO-TELLEZ VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 18- 04440 CA 01, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. ENACTMENT NUMBER: R-22-0041 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.8, please see "End of Consent Agenda." END OF CONSENT AGENDA Chair King: Gentlemen, is there a motion for the consent agenda? Commissioner Russell: So moved. Chair King: Is there a second? Vice Chair Carollo: (INAUDIBLE). Chair King: So, Madam City Attorney, can you read the items into the record? Todd B. Hannon (City Clerk): Chair, my apologies, who is the seconder? Commissioner Reyes: I move it. Mr. Hannon: It was moved by Commissioner Russell. Commissioner Reyes: And Commissioner Carollo seconded or vice -versa but we already -- Mr. Hannon: Commissioner Carollo seconded? Victoria Mendez (City Attorney): Chair, for the consent items I don't think we need to read anything. Are you asking me for a certain? Chair King: No, just, you can just, so everybody is clear, CA.1, CA.2. Ms. Mendez: Okay, the items: CA.1, CA.2 -- CA.1, CA.2, CA.3, CA.4, CA.5, CA.6, CA.7, and CA.8. City of Miami Page 24 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Items passed. City of Miami Page 25 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 PH - PUBLIC HEARINGS PH.1 RESOLUTION 11217 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), TRANSFERRING EMERGENCY SOLUTION GRANT FUNDS IN THE AMOUNT OF $165,316.87 FROM CITRUS HEALTH NETWORK, INC., A FLORIDA NOT FOR PROFIT CORPORATION, TO CHAPMAN PARTNERSHIP, INC., A FLORIDA NOT FOR PROFIT CORPORATION, AS SPECIFIED IN THE EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. ENACTMENT NUMBER: R-22-0042 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Do 1 have a motion for the PH (Public Hearing) items? Commissioner Diaz de la Portilla: So moved. Commissioner Reyes: Second. Chair King: All in favor? Commissioner Diaz de la Portilla: Aye. Todd B. Hannon (City Clerk) Chair? There is an amendment for PH.2. It is simply item PH.2 on the February 10, 2022, City Commission agenda is being substituted so that the resolution is consistent with the exhibit. That's it. Chair King: Okay. Commissioner Diaz de la Portilla: So moved, as amended. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 26 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 PH.2 RESOLUTION 11381 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE FUNDING ON A REIMBURSEMENT BASIS TO CITADELLE VILLAGE, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("DEVELOPER"), IN AN AMOUNT NOT TO EXCEED TWO MILLION DOLLARS ($2,000,000.00) FROM THE PROPOSED TRANCHE 2 MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS FOR THE AFFORDABLE HOUSING COMPONENTS OF A TWELVE (12) STORY, MIXED -USE MULTIFAMILY RENTAL PROJECT TO BE LOCATED AT 181 NORTHEAST 82 STREET AND TO BE KNOWN AS "CITADELLE VILLAGE" BEING DEVELOPED BY THE DEVELOPER; SUCH ALLOCATION MUST BE IN COMPLIANCE WITH THE HOUSING AND COMMERCIAL LOAN COMMITTEE MEMORANDUM, AS AMENDED, ATTACHED AND INCORPORATED AS EXHIBIT "A," AND ALL APPLICABLE FEDERAL, STATE OF FLORIDA, LOCAL, AND CITY OF MIAMI ("CITY") LAWS, RULES, AND REGULATIONS FOR AFFORDABLE HOUSING PROJECTS, INCLUDING BUT NOT LIMITED TO THE CITY'S AFFORDABLE HOUSING BONDS PROJECTS STRATEGIES, THE TRANCHE 2 AFFORDABLE HOUSING INTENT TO REIMBURSE RESOLUTION, AND THE TRANCHE 2 MIAMI FOREVER AFFORDABLE HOUSING LIMITED AD VALOREM BONDS; 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 AND BOND COUNSEL, FOR SAID PURPOSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0043 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.2, please see "Public Comments for allltem(s)" and Item Number PH.1. END OF PUBLIC HEARINGS City of Miami Page 27 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 RE - RESOLUTIONS RE.1 RESOLUTION 11228 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RETROACTIVELY RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDING THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") TO WAIVE COMPETITIVE SEALED BIDDING REQUIREMENTS PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), FOR THE SELECTION OF BENEVATE INC. D/B/A NEIGHBORLY SOFTWARE, A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA, FOR THE EMERGENCY PURCHASE OF TWELVE (12) ANNUAL LICENSES FOR PROPRIETARY SOFTWARE NECESSARY FOR THE PROCESSING OF BUSINESS AND REHABILITATION PROGRAM LOANS AND GRANTS FOR THE CITY'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR AN ESTIMATED EXPENDITURE AMOUNT OF APPROXIMATELY SIXTY ONE THOUSAND TWO HUNDRED DOLLARS ($61,200.00) WITH FUNDING TO BE APPROVED AND ALLOCATED FROM SPECIAL REVENUE ACCOUNTS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0044 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Do I have a resolution for -- do I have a motion for RE (Resolution) items? Commissioner Diaz de la Portilla: So, moved. Chair King: Do I have a second? Commissioner Diaz de la Portilla: With the -- with the exception of RE.9. City of Miami Page 28 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Commissioner Russell: That's been deferred I believe. Commissioner Diaz de la Portilla: I know. Just to make sure. Commissioner Russell: Madam Chair? Chair King: Yes? Commissioner Russell: I would like to discuss RE.10 and RE.11, if you'd pull those separately, please. Chair King: Okay, would like to discuss RE.10 and RE.11? Victoria Mendez (City Attorney): I believe RE.11 is going to be amended further? Mr. Leal, is it RE.11 that you want to amend further? Eddy Leal: Good morning, Commissioners. Good morning City Attorney. Yes, it's a very small amendment. There're representatives here of the production company. I think we're going to make Miami look great. And they request it because the current draft of the resolution is very specific and if they have a shutdown because of COVID or because of weather or because of something that is essentially out of their hand or they had to, they had requested if we can have the runner show, as I've learned that term, which is from February 14th to July 29th. It's not in the current draft, so we would like it to be slightly amended and hopefully passed regarding that item. If there are any questions, there're representatives here, but it's a heavy stop. And thank you for your consideration. Commissioner Russell: Madam Chair. Chair King: Yes. Commissioner Russell: Mr. Leal, are you supporting this item? Because you're speaking in a way that you're advocating for them. Mr. Leal: Yes, I -- we sponsored the resolution and we think that because we sponsored it, we are supportive of it. We just want to add some flexibility in terms of the -- their way of handling the heli stops at that location. Commissioner Russell: Got it. So, I do have some concerns from the local businesses on Virginia Key as well as the environmentalists where this impact will be taking place. So, I just wanted to take the item separately Madam Chair. Chair King: Okay. Anything else? So, do I have a motion to pass RE.1, RE.2, 3, 4, 5, 6, 7, 8? Commissioner Diaz de la Portilla: So moved. Commissioner Reyes: Second. Vice Chair Carollo: 9 is one of the last to be deferred from the Commission. Chair King: Yes. Commissioner Diaz de la Portilla: Yes, sir. Chair King: 9 has been deferred. Vice Chair Carollo: 10 and 11 -- City of Miami Page 29 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 RE.2 11261 Department of Police Commissioner Diaz de la Portilla: Yes, sir. Chair King: Yes, to be discussed. Vice Chair Carollo: Alright Chair King: So, I have a second. Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "2021 BJA FY 21 BYRNE CRIMINAL JUSTICE INNOVATION PROGRAM;" ACCEPTING A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE IN THE AMOUNT OF $1,000,000.00, WITH NO LOCAL MATCH REQUIRED, TO PROVIDE THE MIAMI POLICE DEPARTMENT WITH FUNDING FOR CRIMINAL JUSTICE INITIATIVES, TECHNICAL ASSISTANCE, TRAINING, EQUIPMENT, AND CONTRACTUAL SUPPORT; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO NEGOTIATE AND EXECUTE ANY OTHER NECESSARY DOCUMENTS, ALL A FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF THE GRANT AWARD. ENACTMENT NUMBER: R-22-0045 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.2, please see Item Number RE.1. City of Miami Page 30 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 RE.3 11190 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A GRANT FROM THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") IN AN AMOUNT NOT TO EXCEED $600,000.00 FOR THE PROVISION OF POLICE ENHANCED SERVICES WITHIN THE CRA'S BOUNDARIES; ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "SOUTHEAST OVERTOWN/PARK WEST CRA"; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE OR OTHER DESIGNEE TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0046 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.3, please see Item Number RE.1. City of Miami Page 31 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 RE.4 11224 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT TITLED "2021-2022 COPS HIRING PROGRAM;" AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES IN AN AMOUNT NOT TO EXCEED $1,875,000.00, WITH A REQUIRED LOCAL MATCH OF $2,860,991.00, TOTALING $4,735,991.00; APPROPRIATING SAID FUNDS TO THE MIAMI POLICE DEPARTMENT FOR THE HIRING OF FIFTEEN (15) NEW LAW ENFORCEMENT OFFICERS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO ACCEPT THE GRANT, IN SUBSTANTIALLY THE ATTACHED FORM; AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE OR OTHER DESIGNEE TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE ADMINISTRATION AND COMPLIANCE WITH THE GRANT. ENACTMENT NUMBER: R-22-0047 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.4, please see Item Number RE.1. City of Miami Page 32 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 RE.5 11326 Department of Fire - Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THREE (3) COMMUNITY DEVELOPMENT BLOCK GRANT MITIGATION GRANT AWARDS IN THE TOTAL AMOUNT OF $3,724,303.00 FROM THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY TO BE UTILIZED FOR THE EXTERIOR HARDENING OF FIRE STATION 2 ($994,303.00), FIRE STATION 9 ($1,307,000.00), AND FIRE STATION 12 ($1,423,000.00), WITH NO MATCHING FUNDS; ESTABLISHING A NEW CAPITAL FUND PROJECT TITLED "FIRE - RESCUE - FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY ('FDEO') — COMMUNITY DEVELOPMENT BLOCK GRANT MITIGATION PROGRAM ('CDBG-MIT')"AND APPROPRIATING FUNDS FOR THE OPERATION OF THE SAME; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENTS WITH FDEO, IN SUBSTANTIALLY THE ATTACHED FORM; 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-22-0048 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.5, please see "Order of the Day" and Item Number RE. 1. City of Miami Page 33 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 RE.6 RESOLUTION 11206 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF CLINTON HANKS, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $155,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $154,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-22-0049 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.6, please see Item Number RE.1. RE.7 RESOLUTION 11382 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION CO - DESIGNATING NORTHWEST 18TH STREET FROM NORTHWEST MIAMI COURT TO NORTHWEST 2ND AVENUE, MIAMI, FLORIDA AS "PURVIS YOUNG STREET" PURSUANT TO SECTION 54-137 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. ENACTMENT NUMBER: R-22-0050 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.7, please see Item Number RE.1. City of Miami Page 34 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 RE.8 RESOLUTION 11378 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION CO - DESIGNATING NORTHWEST 19TH STREET FROM NORTHWEST 3RD AVENUE TO NORTHWEST 5TH AVENUE, MIAMI, FLORIDA AS "BISHOP JACOB COHEN STREET" PURSUANT TO SECTION 54-137 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. ENACTMENT NUMBER: R-22-0051 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.8, please see Item Number RE.1. RE.9 RESOLUTION 11033 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND AUTHORIZING THE RATIFICATION OF THE SECOND AMENDMENT TO THE 1996 INTERLOCAL COOPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM ("2020 SECOND AMENDMENT ILA"), BETWEEN MIAMI-DADE COUNTY ("COUNTY"), THE CITY OF MIAMI ("CITY"), AND THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA") IN ORDER TO EXTEND THE LIFE OF THE OMNI CRA TO 2047; AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2020 SECOND AMENDMENT ILA AND TAKE ANY AND ALL NECESSARY ACTIONS CONSISTENT WITH THIS RESOLUTION; FURTHER DIRECTING THE CITY MANAGER TO WORK WITH THE EXECUTIVE DIRECTOR OF THE OMNI CRA TO ENSURE A COPY OF THE 2020 SECOND AMENDMENT ILA IS TRANSMITTED TO THE COUNTY FOR REVIEW, APPROVAL, AND ACCEPTANCE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.9, please see "Order of the Day." City of Miami Page 35 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 RE.10 11140 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPORTIONING THE REMAINING MIAMI FOREVER BOND LIMITED AD VALOREM ("MIAMI FOREVER BOND") FUNDS ALLOCATED TO SEA LEVEL RISE MITIGATION AND FLOOD PREVENTION ("SLRMFP") IN THE TOTAL NOT TO EXCEED OF AMOUNT OF ONE HUNDRED SEVENTY-SEVEN MILLION, EIGHT HUNDRED SIXTY-FIVE THOUSAND, SEVENTY- TWO DOLLARS ($177,865,072.00) TO EACH COMMISSION DISTRICT AS INDICATED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE COMMISSIONER OF EACH DISTRICT TO ALLOCATE AND APPROPRIATE BY FUTURE RESOLUTION(S) TO ELIGIBLE PROJECTS; FURTHER APPORTIONING FIVE MILLION DOLLARS ($5,000,000.00) FROM EACH COMMISSION DISTRICT'S APPORTIONMENT FOR A TOTAL AMOUNT OF TWENTY-FIVE MILLION DOLLARS ($25,000,000.00) TO FUND CITY-WIDE SLRMFP PROJECTS AS INDICATED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE CITY COMMISSION TO ALLOCATE AND APPROPRIATE BY FUTURE RESOLUTION(S) TO ELIGIBLE CITY-WIDE PROJECTS; ALL ALLOCATIONS OF MIAMI FOREVER BOND FUNDS BY THE CITY COMMISSION TO ELIGIBLE PROJECTS ARE SUBJECT TO THE CITY OF MIAMI TAKING ANY AND ALL NECESSARY ACTIONS TO AMEND THE MULTI -YEAR CAPITAL PLAN AND COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, REGULATIONS, AND AUTHORIZATIONS, INCLUDING BUT NOT LIMITED TO, FEDERAL LAWS, STATE LAWS, THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND THE MIAMI FOREVER BOND VALIDATION ORDER. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: Item RE.10 was deferred to the February 24, 2022, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number RE.10, please see "Public Comments for all Item(s). " Chair King: So, let's -- Commissioner Russell, you want to hear RE.10? Commissioner Russell: Yes, please. Chair King: So, I will start with you. Commissioner Russell: Thank you. I discussed this with staff during my briefing, and I would like to hear their case for why dividing the funds now and allowing each commissioner to allocate more quickly, which is good, might leave a lot of money on the table. Mr. Ihekwaba had said that keeping it together and going out to leverage can allow him to multiply the funds before we divide it up, and I want to decide City of Miami Page 36 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 among us whether waiting for that and seeing how much it could take and how much we could leverage is worth the delay in dividing it and spending it now. There may be benefits to either, so before I make a decision, I would love to hear front the administration on their thoughts. Nzeribe Ihekwaba: Good morning, Zerry Ihekwaba, Deputy City Manager. Commissioner, with all due respect, I think the conversation was making sure that the City has enough funds in case any of the grant applications we've submitted is successful, so that we'll have enough money in the bankfbr the matching funds. Some of those applications are already successful. In the past two weeks, the governor had already made some announcements. Some of the projects already would come true, and we want to make sure that whatever you divide these funds into, each of you, each of the commissioners, will have enough funds allocated to them to be able to provide the matching funds. Some commissioners may have enough funds, some might not, so you want to be very careful how this will be done in case you run into that challenge eventually. Commissioner Russell: Madam Chair? Chair King: Yes. Commissioner Russell: So even though on the books the line items of the budget will be divided amongst commissioners, it's still in the general fund in a way that you could apply for these grants with the money in aggregate in a sense. The only thing that might divide it is if it were divided by project and then you wouldn't be able to apply for a larger grant if you've got a lot of small projects, if that grant applies to one large project. Is that correct? Mr. Ihekwaba: That probably would be speculative on my part to predict what's going to happen in the future. I just wanted to send a note of caution that if you divide it today, one or two commissioners might run the risk of not having matching funds when your application comes through. Commissioner Reyes: Madam Chair? Chair King: Commissioner Reyes. Commissioner Reyes: Following on what Mr. Ihekwaba has said. We, with the will of the Commission, we set aside $15 million for a project that is a huge drainage project that will solve the whole neighborhood flooding problem. And we -- the governor a few days hack, he announced that it is matching our funds for that project and we were able to obtain $15 million from the State because we did it like that, you see. This doesn't means that all the projects are going to be -- all the money is going to be allocated the way that we are proposing it for each district. It will give the districts the flexibility, and everybody knows the way that matching funds work, and -- but $5 million are going to be set aside. I am not, I mean, when we said let's split it, doesn't mean that we are going to be participating in that split again. You see, we already, whatever comes to our side, whatever comes to our district, it will be -- those $15 million will be deducted from it, and if something is left, then we will do it. But that will give every single one of us the flexibility to apply for matching funds as we did. If Tye don't have it like this, that's going to happen is that we might lose those $15 million. Am I right, Mr. Ihekwaba? Mr. Ihekwaba: Commissioner, you're absolutely correct. If we don't have the matching funds -- Commissioner Reyes: That's right. City of Miami Page 37 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Mr. Ihekwaba: -- for the bank when the grant is approved, you run the risk of missing the grant completely. So, nay concern is let's leave enough in the reserve in case that were to happen. So, if I read through the document, I think it's about $25 million that's been left in the reserve. I don't know whether that's going to be enough based on the volume of grant applications we've put out there. If any of them were to be successful next week, we might be coming back to reallocate money, again. So that could be an option. Chair King: Commissioner DLP (Diaz de la Portilla)? Commissioner Diaz de la Portilla: Okay, so 1 see two parts, Zerry. The first one is that we're really allocating $177 million plus that we can then later on decide how it's going to spend on different projects. There's no specific equal distribution to the five districts, correct? Is that correct? Mr. Ihekwaba: Yes. Commissioner Diaz de la Portilla: Okay, the second part is $5 million to each district, $25 million. Walk me through that one. Mr. Ihekwaba: So, 1 think the items states that $25 million -- Commissioner Diaz de la Portilla: Yes. Mr. Ihekwaba: -- will be a reserve for future citywide use and -- Commissioner Diaz de la Portilla: But it says allocated to each district. Does that mean that the district commissioners pick which city project they want to allocate those dollars to? Mr. Ihekwaba: I don't know. That's not very clear to me how that 25 would be divvied up later on. But I would suspect it would be based on need and the grant application that is successful. Commissioner Diaz de la Portilla: So hypothetically one district gets the whole 25 million? Mr. Ihekwaba: It's for the City of Miami. It's always good to have money in the bank. So, if one district has a project of 50 million and we are required to fund 25, we can take the 25 and fund it. Commissioner Diaz de la Portilla: So, this allocation is not split among five districts equally. The way I read it, if I read it correctly, is that it says $5 million for each district. Mr. Ihekwaba: Will go into a central pot. Commissioner Diaz de la Portilla: Okay, I understand. Vice Chair Carollo: But let me ask, I'm sorry, Madam Chair, can I speak? Chair King: Mh-mm. Vice Chair Carollo: Thank you. Let me ask the following questions. Why, if some of our poorest neighborhoods are some of the ones that are -- City of Miami Page 38 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Mr. Ihekwaba: Commissioner 1 can't hear you well. Vice Chair Carollo: If most -- if many of our poorest neighborhoods are the ones that are being affected the most by sea level rise, why are we dividing this equally and not through the API (Anti -Poverty Initiative) munbers to help the poorest areas that would require the help on sea level rise. Mr. Ihekwaba: Commissioner, my understanding is that the division of the funds is being allocated based on the priorities established in the sea level rise stormwater report, master plan report that we received from our consultant. What the commissioner is trying to do here is to make sure that each of the commissioners has the flexibility to perhaps go back -- Vice Chair Carollo: No, no, no, no, no. Mr. Ihekwaba: -- and reprioritize their project. Vice Chair Carollo: No. I'm sorry, that's not the question that asked. Mr. Ihekwaba: I don't see the relationship between API and stormwater. That's what I'm saying. Vice Chair Carollo: There certainly is. Sea level rise affects not just the areas that are next to the bay, the Miami River, which some of our poorest neighborhoods are facing that river, but it affects many of our inner urban neighborhoods because of the condition of sea level rise. Now, you're not breaking that down into those poorest neighborhoods that will be affected. You've taken the decision for whatever reason, and then you started going into another area of trying to explain to me why that had nothing to do with my original question of why you were doing this. It doesn't make sense to me. For instance, in Commissioner King's district, she, in this format gets five. In the API, she would get much more because the poorest district in the city is hers. After that comes mine and then Commissioner Diaz de la Portilla 's. And his and mine not only both have great areas in the Miami River that are very poor. But in the urban areas, we have all kinds of flooding now that we never had before because of sea level rise. So does Commissioner King in her district. And she also, on top of that, has bay areas. So, the fairest way to divide this, and this is a policy decision, not, you know a management decision -- Commissioner Diaz de la Portilla: Of course. Vice Chair Carollo: -- it is through the API numbers. And that's what I would be in favor of. Commissioner Russell: Madam Chair? Commissioner Diaz de la Portilla: I would agree. Chair King: Commissioner -- Mr. Ihekwaba: Commissioner. Chair King: -- he asked to speak. Commissioner Diaz de la Portilla: Thank you. I would agree with Commissioner Carollo, and that's sort of the point I was trying to make, the even distribution of the five, just to get clarification, of the five million dollars, but a further point would be why do we need to do this at all right now? If everything is by future resolution, City of Miami Page 39 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 what's the need to do this allocation right now? And if we're going to do it, then 1 agree with Commissioner Carollo, that we need to do it according to the API. Because it is true that in the three poorest districts, Commissioner Carollo's, Commissioner King's, and mine, we have serious sea level rise issues. And that we probably need to prioritize those poorer areas in our city, not doing even distribution. Commissioner Reyes: Madam chair -- Commissioner Diaz de la Portilla: So, I agree. Commissioner Reyes: It is my -- Chair King: Wait, one second. Commissioner Diaz de la Portilla: But let me, it's a question to him first. Chair King: When you finish. Commissioner Diaz de la Portilla: Why do we need to make this -- do this work today? What's the reason behind this? Mr. Ihekwaba: Commissioner, I've just been reminded that quite a few of the applications for grants were actually in those poor neighborhoods. And from my understanding from the sponsor of this item is that by dividing it today or perhaps in the near future gives each of you the flexibility on how you want to apply the matching funds to your -- Commissioner Diaz de la Portilla: But is there a deadline that this has to be done today? Mr. Ihekwaba: No. Commissioner Diaz de la Portilla: No. Mr. Ihekwaba: Well, it's up to you. Commissioner Diaz de la Portilla: For either the $177 million or plus or the $25 million, correct? Mr. Ihekwaba: Yeah. Commissioner Diaz de la Portilla: Okay. But if we want to do it, let me finish I'm almost done. But if we want to do it, we also have the ability to do it, as Commissioner Carollo suggested, according to the API. Correct? Mr. Ihekwaba.: I have difficulty, understanding the connection, the nexus between the API and the sea level rise. Commissioner Diaz de la Portilla: Well, that's why I'm asking you cause they're whispering in your ear, maybe they can whisper it to the microphone, and tell us why there's a $5 million allocation per district in the language of this resolution. Mr. Ihekwaba: Well, this is coming from the District 5. Commissioner Diaz de la Portilla: I understand, I understand, but staff reviews everything that we do, so is there someone in your staff that can tell us why you're doing it -- an even -- City of Miami Page 40 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Mr. Ihekwaba: We still feel very strongly that we need to have a reserve somehow in case -- Commissioner Diaz de la Portilla: That's not the question. That's not the question. Mr. Ihekwaba: So, what's the question sir? Commissioner Diaz de la Portilla: Why is it a five million dollar distribution, in the language here that says per district? What's the reasoning behind it? Commissioner Reyes: Can 1 answer that question? Mr.Ihekwaba: (UNINTELLIGIBLE). Chair King: Hold on. Okay, let me weigh in here. Let me weigh in here. I was under the impression that staff would be coming around to each of the commissioners to do a workshop on this particular item and that staff was going to defer it because we hadn't appropriately gotten briefed on all of the issues that we are presenting today. And I agree if it has to be distributed, it should be distributed pursuant to the API guidelines for the reasons that my colleagues have stated. But because we haven't gotten the workshop, perhaps we would feel differently once staffpresented the pros and the cons and the ramifications of us not moving forward. So I would like to propose that we defer this item to the next commission meeting so as to give staff an opportunity to meet with all of us to go over this item so we would feel more comfortable on deciding. Vice Chair Carollo: I would place a motion for deferral. Commissioner Reyes: Hold on a second. Let me ask a couple of questions. It's my item. Chair King: Okay, hold on. I'm going to come right back to you because Commissioner Russell had his hand up and then I'm going to go right to you. Commissioner Reyes: Okay. Chair King: Okay, Commissioner Russell. Commissioner Russell: Thank you, Madam Chair, and I would agree with you on the request for a deferral and I'd be happy to make that motion if not Commissioner Carollo. But the question I, Zerrv, there is a relationship between stormwater and neighborhoods ofneed, and the main relationship is that those neighborhoods ofneed get neglected when stormwater gets discussed. When the Sea Level Rise Committee had been formed before I came into office, I recognized it did not have a social justice seat on it, and this Commission canceled the Sea Level Rise Committee, reconstituted it with the Social Justice Seat to make sure discussions around stormwater and sea level rise did include the neighborhoods of need. And so, I was worried actually when the master plan came out, the stormwater master plan, that it would disproportionately fund the waterfront to the city. And I knew that would be a political difficulty as well. I was very glad to see that the projects are spread throughout the city, because scientifically the need is throughout the city. I don't believe it disproportionately affects neighborhoods of need more than the waterfront. I believe we go by the science as opposed to the API. And that tells us exactly where it's been. Each of us has way more than $5 million ofneed in our districts. So, for sure, this bond does not cover all of our needs. And that's why I was just worried that if we allocate too soon and we lose any grant possibilities, we can't leverage the money to City of Miami Page 41 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 really give the power it needs. So, I'd he happy for the deferral cis well. I'm happy to make sure that all districts, especially neighborhoods of need, are not neglected. Chair King: Commissioner? Commissioner Reyes: May I? Chair King: Yes, Commissioner Reyes. Commissioner Reyes: Listen, the way -- what we tried to do, those funds were sitting there, and we saw the opportunity that is going to be, there's a grant that was established by the State. And according to even the master plan, there is an area that it is in dire need oft mean, drainage programs. We need also to have injection wells and all of that. That it will amount to millions and millions of dollars. So, what we did is we said, ok, we're going to ask $50 million from this pot so we can get matching funds from the State. And we brought it to the State, and the governor, it announced that amongst the grants that were going to be allowed, I mean, were going to be granted, that request was going to be met. Okay, now the 5 million dollars, the 5 million dollars that we propose is in case that any district -- it is goes to a pot, it goes to a pot, that is going to be administered by the City and any district that requires additional funds, that will go and be able to obtain funds from that (UNINTELLIGIBLE) for additional grant requests for that district. And 1 tend to -- mean, I don't disagree with API, the relationship between API and drainage needs or sea level rising. At this moment, at this moment, in the City of Miami, the area that is more affected than any other area is the area around Brickell Avenue, which is one of the richest areas and is the one of the -- that needs the most.1 think that this should be on need of who is being affected by drainage problems and by sea level rise. I have that hot spot, that hot spot that when it rains, the streets become river. I mean, literally, and I have pictures, and I brought those pictures when we went to Tallahassee, with our request, we brought the pictures and we brought everything, I mean all the analysis and all of that. And we were fortunate enough to obtain that grant. Now my only fear is, you want to postpone this, it is the decision of the majority. But my only fear is that by deferring this and not being on time, match the funds, we are going to lose $50 million for a project that is going to benefit the whole City of Miami because it benefits my district, benefits yours, whatever. And I will support and back any, any other project in the City of Miami that we -- improves the quality of life of that neighborhood. I don't care where the neighborhood is at. Chair King: Mr. Manager. Mr. Ihekwaba: Madam Chair? Chair King: Yes. If we defer this item to the next Commission meeting, will we run afoul of any deadlines to receive matching funds? Mr. Ihekwaba.: Let me check with staff sir. Chair King: Please. (COMMENTS MADE OFF RECORD) Lillian Blondet: Good morning, Lillian Blondet, Office of Grants Administration. Thank you for giving me the opportunity. I'm pleased to -- we were just doing the numbers of all the grants that we received in the last six months, and it's in excess of $120 million for resiliency projects all throughout the city. We're working on the list right now so we can give it to you per district, but we follow the departments. We work very closely with them to make sure that the Commissioner's priorities are City of Miami Page 42 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 represented when we apply for the grants. And we also look at the grants and what they required to select projects that give us the better chance and opportunities to he funded. And that strategy has worked very, very well. Just by, you know, I have a staff of two people, two and a half, and in the last year we've gotten, you know, over probably 130. Chair King: So, all I'm trying to get to is -- Ms. Blondet: So -- Chair King: -- if we defer this item to February 24th, will we run afoul of a deadline? Ms. Blondet: No. Chair King: We will not. Ms. Blondet: No. Chair King: So, I think it would be safe for us to defer this item until February 24th so staff can come by and do the workshops with each of us so we'll be more knowledgeable and have more confidence in what the Administration is asking us to do. Ms. Blondet: Some of the projects you start seeing coming soon, those may not require matching because there were CDBG (Community Development Block Grant) mitigation grants. The ones that we just received recently probably you have a little bit more time. Chair King: Okay, so do I have a motion? Commissioner Diaz de la Portilla: So moved. Commissioner Reyes: I -- well, it's my -- Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: -- I was going to move it myself. Commissioner Diaz de la Portilla: Okay. I'll second. Commissioner Reyes: Okay. I'm going to move it myself, but I want you all to keep in mind that this is not a grab -- a money grab. This is using the funds that we have and being divided by need, by need, divided by need, that we are using those -- the -- I mean we've been shopping around and we are looking for additional funds in order to improve the quality of life of our city and we found that grant that it was established because we were, we have notice of that grant that was established by the State and immediately we jumped at the opportunity of trying to solve that area's problem by matching the funds. Chair King: That's great, that's great. Do I have a second? Commissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 43 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 RE.11 11365 Commissioners and Mayor Commissioner Russell: That was the deferral? Chair King: Deferral. Commissioner Russell: What's the date? Chair King: February 24th. Commissioner Russell: Yes, thank you. Commissioner Reyes: If 1 may add, could, please, the Administration go office by office, and the Grant Department also, and explain what was tried and how can we benefit by jumping into every opportunity that we have to obtain additional funds, be it the state or the federal government or private institutions to that effect. Chair King: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING PROXIMITY PRODUCTIONS, LLC'S REQUEST TO FILM ON VIRGINIA KEY ON OR ABOUT FEBRUARY 16, 2022 BETWEEN 7:00 A.M. AND 7:00 P.M., ON OR ABOUT FEBRUARY 17, 2022 BETWEEN 9:00 A.M. AND 10:00 P.M., ON OR ABOUT FEBRUARY 18, 2022 BETWEEN 7:00 A.M. AND 7:00 P.M., ON OR ABOUT FEBRUARY 22, 2022 BETWEEN 7:00 A.M. AND 7:00 P.M., ON OR ABOUT FEBRUARY 23, 2022 BETWEEN 7:00 A.M. AND 7:00 P.M., ON OR ABOUT FEBRUARY 24, 2022 BETWEEN 10:00 A.M. AND 11:59 P.M., ON OR ABOUT FEBRUARY 25, 2022 BETWEEN 12:00 A.M. AND 2:00 A.M., ON OR ABOUT FEBRUARY 25, 2022 BETWEEN 10:00 A.M. AND 11:59 P.M., ON OR ABOUT FEBRUARY 26, 2022 BETWEEN 12:00 A.M. AND 4:00 A.M., AND ON OR ABOUT FEBRUARY 26, 2022 BETWEEN 7:00 A.M. AND 7:00 P.M.; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO PERMIT SAID FILMING. ENACTMENT NUMBER: R-22-0054 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: RE.11? Commissioner Russell: Yes, Madam Chair. This is a permit to allow for the filming of a new show and they're trying to film a scene where it looks like they're in the Bahamas, I believe, and so they want to use Virginia Key. And I fully understand that. I want to encourage more, you know, use of our city for this. I think this is great to support the entertainment industry and hopefully it's a revenue for our city. I want us to be careful when we do it that we don't negatively impact businesses right en route to where they are operating not only as at the North Point Beach, there's the Virginia Key Outdoor Center that has regular customers for kayaking and students and City of Miami Page 44 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 programs. And there's also the mountain bike trails directly in front of where they're filming. So, 1 know they had a meeting out there -- hello --1 believe they had a meeting out with the different stakeholders yesterday and 1 want to make sure that the stakeholders' concerns are represented in this permit and this agreement and that we have the word of the applicant to do so. The other concern is environmentally, the dune right where they're filming they're creating a mock construction site I believe for the show, is a dune that is managed by the City Parks Department, our naturalist, as well as Frost Science Museum, and they're very meticulous on what plants are there and we want to make sure we're not trampling the sea oats and important things like that. So, l just wanted to ask a few questions of the applicant to see if they're open so we can put their points on the record. Good morning. Beverly Visitacion: Good morning. Commissioner Russell: If they -- Chair King: Please proceed if you would introduce yourself Ms. Visitation: Yeah, my name is Beverly Visitacion and I've had the privilege of working in the Miami film industry for over 30 years. So, I'm very excited to be working with this project that is a Warner Brothers Apple TV by the name of Bad Monkey based on a book by Carl Hiaasen. And we're here and hoping that the city would be happy to have us here and we're happy to work here and to create what will be a postcard of the city of Miami for the public. Commissioner Russell: Thank you. Madam Chair, if through you, what agreements were -- did you come to any agreements with the stakeholders at that part of Virginia Key on what concessions will be made from your part to preserve their business and access to the beach and the trail? Ms. Visitacion: Yeah. We've done due diligence before we have begun this project. You know, we start off by working with the Miami Film Office. We work with the City of Miami Police. We work with both the -- with this particular thing of the helicopter, with the FAA (Federal Aviation Administration). We've just received our permit from the Florida Department of Aviation. And just to say that we have in the past, and I've worked in this industry for a long time, landed a helicopter in this very same place on many occasions without any impact to the environment. We also, to say that we are bringing to the City over $80 million in this project. We hope to be here more than this one season. We hope to be here for the next three years, filming in different parts of our city. But yes, we have spoken to all of the people involved. I've made a list of all the people that we've actually met with. We've met with the Outdoor -- Virginia Outdoor Center. We've met with John Voss, the treasurer of the bike club, hoping to be good stewards and to work. But mostly, we've been dealing with both of the two environmentalists that work that area. Because there are some invasive trees that the city has marked for removal. And we -- since it will assist us as well, are going to pay for the removal of those trees, working closely with the two main environmentalists that work there, Gloria Antia and Etienne Perez. So, they are going to oversee the work that we do. They are working closely with us, and we want to be good stewards of the property. Commissioner Russell: Thank you. The original permit was, I believe, for about 10 days. How many days do you actually need to film on site? Ms. Visitacion: The issue, it's, you know, like pinning us down to certain days, is that we have issues that arrive. One being we could get shut down for COVID. We could have actor availability, we could have weather. We hope to use this location repeatedly throughout our season, but when we come in, we. film perhaps one day or City of Miami Page 45 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 two days of actual filming and then come back in another episode. Right now, we have 10 episodes. Well be filming Miami and in the Keys as well. So, it's hard to say exactly, pinpoint the exact dates well be there. We have prep, where we begin setting our scene. We have shoot, and then we remove, clean, leave the area as we found it. So, the timing is hard for me to say. Commissioner Russell: Thank you. So, access to the bike trail would be my greatest concern. The Virginia Key Outdoor Center is a little firther down the road from you, so hopefully there's minimal impact to them at all. The bike trail, though, how -- because the helicopter lands right at their entrance. Will they be disrupted? Will there be days it can't be used? Ms. Visitacion: For safety, the scene of the helicopter, just so we don't make it bigger than it is, a helicopter comes in, it lands, an individual gets off, and it leaves. That is the entire scene of the helicopter. But when filming, we would have to work closely with the people at the bike trails so that there's safety involved for all concerned. Not just for the scene when the helicopter lands, but for our filming as well. And we are working closely with John Voss. Commissioner Russell: Thank you. The question is, would there be entire days where they would not have access to the trails or no? Ms. Visitacion: It could be a day, yes. It could be, if we're filming a daytime scene, our filming days are usually a 10-hour day. So, we could restrict them and we would work with them, you know, to let them know in advance what day we would be fihning there. But it's not like we're there every day. Commissioner Russell: Got it. Madam Chair, I'd just like to make a couple amendments then holding them to restrictions with strict compliance on environmental and working with our naturalists to preserve and maximize public access to the trails and beaches with no disruption of existing businesses. I'm very supportive of this. I don't want you to get the wrong impression here, but there's a lot of open-ended, there's not defined dates. And so I'd like us to -- I'm going to be listening as the District Commissioner to those stakeholders out there to see if the disruption is to the point where we should bring this back. Because at first it was one scene and now, I'm hearing potentially an entire season would be filmed, including that site, at different times. Which is okay if, you know, if it works out. So, I'm supportive, but we just ask for those amendments. Chair King: Do I have a motion? Commissioner Russell: I'll move it. Chair King: Is there a second? Victoria, do you want to say something? Ms. Mendez: Thank you, Chair. If there is a second and it passes, it's as amended with the dates and for the Manager to negotiate any fees, because it's a little different than had been originally discussed. Commissioner Russell: She said she's paying us $80 million. Is that right? UNIDENTIFIED SPEAKER: No. Chair King: That's it? Eddy Leal: Commissioners, the only item that I would ask, given what we heard from the applicant as an amendment, if the Commissioners are inclined, is because of the City of Miami Page 46 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 limitations and trying to pigeonhole them in a particular date and time, but I would humbly request that they have that flexibility, given that they've done this before, they've done it for many years, they are engaged with the businesses that are there and they're going to have as minimal disruption as possible. I want to be able that they don't have to come here again -- so they have, they can keep their business going forward, to have the flexibility for February 14th to July for them to be able to film that. So, so, so for whatever reason, one of those dates that is listed doesn't work out, they have that flexibility. That's respectfully what we've worked with the applicant, and we worked with the City Attorney's Office as well, to make sure that there's that clarity. So, if there's a will, we would respectfully request to have a lease that -- to be amended and to be passed as amended, respectfully. Ms. Mendez: It's not a -- Chair King: Commissioner Russell -- Ms. Mendez: Sorry, it's not a lease, a revocable license. I heard lease, it's not -- Mr. Leal: No, no, no, no. Ms. Mendez: -- a revocable license. Mr. Leal: No, what 1-- what 1-- Victoria, what 1 was talking about, I work with your office and that because of the specificity of the dates we wanted for them to enjoy some flexibility. Ms. Mendez: No, no, yes I understand -- Mr. Leal: Yeah, no lease. Ms. Mendez: -- but 1-- I heard the word lease and this is not a lease. Mr. Leal: Correct. Ms. Mendez: Okay. Mr. Leal: Correct, correct. Commissioner Russell: Thank you. Mr. Leal: Thank you. Commissioner Russell: I would accept those amendments in the motion. Chair King: Commissioner Carollo -- Commissioner DLP (Diaz de la Portilla). Commissioner Diaz de la Portilla: Okay there's a motion, there's not a second, I didn't hear a second on the motion. Chair King: No. Commissioner Diaz de la Portilla: So, I have a question to Mr. Leal. Are you okay with these amendments? Because I believe they may tie their hands a little bit in what they need to do and I think they need flexibility. Mr. Leal: I think there might be. City of Miami Page 47 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Commissioner Diaz de la Portilla: I'm sorry. Mr. Leal: I'm sorry, Commissioner. You have the floor. Commissioner Diaz de la Portilla: I'm a big advocate of filming in Miami, in the State of Florida, when I was in the state senate, we -- I always fought for that every year. And we were successful sometimes, not successful other times. And we've seen over the decades, lose a lot of business to Georgia, to Canada, Vancouver back then, and this -- this -- these tying of people's hands when they come here just kind of turns them off, for lack of a better term, as to coming to Miami. We want to showcase our city, we want you to come to Miami, we want you to feel comfortable with the proper requirements and everything else, but you would oppose these amendments that Commissioner Russell is proposing? Mr. Leal: I never want to be necessarily adverse -- Commissioner Diaz de la Portilla: Would the Mayor's Office oppose those is my question. Mr. Leal: But my -- my request would be, Commissioner Russell, I think your concerns can be and will be addressed because there will be a revocable license that will be entered and if the applicant, let's just say misbehaves or is not a good steward, then the Manager will be able to, from your office or our office or anybody's office, call it, pull the plug. So, 1 think that if we can amend only as it relates to those dates and have some flexibility for them, I would -- I would respectfully request that let's amend only on that time frame and if there's issues, the Manager and that revocable license agreement can pull the plug and they won't be able to film there. Commissioner Russell: Madam Chair? Eddy, which of my amendments are you against? The -- the asking them to comply with environmental restrictions? Because they're going to get rules about where they can set up, so they don't trample the things. Like literally, for six years I've been going out to that dune with Frost Science and our naturalists and planting and removing, and it's very specific. I'm not trying to stop them, slow them down, but we're just asking them to comply with what the naturalist says. And then preserving access to the trails and beaches. They're saying they -- they're saying they want to, so I'm just asking them to honor that as an amendment in -- Mr. Leal: My concern regarding the -- there's two items that you mentioned. The second one, which is -- deals with the trail. They might, because of safety reasons, have to shut down the entrance to that trail because, I mean, I'm not in that industry, but 1 can imagine, I've had to go on a few joyrides on a helicopter, you have to shut down for safety. You don't want anybody walking there or getting on a bike or God forbid, gets in the wrong lane. So, there will be, I think, minimal disruption, but the value that we get from having them come out and produce is significant, it's outweighed. So, I think the amendment is, we might not need that because there will be something (UNINTELLIGIBLE) minimal -- Commissioner Russell: How about a make best efforts to preserve public access? Because right now, as they get an extensive, as we expand the permit, and just, well, we could shut it down for a day. It could be at any time. It could be five days. It could be ten days. So, I would like to set the intention in the permit that they are working to Mr. Leal: Commissioner, if we could have reasonable efforts. I feel like I'm wordsmithing here with you. City of Miami Page 48 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Commissioner Russell: Why? Just let the amendment roll. Mr. Leal: Right no -- Commissioner Russell: Support me in that with the Mayor's office. That would be great. Mr. Leal: What sorry? Commissioner Russell: Support me in that amendment with the Mayor's Office. That would be great. Mr. Leal: We, yes, if we can talk about reasonable efforts to handle the environmental and trail, 1 think that we could be all supportive because we don't want to disrupt. Chair King: I think so -- I think so as well. Mr. Leal: Okay. Chair King: And because we have the authority, Commissioner Russell, to revoke the license at any time. Mr. Leal: That's what 1 said. Chair King: So I think we can move forward now if that is the will of the body with the Commissioner Diaz de la Portilla: Reasonable efforts. Commissioner Russell: Which amendments? Mr. Leal: We'll include all of them if that's the Commission's will where we talk about reasonableness in terms of the impact to business and reasonable efforts for the environmental. They've said it on the record that they've landed there, and they're taken care of and they've already spoken to the environmentalists and the folks that are there. So, I think that we don't have to be divided on this issue. I think it covers your -- Commissioner Russell: I'm just asking for some guidance in the permit so it's in writing, not just in our minutes, but it just says they will work together to preserve access as much as possible, that they will work with our naturalists. I don't think that's an unreasonable amendment to the request. Mr. Leal: No, no, I -- no additional comments from my part. I think we're on the same page. And I think -- Chair King: Great. Mr. Leal: -- the City Attorney's Office here will wordsmith it. And again, as Chairman -- woman if there's an issue, pull the plug. Commissioner Diaz de la Portilla: I just want to make sure. Chair King: Commissioner DLP (Diaz de la Portilla). Commissioner Diaz de la Portilla: You can wordsmith it all you want. I want to make sure that the term reasonable efforts is there. So, if they have to close it down for City of Miami Page 49 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 safety reasons and somebody just cannot bike that day, I'm okay with that, I'd rather have the $80 million dollars and somebody not bike one particular day. Mr. Leal: I agree with you, Commissioner. That's why I wanted -- Commissioner Diaz de la Portilla: Because that's important. Mr. Leal: I agree with you. Commissioner Diaz de la Portilla: So that's very important. So, I think 1'll support it if it has reasonable efforts in it. Commissioner Russell: Thank you. Commissioner Diaz de la Portilla: It does not mandate it. Chair King: Okay. Commissioner Russell: And just to be clear, how much are we receiving in the permit? What is the City receiving directly from this? Arthur Noriega (City Manager): Well, given the extension of time, that's going to be negotiated. So, I don't know that we have an actual dollar amount associated with it. Now that they are requesting more flexibility and more time, we're going to negotiate a more reasonable rate. Commissioner Diaz de la Portilla: Just get more money for the City. That's important. Mr. Noriega: Yes. Commissioner Diaz de la Portilla: That's important. That's what we need. Chair King: May I have a second? Commissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? Todd B. Hannon (City Clerk): And chair? Chair King: I'm sorry, Todd? Commissioner Diaz de la Portilla: Todd. Mr. Hannon: Just for clarification, Commissioner Russell, you're okay with the amendments as stated with reasonable? Commissioner Russell: Yes. Mr. Hannon: Thank you. Chair King: All in favor? The Commission (Collectively): Aye. Mr. Hannon: As amended. City of Miami Page 50 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Chair King: Motion passes. Mr. Leal: Thank you, Commissioners. Have a nice day. Chair King: Thank you. END OF RESOLUTIONS City of Miami Page 51 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 10838 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING City Manager's CHAPTER 40/ARTICLE IV/DIVISION 3 OF THE CODE OF THE Office CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST;" MORE PARTICULARLY BY AMENDING SECTIONS 40-249, 40-254, AND 40-255, TITLED "MEMBERSHIP; MEMBERS ABSENT FROM SERVICE," "PAYBACKS FOR MEMBERSHIP CREDIT," AND "BENEFITS," RESPECTIVELY, TO AMEND THE SERVICE RETIREMENT BENEFITS, PROVIDE FOR PURCHASE OF CREDIT FOR CERTAIN NONMEMBERSHIP SERVICE, AND AMEND THE DEFINITIONS OF AVERAGE FINAL COMPENSATION AND NORMAL RETIREMENT AGE; FURTHER AMENDING CHAPTER 40/ARTICLE IV/DIVISION 6 OF THE CITY CODE, TITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE;" MORE PARTICULARLY BY AMENDING SECTION 40-351 OF THE CITY CODE, TITLED "TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE," TO ALLOW CERTAIN EXECUTIVE OFFICERS AND EMPLOYEES TO ELECT TO PARTICIPATE IN EITHER THE TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE OR THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST AND PROVIDING FOR THE PURCHASE OF PRIOR SERVICE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: Item SR.1 was continued to the March 10, 2022, City Commission Meeting. Chair King: Commissioner Russell? Commissioner Russell: Thank you. On SR.1, it's amending Chapter 40 Pension Retirement Plan. This is a discussion about the drop and the term of the drop. Currently, they have 'bur years for our general employees, where police and fire have seven years. Sean Moy ofAFSCME (American Federation of State, County, and Municipal Employees) has sent over an actuarial table to my office, and he said he sent it also to the City Attorney's Office, showing that matching -- having the general employees match what the police and fire have at a seven-year drop instead of four would not have a financial impact on the City. I'm not the expert in this field, butl would love to hear the Administration's position on that and if it needs further analysis to confirm that actuarial table I would -- I'm in favor of extending to seven if City of Miami Page 52 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 it doesn't have a negative impact on the City. And if there's concern about how it does have impact, I'm happy to defer the item. Barnaby Min (Deputy City Attorney): So, Mr. Manager, if you will. That is a term of employment that is subject to collective bargaining. That is not an item that can be addressed today or through the legislative process. Commissioner Russell: I believe they expressed a willingness to waive their rights to collective bargaining on this issue. Mr. Min: That is something that we would need to negotiate with a member of -- Commissioner Russell: I believe they've already sent that to you. Mr. Min: And something that would have to be approved by the Commission. That is not something that can just be done today. Commissioner Russell: So, you haven't received a waiver of collective bargaining rights from them? Mr. Min: We have not received the MLU agreeing to waive any of their collective bargaining rights or any UPL. Commissioner Russell: Have you done an analysis on the actuarial table that they've presented on the financial impact of the City? Mr. Min: We have not. That is an item for the Administration. I don't know if they have that -- Commissioner Russell: Has the Administration? Fernando Casamayor: Good morning, Commissioners, Fernando Casamayor, Assistant City Manager, CFO (Chief Financial Officer). We did have the actuarial impact statement for the drop and a few other items that were negotiated at the table. It does not have any significant financial impact extending the drop. However, I will defer to the law department regarding whether this is the right way to do this or not. Commissioner Russell: Got it. Commissioner Reyes: Mr. Casamayor, through the Chair, when you say significant, significant, you define the term significant? Twenty millions, ten millions is significant? (UNINTELLIGIBLE)? Mr. Casamayor: A few thousand dollars, a few thousand dollars -- Commissioner Reyes: A hundred thousand. Mr. Casamayor: -- possibly. But you know how actuarials work is -- Commissioner Reyes: Yes, I do. Mr. Casamayor: You know, it's a lot of maybe could happen in the future type stuff. Commissioner Reyes: Absolutely. It's a lot ofprojections and based on different -- Mr. Casamayor: It's past, possible future, (UNINTELLIGIBLE) -- City of Miami Page 53 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Commissioner Reyes: That's right, and future and all that. Arthur Noriega (City Manager): Can 1 add a little context to this too, so that we're kind of clear. Sean Moy came to me a couple of days ago, Commissioner, to bring this issue up. I told him I'd look into it. I don't think this is the appropriate format to address this. I think we're going to -- I committed to him that I would look into it, review it and get back to him. I'm not sure that it makes sense to do this at the dais. Commissioner Russell: Would you need two weeks or four weeks? Mr. Noriega: Give me four. Commissioner Russell: And I'd like to proffer a motion to defer the item for one month if that's all right. Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion deferred -- Todd B. Hannon (City Clerk): Madam Chair. Chair King: 1 mean the item is deferred. Mr. Hannon: And Chair, for the record, that will be March 10th. Chair King: March 10th. Vice Chair Carollo: Okay. Commissioner Russell: Thank you. City of Miami Page 54 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 SR.2 ORDINANCE Second Reading 11141 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "SUBDIVISION REGULATIONS," BY AMENDING SECTION 55-10, TITLED "BUILDING PERMITS; ISSUANCE; RESTRICTIONS; EXCEPTIONS," TO INCLUDE AN EXCEPTION TO ALLOW A PERMIT TO BE ISSUED FOR UNDIVIDED LAND IN CERTAIN CIRCUMSTANCES WITH A SUNSET PROVISION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14045 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Chair King: Commissioner Carollo. Vice Chair Carollo: Thank you. Commissioner Reyes, since you're the sponsor of this, I'm going to ask for a clarification. Is this intended to be for homestead properties? Commissioner Reyes: No. No. Vice Chair Carollo: Well, I thought that's what you were covering with this. Commissioner Reyes: No, it is not. It is, it is -- well, it is for the properties, most of the time it is, it could be not only homestead, it could be any property. Any property. Barnaby Min (Deputy City Attorney): Madam Chair, if I may, there is a limitation that it be limited to 10 acres or more. Commissioner Reyes: It have to be 10 acres or more. Mr. Min: So obviously that's -- Commissioner Reyes: And it is a program that Commissioner King added that it's going to be sunset -- Vice Chair Carollo: No, no, no, you clarified it. 10 acres or more, that's fine. Commissioner Reyes: 10 acres or more. Vice Chair Carollo: Okay, it's 10 acres or more, that's fine. Commissioner Reyes: Okay. Chair King: Are we ready to move on? Vice Chair Carollo: That will not affect me -- Commissioner Reyes: No. City of Miami Page 55 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Vice Chair Carollo: -- in my district -- Commissioner Reyes: Not at all. Vice Chair Carollo: -- so that's fine. Chair King: And it sunsets in a year. Commissioner Reyes: Okay (UNINTELLIGIBLE). Chair King: Is there a motion? Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: So moved. Vice Chair Carollo: Second, yeah. The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): Chair? The title. The Ordinance was read by title into the public record by the Deputy City Attorney. Chair King: All in favor? Vice Chair Carollo: Aye. Commissioner Reyes: Aye. Chair King: Motion passes. City of Miami Page 56 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 SR.3 ORDINANCE Second Reading 11120 AN ORDINANCE OF THE MIAMI CITY COMMISSION MODIFYING Office of the City THE NUMBER OF ATTORNEYS IN THE OFFICE OF THE CITY Attorney ATTORNEY ("OCA") WITH FUNDING, IF NEEDED, TO BE APPROVED BY SEPARATE RESOLUTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14046 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Gentlemen, we are now starting our Second Reading Ordinances. Are there any ordinances that anyone would like to discuss? Commissioner Russell: Yes, Madam Chair. Chair King: Which one? Commissioner Russell: SR.1, please, the Pension Retirement Plan. Chair King: Okay. Any -- any others? Vice Chair Carollo: IfI could take SR.2 just for a quick question that I have on it. Chair King: Okay. Vice Chair Carollo: Quick. Chair King: Any others? May I have a motion to pass SR.3 and -- Commissioner Diaz de la Portilla: So moved. Chair King: SR 4? Commissioner Diaz de la Portilla: So moved. Vice Chair Carollo: Second. Commissioner Russell: Second. Chair King: Second. Todd B. Hannon (City Clerk): And Mr. City Attorney will read the titles into the record. Barnaby Min (Deputy City Attorney): I'm sorry, which items? Chair King: SR.3 and SR 4. Mr. Min: Thank you. SR.3. City of Miami Page 57 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Min: SR.4. The Ordinance was read by title into the public record by the Deputy City Attorney. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion passes unanimously. SR.4 ORDINANCE Second Reading 11219 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 62/ARTICLE XVI/SECTION 62-655 OF THE CODE OF Attorney THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ART IN PUBLIC PLACES BOARD;" MORE PARTICULARLY BY AMENDING SECTION 62-655(C)(4) TO SPECIFY THAT THE ART IN PUBLIC PLACES BOARD'S APPROVAL, APPROVAL WITH CONDITIONS, OR DENIAL OF PROPOSED INSTALLATIONS, DEDICATIONS, OR DONATIONS OF ART BASED ON THE PUBLIC ART PROGRAM GUIDELINES AND PUBLIC ART MASTER PLAN IS NOT APPLICABLE TO PROPOSED INSTALLATIONS, DEDICATIONS, OR DONATIONS OF ART THAT HAVE BEEN APPROVED BY THE MIAMI CITY COMMISSION; CONTAINING A REPEALER PROVISION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14047 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number SR.4, please see Item Number SR.3. END OF SECOND READING ORDINANCES City of Miami Page 58 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 11385 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 1/SECTION 62-526 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/TEMPORARY EVENT PERMIT/NOVEL CORONAVIRUS ("COVID-19") PILOT PROGRAM FOR VACCINATION AND TESTING SITES," BY AMENDING THE SUNSET DATE AND ADDING APPROVAL FOR WAIVER OF TIME CONSTRAINTS FOR SPECIAL EVENT PERMITS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Okay, well, I'm just trying to get to -- Commissioner Reyes: Madam Chair. Chair King: -- clearing up what we're going to pass now. So, what we have remaining is FR.1 and FR.4. Do I have a motion for -- Commissioner Diaz de la Portilla: Well no, well I'm sorry. FR.4, we're going to have a debate on FR.4. Chair King: So that's what I'm asking. So, we want to debate FR.4 also? Commissioner Diaz de la Portilla: So, my motion would be to pass FR.1. Chair King: So, can we pass FR.1? Commissioner Diaz de la Portilla: Yes, ma'am. Commissioner Reyes: No, FR.4 at -- Commissioner Diaz de la Portilla: FR.1 only. Chair King: FR.1. Commissioner Reyes: FR.1 that's fine with me. Chair King: Can we pass FR.1. Commissioner Reyes: FR.4 I have a -- Commissioner Diaz de la Portilla: I'll move FR.1. City of Miami Page 59 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Chair King: Okay. Do I have a second? Commissioner Reyes: Yes. Chair King: For FR -- Vice Chair Carollo: (UNINTELLIGIBLE). Chair King: Second. Could you read the title into the record? Victoria Mendez (City Attorney): Just FR.1. The Ordinance was read by title into the public record by the City Attorney. Chair King: May I have a vote? The Commission (Collectively): Aye. Chair King: Motion passes unanimously. Commissioner Reyes: Yes. Chair King: Unanimously? Yes, motion passes unanimously. Commissioner Reyes: Okay. City of Miami Page 60 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 FR.2 ORDINANCE First Reading 9022 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 31 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS," CREATING ARTICLE V, TITLED "HOURLY HOTEL/MOTEL RENTALS," PROHIBITING HOTELS AND MOTELS LOCATED IN THE CITY OF MIAMI FROM RENTING HOTEL AND MOTEL ROOMS ON AN HOURLY BASIS; MORE PARTICULARLY BY CREATING SECTION 31-88, TITLED "HOTEL/MOTEL HOURLY RENTALS PROHIBITED"; SECTION 31- 89, TITLED "PENALTIES"; SECTION 31-90 TITLED "CUMULATIVE REMEDIES"; SECTION 31-91, TITLED "IMMUNITY"; SECTION 31- 92, TITLED "SEVERABILITY OF ORDINANCE"; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Gentlemen, do we have any items for the First Reading Ordinances that you would like to discuss? Commissioner Russell: FR.3, please. Chair King: FR.3. Any others? Vice Chair Carollo: Let's see. Is FR.2 going to be discussed today or? Chair King: Mr. City Attorney, is FR.2 still a viable ordinance? I understand that the ordinance -- that the laws have changed and it's no longer hourly rentals and it's now Commissioner Diaz de la Portilla: Four hours. Chair King: -- four hours. So, has that rendered this ordinance moot? Barnaby Min (Deputy City Attorney): It is not moot per se. If the desire of the body is for this item to proceed, it should not proceed today because we need to make those amendments that you're referencing. Since when this originally was on the agenda in June, that is when the other ordinance that you're referring to was passed. So, it contains outdated language that would need to be updated, if that is the desire of the Commission. The other option is to withdraw the item. Commissioner Diaz de la Portilla: We're going to -- FR.2 correct? Vice Chair Carollo: Yes. Chair King: FR.2. Vice Chair Carollo: If -- if you could refresh our memories, when this Commission passed the four hours minimum, did we include a provision that it would come back after a certain time, if I remember? City of Miami Page 61 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Mr. Min: Yes, sir. Commissioner Diaz de la Portilla: Correct so we had a compromise, I'm sorry, Madam Chair, through you, of course. Chair King: (INAUDIBLE). Commissioner Diaz de la Portilla: Well -- Mr. Min: Yes, sir. The quote -unquote competing ordinance. Vice Chair Carollo: Excuse me? Mr. Min: The quote -unquote competing ordinance that was already adopted by the Commission did have a provision in it that upon its adoption, the Administration must report back within six months as to the status of -- Vice Chair Carollo: Okay, how much time has passed? Mr. Min: It's been six months and I believe the Administration is prepared to report. Commissioner Diaz de la Portilla: Yes. If I may, it's my item. I think the police chief is here, yes. He gave us a brief 1 don't know if he gave it to everyone, what they've done in those six months. We kind of wanted to get an update and then if we don't need additional language then I'll withdraw it. Vice Chair Carollo: That's from our side. Chair King: Okay, so -- Vice Chair Carollo: Have we -- Chair King: Wait, wait. So, all I'm doing now is trying to determine what will be discussed. Commissioner Diaz de la Portilla: Okay. Chair King: So, we're going to discuss, we're going to pull that item for discussion. Okay? Commissioner Diaz de la Portilla: Well, only for the Chief to give his report and then probably withdraw it. Chair King: Right. Okay. Vice Chair Carollo: Right. Chair King: So -- Vice Chair Carollo: IfI remember correctly, if could, Madam Chair. When we passed this, the report, the feedback was going to come not just from our own city, but from Coral Gables. Has Coral Gables been informed so they can be present? Commissioner Reyes: No. [Later...] City of Miami Page 62 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Chair King: Okay, now we will hear FR.2 Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: You called me by my whole name. Thank you, Madam Chair. I think our police chief is going to give us a very quick report on the progress that he's made on the ordinance that Commissioner Carollo and I co- sponsored about six months ago, on where we are. And then we're probably going to withdraw this as we may no longer need it as we move forward in helping to address this issue that we have with the motels and the hourly rentals. Manny Morales: So, good morning, everyone, Manny Morales, Interim Chief of Police, with our Code Director. I'll give you a little brief update of what we have done in reference to the hotel -motel enforcement. I know the ordinance became effective August 31 st. We went through a period in which we put together some educational material. We know we have 144 locations that are impacted in the city. Out of those, 71 are motels, which were the main target of the intention of the ordinance. We had our code enforcement pair up with the neighborhood resource officers in the area, start the educational campaign, and on January 12th -- January 10th, we did Phase 2, where we actually started inspecting. They did 31 locations. Out of those, I want to say that 7 were cited for various issues. The main violations were the fact that they're not having a log. If I could kind of quickly recap the main changes of the ordinance were that there's a minimum of four hours that you can rent any room. Anyone who rents a room needs to be 18 years or over, possess a government ID. They need to maintain a log that's accessible to the police to be able to inspect, which says the ID of the renter, number of persons occupying the room, the tag of the automobile that was used, if any, to come into the hotel, the dates and times that the room was occupied, the rate that was charged. They also need to maintain CCTV cameras in the main entrance and any open airways, the front desks. There needs to be signage very obviously placed that warns anybody that comes in there about signs of human trafficking. We've also been working with the employees of all the hotels and the motels to make sure that they're aware and know how to recognize signs of human trafficking. Not only are officers on the Neighborhood Resource Officers, but officers that are assigned to the Human Trafficking Task Force out of the State Attorney's Office. They must possess a crime mitigation plan. That's one of the issues that we've had. We're still working on a vessel or a vehicle to be able to ensure that they have that, that's a condition of them, to be able to renew their BTR (Business Tax Receipt) and continue to operate. And they must retain a security guard or an off -duty police officer on the premises from 9: 00 p.m. to 7.• 00 a.m., seven days a week, so we're working on that. Just to remind you, the f nes, first offense is $1, 000, second is $2,500, and third and subsequent is at $5,000. So out of -- out of the 71 that we inspected, we did a subsequent inspection, joint inspection together with our partners at Code and we hit another 40 locations on 127. And out of those, we were able -- we did 44 locations, 40 -- Commissioner Diaz de la Portilla: 40. Mr. Morales.: -- and we cited -- looks like we opened a total between all inspections, the first one and the second, we have 44 cases that were opened by Code. The vast majority for the logs and the CCTV setup. So, we are well on our way. I know I had a conversation with -- with Commissioner Reyes from D4 (District 4). He has noticed what the intent was, a reduction in the prostitution on the streets, so we -- we believe that the ordinance is hitting the mark as it should. Commissioner Diaz de la Portilla: Of the -- Commissioner Reyes: It -- it -- City of Miami Page 63 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Commissioner Diaz de la Portilla: Of the 44 citations, can you break those down for me, for us? Robert Santos-Alborna (Code Compliance Director): 19. Mr. Morales: Of the -- Mr. Santos-Alborna: Good morning, Commissioners. Robert Santos-Alborna. I'm the Code Compliance Director. We've issued, as of today, 17 notice of violations. Commissioner Diaz de la Portilla: Okay, 17. Mr. Santos-Alborna: All of them have been provided 30 days to comply, and if they don't, we're going to bring them here, adjudicate and assign the fines as reflected in the ordinance. Commissioner Diaz de la Portilla: Can you break down for me what the 17 are? What the citations were about? Mr. Santos-Alborna: They -- they are predominantly -- well, all of them are motels. Commissioner Diaz de la Portilla: Not predominantly. Of the 17, break it down, 4 for this, 2 for that, 3 for that? Mr. Santos-Alborna: 1'd be happy to provide that information to you. 1 don't have it at my fingertips, but I can tell you the vast majority, the 17 were --1 don't want to provide you something from memory. Commissioner Diaz de la Portilla: Was it for lack of camera? Mr. Santos-Alborna: For all, they were for any of those items. Either they did not have the close circuit camera, or they were not collecting the IDs as required. So thev were for a myriad, for any of those items there. So altogether, as of today, we have 17 notices of violation. Commissioner Diaz de la Portilla: Can you give me, by the end of the day today, the 17? Mr. Santos-Alborna: Yes, sir. Commissioner Diaz de la Portilla: So, we can break, we may be able to bring it back. Mr. Santos-Alborna: Yes, we can provide that to you. Commissioner Diaz de la Portilla: Thank you, sir. Mr. Santos-Alborna: Okay. Commissioner Reyes: Madam Chair. Chair King: Commissioner. Commissioner Reyes: Chief. Mr. Morales: Sir. City of Miami Page 64 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Commissioner Reyes: Have you worked together with the State Attorney in different stings and different investigations? Because that was part of it and it was the State Attorney, the one that we were working and they -- we prepared this ordinance in -- in cooperation with the State Attorney and using their suggestions. And it has been working, according to you, and trying to minimize what is human trafficking and prostitution. In the streets, I can vouch for it because 8th Street, you seldom, you don't see the -- or on Flagler. And your department has done a great job. And I don't know if in other areas of the city, it has been also affected. Mr. Morales: Correct. So, Commissioner, we do have a very close working relationship, and we have two detectives that are detached and work along the State Attorney's Office with the Human Trafficking Task Force. So, it's something that we take very, very personally. Commissioner Reyes: That was intent. That was intent of this -- Mr. Morales: Correct. Commissioner Diaz de la Portilla: Chief to follow up on Commissioner Carollo's question earlier, in terms of Coral Gables, do we have a report from them? Do you have an MOU (Memorandum of Understanding) with Coral Gables now? Mr. Morales: We do have an MOU with Coral Gables. Commander Jack Ferrer that shares that portion of 8th Street that impacts both sides, both jurisdictions, has a very close working relationship with the Coral Gables Police Department, and we conduct joint operations them as well as Miami Dade county on a routine basis. This year so far we've had a total ofI want to say three operations with six arrests, just in that small portion there. If you're looking at the last couple of years, just in Flagami alone, between last year and this year, 75 prostitution arrests. So, we've enhanced our focus on that. That's closely followed by Little Havana, which we've had 20. Commissioner Diaz de la Portilla: Okay. Well,, based on that, and there no other questions, Madam Chair, I have no further questions. I'm going to ask that we withdraw FR.2 for further consideration for now. We may bring it back. He says it's working, so the Chief says it's working. It's working, right? Mr. Morales: Correct, absolutely. And I think it will be a phenomenal idea, very similar to what we do with the HEAT (Homeless Empowerment Assistance Team) program where we send you regular updates to the entire Commission via the Manager's Officer. I humbly suggest that we include that protocol as well for this, just to keep it, to keep the Commissioners all infbrmed with the latest numbers. Vice Chair Carollo: Madam Chair, the Chief mentioned Little Havana. So, ifI could have you clarify that. The 20 prostitution arrests that you made in Little Havanna, how many have been this year? Mr. Morales: How many have what, sir? Vice Chair Carollo: Have been this year? Mr. Morales: This year have been eight. Vice Chair Carollo: Eight, okay. And that was after the report that was erroneous that a female in Little Havana had been sexually assaulted within a few hours of the New Year. Correct? City of Miami Page 65 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Mr. Morales: Yes, sir. There was an incident that was reported on New Year's Eve shortly after the New Year in reference to an armed sexual battery that took place. Further investigation reveals that it was related to a prostitution -related incident that had gone astray. Vice Chair Carollo: And it was not a female. It was a male. Mr. Morales: The victim was not a female, yes. Vice Chair Carollo: Okay. So, I'm trying to clear up, you know, what those 20 or so have been. And I want to thank you, Chief because this problem in that area of Little Havana had been going on for around three years, and nobody ever responded until you came on board. And when you started looking at the records and the information and the facts, and all the neighbors who have been complaining and nothing had been done, you did something about it. So, I thank you for that. And I just wanted to clarify the kind of arrests that were happening there. And I'll leave it at that. Mr. Morales: Yes, sir. Thank you. Vice Chair Carollo: Thank you. Chair King: Do I have a second to withdraw this item? UNIDENTIFIED SPEAKER: Sony? I didn't hear. Chair King: Do I have a second to withdraw the item? Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion -- item is withdrawn. City of Miami Page 66 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 FR.3 ORDINANCE First Reading 11135 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES," MODIFYING AND PROVIDING FOR ADDITIONAL SAFETY MEASURES AND OTHER REGULATIONS; AND ADDING DIVISION 2 TO PROVIDE FOR THE PERMANENT MOTORIZED SCOOTER PROGRAM; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: Item FR.3 was deferred to the February 24, 2022 City Commission Meeting. Note for the Record: For additional minutes referencing Item Number FR.3, please see "Order of the Day." Chair King: Scooter Program. Commissioner Diaz de la Portilla: Tin going to ask, Madam Chair, if I may, that we defer it again until February 24th. The Administration has asked me in the morning to sort of take a second look at it. They disqualified six -- five companies? Five companies, and we got to figure out how we move forward. Commissioner Russell: Second. Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: Item deferred until February 24th. City of Miami Page 67 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 FR.4 ORDINANCE First Reading 11445 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION," MORE PARTICULARLY BY ADDING ARTICLE VII, TITLED "MIAMI BAYWALK GREENWAY ALONG BISCAYNE BAY," TO PROVIDE FOR THE MIAMI BAYWALK GREENWAY ALONG BISCAYNE BAY; PROVIDING 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: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla NAYS: Reyes Note for the Record: For additional minutes referencing Item Number FR.4, please see "Order of the Day" and "Public Comments for all Item(s)." Chair King: And the last item, FR.4. Commissioner Russell: Yes, Madam Chair. In 1979, this Commission put an item on the ballot to change our Charter and make provisions for the bay walk, and they had a lot of discussions on this dais, if you read the minutes, about property rights and how this could be defended legally and how it could be a great amenity for the city. 40 years later, we still don't have a bay walk. The provisions were written in a way that was completely at the discretion of private development when they triggered their responsibility. But it left no provision for us to actually negotiate with them to accelerate the process. And what this does is it takes those missing pieces, identifies it, empowers the City Manager to work with a company like CBRE, negotiate with those missing pieces to get the easements necessary. Doesn't necessarily mean it's going to cost the city money. We have a whole mechanism of carrot and sticks available to us. But we did it with one property and it was successful. What I'm trying to do is create a template through which we can have a five -mile linear park completed in the near future from Brickell Bay Drive all the way up to the Julia Tuttle Causeway. We're only missing two pieces in Brickell right now. The Vice City Marina just closed theirs down last year, and we don't have the leverage to force them to open it up. I'd like to give the management the ability to negotiate that. But more importantly, I'd like to bring this entire element as an asset to the City's Parks Department. I'd like to work with the Planning Department to get it into our Parks Master Plan, and I'd like to really look at it as something that we focus on. Because right now, we don't have the ability to maintain it, to manage it, if we wanted to. It's just a patchwork of individual properties, and I'd like it to become, in a sense, a public private city asset. Now the way this ordinance does that, not through the Zoning Code, but through the City Code, it takes the precedent that both County and State have used in the past, where a greenway under State Statute can consist of both public and private pieces that work together with a government or municipality to be included in a parks system, officially. So, it's a creative way to do a public private and really get this going to finish the bay walkfor our city. So that's my goal. Vice Chair Carollo: Alright. I'll move it. Commissioner Reyes: I have a question on it -- City of Miami Page 68 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Commissioner Russell: I'll second it. Commissioner Reyes: -- and that's why I wanted to defer it because I -- Chair King: Okay, wait one second. Commissioner Carollo moved it. Do I have a second? Commissioner Russell: Second. I will second. Second. Chair King: Okay. Commissioner Reyes: Okay. Chair King: Discussion? Commissioner Reyes: Yes. My main argument about this is what we are going to do, we are going to allow owners, property owners, to give land for the bay walk, and also the adjacent land that they have, the green space that they have between the property and the bay walk, it will be considered park, right? And my fear is that -- and I want to know, so once it's considered park, we are the ones that have to maintain it, you see. That is a cost right there. And besides that, besides that, if -- 1 mean, we can find -- we have to define how much they have -- it is allowed, because if, let's say that I will use my whole -- the whole green space that 1 have behind my property, I could say, well, this is going to be part of bay walk, and therefore it is park and I will not pay any taxes on it, you see. I think that we have to be very careful how do we draft this and how this could be used, you see, in the future as -- as that five - mile linear park that you referred to, which most of it is going to be concrete, at -- that linear park could be used for any -- any item that will come that requires net loss, you see, green net loss of land that has been used for other purposes, they can apply this to that. That is something that 1 would like to clarify before we vote on it. You see, how much it is allowed, how much can they decide -- I mean, they can provide as park, and what is the economic effect of it? Because if we are -- if I have, for example, I have Wan acre, I can say this is park. It is my property. You see, it's part of bay walk. And I could assign that, I mean, and then I'm going to pay taxes on it. Chair King: Do we have staff here to clarify his questions? Commissioner Russell: I can help -- Chair King: Can I have staff clarify his questions, please? Commissioner Russell: Madam Chair, while you wait for staff, I'm happy to address a little bit. Chair King: Go ahead. Commissioner Russell: Because yes, the City Attorney did have a lot of heartburn over making sure this was not a taking where anyone could see that we were trying to go into their property and diminish their rights or force something that didn't already exist. And so, the City Attorney actually has some floor amendments she'd like to add that has -- that have given her comfort to it, but 1 wanted to assure the Commissioner that this does not mandate that we maintain it. There are already very specific provisions within our Code that distinguish that the landowner is the responsible party. But it doesn't preclude us if we wanted to create a program of maintenance in the future. Because right now we don't have one. And one of the things I worked on at the DDA (Downtown Development Authority) was to expand the downtown City of Miami Page 69 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 enhancement team and the yellow shirts to see if someday there could be a larger group of downtown maintenance that even encompasses the bay walk to help with former homeless employment because they do such a great job. But that's not mandated, it's not in this plan, it's something that this allows us to do for the future if we were to bring this into our park system. So, it's just the first step. Commissioner Reyes: Yes, but I want to make sure that, you see, this not could be used and abused by property -- because I don't blame it. You see, property owners, they are business people. I said, well, if I can save, you see, in my taxes, ifI can say, I've been -- this tract of land here that it is adjacent to a bay walk, 1 can say, okay, this is all park land, and I would claim it, I will try to deduct it from the tax roll. Commissioner Russell: That's a good question. Chair King: Can we get clarification from staff please? Mr. Manager? Commissioner Reyes: I think that Victoria has -- Commissioner Russell: Art. So, it may be a legal question. So, the question is, would a greenway partnership reduce their taxable land? And the answer should be no. The intent of this legislation is to not affect their development rights or their taxable area. Arthur Noriega (City Manager): That's the way I understood it, but that is a legal question. Commissioner Reyes: Mr. Chair -- Madam Chair, and Mr. Russell -- Commissioner Russell, if I may offer also an amendment, it says, amendment that we read -- that this dedication or other voluntary covenants shall not be used to offset no -net loss to park land in the MCMP (Miami's Comprehensive Neighborhood Plan). Because I don't want anybody to come and when I'm leaving -- when I leave and I get a piece of West End Park because the Commission wants it, and it could say, okay, we are going to dedicate that area over there to no -net loss, you see. Commissioner Russell: My understanding, I think that amendment would limit the intention of the ordinance. My intention is not to use anything that we don't have access to for the public recreational space toward no net loss. So, it wouldn't be suddenly you'd see this entire bay walk be used for no net loss. Chair King: Hold on one second. Until we have clarification from staff could we table this item and move on to Boards and Committees and let's get that out of the way. Commissioner Reyes: Okay. [Later... Commissioner Diaz de la Portilla: Thank you. Thank you, Madam Chair. Chair King: You're welcome. We can resume our discussion of FR.4 where we left off The Miami Baywalk. Commissioner Reyes: Yes. I was asking for, because I want clarification on how this is going to affect. As I stated, it is my concern that this could be misused and at the same time that part of the land that is being granted to the City as part of the bay walk, it could be extended, I mean, and could be taken, once they call it park or it is assigned Park, they are taken out of the tax roll and that could have a negative effect also. Also, I would like to place some constraint that if anybodv comes to one of our City of Miami Page 70 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 parks and take a piece of park, that they cannot use this what is called linear parks or mediums in order, whatever is green, in order to use it as a replacement for no -net loss. And that is my concern and that's why I wanted to make clear that that won't happen, because if not, I cannot vote in favor of this. Chair King: Commissioner Russell. Commissioner Russell: Thank you. I think legal would be best to answer the question about whether this would change the taxable land of the private property. It's not intended to. Commissioner Reyes: If there is a possibility without -- Commissioner Russell: 1'd like to make sure it doesn't. 1'd like to make sure that your concern there is taken care of. The second part, I, as the seconder of the motion, would not accept that amendment. Commissioner Reyes: Okay. Commissioner Russell: But if the City Attorney's Office could clam on the tax issue. Victoria Mendez (City Attorney): On the tax issue, we haven't found any evidence that it would change the taxable nature, but between first and second, we'll do plenty more research just to confirm that. Commissioner Reyes: Are you placing limits on the amount of land that could be used? Because as it is now, I could have my whole backyard ifI have one of those buildings and say, well, this is part of the bay walk and I'm going to declare this park land, and this park land, I mean. Commissioner Russell: Thank you. Madam Chair? Commissioner Reyes: And what it will do, it will, you see all those little pieces, what it will do, it will increase, it will increase the park land, you see, as if it were really a park, and it will also be used by any person or any company that will come, let's say, to West End Park, and the City decides to give them a tract of land, they can use any one of this -- whatever green space they have, as a substitute for no -net loss. And that is my concern, and that's it. Commissioner Russell: Thank vou. Chair King.: Okay. Commissioner Russell: Madam Chair? Chair King: Yes? Commissioner Russell: I would be willing to amend between first and second with regard to the taxable language to address that explicitly. There is -- that this shall not affect the taxable nature of the land. This is not creating any -- there -- it's like an easement. And so that 1 would find to be perfectly good. What was the other thing? There are very specific guidelines already within the Code and the Charter that define the bay walk, so it can't be anywhere anyone wants. It's the first 25 feet of width has to be given for public access during certain hours. And then the next 25 feet is a buffer, a landscaping buffer Ibr the private property owner's privacy. So, my intention is just where we have the easement, only where we have public access. And there is greenery there. Yeah, there's a lot of concrete, but you and I, when we ribbon cut the skate City of Miami Page 71 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 park, there wasn't a blade of grass in there, but you looked at me and said, you know what, this is a park. And there was 300 kids there that day. So that's my hope, that we create an active space that we can help manage, program and push forward to get completed. But 1 agree with you, we don't want to lose anything off the tax rolls. We don't want to take anyone's rights of development away. We want to make sure that this is simply good. Commissioner Reyes: But when you talk about the linear park, you're including as part of a park the concrete in which, I mean, that is part of the bay walk. Commissioner Russell: Yes. Commissioner Reyes: You see, that is my, and you can -- you are just adding our tax - -1 mean, park land inventory by including those --1 mean, eight feet or something like that of concrete. Chair King: Okay, well, I have a motion -- Vice Chair Carollo: Can I -- Chair King: -- and a second. Vice Chair Carollo: 1 accept the amendment. If I could just make a brief comment. Chair King: Please. Vice Chair Carollo: I agree that this should not be taken from the tax roll. I think this is a valid point and I thank you for bringing it out. Chair King: Commissioner Carollo. Vice Chair Carollo: Commissioner Reyes, I think that's a very good point and that should be part of the second reading. The area that I don't agree with is that we don't make it part of the overall amount of park space we have in the city. And how I look at it is in the same way that I've always looked at, for instance, Melreese Golf Course. Yeah, it's green space, but the only way that you could get into it would be if you would pay to go play golf. And this, you don't even have to pay to get through it. So, it's, you know, we could have difference, and, you know, we could both be right, we could both be wrong, but that's my opinion. That's why that part of it, I don't look at it that way. Commissioner Reyes: Yes, and you also have pools that you have to pay to swim. Vice Chair Carollo: Yeah. Commissioner Reyes: And you -- people say, well, not everybody plays golf. I don't, we -- not everybody owns a boat, and we have marinas. Vice Chair Carollo: Yeah. Commissioner Reyes: And you have to pay to have the marina there. You see, because of that, we are not going to destroy it, you see. And what Pm saying is that we cannot use -- we shouldn't be using this five mile of linear park in order to -- and you mentioned Melreese, to replace the no -net loss of Melreese for example. Vice Chair Carollo: I'd look at it way beyond Melreese. City of Miami Page 72 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Commissioner Reyes: No, but you are the one that mentioned it, not me. Vice Chair Carollo: Yeah, 1 mentioned it because -- Commissioner Reyes: That's right. Vice Chair Carollo: -- it's the best example that 1 could give -- Commissioner Reyes: You see -- Vice Chair Carollo: -- about areas that we're including as parks, but are not parks because people cannot get in there unless they pay a higher amount to get in. Commissioner Reyes: But it is a park. Vice Chair Carollo: Well, it all depends on what you're asking. You say it's a park, it's a golf course. Commissioner Reyes: It's a golf course -- Vice Chair Carollo: It's a gold course that you can only get into it if you pay a high fee to go into it. Commissioner Reyes: A pool is part of a park too, and you have to pay to swim in that pool. Chair King: Gentlemen. Vice Chair Carollo: But anyway, the bottom line is that I'd look at the linear parks just like I'd look at Melreese, that you should include it -- Commissioner Reyes: Yes. I know Vice Chair Carollo: -- in the overall park land amount that you look at it. Commissioner Reyes: Listen, that is your opinion. Vice Chair Carollo: Right, and I respect yours. I respect yours. Commissioner Reyes: That's your opinion, you think that -- is any linear park and any green space could be used to replace no -net loss for Melreese. I mean, that is your opinion. Vice Chair Carollo: This is -- Chair King: Okay. Gentlemen, can -- Vice Chair Carollo: This is not having to do with Melreese per se. Commissioner Reyes: But that's -- you just mentioned. Vice Chair Carollo: Yeah but -- Commissioner Reyes: You keep on mentioning it. Chair King: Okay gentlemen -- City of Miami Page 73 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Vice Chair Carollo: But 1 didn't say that it had to do with Melreese. Commissioner Reyes: Okay. Vice Chair Carollo: I made the comparison of something different than what you're talking about. It appears the one that wants to look at it for a different reason than Melreese, is maybe you, but I'm looking, and this is how I look at things, in the long run for the city. You know, for a hundred years from now, when you and I, nor any of us will be here. Commissioner Reyes: Well, you won't be here, I'll be here. Vice Chair Carollo: Well, yeah, maybe, you know, in tomb, you know, like one of the pharaohs, but that's the only way you or anyone else could be here from 100 years from now. Commissioner Reyes: But that's exactly what I'm saying that I don't want in the future, in the future, that somebody can take a piece of any of our park and it would use any - - any green space as a replacement, for no -net loss. That's why I want a limit, you see, what can be used and what can not be used. Chair King: So -- Commissioner Reyes: It is not because of Melreese, because there are other parks that can be built and they can use it, you see. Chair King: Well, gentlemen. Vice Chair Carollo: That's' a fair statement, but the one that we're in firm agreement on is that whatever we call it, that it should not be taken off of tax rolls. That (UNINTELLIGIBLE). Chair King: Absolutely. So, let's see the will of the body. We have a motion and a second. All in favor? Todd B. Hannon (City Clerk): Chair? Commissioner Russell: The City Attorney has a couple of amendments. She'd like to -- Chair King: And she has to read this into the record. Go ahead. Ms. Mendez: Thank you. In 38-249, we're going to remove the intent language. We're not going to intend; we're going to say exactly what it is. So, it's just taking out the intent, the word intent in there. In 38-253, and we're going to end -- I believe we misnumbered it, so we have to fix the numberings of the article, but we're going to talk about the deviation language in both those paragraphs in the two 253s and fix the numbering to specifically say what we're going to deviate from. And I believe that is it on the changes between first and second. Chair King: And can you read the title into the record? Ms. Mendez: Yes. The Ordinance was read by title into the public record by the City Attorney. Chair King: All in favor? City of Miami Page 74 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Commissioner Russell: Yes. Vice Chair Carollo: Aye. Commissioner Diaz de la Portilla: Aye. Chair King: Aye. Commissioner Reyes: No. Mr. Hannon: Motion passes 4-1, as amended. Chair King: Thank you. END OF FIRST READING ORDINANCES City of Miami Page 75 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 DI.1 11200 City Manager's Office DI - DISCUSSION ITEMS DISCUSSION ITEM A DISCUSSION REGARDING THE REDISTRICTING PLAN PRESENTATION. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number DI.1, please see "Order of the Day." DI.2 DISCUSSION ITEM 11313 A DISCUSSION ITEM REGARDING THE UNDERLINE PROJECT City Manager's PRESENTATION. Office RESULT: DISCUSSED Chair King: We are now with the discussion items. Are there any items that any of you would like to defer/withdraw? Vice Chair Carollo: Okay. Let me go on to discussion item, D.1 [sic], of course -- Chair King: That was withdrawn. Vice Chair Carollo: We have D.2 [sic], we have D.3 [sic]. Can we leave D.3 [sic] if we have to take it today, to the end of the meeting? Chair King: Sure. Vice Chair Carollo: Okay, so -- Chair King: When you say end of the meeting, after the PZ (Planning and Zoning) items? Vice Chair Carollo: Yeah, after PZ items. Chair King: Okay. Does everyone agree with that? Commissioner Diaz de la Portilla: Yes. Chair King: Yes? Commissioner Reyes? Commissioner Reyes: What? Chair King: Do you agree with? City of Miami Page 76 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Commissioner Reyes: Yes. Chair King: Okay. Commissioner Reyes: We've got to be here anyways. Chair King: Okay. Vice Chair Carollo: Yeah. Chair King: Okay. Vice Chair Carollo: And then D.4 [sic] and D.5 [sic]. Are you ready? Okay. Chair King: Okay. So, can I have a motion for -- you want to discuss D.4 [sic] and D.5 [sicJ? Vice Chair Carollo: Yes. Chair King: You want to discuss D.4 [sic] and D.5 [sic], okay. Vice Chair Carollo: Yes. Chair King: Okay. Hold on, and that's going to go in. So, what's left is D.2 [sic], the Underline Project presentation. is there anyone here from the Underline? Vice Chair Carollo: I believe Ms. Daly was here. Meg? Commissioner Russell: Madam Chair, I believe Commissioner Regalado had reached out as well. Chair King: She is not able to attend, but representatives from the Underline will be here. Commissioner Russell: Agreed. Chair King: Hold on one second. I'm sorry. I have to turn that on. Go right ahead. Irene Hegedus: We were under the understanding that Commissioner Regalado was going to be here at 5 o'clock? Chair King: No, there's' -- she advised me that she is not able to attend, but -- oh, I don't have my mic on. I'm sorry. She advised me that she is not able to attend. We talked about deferring the item to the next meeting, but she said that you guys were here and wanted to move forward, so. Ms. Hegedus: Perfect. Okay. Chair King: Okay. Ms. Hegedus: Thank you. Chair King: Perfect what? Are they going or not going? UNIDENTIFIED SPEAKER: Yeah, because I don't know what this is. Why is it starting in here? This is perfect so she can read her comments. City of Miami Page 77 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 (COMMENTS MADE OFF RECORD) Commissioner Diaz de la Portilla: Meg how many trees did you remove from the Underline for this? (COMMENTS MADE OFF RECORD) Commissioner Diaz de la Portilla: Oh, okay, that's very important. Okay, I heard -- I overheard one of my colleagues and the City Manager discussing how many trees were removed. Commissioner Reyes: Is this recycled paper or is it going to be recycled? Meg Daly: 1t was required that we bring five sets. Commissioner Diaz de la Portilla: Oh my god, so there's more trees? Chair King: I just got a call from Commissioner Regalado and said she can be here in 30 minutes, so if we can take up something else until she gets here. Commissioner Carollo, would you like to take up D.4 [sic"? So, if could have a seat and -- Vice Chair Carollo: 1 really would like you up for these. And on, let me see -- did I put Januaiy? Ms. Daly: Would you like for us to be seated? Chair King: Yes, please. Ms. Daly: I apologize: Chair King: Commissioner Regalado will be here in 30 minutes. Ms. Daly: Great, thank you. [Later...] Chair King: We will now take up Discussion Item 2. Commissioner Regalado. Commissioner Reyes: Welcome Commissioner. Raquel Regalado: Thank you. Thank you very much. Can I take off my -- I don't know what the rules are here. The County, they're all wacky. First and foremost, thank you so much, and thank you, Madam Chairwoman, for accommodating my crazy schedule. We actually had a very long committee meeting at the County, so I rushed over here. So, thank you for hearing this item a little bit later. I know you all have had a long day. So first and foremost, you know, as a County Commissioner that represents Phase 2 and Phase 3 of the Underline, I'm here to support staff and Meg and to talk to you about the project. You know, on July 9th of this year, the Half Penny Ordinance that was passed by Miami -Dade County will be 20 years old. And I know that many of you up here were very critical of that, as I have been. And there were a lot of promises made that were not kept. And in the past, the county and the city have not had the best of relationships, specifically, when it conies to transit. However, I think that we are trying to change that. Right now, as the appointee to Tri-Rail, I'm working hard to get accountability as to what occurred at Miami Central, and we're doing the best that we can using our resources at the county to ensure that the county and the city and the investments that were made by all these parties receive the respect that they deserve at a tri-county organization. So, I think that there are some projects that City of Miami Page 78 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 are different. I think that there are some projects that can set us apart from the belabored transit history that we have. And one of the main issues that the City of Miami had with the Metrorail was that it was unused, that it did not serve the neighborhood, and the Underline really responds to that. I am not just the commissioner that represents Phase 2 and Phase 3 of the Underline. I'm the only county commissioner that lives in the rapid transit zone. I live in Phase 2. I moved to Golden Pines because of the Underline, because of the walkability, because of what it adds to our quality of life there. But I'm also the first to admit that the county could have done a better job educating the residents in my neighborhoods and the neighborhoods directly adjacent to us about the mitigation with the trees. So today we're here to present to you exactly what we'll be doing in Phase 2 and Phase 3. We're excited that unlike other county projects, we're actually moving jorward faster than planned. How often does the county say that? And we're excited that Meg and her supporters have been able to get private finding and do something that is truly beautiful, that will unite these neighborhoods, that will provide safety, security, opportunity, walkability, and connectivity, not just first and last mile, but an opportunity for folks to have community and park space above and beyond what is currently accessible to them. So, I'm going to let them make their presentation, then we'll talk about all the wonderful trees that we're going to be adding in the area. And then if you guys want me to stay, Pm happy to talk peacocks, playhouse, tri-rail, whatever you like. Commissioner Reyes: Peacocks? Ms. Regalado: Peacocks, yes. Commissioner Reyes: They're delicious -- Vice Chair Carollo: They should be sacred again. Ms. Regalado: I'll fill you in on everything that's happening at the County, butt know that they have a wonderful presentation and I want them to present to you exactly what we're doing with the trees, the changes that you're seeing, what you're going to see in the future, and how we're moving forward with Phase 2, Phase 3, and how this connects to the neighbors, including myself. So, Irene's here. She'll start and then and then Meg. Ms. Hegedus: Good afternoon. Before I start, I would like to provide a letter that was written by the Director of the Department of Transportation and Public Works regarding the maintenance and signage for the ordinance that was passed. So good afternoon, Commissioners, Chair, Madam Chair. My name is Irene Hegedus, and I'rn the Chief of Transportation Enhancements. for Miami -Dade County Department of Transportation and Public Works. Wow. I also am the project manager for the Underline, the full 10 miles. First and foremost, I would like to thank all of you for your superior support and commitment to the Underline project. We are here today because we need to address Resolution 21015 that you passed about three meetings back with the hopes that at the end of this presentation you will vote to unfreeze the junds for the Underline. As you know I just provided the Clerk of Court [sic] a letter that the director wrote addressing maintenance and signage. We can touch on that as well, as you please, during the presentation. And now I would like to let Meg, my friend and colleague, she doesn't need introduction, the founder of the Underline, to introduce herself. Ms. Daly: Thank you, Irene. Thank you, Chair King, and Commissioners, and thank you, Commissioner Regalado, I know you made a mad dash over here. I'm Meg Daly, and I'm a full-time volunteer serving as CEO (Chief Executive Officer) and president of Friends of the Underline. Our office is at 80 Southwest 8th Street. Irene already City of Miami Page 79 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 touched on a couple of the things that 1 was going to talk about, butt did want to share the big package that all of you got is surveys taken by people who live in the City of Miami and throughout Miami -Dade County. You also received numerous letters of support earlier in January when we were going to present at that time. And what people told us they're most excited about in these surveys is first that they can walk safely in their neighborhoods. Second is they can bike safely. And third, they look forward to bringing beautiful landscaping, planting, and nature to their neighborhoods. They also love dogs. So, we have lots of dogs on the Underline. Miami -Dade County hosted a neighborhood webinar to address why trees were removed and what they are being replaced with. Irene will share that information in a moment, but to directly address the question of the replacement of tree canopy, when construction is complete, the Underline will add over 35 percent new tree canopy. And we are working diligently to add mature native trees adjacent to US-1 from Vizcaya to Southwest 19th from a potential donor or other opportunities. We thank the neighbors for their input. They've been very, very supportive, very helpful, and they spoke, and we listened and we want to make sure that they know that we'll be communicating back to staff as we finalize the tree planting plan. So, I'm going to take you just through a few minutes of what we've been doing with Brickell Backyard and what's coming in Phase 2. As you know, we talked about the Underline. In addition to be a park it's also a multi -modal corridor from the Miami River down to Dadeland South. Thefirst phase, Brickell Backyard opened just -- almost a year ago. Our birthday is on February 26th. 1 hope you can come to our birthday party. There's cake. The second phase is from Southwest 19th, I'm sorry, Coral Way down to Southwest 19th and then goes all the way down to Dadeland is the third phase. For those of you who have not visited Brickle Backyard, it's a half a mile long. 30,000 native plants and trees were installed just in this area. We've had incredible programs. We've had entrepreneurship programs for children and high school students. Malik Roll, who spoke in January, talked about him starting his snow cone company on the Underline. He now wants to be accountant. We have also free programs for kids from Little Havana learning how to play basketball. We've unveiled three public art installations, and the butterflies are very happy. Monarchs, the talas, and sulfurs are out in large numbers. We also have 24-hour security, 18-hour maintenance, and weekly programming. So, Phase 2 is just over two miles long. I mentioned it's from Coral Way to Southwest 19th. Two public meetings were completed. Community priorities were safety first, nature second and community programs, and construction began in fall of 2021. I'll take you some of the really beautiful pictures of what's coming at these amenity areas, there are three of them that connect alongside the trail. This is what's currently directly next to Simpson Park. This is not Simpson Park, and this is what's coming. This four acre playground with trails, native planting and lighting. There's LED (Light -Emitting Diode) lighting all along the corridor. And there's a small kids' area, there's a large kids' area, and there's lots of areas for us to have programs for children, both from education to activation and health and wellness. At Vizcaya, this is a familiar site, and this is what it's going to look like when done. This will be a programmable area. We've listened to the neighbors. They're excited about free yoga classes, farmer's markets, plant sales, and all of this is connecting to the beautiful Vizcaya Museum and Gardens, which a lot of the planting is inspired by that destination. And this is a familiar site. This is the third area, the third park area at the corner of Southwest 17th Avenue and US-1. This is -- someone took it I guess when they were driving by, I'm not sure how that happened, but this is what's coming. The first of many bioswales, and bioswales are green infrastructure that help with stormwater mitigation. I heard Commissioner Reyes talk earlier about the flooding in these areas and this is sort of like a green way to take care of stormwater and flooding. And this is from the north looking south. We spotlight on our security which will be 24 hours a day, and creating a park out of this bioswale. So now I'm going to hand back to Irene and you're going to take it from here just tell me when you want you know want me to advance the slide okay? City of Miami Page 80 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Ms. Hegedus: Yes, thank you. So, Pin going to he addressing safety and infrastructure and planning which is a the primary concern and there are so many elements that play -- that come into play when making and designing the Underline. Commissioners, as you heard, we have had over 100 community meetings since we started the project and many, many surveys performed. And throughout the entire process, the community, before and continues to this day, required for the three top priorities that the Underline is to achieve. The first one is walk safely, second bike safely, and the third one is nature. And everything that we do is measured against those three tenets, all the design decisions. Safety being number one priority, it also includes all of the infrastructure that goes below the ground. And there will be some slides that will explain all the constraints that we have as a site. We have lighting also to provide safety, but it requires infrastructure. We have all of the drainage, and obviously we have extensive and intensive planting strategies that we are implementing, but always taking into consideration all the codes and regulations and also lines of site in support of safety all of the time. As you know, the Underline is being built primarily on the rapid transit zone, which is primarily a transportation corridor. And the Underline is a multimodal transportation that is going to serve when completed at the first and last mile on connecting trips. Next. In this slide, you see Phase 2. We have six intersections. The ones shown in blue are the ones that have been completed by FDOT (Florida Department of Transportation). The ones shown in green are the ones that are being completed by our contractor, the design builder. This is just within Phase 2. Also, these intersections were identified as minor improvements when they were done for the master plan and all of the traffic studies performed. The next slide is showing you that as part of the safety strategy required by the community, we have worked diligently also with FDOT and all of the roadway planners. The Underline actually is set a buffer -- it provides a buffer between US-1 and where the crossing is going to be. Ideally the buffer should be six feet, but there are some areas where we can actually not achieve the six feet just because we have barriers and the geometry of the road. However, there is always a buffer, and the buffer is anywhere between two and four feet. As you can see also, we're widening the crossings, and we are separating the pedestrian and the bicycle crossings. All of this while improving the line of sight, which is not only important for the bicyclists and pedestrians, but also for the vehicles to be able to look at anybody approaching those intersections. And this does not include all of the changes to signalization that will happen when you have an intersection with signals. So, the next -- in terms of the planting strategy, survey, we always survey every day the entire site. And we have surveyed Phase 2. We have identified that Phase 2 currently has 930 trees. 63 percent of those trees are going to be remaining on site. And by the time that we're said and done, we're going to have about 64 percent increase over the existing conditions in terms of our planting strategies. So, we will be adding about 1,500 trees and palms, but also over 100,000 plantings that fell within the (UNINTELLIGIBLE) that was identified by the landscape architects throughout. Vice Chair Carollo: Chair, can I ask her one question? If I could interrupt you for a minute. You mentioned palms. Ms. Hegedus: Yes. Vice Chair Carollo: What kind of palms are you talking about? Ms. Hegedus: At the end of the PowerPoint, there is -- a lot of the palms that you're seeing right now that are being moved, that are appearing, are palm trees that we are relocating. They are new palm trees. So, we are trying to save as many trees and palms, and those are the ones that we relocated. Vice Chair Carollo: Yeah, I saw that, and I knew they were relocated. First of all, they're extremely tall. Secondly, some of them are all bent real bad, but that area City of Miami Page 81 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 where you're planting those, that's the area that we had a whole bunch of trees and a huge amount of tree canopy that was cut down. From the (UNINTELLIGIBLE) 95 becomes US-1 almost to 17th Avenue. And the huge tree canopy that we had that was so beautiful, and at the same time, during traffic, that rush hour, you go very slow there, it kept people cooler. It's all gone. And I'm just wondering, why did it have to be cut down and then the replacement that we're getting is what I call these Everglades palms, scrub patens, that are the ones that the Miccosukees and Seminoles and others in that business use to make the tiki roofs, that out of all the patens that we have in Florida, I have to say they're the ugliest. I mean, I wouldn't, you know, listen, even if they give them to me free, I wouldn't plant them. And I'm sorry, that's mean. 1 mean, I would be willing to try, to get you, for free, royal palms. At least you put something elegant there. Ms. Regalado: Well, I want to eliminate palms from the CDMP (Comprehensive Development Master Plan). Commissioner Soto is very upset, but you know, actually palms are not trees, but that's another story. We get into that discussion at the county all the time. Vice Chair Carollo: You're right. Ms. Regalado: They're herbs. Vice Chair Carollo: But my problem was I didn't want to see palms there. 1 wanted to see the tree canopy that we have. And if we're going to replace that tree canopy with palms, at least let's go with some elegant palms. Ms. Regalado: Agreed. Vice Chair Carollo: I prefer tree canopy, but my original question is, why did those trees that were decades old have to be cut down? Ms. Regalado: Well, the issue is the mitigation. I mean, so there's a few things -- there are a few things that are happening. You know, we -- we're going to explain a little bit more further on in the presentation, but we're also undergrounding a lot, you know, since you guys approved this, one of the things that I added to the budget is, at the County, was $800,000 to underground fiber. So, Meg can talk about hotwire and what we're doing. FPL (Florida Power & Light) is also going to be undergrounding a lot of their infrastructure. And the mots of some of these trees were a problem. They were going to be a problem for cyclists. They were going to be a problem for the path. And some of them, we brought DERM (Department of Environmental Resources Management) out several times, and DERM actually was the one that made the final decision to remove them. So it wasn't that someone decided we're going to remove these trees. There were issues with mitigation and moving them, and they could not survive being moved. Now, that being said, like Meg said earlier -- Vice Chair Carollo: That I agree, they would not have survived the move. Ms. Regalado: Right. So, as Meg said earlier we are working with a private donor to secure more mature trees that are very similar to the ones that were -- that were replaced. So, we're working on that. But there's also the issue of the space as we create the path. The path cannot get smaller and smaller. And listen, we're going to have the same conversation when we do the Commodore Trail, you know, that we've actually been waiting on for such a long time, because in order to get around the trees, we're going to have to change the path significantly. So, I think in this case, we really did try everything that we could at parks and with DERM to save as many trees as possible, but some of them, their root structure and their placement, it was just impossible to keep them and to do the work that we want to do. But that being said, City of Miami Page 82 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 we totally agree with you in terms of the need for more shade trees and we're going to he adding more. Specifically, we're looking at live oaks. So now where we place them is another story because again, we can't place them so that they tear up the infrastructure or the path. Vice Chair Carollo: Well, can I ask you this? Why couldn't that infrastructure have been put on the other side of the people mover, instead of the side where the trees were at closest to the street? I mean, why couldn't that infrastructure have been moved, you know, another 20, 30 feet the other way? And the trees would have been safe. Ms. Regalado: Yeah, well we can show -- there's a slide, right, that shows what was happening with the roots. Go back. Ms. Hegedus: So, in this slide, you can see, the first thing is that we're building on the rapid transit zone, which is extremely narrow in this particular point. So, we're anywhere between 50 and 70 feet. On top of that, you're talking that we cannot build anything or put any trees anywhere between -- within 5 feet of their safety zone on the site and then 12 feet on the bottom. So that means that on the bottom we only have -- the structure itself on Phase 2 is anywhere between 17 and 18 feet below grade. So, we only have 5 feet of height. So, if we left all of those trees, there are several things. First, they're not in compliance. They're not complied anymore with the FDOT clearance zones. So, they're getting hit by vehicles in the recovery area. The second one is that if we leave it in place, then we're putting the path and all of the amenities right next to your neighbors on the residential zones. And that becomes a real issue because there's a lot of -- we are expecting a tremendous increase in bicycle and pedestrian activity through these zones. And we have lighting and those lights come up. So, we were trying to keep them as far as we could from the neighborhood, the single-family residential homes, and trying to limit any kind of adverse effects that lighting may have on their backyards at night when people are actually using the path. As Commissioner Regalado mentioned, there are other things to consider as well. Not only we have the safety zones right next to the metro rail, but we also have an easement that is provided to FPL to bury their lines, their high transmission lines. This easement is 10 feet. This easement cannot be -- you cannot go 25, 30 feet below grade right next to the foundations of the Metrorail station. So therefore, those lines are pushed to the sides and we cannot build anything on top of those 10 feet. So, in terms of areas, we are tremendously limited on where is it that we can actually put root systems, infrastructure, drainage structures, the foundation for the lighting of the path. And the last thing that we want to do, and we evaluated this, and you will see in some of the slides, we're trying to leave as many trees as possible in place and actually create root barriers. And the last thing we want to do is have this amazing path be built, and I will show you pictures of what happened with those beautiful trees along US-1 and the liability that it has created for people falling because of the cracking of the pavements along the way. Ms. Regalado: It's a maintenance issue for the County, so the County also is concerned about the maintenance and the upkeep of it. But I promise you, Commissioner, that we're doing everything that we can. Chair King: Let's continue. Vice Chair Carollo: With all due respect, I'm looking at some of the pictures that are being shown there. It just doesn't look to me like it wasn't something that we could not have overcome and kept those trees. But they're gone. And the only thing that I would say to you, Commissioner, with all due respect, you know, we should have at least been asked to -- City of Miami Page 83 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Ms. Regalado: Agreed. The County -- the County dropped the hall on informing you and that, we take responsibility for that. Vice Chair Carollo: The problem is the County wants to drop the ball on our head all the time, not just drop the ball. I'm going to give you another example. I haven't really jumped on this because it's in Commissioner Reyes's district, but it's affected my district, and I'm afraid that it, you know, it's going to be, or it was done so that 17th Avenue could be changed in my district, 22nd Avenue, from US-1 to Coral Way, four lanes, and you need four lanes there, especially during rush hour. It's been turned into two lanes so that you can put a bike path on both sides. The bike path ends a block before you reach US-1 -- Commissioner Reyes: Yes. Vice Chair Carollo: -- and it ends a block before you reach Coral Way. From then on, 22nd Avenue through Allapattah, through the end of the City of Miami, and into the County, there is no back path -- no bike path. When you go into Coconut Grove and 22nd Avenue, all the way to Kennedy Park, no bike path. No one had the courtesy to come to this Commission, I don't know if they spoke to you or not, I doubt it, to say, hey look we're going to do this. And Commissioner, something that doesn't make sense, it's only been done so that I guess the County as a whole could say, look at how many miles of bike path we've built throughout the year. But what are you accomplishing if you're just throwing bike paths that go to nowhere and are taking lanes, full lanes of traffic, in this case two, for no reason at all, and we're having a real traffic congestion, jam, during rush hours. And I'm petrified now what solution they want to come to, to go into 17th Avenue with it, or into Silver Bluff with the four streets that, I think you know the situation there. Commissioner Reyes: May I add to it because -- Vice Chair Carollo: Yes, it's your district. Commissioner Reyes: -- it's my district. Since the first time -- since I was elected, I was trying to -- we had a project for 22nd Avenue, a project that was going to try to -- it was going to curtail, cut -through traffic and all of that. And it was taken to the County. The County first approved it, then they said no. And we were working on it, and then Commissioner Higgins, she came to my office with this project, I mean, in order to show this project. And right then and there I said, I don't agree with it, I think it's going to create a traffic jam. She said, well, there is no traffic jam now. Yes, it's not a traffic jam because there are four lanes. There are four lanes. Now, you are going to reduce it to one lane going each way, then you are going to create a traffic jam. I had many of my constituents, they had reached me, but it's not our road, and we don't have the authority to do what we want. And you're talking about the bike lanes. I don't have anything against the bike lane when it is properly used and what it should be. But we have drank the Kool-Aid that Miami is going to be a cyclist and pedestrian city. And we are going to build -- I bet you that you sit at 22nd Avenue and you start counting how many bicycles go through that bike lane, it's going to be very few. But those are projects that they are conceived and then they are done without looking into the consequences that are created and that is a bad example of the county taking their -- I mean, imposing their authority on a city street. See, that's a real bad example. Chair King: Commissioner, let's allow them to finish their -- Commissioner Reyes: No, but he brought it up. Ms. Regalado: I'm happy to respond. Listen, I understand. City of Miami Page 84 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Chair King: No, no, no, because then you respond and then that might spur another question. Ms. Regalado: Right. Commissioner Reyes: No, no, no. Chair King: So, I'd like for you to finish the presentation and then we can -- Commissioner Reyes: I'm just venting, Madam Chair, because I'm frustrated. Chair King: 1 understand. Commissioner Reyes: Because, you know, the one that is getting all the complaints, the one that is getting all the mail, it is me. And I am not -- I hate to be blamed for something that I didn't do. I had a better alternative and something that I did oppose from the get -go. Chair King: Okay. So, we're going to allow them to complete their presentation and then well all weigh in. Vice Chair Carollo: Chair, the only thing 1'll say, and 1'll stop there is that the saddest thing is that you can stay there the whole day, and if you see five bikes go through that bike path, it's five too many. We are not the People's Republic of Miami. Commissioner Reyes: We are not Holland either. Chair King: Commissioner Regalado, if your team can continue with the presentation. Ms. Regalado: Yes, I'll address all that. We can talk about that in the TPO, but let them finish their presentation please. Vice Chair Carollo: Sony, Meg. Commissioner Reyes: Sony Commissioner, you didn't come here to argue about that. Ms. Regalado: No, no worries. Commissioner Reyes: Or talk about that. It is not even your district. Ms. Regalado: No. Commissioner Reyes: You don't have to address that. Ms. Regalado: I'm happy to take the heat. Commissioner Reyes: No, no, the heat doesn't go with it. You didn't do it. Let's stick to what we are discussing, which is the Underline. Ms. Regalado: Yes. Thankyou. Thankyou. Chair King: Ladies? Ms. Hegedus: So, in these images, you can see, for example, some of the streets that were identified, and you can see the root system and how they have been lifting, obviously, the path, and also the proximity to the US-1. We have many, many more pictures that you can see where actually the current garden along US-1 now is being City of Miami Page 85 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 lifted. In here, you can see we have some trees, for example, that have absolutely a beautiful canopy. But when you start looking at it up close, you start looking that they have trunk decay. Some of them are co -dominant, and a lot of people have asked us what a co -dominant tree is. The tree may be looking very healthy, but the bottom line is that it's growing two branches out of one single trunk that have about the same girth diameter, and the trunk at that point gets compressed and it gets weakened. So those trees are more likely to come down when we have big storms. You also look at some of the pictures, circular roots, those are strangling the trees. The tree may be looking fine, but the bottom line is that the tree eventually is not going to be surviving. And the strategy that we are in place is that we want to plant the right tree in the right place to make sure that we can maintain it correctly and be able to allow the tree to achieve the full growth. Like Meg said, we are removing, Miami -Dade County does calculate the removal and the canopy percentages by a square footage. The City of Miami does it by girth. But we are removing, based on permitting drawings that were sent to you, 165,000 square feet of canopy, but we are planting 267, 000, almost 270,000 square feet of canopy. That one strategy is not to create and plant a tree that provides you a gigantic canopy, but a grouping of smaller trees that can provide the same amount of canopy or more. And those are trees that actually can survive and can thrive in this very narrow rapid transit zone that we have. The next picture, a lot offolks have asked us, what is it, all of the stuff that we have on the site. The first photo is from FPL and the Injector Project. We have to also keep in mind that they are going down and they're burying their lines 25 feet below grade, sometimes at 30, and -- but they need to come in daylight, and they need to do a splice on (UNINTELLIGIBLE) and then come back again. Every time that they daylight, and we have worked very closely with them, it's like a hundred yards each way that we cannot do anything on top of them because those are high transmission lines on steel pipes, liquid cool. So, we have tried to move them as close to the property lines as we could, but there are times where that is just simply not possible. On the second image of the center one, those are our drainage structures. If you look on the back, you're going to see concrete drainage structures, and that is really to try to retain our stormwater runoff on site. And then obviously we have the lighting. I'm not mentioning anything on the Metrorail, electric lines, and all of the power and traction that happens under the Metrorail. But those are -- those light fixtures will require about six foot deep by two feet in diameter concrete structures to be able to comply with the codes and wind resistance. I already talked about this slide on the sections, to try and give you a perspective of the issues that we have. But we wanted to take some time and show you some of our planting strategies. So, it is not that we're taking down the trees. We would like to give you more of a concept of what it will be like when we are done. In this particular area, we are taking down a Ficus. That Ficus is (UNINTELLIGIBLE) property lines with the neighbors and also with our property. But you can see that the canopy is truly -- it's been chopped so much because it overlaps all of the guideway and the third rail and electrified. It doesn't meet the safety guidelines. However, when we're done, what we're doing is that we are replacing all of that area. We are adding trees, but they are not as big of trees. And I will tell you that is every square inch of this underlying path on Phase 2, which is about 2.14 miles long, has been encountered. Along the US-1, there are several strategies that the landscape architects have taken into place, and they're providing a shade buffer, and they're providing plants like wild coffee, the dwarf patch apple, and I cannot read any more than that. There are a lot of gumbo limbos that are planting, but it is strategically to maintain the buffer in the safety zones that are required by US-1 and vehicle distances, and also be able to provide as much shade as possible. On this particular case, these are the black olives that a lot of people have complained, and you can see that they're separated from US-1 quite a bit. However, it does not allow us -- the first thing is that it interferes -- the canopy interferes with the Metrorail above, and also it does not allow us to place any kind of a path through this area. So, the decision was to go ahead and remove those trees. However, in their places, it's the same area, you can see the landscape strategy that is going to be City of Miami Page 86 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 implemented. In this strategy, not only we are also planting trees, but they are -- we cannot do a lot of buffer, very high buffer, along US-1 because we want to make sure that we have visualization, that we are not creating an unsafe area for the bicyclists. So, in most of the scheme, the pedestrians are going on the other side, closer to the residential areas, for the bicyclists that are at a higher speed, and it has been designed for speeds anywhere between 12 and 20 miles an hour, are very visible from US-1. So whatever planting we do has to be low. The next slide, we're showing some of the mahogany. And these mahogany, in this particular case, are very, very close to US-1. And those are the mahogany that are actually lifting the (UNINTELLIGIBLE) path at this time and actually starting to create issues with US-1. But you can see the planting strategy. Although these plants have been taken out, not only do you have trees and shrubs that actually have the potential to develop into tree, but we also have an understory canopy. We also have, and we wanted to show you this because it's not that we're removing every tree. We understand that out of the 930 trees that we have, we are removing 278. And the removal of those trees are for various, various reasons. One of them, maybe that is a beautiful tree, but it is right, we just can't do anything with that tree. The root system is so gigantic, we remove them. But most of them are either health issues or just simply too close to the Metrorail station. But in this particular slide, we wanted to show you how we have worked the path around existing trees. We are relocating 108 trees out of the 930. But what you've seen here is exactly what there is there. You have trees and grass or soil or dirt. There's absolutely nothing else. By the time you finish, you see the same trees. Now we have the road barrier so we can protect the infrastructure and the path, but you also have all of this accompanying and enhancing landscaping that goes (UNINTELLIGIBLE) with it. So, the next thing that we wanted to talk to you was about communications. As 1 mentioned before, we have had over 100 meetings with the community. We also have surveys for each phase. And the design of each phase, we had had two public meetings, one of 35 percent, 40 percent, and the other one at 90 percent. The 35 -- the 30 and 45 percent has been to really introduce a team and to introduce the concepts that are envisioned by the designer and to really obtain information back from the community. All of their ideas, their comments, and perhaps their concerns about this. The 90 percent has been used to actually share with them how the design developed and how all of their comments and concerns were incorporated and actually answer any of the questions. Now we have added -- and obviously we were learning as we go through the process, we have, although we have two per phase, two of these meetings, now we are having an additional meeting, and this additional meeting is exclusively dedicated to discuss planning strategies and tree disposition. So, there's absolutely no surprises. We already had the first meeting with the communities for Phase 2, several communities. It happened on Wednesday, January the 16th at 6.30. We have over 72 applicants -- 72 attendees, and we got -- we tried to get as many of the questions as we could. At the end, we couldn't get to everybody, so they -- we encouraged them to submit all of their questions via email, which we received, and I believe I suggested everything we had been responded to. In addition to all of these meetings, we have construction advisories posted on the Underlines website and also on our website. We have construction signage and we have modified our approach. Now everything has a QR code, so anybody walking or wanting to get information about the project can have their scanners on their cameras and do this. And we have also implemented a pilot program, which is the new tree tagging program. And you can see, actually, as you move through it, all of the now -- the new ribbons that we're using, all of the large tracks that we have been using, and also the QR codes on them. I believe that that is what we have. And we will say, we realize, and again, we are learning as we move through the entire process, we realize that we could have done a better job communicating with the community, and these are lessons learned. So, what we need to do is learn from our downfalls and move forward with an action plan. Subsequent to that, we have created a communications plan that we're going to be putting into effect fbr Phase 3 of the Underline as soon as we can award the project. The next is -- City of Miami Page 87 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Ms. Daly: There were also questions about operations and maintenance. Friends of the Underline is a nonprofit organization. There's a second organization called the Underline Conservancy. It's a public private board that is responsible for when the county completes construction, the conservancy takes over operations. So, the security guards that you saw, the maintenance crews that you see, all of that is done through the Underline Conservancy. And it's an incredible partnership with our county partner as well as the communities that we work with. We've made a lot of friends since we've been operating the Underline. And all the programs are also run through the conservancy. Many of them are privately funded through grants, sponsorships, and other sources. And this will be -- this is the model for the Underline operations, maintenance, and programming. I believe that's the last slide we have. So of course, there was a question about advertising. Did you want to talk about signage and advertising? Ms. Hegedus: Yes, so the last point on it is -- the question was whether the Underline will have billboards and the answer to that is no. The Underline has its own, and it already was sent, all of the signage ordinance to staff It has its own extremely restrictive ordinance for signage, and it's all allowed -- what is allowed is what you see in Phase 1. It is the signage on the columns which says the Underline Metrorail station. It has informational signage that provides how to use the exercise equipment, or it provides history about the area. For example, the roads, Vizcaya is going to have some of those on the columns. Directional signage, mileage, how far have you traveled, have you run, or have you bike through the miles, but it has absolutely no billboards. So, billboards does not belong in there. Ms. Regalado: And that question came up because it was an item that came before the County Commission about expansion of our Billboard Ordinance, but that was limited to areas around the Dolphin. It specifically excluded the rapid transit zone that are Phase 1, Phase 2, and Phase 3 of the Underline. And it also specifically excluded Dadeland and all of the urban area for Dadeland that has a separate signage ordinance with Miami -Dade County. So that was just some confusion. The County actually has a very conservative signage ordinance that is based on proximity to residential housing. So, it actually makes it very difficult and we have been talking about some modifications, but we're working on that. And one thing that I wanted to mention, one of the first things that I did at the County was create municipal -- expand municipal notice. So, if we do make any changes now you all have to be notified and you have more time to take an official position on these items. I'm the County Commissioner for Phase 2 and Phase 3, so I'll also be making sure that my office is communicating everything to you all and ifyou have any questions, please by all means, you know, they're going to do a different type of outreach. I think we all have learned from this process. My office is also going to be doing outreach. We're doing some virtual, but we're also going to do some door-to-door. We really want the residents to understand what this amenity will bring and that we're doing everything in our power to make sure that it is an asset to the community and something that will build community. Chair King: Thank you. Thank you. Thank you. Does anyone have any questions? Commissioner Russell: Madam Chair? Do we need a motion or is this simply a discussion item that then releases the funding? Chair King: It depend -- it's a discussion item and it depends on the will of the body. Ms. Regalado: We would like a motion. Vice Chair Carollo: First of all, (UNINTELLIGIBLE) Commissioner Regalado, thank you very much for corning here and trying to be helpful from the County's side in City of Miami Page 88 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 helping with something that you haven't -- you know, had your full hands on. So, 1 thank you for that. Meg, 1 mean, I go way hack in having worked with your dad in huge projects, so I know what stock and what DNA you come from, which is the best. And I know that you have the best interest at heart in making this a legacy project for all of Miami -Dade County. And I thank you and your Executive Director, if I'm calling her the right title or not, I apologize. Ms. Regalado: Irene. Vice Chair Carollo: Irene. But the concern that we had originally, as I think you understand, is that there is a huge canopy that was just wiped out. We can't help it anymore, It's gone. So, I'm not going to keep hampering at that because it's not going to bring it back. My concern now is to what I'm hearing. I'm hearing oak trees and other big shade trees and so on. But -- and that sounds wonderful, even though it's going to take some time for most of them to grow to the height of what we had before and the canopy that we had. Ms. Regaldo: Gumbo limbo grows very fast. Vice Chair Carollo: Yeah, but gumbo limbos will never give you the canopy, never give you the canopy that we had before. It's a different type of tree. Ms. Regalado: But we're looking at mature live oaks is what we're looking at. So, we're not -- we're looking at getting those donated. Vice Chair Carollo: Yeah, now -- Ms. Hegedus: We instructed the designers to actually look at where we could put some of those trees that are being donated or could be donated. We identified 15 to 20 places. But now we have to go to Wellington and find out which trees are the right trees for the right place. Ms. Regalado: Right. Vice Chair Carollo: The problem with live oaks, and I love them, and places like that are appropriate, because in certain times of the year they throw this little dust, and if you have a car anywhere near there, you're going to have a problem. But it's a beautiful tree, and that area is great. They bring a lot of squirrels, which is also very good, but their roots float on top. That's why they fall down so quickly in hurricanes, and frankly, that's why you see their roots on top all the time and hitting concrete, and the others were cut down because of the roots, not just saying that, but my concern now is in the area between where US -I begins from I-95 to 17th Avenue, where all these trees were cut and the tree canopies were gone, all that I'm seeing are these everglades palm trees, and some of them are bent so much that I hate to see the first strong wind that comes, what's going to happen to them. What are we going to do there to try to bring that canopy back? Because those little palm trees aren't going to do it. Ms. Hegedus: So, one of the things -- one of the things that we could do is sit down with you and go through the planning strategy for that entire area, have the landscaping designer explain every single plant material that is going to go onto that space. And if they need to do any modifications, they need to do it now. Because obviously we're preparing the entire site at this point. Commissioner Reyes: May I suggest something now that we're becoming arborists also and landscape architects? I am -- and I have always requested in nay district, color, flowers. I am a fan of trees. City of Miami Page 89 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Vice Chair Carollo: Poinsettias. Commissioner Reyes: Poinsettias, that's right. Poinsettias are beautiful. I know they're messy also, but they are beaut f al, and there are other trees that they bloom and provide colors, vivid colors, because one thing that really has always amazed me, it is that having so much vegetation that has flowers, most of the plants that we use for landscape in Miami, I mean government landscape in Miami, in the City of Miami and Dade County, they're not flowers. There are no colors. You see everything is green, green, green, green, and 1 think that we should lighten it up a little bit. Ms. Regalado: We have butterfly gardens. Commissioner Reyes: You have what? Ms. Regalado: Butterfly, gardens. Commissioner Reyes: You have butterfly gardens. Ms. Regalado: Butterfly gardens. So, the Underline has several places where we have butterfly gardens. And that's one of the commitments that the County has made as part of like the monarch challenge. So that has lots of flowers. Commissioner Reyes: Well, that's -- that's what I would like to see. You see, this is -- this is a park. This is a park in -- Ms. Regalado: Yeah, it's a linear park. Commissioner Reyes: -- a subtropical area, and subtropical areas, they have a lot of flowers. Ms. Daly: So, Commissioner, if you remember when you took the tour -- the tour before we all went into quarantine. We thought that we would just have discreet butterfly gardens. They would only be in certain places, but butterflies are smarter than all of us, and if you put the right plants in the right place, the whole park has become a pollinator park. So, 120 acres, and the beauty about butterflies is they're attracted to color. So, all of these native plants and trees that is the palette, have flowering -- have flowers that attract butterflies. The monarchs, we almost can't keep up with the milkweed because they're very hungry, but it does grow back. And so not only will you have color in trees, you'll also have color on the ground. Commissioner Reyes: You have an aversion to royal poinsettias? Ms. Daly: Pardon me? Ms. Regalado: No, we have no issues with royal poinsettias. I'll ask the DERMguys, but I'll definitely put it on the list. Commissioner Reyes: Or bougainvilleas, you know? Ms. Daly: It's a really beautiful palette and I think it would be a good idea if we spend a few minutes, you know, going through them section by section. Commissioner Reyes: Listen, I am just giving you suggestions. It is my personal taste. Some of the people like the green and all of that, but, I mean, one thing that I love about Europe that wherever you drive, I mean, you're driving in any road, any road in Europe, and you see all the different flowers, the different colors. And even in some City of Miami Page 90 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Latin American countries, Central America, you see it. I don't see why we cannot have that here. Chair King: Excuse me, I'm sorry. Did I hear that Commissioner Carollo needs some additional information and that you will meet with him? Okay, because the hour is getting late and I don't want us to keep going. We still have quite a bit of an agenda to tackle. Ms. Regalado: Sure. Ms. Hegedus: So, what 1 would like to see, the request would be for you to actually unfreeze the funds for the Underline. Ms. Regalado: Yes. Ms. Hegedus: We can put a condition we will meet, you know, with you. We will have the landscape architects just show you the plan. Commissioner Reyes: We need a resolution to -- because we voted on freezing it. Vice Chair Carollo: That's correct. DI.3 DISCUSSION ITEM 11379 A DISCUSSION REGARDING JANUARY 5, 2022. Commissioners and Mayor rRESULT: DISCUSSED Vice Chair Carollo: 1 think we're left with PZ.14 and 15. That's your district. Chair King: Those are already passed. Vice Chair Carollo: They passed, that's right? Commissioner Russell: It was at 11. Chair King: Yes, they already passed. So, it looks like -- Vice Chair Carollo: Then we're done. Commissioner Russell:: 10 and 11? Did I miss those? Chair King: 10 and -- they're -- the applicant and they -- Vice Chair Carollo: Yeah, they withdrew. City of Miami Page 91 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 DI.4 11094 Office of the City Clerk DISCUSSION ITEM A DISCUSSION REGARDING THE ANNUAL REVIEW OF THE TERMS OF ELECTED OFFICIALS AS MEMBERS OF VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES, AND AGENCIES PURSUANT TO CITY OF MIAMI CODE SECTION 2-35. rRESULT: DISCUSSED Vice Chair Carollo: Did I put January 5th or did I put January 6th in the agenda? Pm confused now. I hear 6 so much these days, more than 5th. Commissioner Diaz de la Portilla: I think it was January 6th that you put on the agenda. Vice Chair Carollo: Mr. Manager, do we have the chief or an assistant chief from the police department? Maybe they didn't think that this was coming at this time, and I understand that, but do we have anyone from the PD (Police Department) here? Commissioner Diaz de la Portilla: I think they went to get him. Vice Chair Carollo: Okay. Manny Morales (Chief of Police): Good afternoon, Manny Morales. Vice Chair Carollo: Good afternoon, Chief how are you? Mr. Manager, can I ask the chief -- Arthur Noriega (City Manager): Have at him Vice Chair Carollo: -- any questions? Mr. Noriega: Have at him, whatever you need. Vice chair Carollo: Thank you. I appreciate it. Chief on the incident that happened on January 5th, a car accident, that one of our commissioners was in the vehicle, not driving, and when I heard and found out that there had been an accident, I was at 8th Street, in Versailles. My sergeant of arms was being asked to assist at the time. I did not know if there were injuries and to the extent of those potential injuries. All that I was told was someone was feeling their knee, and on my way, being taken home, the accident happened in my district. I passed 27th Avenue. Next street was Beacom (phonetic), that is you know on 8th Street, the minute you pass 27th, you're right on Beacom, and just to my left was the accident on 7th Street. So, I stopped by, like I think any elected official would do. First of all, whether it was an elected commissioner or not, when I see lights in my district, if there's anything going on, specifically an accident, I will go by and see. Not necessarily will I speak to anyone, if I could see myself, what's going on. But in this case, it was the City Commissioner, and it's got nothing to do whether we're best of friends or we're the worst of political enemies. It's got to do with common decency, that if one of us up here is involved in an accident and we happen to be going right by there, that we stop by to see if they're okay, if our City personnel is okay. If'others that were involved in the accidents were okay. And frankly, God was with everybody involved in that accident. Because from what I remember that I observed in both vehicles, it was a ugly accident. There was a major impact on both vehicles. So having said that, there are people that, I don't know ifI would call them anarchists. They're just bad people. I know some are being paid like they've had for a long time because they don't have any way to make a living City of Miami Page 92 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 except getting their little $200 or $500 so they could put little stories out and be trying to undermine this whole city. But it's obvious that there were individuals within the City, and I believe some, if not at least one, or more, in uniform, sworn officers, were part of the ones that try to work with others to harm this city and I don't want to hurt Commissioner Diaz de la Portilla's ego, but he wasn't by far anywhere near the top in the main target. The main target was you, Chief The second target was me. The third target was the City Attorney. And I think maybe you hit fourth. And all this commotion and lies that were put out, that 1 had called you on that day, which we both know I never called you, and that could be easily proven by any investigation; that 1 was telling commanders and supervisors there to do certain things, giving them orders, when 1 never got out of the car and any bodycam that those officers had would clearly show that I never gave any command to anyone and 1 never left the vehicle. In fact, I was there for a very short time. But you're the main target because -- Mr. Morales: Yes sir. Vice Chair Carollo: -- a handful of these people, they don't want to see you be police chief or anything in the world. They're hoping that by having created this whole brouhaha, it would buy them time so that the Manager would then be concerned about naming you permanent chief and it would buy them time to see how much more dirt and lies they could throw against you and against others in this government to try to create this anarchy that they're trying to create in hurting the City. And that was the whole reason why we've had individuals come up with such lies. So having said that, my purpose of putting this in the agenda is twofold. One, Chief I want to see as quickly as it could be possible, and not a day after, reports of the accident be made public, all the cam recorders, video that were taken, made public. Because this City's got nothing to hide. I have nothing to hide. I don't think that anybody that was there has anything to hide. Justfrom what I saw there was nothing to hide. And at the same time, once you're able to, I would like to see an internal affairs investigation on anyone that would have violated many of our different internal rules and regulations in the police department and in the city as a whole. Because you cannot have this kind of actions. My God, an elected official is involved in a car accident where he could have been hurt very badly. Thank God he wasn't, nor the driver, nor any other passenger and it wasn't their fault. They weren't even driving. And all these lies are created and being thrown out, and all kinds of false stories are being put out, which is, you know, Chief I'll be honest with you. How can any of us feel at ease if we're out anywhere in our city and with a handful of these guys, and we don't even know who they are and their little clique, that are upset because they were going to be in the in when that other guy was around, and they're not anymore because he's not around and he ain't [sic] coming back, no matter what they think. And we're involved, God forbid, in any kind of incident out there and we're going to have people that workfor us that instead of coming to assist like they would any normal resident, instead are going to come to see how they can hurt and defame any of us. So, this is something that is totally unacceptable in any American city or in any democracy and I want you to be very clear that the minute any kind of investigation that's been conducted on this is finished, I personally want to file a complaint with Internal Affairs and with the City Manager to see what other avenues we have through civil service or any other within our city government to get to the bottom line of quite a few things that I won't get into it here I don't want those boys trying to do away with evidence. But one, Chief I'm asking publicly for any reports, any bodycams that recorded video, people speaking, to be made public as soon as you possibly could do that. And two, once everything is finalized, I want an internal investigation. And that's all that I really have to say, Chief on this. Mr. Morales: So, Commissioner, as you mentioned, our Internal Affairs is working very closely with the State Attorney's Office and FDLE (Florida Department of Law Enforcement) to expedite the investigation. As you mentioned, I won't be able to get City of Miami Page 93 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 into any details. 1 anz the principal in that investigation, and nobody other than myself is looking forward more to the conclusion and the details of the investigation to be made public. So not only the details can come to light, but also for my name to be clear of all the allegations. Vice Chair Carollo: But Chief; why are you a principal? Because an anonymous e- mail is sent out, and the one that publishes is a seven -time convicted felon in three states that is the biggest pay -for -play blogger, Twitter account holder, in the State of Florida, that claimed that 1 called you and there was some conspiracy of some sort between you and I to keep people's name from a report, a police report. 1 mean, nzy God, what are we coming to? But if1 would want to give any kind of report to some of these same agencies, they would want me to go under oath. They would want me to swear on 20 Bibles, be interviewed in all kinds of different ways that -- and you get some mental, sick jerk sitting from his home that's got nothing else to do with his time, outside of Making his medication, and they send an anonymous complaint, lying and defaming, and all of a sudden that takes attention. You know, I'm really flabbergasted what our city and our process has come to here. But 1 think I've been, without anyone being able to say that I've done anything to breach the integrity of the investigation, I've been clear enough in my statements. And, you know, Mr. Manager, is there anything else that you will require from me for the request that I made of when this is all done, for this to be fully investigated? Mr. Noriega: No, no, it's very clear. The Chief understands. He and I have had conversations about this as well. So, once we are clear of the investigation and the opportunity to do our own internal -- have our own internal process, we will begin to do so immediately. DI.5 DISCUSSION ITEM 11380 Commissioners and Mayor A DISCUSSION REGARDING THE STATUS OF COMMISSION ORDINANCES AND RESOLUTIONS ON HOMELESSNESS. RESULT: DISCUSSED Chair King: Would you like to take up DI.5 now? Vice Chair Carollo: Yes, I would, as we're waiting for Commissioner Regalado to arrive. Let me go in DI.5, and Mr. Manager, who else do we have that can assist you from the homeless issues that we've been speaking about for some time? Arthur Noriega (City Manager): So we have obviously our Human Services Department as well as Police, which have both been actively involved in addressing the issue and are available for a update as well as any -- to answer any questions you may have. Vice Chair Carollo: Okay. Let me go first, because Mr. Manager, I want you, I want our directors and police chief and our residents to be able to see everything that this commission has been doing for some time in tiying to resolve the homeless situation in Miami in the way that we have it. Let me begin by reading ordinance and resolutions that have been passed by this body. Ordinance 13907, it was sponsored by Commissioner Reyes and myself, amending Chapter 25, creating Article 2, large group feedings and regulations for street and public large group feedings. Ordinance 14032, sponsored by me, Prohibition of Encampments on Public Property Providing Penalties. Resolution R21-0160, sponsored by Commissioner Carollo, directing the City Manager to have coordination and frequency among City of Miami departments to facilitate bi-weekly cleanings of areas considered to be hotspots of recurring City of Miami Page 94 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 homeless encampments for purpose of improving cleanliness of streets and sidewalks. Resolution R21-0194, sponsored by Commissioner Reyes, implement training programs for Miami PD (Police Department) to provide instruction center in the guidelines set forth in the International Chiefs of Police publication, practice in modern police -- in modern policing in vulnerable populations in order to improve upon how the Miami Police Department responds to calls for service relating to City's homeless populations. Resolution R21-0372, sponsored by Commissioner Carollo, directing City Manager to enhance coordination among City departments to do cleanings at certain known hotspots locations for recurring homeless encampments with the purpose of improving cleanliness of City streets and sidewalks. Resolution R21-0373, sponsored by Commissioner Carollo, directed the City Manager to designate an area in the city providing for permitting temporary encampments or other shelter options for homeless individuals. Resolution R21-0379, directing City Manager to request that Miami Police Department district commanders place emphasis on homeless issues particular to each district, and endeavor to secure available shelter or alternative housing arrangements for homeless persons. Direct City Manager to take all lawful action to prevent health hazards in the city caused by encampments of homeless communities on sidewalks. Resolution R21-0457, sponsor, Commissioner Carollo, directing City Manager to establish and adopt or sponsor a homeless person assistance program to provide aid to homeowners in the City of. Miami that are willing to assist the local homeless population by welcoming a homeless individual into their homes, to live with them by providing bed, daily essentials such as food, water, electricity, and other necessities, also directing Manager to review all options to obtain grants from Miami -Dade County Homeless Trust or other similar agencies to provide reimbursement to participants of the program on an as -need basis. Now all these ordinance or resolutions were approved, I believe, unanimously by all of us. Certainly, the bulk of them were at the very minimum four -fifth votes. And as you can see, this is a lot that this commission has approved to try to give our city the tools to go out there and improve the situation, not just for the homeless individuals, but for our residents that are not homeless also. And I'm sorry that I had to go through so many of these, but it's important for the Administration to hear them and to understand that look, this is not just one or two things that we've been putting out there. This is a total of eight different resolutions or ordinances that we have placed, and this commission has approved, in recent months. So I'd like to get an update from the Administration as to what is it doing in trying to move forward in a humane way, to take homeless off of the streets, to help them with drug addiction, mental problems, trying to help them get jobs, get them into shelters or hotels, and what areas are we going into that we're cleaning, as we requested, on a continuous basis. I'm getting concerned that I'm seeing more homeless in different areas. For instance, the new bridge in my district that goes into downtown, by the river, we have numerous homeless now that are underneath that bridge. I was just speaking to the secretary of FDOT (Florida Department of Transportation) yesterday, and they are in agreement that they shouldn't be there. It's a State law that does not allow anyone to camp under those bridges. But they're camping there, they've got tents. I don't see anything happening. And I'm getting letters, we're getting calls from the neighbors, and the ones that are looking worse and worse are us sitting up here. We're trying to do everything we can, but we don't have the authority to go out there and give orders and direct any of our personnel to do anything. You all do. So, I'd just like to be given an update, or the Commission to hear an update, as to what have we been doing since all these resolutions and ordinances have been approved. William Porro: Thank you, Commissioner, William Porro, Director of Human Services. We were prepared to do that, Chief and I. So, Chief, if you'd like to start, and we were going to go directly to each resolution and the status of each one right now. City of Miami Page 95 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Manny Morales: So, Manny Morales, Interim Chief, if we could just -- well, you want to go down by resolution, by the date, 13907, which is the feedings, and well give you an update on each of the resolutions as they've come. Vice Chair Carollo: Anyway you like, Chief Mr. Morales: Okay, so let's -- Vice Chair Carollo: And look -- Mr. Porro: We'll do the feeding first? Mr. Morales: Go ahead and do the 13907. Vice Chair Carollo: I want both of you and the Manager to understand this. This is not a discussion that we just want to beat upon you. Mr. Porro: I understand. Vice Chair Carollo: We want to see what has been accomplished and then how we can proceed in the best and quickest way from here on. Mr. Morales: Absolutely. Mr. Porro: Thank you, sir. Let me reference Ordinance Number 13907, which is the large group feedings, which should be on your screens. I was able to place about 100 signs throughout the City -- more than 100 signs throughout the City, when this was -- after it was enacted. The majority of the permits that we've been receiving between August 2021 to now has been 208 permits. The good news is that individuals and entities have been abiding by the ordinance. So, I've heard from others that the cleanliness has been contained and controlled. We drill into every person that sends in a permit when we send it back to them in red letters and throughout the guidelines that they have to pick up after themselves in the feeding distribution. So, out of the 208 in that period of time, 164 have been issued. The difference of the 44 is really just individuals or the entity picking a date or a parking lot that is already chosen by somebody else. So, they're not permitted because we do one per entity per week. The lot that is mostly used, these are MPA (Miami Parking Authority) lots, is lot 15, which is located on Southwest 1st Street and 2nd Avenue. You will obviously notice that wherever there are these group feedings, the homeless will congregate more or less in the area. It's obvious, right? That's where they're going to get their next meal. Believe it or not, in estimates -- we estimate in this, these 164 have approximately distributed over 15,000 meals to these individuals. In terms of permit violations, the other good news is that everybody, is abiding. We've only done three in the period of time. One is being appealed and two paid the fee. So, the top organizations I have, I know you can't see it there, but I can send it to your office right after this. The top organizations are Hope for the Homeless, you have Hermanos de la Calle, Lights of Kindness, Jesse (UNINTELLIGIBLE), One World, One Heart, which I spoke to the other day. Those group of six individuals are the ones that use the feedings the most. So, it's working, Commissioners. We, again pound on them constantly that they need to clean after themselves and they need to be doing that, and working with MPA, they basically said, don't bring -- which is counterintuitive, don't bring the trash bins because they'll just get overflowed and so forth. So, to avoid that, we haven't done that. MPA told us not to do that. So, they've been cleaning after themselves and also when we deal with the organizations, MPA is very -- has my phone number, my email and says to me, "Hey Willie, this is getting out of hand." They would immediately tell me. Fortunately, I haven't received one of those calls, but as soon as it does, we'll know who it was the day before and we'll again not allow them to do that anymore. So that City of Miami Page 96 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 is the ordinance. In reference to R21-0372, which is enhanced coordination and cleanings of three times a week, this is really something that has never been done before. Chief and I --1 brought Chief an idea of having a phone application that they -- we can have on our phones on both Android and iOS, basically to provide you all and Administration, real-time activity of the cleanups on a daily basis. It's a very simple application. It's there now if you wanted to download it. We want to provide authorized access to be able to use it and to see the information is there. So, it's not for everybody. This is not a public type of thing. This is just for authorized individuals. And what it does is it allows, again, cleanup scheduling. In the dashboard, you'll see by percentage, by district, how many placements, how many cleanups have been done, total cleanups, and then the next scheduled cleanup. So, it's just a very simple application, but I think it's, nobody else has something like this, so it's a way of having less administrative and having more of the activity being done. It'll also have before and after pictures included as well, so you can actually see it. Mr. Morales: IfI could on this one real quick. Mr. Porro: Yes. Mr. Morales: Commissioners, the ones that we had initially, the 160 that directed us to do cleanings twice a week, that was back in, I believe in April. So as you can recall, in August of 2021, we put together the concept that we have been working for a little bit of the Homeless Empowerment Assistance Team, or the HEAT team, right, which is a task force where police, homeless outreach, and our brothers and sisters of Solid Waste come together each and every day, 40 hours a week, and we hit the top locations that have been identified. That's how we're able to meet the two times a week. And just to give you an idea of some of the results that we've gotten. Since its inception in August of '21, we visited over 300 locations, made over 500 placements, and I think that's -- what's a little bit more astonishing is that we've picked up nearly 30 tons of trash and garbage from all these encampments. So, 211,000 gallons of water and about 40 gallons of bleach and or Pine -Sol. We kind of switch it around a little bit to kind of disinfect and ensure that public health is made a priority. Vice Chair Carollo: Can I ask you to hold off for one second, Chief? Mr. Manager, can you get for us from Solid Waste what it costs the City of Miami to dispose of those 30 tons of waste and I guess that's going to include furniture and what have you, from Miami -Dade County, or the people they're in contract with, so that we can put in perspective just how much this is costing us beyond everything you're hearing. Mr. Morales: And I saw that Director Wade is gone from Solid Waste. He's going to go get you those numbers, but what we're kind of talking about, the sites that we have been visiting, we've kind of spread throughout the City. District 1 has seen 33 locations. District 2, 26. District 3, 29. District 4, just one. We're working on getting you some extra locations. And the bulk of the locations that have been visited were on District 5, where we have seen the issues that we were having, not only by 395, but if you concentrate on 10 and 11 Street by the historic Black precinct and courthouse, we're having quite the issue under the bridge, so we focused a lot of our efforts there. Vice Chair Carollo: Could those locations in my district be sent to me when you can Chief Mr. Morales: The locations that we have -- Vice Chair Carollo: I don't need them now. Mr. Morales: Okay. City of Miami Page 97 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Vice Chair Carollo: Just send it to my office so I could go over them okay? Mr. Morales: Okay. Yes sir. Vice Chair Carollo: Thank you. Mr. Morales: You want to -- Mr. Porro: I -- you tell me. Mr. Morales: Yeah, 1 can't see that nian, go for it. Mr. Porro: I'm sorry. That's the heat location visited by police in that area -- by that area. It's also broken out, Allapattah, 27, Brickell, the Roads, 15, I won't go through all of them, Overtown, it's 113 in terms of net areas for a total of 289 obviously. These are the placements of the individuals by commission district. In District I, we have 50 placements, 54 in 2, in 3 we have 11, 2 in 4, and 397 in District 5 for a total of 514 placements of homeless. These are the placements broken out in -- by net area. And again, I will send all copies of this presentation to your offices. Non -HEAT placements, I don 't know Chief if you want to explain the non -HEAT placement, what that is compared to -- Mr. Morales: So, those are the ones that are done after hours by non -HEAT members, just regular officers that are calling in the assistance of the outreach at off hours. And we've been able to place them at weekends and at the time that the HEAT team's not in. And as Director Porro moves back and forth through the details, I'd just like to address some of the other resolutions. The one that Commissioner Reyes just put in, we didn't forget you with the IACP (International Association of Chiefs of Police), the publication of the Practice of Modern Policing of Vulnerable Populations, the recommendations made in the 2018 report of building multidisciplinary, coalition, embracing alternatives to arrest, assigning the proper resources, appointing passionate police personnel, community -- improving community perception, use of crisis intervention techniques, leveraging education to engender empathy and generate long-term support for the program. I think the HEAT team encompasses all that. When we put together that team that we recently augmented by a sergeant in three (phonetic), when we kind of combined it with our environmental crimes, we saw that there was a crossover. As we're dealing with the homelessness issue, you see these camps -- encampments getting cleaned one day, and the very next day you see large items again, couches, drawers, mattresses. So, it goes hand in hand with illegal dumping. So, we put together our specially trained investigators from environmental crimes, put them on the streets, and they're helping our homeless team identify where all this large amount of trash that's costing the City. I'm sure I'll pretty penny when Director Wade comes over to kind of identify a little bit better and help enhance the prosecution of those individuals. Vice Chair Carollo: But how is all that furniture, I mean this is heavy furniture in many cases. Mr. Morales: Yes. Vice Chair Carollo: How is it getting out there -- Mr. Morales: Illegal dumping. Vice Chair Carollo: -- on the sidewalks? City of Miami Page 98 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Mr. Morales: Folks under the false umbrella of assisting the homeless and trying to bring comfort, but in reality, what they're doing is they're disposing of unwanted items in their home. Not every city has weekly bulk pickup as the City of Miami does, so it is used as an alternative to get rid of large items from individuals we suspect are coming from other jurisdictions. So, we are encompassing all those principles or recommendations in the 2018 report by IACP, and they have all been encapsulated into our HEAT team. They're all crisis intervention trained, and today I want to say that RE. 4 was a 21-22 COPS (Community, Oriented Policing Services) grant that the Commission accepted and passed, that will bring an additional 15 officers that will increase our numbers of having at least six -day coverage of the HEAT team. We're working closely with our folks over not only at outreach, but the most important component as you saw by the volume of the trash that we're picking is our folks at Solid Waste. We need to make sure that we have the bucket truck, the claw, the sweeper, and the water truck out there to be effective, and increasing the frequency is our target goal once we get these officers on board. Vice Chair Carollo: Chief one of the biggest problems that I believe we're having out there are drugs. And we've been seeing, and particularly the area along the river, the area under bridges, large amounts of needles, needle caps, et cetera. What have you all found as you do these cleanups? Have you found evidence of drugs through needles, needle caps, other -- Mr. Morales: I wish 1 would have included in the presentation, Commissioner, but yes, we're seeing a large amount of drug paraphernalia that goes along with it, so it's kind of combined. Since the inception, we have really, one of the principles of the IACP report is to have the empathy, right? So, we are really concentrating on bringing assistance to these folks. The vast majority, I believe, of the 33 arrests that were conducted by the HEAT team in the period of time that they've been operating, the seven months, have been for narcotics or warrants, bench and felony warrants that are related to narcotics. Vice Chair Carollo: And how many of those people are from other areas outside of the City of Miami? Mr. Morales: I know the vast majority are transient that don't have a city address, previous to their current status as people without homes. But in addition, we're not only seeking to arrest, if you look at the disparity, I know that there's been a little bit of a narrative outside of this chamber put forth that we're trying to criminalize homelessness, and that's -- that's not the idea here. The idea is to bring service. If you look at the HEAT stats, for 875 contacts that we've done, only 33 folks have gone to jail. Now, we also have -- we realize that some of those folks are in need, right, so those individuals that we're able to identify that qualify under our opioid diversion program, we have a partnership with Jackson Behavioral Health where we can refer you for long-term treatment. So, you sign a contract in lieu of going to jail where you can get treatment. So, our ultimate aim is not to put everybody in jail. We've discussed this here. Vice Chair Carollo: Of course. Of course. Mr. Morales: We're never going to criminalize homelessness. We do address criminal behavior that is being done by folks without homes, but that's not our main priority That's not our main target. Our main target is to get them into the continuum of care and help these folks get back on track. Vice Chair Carollo: Absolutely. Mr. Morales: I think our Solid Waste director has a figure. for you. City of Miami Page 99 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Mr. Porro: I'm sorry, sir. Wade Sanders (Director, Solid Waste): Madam Chair, Vice Chair, and Commissioners, the cost for disposal is $66.12 per ton. Since the inception, the total cost is $2, 975.40 for disposal for the homeless cleanup. Vice Chair Carollo: What does it run per ton? Mr. Sanders: $66.12. Vice Chair Carollo: Okay. Mr. Sanders: Okay? Vice Chair Carollo: Thank you. Mr. Sanders: You're welcome, sir. Commissioner Reyes: May I ask a question? Chief. Mr. Morales: Yes? Commissioner Reyes: Remember we have talked about particularly in Downtown Miami -- Mr. Morales: Yes. Commissioner Reyes: -- different drug deals that they are right on the open, you can just -- being stopped at a light, you can witness different individuals that they act like if they were homeless, but they are just dealers. Mr. Morales: Yes. Commissioner Reyes: How many -- I mean, you told me that you were starting an undercover -- Mr. Morales: Correct. Commissioner Reyes: -- unit in Downtown Miami. How many dealers have you been able to -- Mr. Morales: So, I can get you the number of -- for sale, I don't have that broken down. I have the number of drug -related arrests since the beginning of the year in Downtown is 18 and in Overtown 22. So, we're kind of getting into that core and looking for the dealers. Commissioner Reyes: I would like to go more is after the dealer than the user. Mr. Morales: Okay. Commissioner Reyes: The user needs assistance, he needs help. But we have to go out against the dealers. Mr. Morales: Okay. City of Miami Page 100 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Commissioner Reyes: You see, they should know that they are in danger of being arrested. I don't know what the State Attorney is doing, or the judges are doing, but at least make them know that if you go into our city, in certain areas of our city, and you are going to be dealing drugs, you have a great probability of being arrested. Mr. Morales: So, I'm looking at our stats. I know we have one arrest for trafficking in methamphetamine, one arrest for armed trafficking and cocaine, and I don't see any other ones for sale, but this is just as the beginning of the year. I'll get you our 2021 numbers. I know that we did 26 drug -related search warrants that aided the department take off the streets, a large amount of narcotics. Commissioner Reyes: Yes. Mr. Morales: 1 know we took some off of -- had a large drug bust the other day, not related to Downtown, but in the Flagami Trailer Park, where Commander Ferrer is doing a phenomenal job assisting us. But I'll get you those numbers. And that kind of goes hand -in -hand, the search warrants, with over a thousand guns we took off the streets last year. Commissioner Reyes: The only thing that 1 want is to keep the aggressiveness, to go aggressively against those drug dealers and trying to run them out of our city. Mr. Morales: Yes, sir. 1'll get you those numbers, too. And the total amount of narcotics taken off Mr. Porro: Commissioner, ifI may, just regarding resolution R21-0373, which is designate an area of permitted temporary encampments and also Ordinance 14032, prohibited encampments. This to me has been the most challenging part of the homeless issue, only because finding the right location with the right attributes that we need, such as I put there on the screen, that it's free or low cost, that it has a minimal NIMBY, Not In My Backyard resistance, that it's large enough to encompass 100 to 150 individuals, that it contain auxiliary services for the nonprofit, for restrooms, and a common area and all these things. It would also have what I consider minimal rehab, or prepping of the place, so we don't cause, you know, invest a fortune to do it. And then ideally, because it's South Florida, my heart goes out to anybody that's in a tent in the middle of the sun in June, July, and August here. They'll fry like a fried egg, but being exposed to the elements is obviously a key thing. I've briefed your individual staffs on options and on some potential locations. I've talked to anybody and anybody that is a national leader in this realm. They basically have told me in different ways to create core groups within -- if we were to do this type of area, that we create little clusters, if you will, of 30 to 50 people so they have their own community. They have this really in the streets when they're on a sidewalk, they all cluster together and that's their group and that group doesn't associate with the group on another street. I mean, they keep to themselves. There are examples, many of them consider themselves tiny villages, tiny homes. There's a variety of different ways that they look at it. The main ones I share with on the screen that I've actually spoken to these individuals, Square One Villages in Eugene, Oregon. There's Hope of the Valley in California. And you have probably one of the most amazing ones is LEHI org, which is Low Income Housing Institute. Sharon Lee, who's a star in this, and they create tiny homes throughout. They have over 10 sites, I mean huge sites throughout Washington State. So, I share with you some of the examples of what these tiny villages, if you want to call them, we don't want to call them tent cities, and we want to try to avoid them creating that in any way, shape, or form. My initial thought when I first delved into this was to create, these are cot tents that are off the ground jroobvious reasons here in South Florida. The tiny homes to the right top is the most predominant example of this type of housing. They're 100 to 120 square. feet. It's literally the size of a shelter. They're not considered dwellings. You can literally pick City of Miami Page 101 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 them up with a forklift and move them, so they're not considered dwellings. I've checked into our Code. There's nothing that -- and just speaking briefly on it, that there is anything that would preclude us from doing something like this. Commissioner Diaz de la Portilla: IfI may. Mr. Porro: Yes. Commissioner Diaz de la Portilla: What are they made out of? Mr. Porro: These are -- the ones to the top left are actually little tiny homes made out of wood and 2x4s. Commissioner Diaz de la Portilla: Wood. Mr. Porro: Yeah, they have ventilation, they're -- if you notice there, it's on gravel ground. As long as it's pretty level, you can connect them with AC -- electricity. They're the most appealing in terms of visually, for obvious reasons. If you can't see it in that photo, butt can send it to you. It's surrounded in a residential area. There's a bank down the street from it, a church. So visually, they're all different colors and so forth. The other one that's quite unique, which is coming up on the ranks, is this Shelter 64. I was able to see it at the recent disaster expo that was here in Mianai Beach, and 1 wanted to go there specifically to see all of these different shelter options. There's a bunch of them. A lot of them are done out of the -- those shipping containers. So this particular one is called Shelter 64. It's 64 square feet. Vice Chair Carollo: How many square feet? Mr. Porro: 64, sir. And they have one that even goes up to 150 mile an hour winds. This is put up with two people and an impact drill, and you can put it together. Versus the top right one that takes a little bit more, you know, nailing and cutting and so forth so. Vice Chair Carollo: And these Shelter 64 are made out of what exactly? Mr. Porro: It's a laminate. They're insulated in between it like some type of Styrofoam. So, they're insulated and keep the cold air. Many of these places have much more cooler weather than we do, so -- Vice Chair Carollo: Well -- Mr. Porro: They come with ACs and heaters. Vice Chair Carollo: -- let me say this to you. Mr. Porro: Yes sir. Vice Chair Carollo: I have looked at from Washington, Seattle, California, Colorado, Texas, you name it, everything that's out there. My initial question, you're answering it, but I'm not so sure that you're 100 percent accurate because tiny homes, I will tell you, I could have tiny homes built in one day, and quite a few of them. The question is, do you want to make something that is going to be more lasting, and if you do then I would suggest that we pour some concrete into the ground, so you could then screw the concept of the tiny homes that think will work best, especially down here, but 64 square feet, it's tight. You need something that is going to be approximately in the area of 100 square feet. Now the other question is, which is what we have to talk City of Miami Page 102 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 about, do any of these tiny homes here that you looked at, do they have bathrooms inside? Do they have showers? Mr. Porro: They do not. None of them do. Yes. Vice Chair Carollo: Well, I can tell you that we can put a shower, a sink, and a toilet in a hundred square foot tiny home so that everyone has that there. I'm going to show you three models that I worked on, and these are fairly strong. They should be able to withstand 150 miles winds, they will be 10 to 15 degrees cooler than any other material out there, they will also be, in winter, 10 or 15 degrees warmer than any other material out there. They're termite proof because there's nothing that it's built from that termites can get into it. And they're also basically soundproof. What -- Mr. Porro: If7 -- I'm sorry, Commissioner, go ahead. Vice Chair Carollo: The -- since you're not going to have a lot of requirements for electricity, what I would like to see is that we put solar energy on them so that they could be self-sufficient and it could be cheaper at the end. This is where maybe Florida Power and Light might want to come in and partner with us on that aspect of it, of putting solar there so we don't have to carry electricity to it and that's a different aspect. The plumbing is one that is a little more challenging, but not really because you get your bigger pipes, you connect them all through it. And I don't know what Code says, but you can carry them above ground or underground, which is the best way of doing it, but it depends where we put these at. Mr. Porro: Yes sir. Vice Chair Carollo: I think you have to have at least three different sizes. Why, do I say that? Because many of the places that I've mentioned, the cities, they end up, and if you're going to have people that have mental problems, drug problems that are the ones that you think you might be able to save, then you need them there for longer than a few days, longer than a few weeks. But all of them, basically, get a Social Security check. So, what all these states and cities do, they make them pay a minimum amount, whether it's $250, $300 a month -- Mr. Porro: Yes sir. Vice Chair Carollo: -- something that goes towards it when they're going to stay there longer. Now, for a single person, if you're going to stay there longer, then something in the area of 140+ square feet is more comfortable, more than a very, tiny house. And if you have a couple, something closer in the range of 200 square feet would be appropriate. So, these are the three sizes that I'm looking at in doing. And we could put a community of 50 in fairly quick, in a couple of weeks, we could do it. Now we're going to need, and this is another part of the discussion, we're going to need people from the mental health side, that we're going to have to get partners for that. Mr. Porro: Yes, sir. Vice Chair Carollo: Maybe out of all the millions of dollars we gave different organizations, they could come in and do it now. That's the money that was approved recently I'm talking about. We're going to need people that know how to deal with severe addiction, and then people that can do training to get some of the individuals retrained for going into the job market again. And certainly, you need security. So, we're going to need to build at least one place or two that will accommodate some of the workers that are going to have to be there. Then we're going to have to have one place that's going to be a kitchen. And then maybe one small area, people could wash their clothes and what have you. So, you know, we're a few months away of being able City of Miami Page 103 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 to put, I think, a whole plan together on this, hut it could he done quickly. And I think it's going to stop the excuses that 1 have a right to put a tent anywhere I want and stay there and block the streets and urinate in the streets and what have you. Because we're going to have secure and safe, warm places, or cool in the summer, for anybody that doesn't want to be in the street. The only question that 1 have is, the more you throw in, the more expensive everything gets. Mr. Porro: Yes, sir. If I may, I went as far -- this last one that's there is probably one of the newest ones. It's called LifeArc. Vice Chair Carollo: Which one? Mr. Porro: It literally comes together like a Lego set. Vice Chair Carollo: You're saying the one in the middle here? Mr. Porro: The one to the bottom right. Vice Chair Carollo: Yeah. Mr. Porro: It is super insulated, it is amazing, without going into too many details. It's actually approved in California as a building material. Vice Chair Carollo: How much does this cost? Mr. Porro: That one there, you're looking at about $9,000. Vice Chair Carollo_: How much? Mr. Porro: $9,000. Vice Chair Carollo: $9,000. How many square feet? Mr. Porro: That is about a 100 and -- a little over a 100, 110, I think. Vice Chair Carollo: Does it have bathrooms? Mr. Porro: It does not, but it can. Vice Chair Carollo: Well -- Mr. Porro: Let me show you, if I may -- Vice Chair Carollo: Yeah. Mr. Porro: -- because we're talking -- Vice Chair Carollo: But bathrooms, I'm going to tell you what, a bathroom is going to run you. It's going to run you approximately $1,000 more to put in. That's what it's going to cost between your sink to wash your hands, your toilet, your small shower, the cost of the plumber that you've got to pay to put in, the plumbing material, and everything else. It's going to be at least another thousand, thousand plus dollars. Something that size, a lot stronger, we could get it done for about $3, 000. Mr. Porro: Okay. City of Miami Page 104 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Vice Chair Carollo: And that's with concrete in the bottom. That'll probably run you another $250. Mr. Porro: I went as far just going this to visualize it for you all, the size of how something like this would look, with a little bit ofparking, some congregant areas, a place for a toilet and showers. I wasn't envisioning, obviously to keep the cost down, them having their own individual toilet and stuff. So, it was to have a nice area, to not make it, I guess, as harsh as that may sound, too comfortable for them to be there, but at the same time, it's a transitional type zone, so it's not forever. It's to stabilize them. The gentleman who did LifeArc was kind enough, he's an architect by nature, and he created this. This particular site is about 1.5 acres, about 60,000+ square feet if I'm not mistaken, and you can fit 144 people there. Again, I wanted you to see how far I've tried to take it to, but we need a location. The location is key. Vice Chair Carollo: I had given one here before that I knew that at the end everybody would see my way, because I knew what was going to happen is that everybody wanted us to take care of the solution, but the minute we were going to put it anywhere near them, not in my backyard. So, I think that we're going to be left with the one that I originally said. Mr. Porro: Yes sir. Vice Chair Carollo: And you're going to be surprised, people that are miles away are still going to be screaming about it. But that's the only way that I think it will work, and it's going to be a humane way of dealing with it, and at the same time, it's going to be a much cheaper way for us, the millions and millions we're spending now. And I know the numbers range from the 9,000 or so that you just mentioned to me to as much as twenty plus thousand, depending on what kind of this tiny home you want. But for one that will be right around 100 square feet, we could do it right, cheaply. You could do it for $3,000, more or less, without the bathroom facilities. If you want to put bathrooms, now you're going to be looking at another $1, 000 to $1,500 more. But look, even if we pay $5,000 for a small, tiny house. That's cheaper than anywhere else in the country, and at the same time, it's cheaper than the millions and millions that it's costing us. And it's going to help in a major way resolve the situation. Mr. Porro: Yes sir. Vice Chair Carollo: Now, those that want to keep using drugs, that want to keep buying drugs, that are not going to be able to do it there, they're not going to want to be there. And that's going to be a hefty percentage because we've seen it already. But now they're not going to have the excuse that, hey, I could put my tent anywhere I want to, and block streets, block sidewalks, go under bridges, it's illegal already, and you can't do anything to me because I have a right, because you can't, find a place for me to go in a shelter. And I don't know what more the city would be able to do then, but I think we're anywhere from three to six months away in corning with something concrete. And I'm glad that you're heading this way because outside of going to a much less comfortable scenario where you put tents and so on, this is the way to go. And frankly, going with the tents is much, much cheaper, but I don't think there'll be a court in America that could object to us doing something like this. Mr. Porro: I agree. Vice Chair Carollo: That's been proven in other parts of the country already. The only thing is that what we're going to give them is going to be better than in any other city or state in the country. Mr. Porro: Yes, sir. City of Miami Page 105 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Commissioner Diaz de la Portilla: Commissioner, what --1 mean, Madam Chair, what cities have you looked at? Which of the cities that gave you the best example of them doing it the right way? Because I like to research it myself. Vice Chair Carollo: Commissioner, there's scores of them. There is no right way or no bad way. What it comes down to is on cost. And I don't think we have to spend the kind of money, because I'm going to tell you guys now, I don't want this to be another gravy train that people are just filling their pockets up and making huge monies and building houses for the homeless now. I want to keep everything at bare minimum so we could build it. But you have in Seattle, you have in Washington State, L.A. has, even Austin has. Commissioner Diaz de la Portilla: Austin? Vice Chair Carollo: Yeah, in Colorado there's. There's different types, different ways, but they're all expensive. They're all expensive because people are making money in it. Now look, I'm not saying that if we contract it out to X factory to produce something like this for us, that they're not going to make a reasonable profit. But, you know, I think we could do that and keep it at a minimum cost like I'm saying, and I think for a lot of this, we could find volunteers. For instance, I'm going to go further. What you're showing me here doesn't meet the national or state requirements on insulation. Mr. Porro: That's correct. Vice Chair Carollo: None of these tiny homes do. What I'm talking about in the price range that I'm talking about, we'd meet it. You'l1 have a roof that would have eight inches thick, which is what you need for South Florida, where you have walls that are going to be six inches thick. Now, if I'm going to be told that we don't have to do that, you could save a lot of money. If I could go with 4 inches roof and 4 inches wall, they're going to be, you know, 90 percent just as comfortable, but we're going to save, you know, close to half the money in that if we don't have to go with all that extra type of insulation on the panels and walls. If I don't have to make them fully fireproof it's a tremendous amount of more money that we save because I don't have to put in these, the almost three-quarters inch, neck wide, one -hour fireproof sheetrock. So, there's a lot of ways that we could cut the price on them, but look, Pm not a general contractor, we're going to need an Ace to walk us through on what, for temporary, if we call this, I don't know what we can call it. The people that told you that this would be legal here like this, was based on what? Because it's temporary, or not, or what exactly? Mr. Porro: Because it's temporary, it's not considered a dwelling. All of them have done it. The one like the Lady Sharon Lee in Lehigh Acres -- Lehigh in Washington State, they purposely do not make them a particular size. They're not drilled into the ground just so they're not considered dwellings. Vice Chair Carollo: Okay, so for it to be temporary, you can't drill to the ground. Mr. Porro: Correct. You could just place it there on a pad if you want, but as long as we don't hook it to the ground and -- Vice Chair Carollo: That's fine. We could do it in different ways. We could have pads that are either thick wood or metal, and then if hurricanes come, we could strap them down, but they're not going to go anywhere. Mr. Porro: You could. City of Miami Page 106 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Vice Chair Carollo: But the ideal way would he screwing right into the ground -- Mr. Porro: Yes sir. Vice Chair Carollo: -- and if that means that we've got to go with the extra 8-inch roofs and 6-inch walls, I'd rather do it the right way where they're going to be just as strong as any new house that's built and we can still keep the prices way down. Chair King: Commissioner, Commissioner Manolo would like to say something. Vice Chair Carollo: Certainly. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla was asking an example of what is going on, and the ones that come to my mind is the housing first philosophy that has been one of the models that -- particularly in Seattle, Washington, that they want to -- they're trying to get people out of the streets by housing them in transitional housing and this is what this is going to be. While they are being treated and they are being re-educated and then they will move into permanent housing. Mr. Porro: Yes. Commissioner Reyes: Now, my question is the following. We are talking about different means of the type of construction and all of that. Do you have a budget? I mean, if we are going to do this, what we need is a budget, that a budget will include construction, maintenance, and what is the difference -- different cost between having an inside plumbing, like bathroom and all of that, or having a communal. I mean, and what would be the benefits, one over the other, if there have been any study made on it. I would like to see that. I would like to see if we are going to go into this type of -- housing has to be a transitional and in order to get into it, it has to go through a process that that process the persons that are moving in here knows that it is going to be transitional, and they have to comply with certain requirements. It's not going to be a permanent housing because we don't want to make it attractive for other people to come and say, oh, you see, let's go to Miami, they are providing housing, and we don't have anything to do. It's transitional based on a program and it's an educational and a rehab program that has to be followed. Vice Chair Carollo: You're absolutely correct, Commissioner. Commissioner Reyes: That's what I want to see. I want to see that. Vice Chair Carollo: You're absolutely correct, but I think we have to be realistic enough that the small percentage, and I'm speaking, trying to be realistic, but the small percentage that we're going to be able to save, this is why you need some housing built that's a little bigger than the hundred square feet, just slightly, because those people, you might want to be able -- you're going to need more time, so you might want to be able to keep them, or need to keep them for a year. So, I think -- I think what you need to have is those that are safe, you know, that you could actually help, that can stay, but no one can stay for more than a year. Commissioner Reyes: Yes, I do understand, and I'm not getting into the construction aspect of it, because I am not a builder, I am not a developer, but what I want to see is some type of shelter where those people, I mean people that really want to be part of the program could be sheltered in and having, I agree, that it should be as comfortable as possible. And that would be also an incentive. But at the same time, that has to be accompanied by a rehab program and with everything that encompasses trying to rehabilitate these people into permanent shelter and out of homelessness. City of Miami Page 107 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Chair King: Gentlemen? Commissioner Reyes: Because if we're just going to be sheltering them -- and I know that everything -- there's no free lunches, there's no free lunches, everything costs money and I would like to see a budget that we all take, construction or whatever the - - everything that it will -- any expenses that we will have to do because maybe we can go after some funds, Commissioner Carollo, that they are being used now, or misused now, and we can get those funds -- Vice Chair Carollo: Absolutely. Commissioner Reyes: -- and start this program, which 1 -- Vice Chair Carollo: I will make this commitment, if the Commission would like to study and digest it, I will go and get the funding, (UNINTELLIGIBLE) not be city finding, for the first 50 tiny houses, and I'll get them built out there for you. The only question that has to be discussed, because it's going to require some additional consideration, is whether you put toilets, sinks, showers, in them or not, if we could. I think we should, but it's up the body and also to our experts, depending where we put it in. But I will commit to that, that I will go and get the funding to build the first 50, and the only thing is that we would need from the City is to do the hook up to the waste from toilets, water, if we put it inside, and the electrical hookup, unless, which I would strongly recommend, that we partner with FPL to get solar because you're not going to need that many panels, you're going to need minor solar panels, so it could be -- each could be self -efficient inside and -- Mr. Porro: Thankyou, Commissioner. Chair King: Okay, we have -- we've discussed this for an hour now, and I see Commissioner Regalado is here. So, is there an action that you would like to take or are we going to leave it as discussion? Vice Chair Carollo: No, I think leave it as discussion is fine. Chair King: Okay. The only thing that I would like to emphasize is that FDOT wants very much to partner with us, they just don't have the manpower, and they've got to get new signs to put up to let everybody know what the State law is under bridges. So, if we can make sure that under the bridges too, we're going and getting people out of there, because there is absolutely no camping, nothing. And I'm seeing even in the brand new bridge, people are putting tents underneath it. And, Chief, it's a matter of commanders in each of their sections making sure that their, you know, HEAT officers are going out there, and if they see it, they're taking action. It's a matter of supervision. Chair King: Okay. Vice Chair Carollo: Thank you, Chair. Chair King: Thank you, and thank you for the presentation. Mr. Porro: Thank you. END OF DISCUSSION ITEMS City of Miami Page 108 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 BC.1 8938 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AFFORDABLE HOMEOWNERSHIP LOAN PROGRAM TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 109 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 BC.2 8152 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Wills Felin Commissioner Christine King ENACTMENT NUMBER: R-22-0052 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Mr. City Clerk. Todd B. Hannon (City Clerk): Good morning, Chair. Good morning, Chair, Commissioners. BC.2, Arts and Entertainment Council. Chair King would like to -- will be appointing Wills Felin. Commissioner Russell: I'll move it. Commissioner Diaz de la Portilla: I'll second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Passes. City of Miami Page 110 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 BC.3 6672 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 111 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 BC.4 11097 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Alex Cardenas Commission -At -Large ENACTMENT NUMBER: R-22-0053 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes A motion was made by Commissioner Diaz de la Portilla, seconded by Chairwoman King, and was passed unanimously, to appoint Alex Cardenas as a member of the Bayfront Park Management Trust; further waiving the term limits of Section 2- 885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Alex Cardenas as a member of the Bayfront Park Management Trust. Chair King: Is that all of the boards? Todd B. Hannon (City Clerk): BC.4, Bayfront Park Management Trust, Vice Chair Carollo will be reappointing to an at -large seat Alex Cardenas with a 5-5 term waiver. Commissioner Diaz de la Portilla: I'll move it. Chair King: I second. All in favor? The Commission (Collectively): Aye. Mr. Hannon: That concludes the boards and committees. Commissioner Russell: Madam Chair? Chair King: Yes? Commissioner Russell: I thought I ran an efficient meeting, you have far surpassed Inc. I just have to say. Chair King: Well, thank you. Commissioner Diaz de la Portilla: By lunch? We'll we be done by lunch? Chair King: I wish. I believe I have a press conference to attend right now. They're looking at me right now. I have a press conference, so if we can -- City of Miami Page 112 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 BC.5 11096 Office of the City Clerk Commissioner Reyes: We have. Chair King: We have, all of us. If we can adjourn while staff gets the information from us -- for us, to do this press conference and we'll return. So, a quick recess. Vice Chair Carollo: Madam Chair, until what time will we be here today for the meeting? Chair King: Until what time? Vice Chair Carollo: Yeah. Chair King: Until we're done? Commissioner Russell: (UNINTELLIGIBLE). Vice Chair Carollo: No, no, I'm saying for the morning session. Chair King: Oh, what time is it now 11:00? Vice Chair Carollo: Until 12:00? Chair King: Yes, until 12:00. Vice Chair Carollo: Because I have to attend something that has to do with my mother so that's going to probably take half an hour there, so I'll probably won't be back until -- Chair King: I'm coming, I'm coming. Okay. Vice Chair Carollo: I probably won't be back then until after lunch. Chair King: From 12:00 to 2:00. Well recess for lunch from 12:00 to 2:00. Vice Chair Carollo: Okay. Chair King: And well recess now so (UNINTELLIGIBLE). Meeting is now in recess. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gabriel Paez Civilian Investigative Panel RESULT: NO ACTION TAKEN City of Miami Page 113 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 BC.6 11098 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large City of Miami Page 114 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 BC.7 6958 Office of the City Clerk BC.8 10778 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 Alex Diaz de la Portilla Commissioner Ken Russell 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. APPOINTEES: (Alternate Member) RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Christine King Commission -At -Large City of Miami Page 115 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 BC.9 8804 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN AND QUALITY OF LIFE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large City of Miami Page 116 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 BC.10 11435 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King City of Miami Page 117 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 BC.11 5976 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King IAFF FOP AFSCME 1907 AFSCME 871 City of Miami Page 118 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 BC.12 11271 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 Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo 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 Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 119 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 BC.14 8267 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 Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large City of Miami Page 120 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 BC.15 8269 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY INDIVIDUALS AS MEMBERS OF THE COMPETITIVENESS FOR TERMS AS APPOINTEES: RESULT: NO ACTION TAKEN COMMISSION APPOINTING CERTAIN MAYOR'S COUNCIL ON GLOBAL DESIGNATED HEREIN. NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large City of Miami Page 121 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 BC.16 8805 Office of the City Clerk BC.17 7261 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 Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI RIVER COMMISSION FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: RESULT: NO ACTION TAKEN Commission -At -Large City of Miami Page 122 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 BC.18 9270 Office of the City Clerk BC.19 11272 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: Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large 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: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King City of Miami Page 123 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 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 of Miami Page 124 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 BC.21 11273 Office of the City Clerk BC.22 9549 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 Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King 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 Commissioner Ken Russell City of Miami Page 125 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 BC.23 8943 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 126 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 RESOLUTION 8849 Department of Planning A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN EXCEPTION, WITH CONDITIONS, PURSUANT TO ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 2-212(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "NONCONFORMING USE PILOT PROGRAM," TO ALLOW THE RE - ISSUANCE OF A CERTIFICATE OF USE FOR NONCONFORMING USES THAT HAVE LAPSED FOR A PERIOD OF MORE THAN EIGHTEEN (18) MONTHS AND LESS THAN FIVE (5) YEARS FOR THE PROPERTIES LOCATED AT APPROXIMATELY 116 NORTHWEST 52 STREET AND 123 NORTHWEST 51 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0055 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Okay, are there any other items in the PZs (Planning and Zoning) that you would like to withdraw or defer? Cesar Garcia -Pons (Planning Director): No, ma'am. Chair King: Okay. Are there any items that you guys want to pull? Vice Chair Carollo: 1, 2, 7, 8, 9, 14, 15. Chair King: You want to pull them? You want to discuss all of those? Vice Chair Carollo: Well, who's here for any items left? This gentleman seems to have come ready. Brian Dombromski: Here for PZ.1. Chair King: PZ.1. Okay. Vice Chair Carollo: PZ.1 ? Chair King: Yes. City of Miami Page 127 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Mr. Dombrowski: Yes, sir. Vice Chair Carollo: Okay. Chair King: That's in District 5. Mr. Dombrowski: It is in District 5. And I can keep this very short unless you want me to go through a full presentation. Vice Chair Carollo: Okay. Mr. Dombrowski: This is -- Vice Chair Carollo: Okay. lfl could Chair. Chair King: Go ahead. Vice Chair Carollo: Can we find out who's here for what else? Chair King: Oh, okay. So, we have -- you are here for? Elon Metoya: PZ.15. Vice Chair Carollo: Okay. Todd B. Hannon (City Clerk): And, Chair, ifI can get the speaker's name? Mr. Metoya: Elon Metoya. Vice Chair Carollo: What district is this one in? Chair King: District 5 as well Mr. Metoya: District 5. Vice Chair Carollo: Boy. Commissioner Dial de la Portilla: Madam Chair, is that all we have left? Vice Chair Carollo: Anybody here for 7, 8, 9, 14 or 2? Come up. Mr. Hannon: Sorry, I need this on the record and the speaker's name. Felipe Angulo: Felipe Angulo for PZ.14, sir. Vice Chair Carollo: Okay. Chair King: Also District 5. Vice Chair Carollo: District 5. You're becoming popular. (COMMENTS MADE OFF RECORD) Cesar Garcia -Pons (Planning Director): Madam Chair, PZ 15 is citywide. Chair King: You are correct. It's citywide, but -- City of Miami Page 128 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Vice Chair Carollo: Okay. Last, again, anybody else here for PZ.2, 7, 8, or 9? Okay. Chair King: Okay, so can 1 get a motion to pass PZ.1 -- Commissioner Diaz de la Portilla: 14 and 15, I'll move it. Commissioner Reyes: I second it. Chair King: Wait a minute. PZ.1 -- Commissioner Diaz de la Portilla: 14 and 15. Commissioner Reyes: 15. Moved and seconded. Chair King: 14 and 15. Vice Chair Carollo: Are you in agreement with that? Commissioner Diaz de la Portilla: Well, it's your district, so. Chair King:: Yes. Commissioner Diaz de la Portilla: Okay. Chair King: Yes. Commissioner Diaz de la Portilla: PZ.1, 14 and 15. Chair King: 14 and 15. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: And I think that's all of them. Chair King: Do I have a second? Vice Chair Carollo: Second. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Mr. Hannon: Chair, 14 -- Victoria Mendez (City Attorney): So, we have -- could we -- PZ.1 is a resolution. I don't have to read that one into the record. Then PZ.14 and 15 are ordinances that I do have to read into the record. Commissioner Reyes: Could you please go right ahead. Vice Chair Carollo: Excuse me for a second. Did we have public hearing on the PZ? Chair King: Yes. Vice Chair Carollo: We did, okay. City of Miami Page 129 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Ms. Mendez: So PZ.14. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.15. The Ordinance was read by title into the public record by the City Attorney. Commissioner Reyes: Madam City Attorney, do you mention the regulations that have to be City owned and all that? Ms. Mendez: So, this -- PZ.15 is only supposed to apply to religious -owned properties or government properties, is my understanding. Chair King: Okay. Commissioner Reyes: It has the constraints on the AMI (Area Median Income) that to make it real affordable. Mr. Garcia -Pons: Yes, yes sir, those are the -- it's the original one. Commissioner Reyes: I just want to make sure that when we say affordable, it's affordable. Mr. Garcia -Pons: Yes sir. Ms. Mendez: Is that going to be -- that's an amendment or it's already in there? Okay. Chair King: It's already in there. Ms. Mendez: So that is already in the legislation, Commissioner Reyes. Chair King: Commissioner Russell, we are voting on PZ.1, 14, and 15. All in favor? The Commission (Collectively): Aye. Chair King: Motion passes unanimously. City of Miami Page 130 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 PZ.2 ORDINANCE Second Reading 9429 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY FURTHER AMENDING ARTICLE 1, TITLED "DEFINITIONS," AND ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS," TO PROHIBIT GAMBLING FACILITIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14048 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell NAYS: Diaz de la Portilla, Reyes Note for the Record: Pursuant to Section 166.041(c), Florida Statutes, a motion was made by Commissioner Diaz de la Portilla, seconded by Commissioner Reyes, and was passed unanimously, with Commissioner Carollo absent, to hear PZ.2 before 5: 00 p.m. Note for the Record: For additional minutes referencing Item Number PZ.2, please see "Order of the Day." Chair King: So, may I have a motion to hear PZ.2 and 15 before 5 o'clock if it's appropriate? Commissioner Diaz de la Portilla: So moved. Chair King: Do I have a second? Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Thank you. [Later... ] Vice Chair Carollo: (INAUDIBLE) jump to PZ.7. Chair King: You want to skip PZ.2? Vice Chair Carollo: Right now, yes, unless it's going to be quick. Chair King: That depends on you guys. Commissioner Diaz de la Portilla: Can we defer PZ.2? Vice Chair Carollo: It was deferred. City of Miami Page 131 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Commissioner Diaz de la Portilla: It was deferred. PZ.2. Vice Chair Carollo: Yes it -- Todd B. Hannon (City Clerk): No, no, no. PZ.2 is in play. Chair King: No. Vice Chair Carollo: No, no, no, no. Chair King: PZ.2 is not deferred. Commissioner Diaz de la Portilla: It's not deferred. It was moved before 5: 00 p.m. is what we -- Chair King: Right, but we can -- Commissioner Diaz de la Portilla: We can defer it. Chair King: Well, it's 6 o'clock now so we can take it. Commissioner Diaz de la Portilla: I can move to defer it, right, PZ.2? Chair King: If that's the will of the body. Commissioner Diaz de la Portilla: If that's the will of the body. Chair King: I'm ready to. Commissioner Russell: You know where I stand, I'm the sponsor of the item, so I'll go with the will of the Commission. If the will is here to pass it, I'd rather -- I'd like to do it today. If there is uncertainty within the majority, I'm okay with the deferral, so -- but if it's just, if there are two no votes and three yes votes or something like that, I'd rather just move through it. So, I don't know where everybody is. We honestly haven't had a deep discussion on it, but I'm open either way. Vice Chair Carollo: I will be voting for it, the ordinance. So, you all know where I stand. I think you've made it clear where you stand. And I guess it's the will of the Commission. If it's 3-2, then so be it. Either way. Victoria Mendez (City Attorney): I wanted to clam right now, there is no gambling on City -owned properties. This would be -- Commissioner Russell: What are you talking about? We do it every day. Ms. Mendez: But this would be a citywide gambling ordinance, citywide. Commissioner Reyes: If I may say it, I'm going to say why we want vote against? I don't want to place constraints in the City that if they are not required. We are constraining our City of first there was a resolution that no gambling in the City of Miami. Now that we have the (UNINTELLIGIBLE) prohibiting gambling, I think that the City should have -- make the decisions on their own, not that give or because some group of somebody doesn't like gambling. We have gambling every day. I don't like gambling. I don't go to gambling, to any. I never go gambling. But think the City of Miami should have the liberty or the ability to make their own decisions when, if,, I mean, in the, future, I don't know what's going to happen. But I don't want to constrain or tie the hands of our city. And that's the only reason why. It's not that I am pro - City of Miami Page 132 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 gambling or against gambling. It is that 1 think that the city has autonomy and as such should have -- should make their own decisions. And that's my -- Commissioner Russell: Madam Chair, I'm open to making a motion and we can roll the dice if you will. Commissioner Reyes: Whatever you want. Chair King: I think let's make the motion. Commissioner Russell: So, moved. Vice Chair Carollo: Second. Chair King: Second. All in favor? Commissioner Russell: Aye. Vice Chair Carollo: Aye. Todd B. Hannon (City Clerk): Chair, the title? The Ordinance was read by title into the public record by the City Attorney. Chair King: Okay all in favor? Commissioner Russell: Aye. Chair King: Aye. Vice Chair Carollo: Aye. Commissioner Diaz de la Portilla: No. Chair King: Motion carries 3-2. City of Miami Page 133 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 PZ.3 ORDINANCE First Reading 4196 Department of Planning PZ.4 4201 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.3, please see "Order of the Day." ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O," URBAN CENTER TRANSECT - OPEN, TO "T6-8-O," URBAN CORE TRANSECT - OPEN, FOR THE PROPERTIES LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.4, please see "Order of the Day." City of Miami Page 134 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 PZ.5 8166 Commissioners and Mayor - PZ ORDINANCE MAY BE DEFERRED First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 1, SECTION 1.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TITLED "DEFINITIONS/DEFINITIONS OF BUILDING FUNCTION: USES," AND SECTION 1.2 OF THE MIAMI 21 CODE, TITLED "DEFINITIONS//DEFINITIONS OF TERMS"; ARTICLE 3, SECTION 3.4 OF THE MIAMI 21 CODE, TITLED "GENERAL TO ZONES/DENSITY AND INTENSITY CALCULATIONS"; ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE, TITLED "STANDARDS AND TABLES/BUILDING FUNCTION: USES," AND TABLE 4, TITLED "STANDARD AND TABLES/DENSITY, INTENSITY AND PARKING"; ARTICLE 6, TABLE 13 OF THE MIAMI 21 CODE, TITLED "SUPPLEMENTAL REGULATIONS"; AND ARTICLE 7, SECTION 7.2, TITLED "PROCEDURES AND NONCONFORMITIES/NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS", TO ALLOW AND ESTABLISH DEFINITIONS AND REGULATIONS FOR CO -LIVING RESIDENTIAL USES AND TO MODIFY THE REGULATIONS FOR MICRO DWELLING UNITS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: Item PZ.5 was deferred to the April 28, 2022 City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.5, please see "Order of the Day." City of Miami Page 135 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 PZ.6 ORDINANCE First Reading 9001 Planning, Zoning and Appeals Board AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITION OF TERMS"; ARTICLE 2, SECTION 2.1.2, TITLED "INTENT"; ARTICLE 2, SECTION 2.2.4, TITLED "RULES OF CONSTRUCTION"; AND ARTICLE 7, SECTION 7.1.1, TITLED "AUTHORITIES," TO CORRECT CERTAIN WEAKNESSES THAT EXIST REGARDING THE INTENT OF MIAMI 21 CODE PROVISIONS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.6, please see "Order of the Day." PZ.7 ORDINANCE First Reading 10811 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING ARTICLE 1, TITLED "DEFINITIONS," AND ARTICLE 3, SECTION 3.15, TITLED "AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO AMEND THE DEFINITION OF THE TERM "PARKING, TANDEM" AND TO CREATE REGULATIONS FOR CITY OF MIAMI OWNED LOTS LOCATED WHOLLY WITHIN A T5, "URBAN CENTER TRANSECT ZONE," AND/OR T6, URBAN CORE TRANSECT ZONE," WITH A QUALIFIED DEVELOPMENT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Chair King: PZ.3 and 4 have been withdrawn. We're at PZ.7. Vice Chair Carollo: I'd like to make a friendly amendment to PZ.7. For the sake of moving this along quickly, and then some future time we can revisit it. On PZ.7 if we can limit this to affordable housing for home ownership in City -owned lots. That is a very narrow area that we're going to limit it to. Commissioner Diaz de la Portilla: So, take out the attainable mixed income, just affordable? City of Miami Page 136 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Vice Chair Carollo: Well, it's this one here, I don't, I mean, if it'll pass, I'm happy with it. But what 1 want to make sure is, and I'm willing to vote for it just this way, but I don't want to create any more heartburns anywhere. And I will be happy if the Administration is okay with it, to vote for it, limiting it to affordable home ownership for City -owned lots. But if there's a will to vote for it this way, I'm -- Commissioner Diaz de la Portilla: I will second that amendment. Commissioner Reyes: I am going to be very honest. 1 have been a little bit reticent, I am very frank, that we are going to allow height, you see, additional floors in areas like, for example, 1 have a bunch of T-5s. This could benefit me because 1 have a lot -- Vice Chair Carollo: That's why I'm making it owning them. Commissioner Reyes: That's right, but let me finish, please, Commissioner. My problem is that I don't want to stick a 12-story building amongst T-5s you see will be look out of there. I understand what you're trying to do. And if we are going to limit it, I would like to limit it more to those certain areas, like 1.5 miles from the court, that is coming from the downtown or something like that. That will -- Vice Chair Carollo: The only district, frankly, that 1 know of at this point that wants home ownership is District 3. 1 haven't heard it from any of the other districts, hopefully. Chair King: District 5 -- Commissioner Reyes: District 4 -- Chair King: -- wants home ownership and will have home ownership. It is very important to them. Commissioner Reyes: I have a building coming up that is going to be home ownership also. Vice Chair Carollo: Okay. I think that if we really want to make this the priority that it needs to be and really make it affordable, this is the way we have to go. Commissioner Reyes: Yes sir. Vice Chair Carollo: And this is going to be a few lots, and the height is not going to be much greater, if any, than what is allowed by law today with the bonuses. Commissioner Reyes: Well, there's a big difference between a T-6 and a T-5 in height. Commissioner Diaz de la Portilla: Well, and also, ill- may, Commissioner Carollo, just to be clear, because I want to understand it. In essence, you're doubling the number of available afjordable housing -- almost doubling, right? The number of affordable housing units, which I think is something that's commendable, because I think that we need to do everything in our power to add additional affordable housing in our city. There's a dearth of that in our community. I think that the -- a city that's running out of land, especially city -owned land, to go vertical makes sense. And that aversion to going vertical concerns me, because it's not as forward -thinking as I think Tye should be in trying to address this issue. We have a City -owned lot that's ready to go, and we can put, I think, up to 115 units -- Commissioner Reyes: Listen. City of Miami Page 137 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Commissioner Diaz de la Portilla: -- there. That makes sense to me. Commissioner Reyes: I accept that amendment that is only for homeownership. Commissioner Diaz de la Portilla: Yes. Vice Chair Carollo: Yeah, that's what the amendment is for. Commissioner Reyes: That's right, I accept that amendment, and I will -- Commissioner Diaz de la Portilla: I like the amendment cis a (UNINTELLIGIBLE) -- Commissioner Reyes: --1 will -- but 1 am still -- still, I am concerned that we are going to destroy, or we could destroy the integrity of the neighborhood by having all T-5s and then having a building that is going to be 12 story high. Chair King: Okay -- Commissioner Russell: Madam Chair. Commissioner Reyes: (UNINTELLIGIBLE). Chair King: -- Commissioner Russell? Commissioner Russell: Thank you. I have a question and maybe for the amendment or for Planning and Legal, and maybe because it's just late. How do we do ownership on a City -owned lot? Are we condominiumizing it and selling parts of it? Vice Chair Carollo: Yes Commissioner Reyes: Yes. Vice Chair Carollo: Yes. That's the only way. Commissioner Russell: And so, it will remain City property, but the unit gets sold as a condominiumized unit? Vice Chair Carollo: Well, no. It will be private. But what I'm envisioning that would happen is the following, because otherwise, I wouldn't be going through all this trouble. One, there have to be deed restrictions since what's going to happen here is, since we're not looking to make the big bucks backfor the City, we're not looking to make any money. Commissioner Russell: We don't want them too, either. They can't flip it. Vice Chair Carollo: Yeah. These properties are going to end up costing about 50 percent or so of market value. So, I don't want us to sell it to someone and they turn around in a day, a week, a month, a year or two, and they flip itjbr market value, then what did we do? We didn't accomplish anything. So, first we have to put deed restrictions. Commissioner Russell: Yeah. Vice Chair Carollo: That they could only sell it for whatever instrument we decide as a City to create, that decides, based on the amount that they paid, what percent of that amount can go high or stay the same every year. And that the City of Miami will City of Miami Page 138 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 always have the right of first refusal so that we could always buy it and keep it in the pot for us to, you know, give it out to the most needy. Commissioner Reyes: And if I may add, we should have also, because we are in the process of building single family homes for ownership -- Vice Chair Carollo: Yeah. Commissioner Reyes: -- and we will have a covenant that they will have to stay with the property for a certain amount of time. And after that, then we can prorate whatever -- if they sell it. I mean, that's the only way. Vice Chair Carollo: All that is part of once -- Commissioner Reyes: (UNINTELLIGIBLE). Vice Chair Carollo: -- we are building something, well come back and we hash out. Commissioner Diaz de la Portilla: Right, of course. Vice Chair Carollo: And it's very important to hash that out before we build it and give it to someone. Chair King: Right. Let me get staff because now this is changing and here you have a denial recommendation. So, what are your thoughts on the amendment that has been proposed? Vice Chair Carollo: Well, he's leaving here next week anyway, so let's wait for the new guy to see what he says. I'm teasing. I was teasing him about that before, he knows it. Cesar Garcia -Pons (Planning Director): Thank you, sir. The recommendation for the planning permit is not going to change because it really is based on height -- Chair King: The height. Mr. Garcia -Pons. -- and setbacks. I'm not sure though about the ownership condominiumization of an apartment on City -owned land. I think unfortunately -- Commissioner Russell: It would be complicated. Mr. Garcia -Pons: -- I'm going to have to ask my City Attorney to opine on that. The way that it's written now, it doesn't state whether it's for lease or, for rental -- excuse me, for lease or for ownership. It would have to be amended. Vice Chair Carollo: That's right. Yeah, it has to be amended and that's why I'm saying that because right now the way it was, even though I could vote for it this way, it was too wide and my idea is not to create wars, ruffle anybody's feathers. My idea is to create true affordable housing. And Commissioner Diaz de la Portilla, thank you for your words, but let me say this, I wish we could be doubling the amount, but all that we're hoping to do is have the option of increasing either by 25 percent or at the most by 50 percent, depending what works best. Commissioner Reyes: I want to make clear one more position of (UNINTELLIGIBLE). I've been always a protector of the integrity of the neighborhoods. And we have a different, for example, Flagler Street, everything is -- there's a T-5, and a 12-story or 14-story building will stick like a sore thumb. And I -- City of Miami Page 139 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 we will have to also understand that there are established neighbors in that area that could be affected, because only -- I know that we have to build affordable housing, and I am working very hard on it. You see, it is not that we are sitting on our hands, but we have to also -- we have a responsibility with established neighborhood and how are we going to affect them. And that is my position, it's been my position all the time. And that's why I said, okay, I know that from downtown -- down -- coining down to west, we have -- it's almost inevitable that tall buildings are going to be built on areas like 8th Street and 7th Street. But there are other neighborhoods, since this is all citywide, that could be affected. Chair King: Okay. Commissioner Reyes: If we're limited to certain areas, I mean,1 don't have any problem. Chair King: Well, it is limited to City -owned lots. Commissioner Reyes: That's right, but -- but -- Chair King: City -owned lots, but I understand the height and the density. Do we, Commissioner Carollo, would you like to have staff take another look at your proposed for home ownership, because 1 think that's a -- Vice Chair Carollo: No, because staff doesn't live in the City. Staff doesn't know what our people are suffering through in the city. And staff forgot that the street next door, 8th Street, in this wonderful Miami 21, has been zoned for years now to 12 stories, and they did it opposite. In the back of it, you could only go up to 8 stories. So, what this will do is it will give us the opportunity to, in the back, be able to go 10 stories, which is only 25 percent more, or maybe -- Commissioner Diaz de la Portilla: 12. Vice Chair Carollo: -- at the most, equal 8th Street to 12. And whether you have a 12- story building or a 10-story building in 8th Street or 7th Street, it's going to be basically the same thing. So, then staff should recommend to take all of 8th Street and do away with the Miami 21 provisions and then bring it down to whatever they're recommending then for 7th Street. Commissioner Reyes: Let me add -- Chair King: (UNINTELLIGIBLE). Commissioner Reyes: -- hold on a second. Chair King: Wait, wait, let me -- Commissioner Reyes: Sure. Chair King: -- because I don't speak too much. I think also one of the concerns is that there's no notice to the residents, if this passes. Commissioner Reyes: Yes. Chair King: There will be no notice. Vice Chair Carollo: Well, this -- City of Miami Page 140 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Commissioner Russell: This is first reading 1 believe. Commissioner Diaz de la Portilla: This is first reading. We can do it between first and second. Vice Chair Carollo: This is first reading. But -- Chair King: Okay. Commissioner Diaz de la Portilla: Yes. Mr. Garcia -Pons: Ma'am. Vice Chair Carollo: There will be notice to the residents. Mr. Garcia -Pons: It is via waiver, so there is notice to the abutting residents and the NET (Neighborhood Enhancement Team) offices. Chair King: Okay. Commissioner Reyes: Let me make my point clear. I do understand that -- what Commissioner Carollo is saying about the -- that that 8th Street is 12 story, you see, I mean it's just one block away, but I don't want --1 see areas like Flagler for example, that they are sold on T-5s, that we will have, then -- I mean, we would have to change -- we would change that or if government, the City,1 have a lot in Flagler Street, butt will not build a 12-story building there because it affects the City. He doesn't live in the City of Miami, but I do, and I have neighbors and I know how they feel. So, we have to protect our established neighborhood. Now, that's why I said if we limit it to certain areas, it is fine. But once you make it citywide, the whole city is not the same thing. Vice Chair Carollo: Well, I -- I would say this to you, Commissioner, that 8th Street, right next door, is zoned for 12 stories. I don't agree with that necessarily, and I'm going to tell you another reason why, because you should build in a scale. And the place that you start lower should be 8th Street, and you see that scale behind 8th Street and then across the street on 7th Street. Secondly of all, the areas that I'm looking at for the T-5, they're not surrounded by single homes, they're surrounded by apartment buildings. And apartment buildings, frankly, that have slumlords that don't give a hoot about the condition they're in, and if we're going to really be able to make a dent on true affordable housing, I'm only asking for a fraction of what this Commission in the past, and past commissions, have awarded scores of developers 40, 50, 60 percent more, and nobody's ever said anything when it was for expensive condominiums. Commissioner Diaz de la Portilla: For market rate, not for affordable. Vice Chair Carollo: Yeah. I'm asking for about a 25 percent. Commissioner Reyes: But 25 percent, how high it will be, 10? Vice Chair Carollo: I've said it. 25 percent would be two more stories. Commissioner Reyes: Fantastic. I'll go with you. Vice Chair Carollo: That's 10 stories. If it's 50 percent, it's 'bur stories. And if you're having on 8th Street, 12 stories right now, it has been 12 stories. In fact, some have been rezoned in 8th Street, go by 19th Avenue, and you've got 14, 15 stories. City of Miami Page 141 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Commissioner Reyes: Yes, which I don't agree with either. Vice Chair Carollo: Well, I don't either. Commissioner Reyes: You see, I don't agree with. Vice Chair Carollo: What I'm asking to be able to relieve the biggest need that the city has, that's affordable housing, is to be able to go up a little more. I'm not asking Jrothe huge amounts that normally developers have come here and asked for, for market rate apartments. I'm asking only a little bit so that we could bring true affordable housing. Commissioner Reyes: You say you're going to go for the maximum 10 stories? Vice Chair Carollo: Well, I've said 10 to 12. That's why -- Commissioner Russell: I'm ready to vote. Vice Chair Carollo: -- and I'm being honest. Look I could tell you whatever - Chair King: 1 am too. Vice Chair Carollo: But I'm being honest that -- Commissioner Diaz de la Portilla: No I think -- Chair King: So -- Commissioner Diaz de la Portilla: Well -- Chair King: I have -- Commissioner Diaz de la Portilla: I'm sorry. Chair King: I think the will of the body is that we are ready to vote? Commissioner Diaz de la Portilla: Yes ma'am. Chair King: We have a motion and a second. All in favor? Commissioner Russell: Aye. Commissioner Diaz de la Portilla: Aye. Vice Chair Carollo: Aye. Commissioner Reyes: Aye. Todd B. Hannon (City Clerk): Chair, the title? Commissioner Diaz de la Portilla: No, no, no. Chair King: The title. Commissioner Diaz de la Portilla: No -no, hold on a second. I didn't understand Commissioner Carollo. My understanding is you want to go from T-5 to T-6. City of Miami Page 142 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Vice Chair Carollo: No. Chair King: No. Commissioner Diaz de la Portilla: Well, hold on a second. Hold on, let me just ask the question. And that allows you to go up to 12 stories. I have no problem with 12 stories, so you know, whatever that's worth. I think 12 stories makes sense. Right now, they can go up to 8, and I buy your argument, it's true that on 8th Street you can go up to 12 stories. We also have a task force, a committee that we set up to revamp Miami 21.1 think everybody up here agrees that Miami 21 is obsolete, and we need to change it. So, to keep referencing with I'll do with respect, Commissioner Reyes, back to Miami 21,1 think we have a lot of problems with Miami 21. But 1 think this is going to be a good step. We're not doing some exaggerated height increase, it's four stories, and it adds additional affordable housing units, and I think that makes sense. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Just for now. I mean, and then when we revisit Miami 21 -- Chair King: With the amendment that is for -- Commissioner Reyes: I do understand, Madam Chair, 1 do understand, and 1 do understand, and I have mixed feelings about this, you see. 1 know that the need is there, but I am --1 am -- once we make it citywide, you see, that's what really -- I mean, because I don't know when I'm -- when we leave here, who is going to be sitting in my seat and just as we bought land on 51st and Flagler, which is a lot there, that it is T-5 and then we'll say, okay, then I'm going to go 12 stories. Well, all the other buildings are, you see, T-5 and the effect on the surrounding neighborhood, it will be totally negative. Commissioner Carollo has in that area, that's why I wanted to see if it was a possibility of limiting it to certain areas. But Commissioner Carollo is right. This property is surrounded by all, some of them dilapidated apartment buildings, that I know that time -- with time they are going to be built and we're going to have the same builders that they are coming in here and asking for those buildings to go to T-6, you see, to go to 12 stories. Chair King: Well -- Commissioner Reyes: But that is why -- I have nothing against that. My only concern is that it is citywide, and the effect -- and negative effect could have in other areas. Chair King: It's -- well it's City -owned lots, which -- Commissioner Reyes: Yes, I know. Chair King: -- could be city -- but there's not a lot of City -owned lots and the motion already passed. Mr. Hannon: No, no, no, so the title still needs to be read into the record (UNINTELLIGIBLE). Chair King: Victoria, can you please read the title into the record. Victoria Mendez (City Attorney): And just to clarify, it is with the amendment that Commissioner Carollo proposed? City of Miami Page 143 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Vice Chair Carollo: Yes. Chair King: Yes. For home ownership. (COMMENTS MADE OFF RECORD) Art Noriega (City Manager): Can I make a final plea in spite of the amendment Commissioner Carollo stated, to not limit it to home ownership? Because I think you'll get more bandwidth out of this if you have the flexibility to do homeownership or rental.l'm just telling -- if you want to really attack the homeownership issue and we have properties that we have available in terms of the city inventory, I think if we're, you know, maintain some flexibility to it, it'll actually help us solve a problem. Vice Chair Carollo: I'm fine with that. Mr. Noriega: Yeah, I'm just going to make one last plea, if fwe could do that. Vice Chair Carollo: I'm perfectly fine with that. Commissioner Russell: We're rescinding the amendment? Commissioner Diaz de la Portilla: So, move to reconsider. Mr. Hannon: Chair, 1 believe it's just Commissioner Carollo withdrawing his amendment so it's going to be voted upon as is. Chair King: No. Mr. Hannon: No? Chair King: No. Vice Chair Carollo: It's going to be -- Chair King: It's going to be home ownership or rentals. Vice Chair Carollo: Yes, but in City -owned lots. Chair King: Only on the city owned lots. Ms. Mendez: As drafted. Vice Chair Carollo: By the city. Commissioner Reyes: But Mr. City Manager, are you going to mix rental and home ownership in the same building? Commissioner Russell: Who knows. Mr. Noriega: No. Commissioner Reyes: That's it -- that you make clear, I mean, we have to clear that it has to be either or, because if not, that's going to be a mess. Mr. Noriega: No, no, the mechanics, you can't do a mixed -use building that's mixed ownership -- City of Miami Page 144 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Chair King: Right, it has to be either or. Mr. Noriega: -- it has to be one or the other. Chair King: It has to be -- Vice Chair Carollo: And let me explain to you why I think the Manager also explaining this to you in asking this. In some of the lots that we have bought in my district, it's no problem because when you buy a lot, we could, you know, do condominiums or we could do rentals. The problem lies is when you have to go and get a property in the future, we have to do eminent domain. Let's say we need properties, which we do in different parts of our area, for parking. Parking by itself, you know, doesn't make sense for you to acquire properties. But now, if you could put on top apartments, and I'm saying apartments because you didn't buy the property, you had to acquire it through eminent domain. The eminent domain statute doesn't allow you to then sell that property through condominiums or any other way if you acquire it through eminent domain. So, you're limited then to make it into rental apartments. But we also need that, as we've all stated. We need a balance in the market of what we do. So that's the reason that the Manager is stating that. Commissioner Reyes: And now I have the ability of raising my little bit, because I'm not going to go high. Chair King: And also, staff has advised me that we do not need to make the provision for home ownership. This resolution covers both, so we don't have to specifically -- Commissioner Reyes: This is first reading, right? Chair King: This is first reading. So, Victoria -- Commissioner Reyes: So first reading, the next reading, we might -- Chair King: Have something. Commissioner Reyes: -- try to limit it to certain, that is my ask, is that we limit it to certain areas and not make it citywide. Chair King: Okay. Victoria, can you read the guest title into the record? Ms. Mendez: Yes. I'm sorry, one last thing, because Commissioner Reyes had asked for us to do certain amendments. Commissioner Reyes, would you like us to carve out District 4 now? Commissioner Reyes: (UNINTELLIGIBLE). Ms. Mendez: Or you'll think about it between now and -- Commissioner Reyes: 171 think about it. Ms. Mendez: Okay. Commissioner Reyes: But what I've stated is less -- if the possibility of carve out is fine, we will discuss it on the second reading, or if it is up to certain -- I mean, in reference to the tall buildings -- Ms. Mendez: We'll work with Cesar on that. City of Miami Page 145 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Commissioner Reyes: -- reference to tall buildings, certain distance in reference to tall buildings. Ms. Mendez: Okay. Commissioner Reyes: Okay. The Ordinance was read by title into the public record by the City Attorney. Chair King: The City Clerk would like me to clarify that this ordinance is without any amendments. It's as read. Ms. Mendez: Perfect, thank you. Chair King: That is correct. All in favor? The Commission (Collectively): Aye. Chair King: Any opposed? Motion carries unanimously. Commissioner Reyes: First reading. Commissioner Russell: Look at all this consensus. Look at all this love happening in here. I'm loving this dais right now. Commissioner Reyes: Now, between the first and second, we are going to sit down with the City Attorney and with Cesar and see how I can protect my neighborhood. Chair King: Okay. PZ. 8. Vice Chair Carollo: Cesar, can you look into the 12 stories on 8th Street from Miami 21? See how you can lower that so you can help his neighborhood (UNINTELLIGIBLE) ? Mr. Garcia -Pons: Yes, sir. Vice Chair Carollo: And mine? Mr. Garcia -Pons: Yes, sir. (COMMENTS MADE OFF RECORD) Commissioner Reyes: No -- Vice Chair Carollo: No, I said in mine. City of Miami Page 146 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 PZ.8 ORDINANCE Second Reading 10761 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI Department of Planning COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS SUBJECT TO SECTION 163.3184, FLORIDA STATUTES, BY ADDING A PROPERTY RIGHTS ELEMENT AS REQUIRED BY SECTION 163.3177(6)(i)1, FLORIDA STATUTES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14049 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell ABSENT: Diaz de la Portilla, Reyes Chair King: Okay, we're on PZ.8. Victoria Mendez (City Attorney): Madam Chair, do you want me to read the title? Chair King: Please. The Ordinance was read by title into the public record by the City Attorney. Chair King: Do I have a motion? Commissioner Russell: Sure. Vice Chair Carollo: Move. Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 147 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 PZ.9 ORDINANCE Second Reading 10772 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING APPENDIX A, SECTION A.2., TITLED "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD- 2)", TO CHANGE THE RESPONSIBILITY FOR REVIEWING AND MAKING RECOMMENDATIONS TO THE PLANNING DIRECTOR FROM THE URBAN DESIGN REVIEW BOARD TO THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14050 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell ABSENT: Diaz de la Portilla, Reyes Note for the Record: For additional minutes referencing Item Number PZ.9, please see "Public Comments for allltem(s)." Commissioner Russell: I'll move PZ.9. Vice Chair Carollo: Second. Chair King: Hold on one second. PZ.9. PZ.9. I have a motion and a second. All in favor? Todd B. Hannon (City Clerk): Madam City Attorney. Chair King: Read it into the record, please. Victoria Mendez (City Attorney): Is this PZ9? Commissioner Russell: Yes. The Ordinance was read by title into the public record by the City Attorney. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Commissioner Russell: Thank you. City of Miami Page 148 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 PZ.10 ORDINANCE First Reading 11082 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Department of Planning 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 "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE REAL PROPERTY AT 19 NORTHWEST 41 STREET AND 20 NORTHWEST 42 STREET, MIAMI, FLORIDA, AND DENYING A CHANGE TO THE FUTURE LAND USE DESIGNATION FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL" OF THE REAL PROPERTY AT 4136 NORTH MIAMI AVENUE, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes ABSENT: Russell Note for the Record: Item PZ.10 was continued to the March 10, 2022 City Commission Meeting. Note for the Record: For additional minutes referencing Item Number PZ.10, please see "Public Comments for all Item(s). " Chair King: So, we are now on our PZ (Planning and Zoning) items. Are there any items to be deferred, withdrawn? Vice Chair Carollo: Yes. Cesar Garcia -Pons (Planning Director): Yes, ma'am. I understand one of the applicants for PZ.10 and 11. Chair King: Will -- Vice Chair Carollo: For PZ.10 and 11 ? Chair King: Yes. Vice Chair Carollo: Okay. Then 1'l1 make a motion that we also defer PZ.1, 2, 7, 8, 9, 14, and 15. Chair King: Wait 1, 2 -- Victoria Mendez (City Attorney): You said that fast, Commissioner. Chair King: On purpose. City of Miami Page 149 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Commissioner Reyes: I second. Vice Chair Carollo: So, these gentlemen have been here a while, so 1 don't think they will be too keen on that. Chair King: Right. Vice Chair Carollo: What item, sir, are you here for, sir? Bill Riley: Good afternoon. For the record, my name is Bill Riley with Offices located at 1671 Northwest 17th Terrace. Madam Chairperson, Mr. Vice Chairman, we're here on items number 10 and 11. As you may have seen us talking throughout the day, we've continued our dialogue with our neighbors. We thought it might be fruitful to continue that dialogue a little bit further. So, we would ask fbr the item to be deferred. And we would ask for one concession, if the board is willing to accommodate it, is that the item come back on first reading at your first hearing in March and second reading on your second agenda item in March. Vice Chair Carollo: I would be willing to make a motion for this item to be deferred and for the first reading to come back in the first meeting in March and the second reading on the second meeting in March. Mr. Riley: Thankyou, Mr. Vice Chairman. (COMMENTS MADE OFF RECORD) Chair King: 10 and 24. That would be March loth and 24th. Commissioner Reyes: No, what are we deferring? Chair King: We're deferring items PZ. 10 and 11. Commissioner Reyes: That's what I said. Ms. Mendez: And Madam Chair, if it's one after the other in the readings, they may need to pay for the advertising costs. Mr. Riley: And we would be happy to do that if that's the case. Vice Chair Carollo: So that's part of the resolution. They pay for the advertising. They pay half; Mr. Winker pays half: He's not smiling at that one. Chair King: I have a motion. Do I have a second? Commissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Any opposed? Tin missing Commissioner Russell. Motion passes, four with one abstaining. Mr. Riley: Thankyou, Commissioner. Chair King: Thank you, gentlemen. Thank you. City of Miami Page 150 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Commissioner Diaz de la Portilla: Absent. Chair King: Absent. Absent. PZ.11 ORDINANCE First Reading 11083 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING Planning ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-L," SUB- URBAN TRANSECT ZONE — LIMITED, TO "T4-L," GENERAL URBAN TRANSECT ZONE — LIMITED, FOR THE PROPERTIES LOCATED AT 19 NORTHWEST 41 STREET AND DENYING THE APPLICATION FOR ZONING CHANGE FOR THE PROPERTY LOCATED AT APPROXIMATELY 20 NORTHWEST 42 STREET FROM "T4-L," GENERAL URBAN TRANSECT ZONE — LIMITED, TO "T5-O," URBAN CENTER TRANSECT ZONE — OPEN, FOR THE PROPERTY LOCATED AT 4136 NORTH MIAMI AVENUE, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes ABSENT: Russell Note for the Record: Item PZ.11 was continued to the March 10, 2022 City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.11, please see "Public Comments for all Item(s)" and Item Number PZ.10. City of Miami Page 151 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 PZ.12 ORDINANCE First Reading 10771 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), SPECIFICALLY BY AMENDING ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS", TO PROVIDE CLARIFICATION AND ADDITIONAL STANDARDS REGARDING OUTDOOR DINING AND OPEN AIR RETAIL; ALLOWING OUTDOOR DINING BY RIGHT IN CERTAIN CIRCUMSTANCES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.12, please see "Order of the Day." PZ.13 ORDINANCE First Reading 9385 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING ARTICLE 2, SECTION 2.2.1.3 AND SECTION 2.2.2 TO CLARIFY THAT THE MIAMI 21 CODE PROVIDES A HIGHER STANDARD OF ZONING FOR THOSE PROPERTIES LOCATED IN THE MIAMI-DADE COUNTY RAPID TRANSIT SYSTEM DEVELOPMENT ZONE AND PROVIDING THAT ALL SUCH PROPERTIES SHALL REMAIN SUBJECT TO ALL OF THE PROVISIONS OF THE MIAMI 21 CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Fortilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: Item PZ.13 was deferred to the February 24, 2022 City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.13, please see "Order of the Day." City of Miami Page 152 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 PZ.14 ORDINANCE Second Reading 10770 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO AMEND APPENDIX C - MIDTOWN OVERLAY DISTRICT, SECTION 627.1.6, TITLED "BUILDING PLACEMENT AND BUILDABLE AREA", AND SECTION 627.1.7, TITLED "MAXIMUM HEIGHT, BUILD -TO, MINIMUM SETBACK AND USE REQUIREMENTS"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14051 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.14, please see Item Number PZ.1. City of Miami Page 153 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 PZ.15 ORDINANCE Second Reading 5310 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21"); MORE SPECIFICALLY, BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS," TO MODIFY THE DEFINITIONS OF ATTAINABLE MIXED -INCOME HOUSING AND WORKFORCE HOUSING; BY AMENDING ARTICLE 3, SECTION 3.15, TITLED "AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO ADD NEW INCENTIVES INCLUDING A FLOOR LOT RATIO BONUS AND NEW MINIMUM UNIT SIZES FOR THE DEVELOPMENT OF PROJECTS PROVIDING HOUSING FOR MIXED -INCOME POPULATIONS AND TO PERMIT AFFORDABLE AND ATTAINABLE MIXED -INCOME DEVELOPMENTS ABUTTING A T3, "SUB -URBAN ZONE," TRANSECT ZONE BY PROCESS OF EXCEPTION WITH CITY COMMISSION APPROVAL; CLARIFYING LANGUAGE WITHIN MIAMI 21; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14052 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: Pursuant to Section 166.041(c), Florida Statutes, a motion was made by Commissioner Diaz de la Portilla, seconded by Commissioner Reyes, and was passed unanimously, with Commissioner Carollo absent, to hear PZ.15 before 5:OOp.m. Note for the Record: For minutes referencing Item Number PZ.15, please see "Order of the Day," Item Number PZ.1, and Item Number PZ.2. City of Miami Page 154 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 PZ.16 ORDINANCE First Reading 6608 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE Planning FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, AS AMENDED, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "PUBLIC PARKS AND RECREATION" OF APPROXIMATELY 1.87 ACRES OF A PORTION OF REAL PROPERTY LOCATED AT 5175 AND 5035 NORTHEAST 2 AVENUE AND FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE APPROXIMATELY 24.10 ACRES OF A PORTION OF REAL PROPERTY LOCATED AT 5175 AND 5035 NORTHEAST 2 AVENUE AND ALL OF 5125 NORTHEAST 2 COURT, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.16, please see "Order of the Day." City of Miami Page 155 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 PZ.17 ORDINANCE First Reading 6117 AN ORDINANCE OF THE MIAMI CITY COMMISSION PURSUANT TO Department of ARTICLES 3 AND 7 OF ORDINANCE NO. 13114, THE ZONING Planning ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY REZONING CERTAIN PARCELS FROM "T5- 0", URBAN CENTER -OPEN, AND "T5-R", URBAN CENTER - RESTRICTED, TO "CS", CIVIC SPACE, AND "T6-8A-0", "T6-8B-0", AND "T6-12-0", URBAN CORE -OPEN, FOR THE DEVELOPMENT OF APPROXIMATELY 25.97 ACRES (1,131,253 SQUARE FEET) FOR THE "SABAL PALM VILLAGE SPECIAL AREA PLAN" ("SAP") GENERALLY LOCATED AT 5175 NORTHEAST 2 AVENUE, 5035 NORTHEAST 2 AVENUE, AND 5125 NORTHEAST 2 COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", CONSISTING OF A PHASED PROJECT DIVIDED INTO A MAXIMUM OF FOUR (4) PHASES WHICH INCLUDE APPROXIMATELY 2,929 RESIDENTIAL DWELLING UNITS, 400 LODGING UNITS, 168,011 SQUARE FEET OF OFFICE SPACE, 296,297 SQUARE FEET OF COMMERCIAL SPACE, 43,760 SQUARE FEET OF SPECIAL TRAINING/VOCATIONAL SCHOOL, AND 4,782 PARKING SPACES; MODIFYING THE TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS AND WHERE A REGULATION IS NOT SPECIFICALLY MODIFIED BY THE SAP, THE REGULATIONS AND RESTRICTIONS OF THE MIAMI 21 CODE APPLY; THE SQUARE FOOTAGE NUMBERS ABOVE ARE APPROXIMATE AND MAY INCREASE OR DECREASE AT TIME OF BUILDING PERMIT BUT SHALL NOT EXCEED 5,899,658 SQUARE FEET OF TOTAL DEVELOPMENT AND SHALL CONTAIN A MINIMUM OF 195,272 SQUARE FEET OF CIVIC SPACE AND A MINIMUM OF 248,923 SQUARE FEET OF OPEN SPACE; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.17, please see "Order of the Day." City of Miami Page 156 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 PZ.18 ORDINANCE First Reading 6118 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT Planning PURSUANT TO CHAPTER 163, FLORIDA STATUES, BETWEEN SPV REALTY LC AND THE CITY OF MIAMI ("CITY") RELATING TO THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF NET 22.47 ± ACRES FOR THE SABAL PALM VILLAGE SPECIAL AREA PLAN ("SPV SAP") COMPRISED OF AN ASSEMBLAGE OF PARCELS LOCATED AT APPROXIMATELY 5175 NORTHEAST 2 AVENUE, 5035 NORTHEAST 2 AVENUE, AND 5125 NORTHEAST 2 COURT, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF REDEVELOPMENT OF LAND FOR MIXED USES; AUTHORIZING USES INCLUDING, BUT NOT LIMITED TO, RESIDENTIAL, COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, PARKING, AND ANY OTHER USES AUTHORIZED BY THE SPV SAP AND PERMITTED BY THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN — FUTURE LAND USE MAP DESIGNATION AND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PZ.18, please see "Order of the Day." END OF PLANNING AND ZONING ITEM(S) City of Miami Page 157 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 NA.1 11498 Office of the City Clerk NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Mercedes Rodriguez ENACTMENT NUMBER: R-22-0056 NOMINATED BY: Commissioner Alex Diaz de la Portilla MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Chair King: And also, I understand there's an appointment to the Bayfront Management Trust, BC.4? Todd B. Hannon (City Clerk): Yes. Thank you, Chair. BC.4, Bayfront Park Management Trust, Commissioner Diaz de la Portilla, will be reappointing Mercedes Rodriguez with a four -fifths employment waiver. Chair King: Second? All in favor? The Commission (Collectively): Aye. Chair King: Motion passes. Commissioner Diaz de la Portilla: Yes, I'm an ave. City of Miami Page 158 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 NA.2 11517 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. R-22-0031 ADOPTED FEBRUARY 7, 2022 IN ITS ENTIRETY. ENACTMENT NUMBER: R-22-0069 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Okay, and another housekeeping matter. I understand that there is a conflict for our redistricting meeting to take place on February 25th. There's a timing issue and one of our colleagues will not be able to attend at 10:00 a.m. Is there a better time for us? Vice Chair Carollo: 12 o'clock. Chair King: Does everybody agree? 12: 00? Okay. Mr. City Clerk? Todd B. Hannon (City Clerk): Yes. So, the first thing 1 would -- will need is that if there could be a motion to rescind Resolution Number R-22-0031. Vice Chair Carollo: Motion to rescind. Commissioner Diaz de la Portilla: I'll second that. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Any opposed? Motion carries. City of Miami Page 159 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 NA.3 11518 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL CITY COMMISSION MEETING ON FRIDAY, FEBRUARY 25, 2022 AT 12:00 P.M. NOON FOR THE PURPOSE OF CONSIDERING AND TAKING ANY AND ALL ACTIONS RELATED TO THE REDISTRICTING OF CITY COMMISSION DISTRICTS, INCLUDING, BUT NOT LIMITED TO, THE DRAFTING OF ANY RELATED MAPS AND BOUNDARIES. ENACTMENT NUMBER: R-22-0070 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Todd B. Hannon (City Clerk): And if there could be a new resolution or a new motion, excuse me, for a resolution that will call for the special meeting on February 25th, Friday, February 25th at 12:00 p.m. A special meeting is pertaining to the purpose of taking in any and all actions related to the redistricting of City Commission districts including but not limited to the drafting of any related maps and boundaries. Commissioner Reyes: Moved. Commissioner Diazde la Portilla: So move -- I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Any opposed? Motion carries. Mr. Hannon: Thankyou, Chair. City of Miami Page 160 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 NA.4 11519 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO RELEASE ANY AND ALL REPORTS, BODY WORN CAMERA RECORDINGS, AND RECORDS PERTAINING TO THE JANUARY 5, 2022 VEHICULAR COLLISION INVOLVING A MIAMI POLICE DEPARTMENT OFFICER TO EACH MEMBER OF THE CITY COMMISSION AND TO THE PUBLIC AS SOON AS SAID MATERIALS ARE AVAILABLE CONSISTENT WITH STATE LAWS AND THE MIAMI POLICE DEPARTMENT'S PUBLIC RECORDS POLICIES; FURTHER DIRECTING THE CITY MANAGER, UPON THE CONCLUSION OF ANY PENDING INVESTIGATION BY AN OUTSIDE AGENCY, TO COMMENCE AN INTERNAL INVESTIGATION TO DETERMINE WHETHER ANY CITY OF MIAMI AND/OR MIAMI POLICE DEPARTMENT PERSONNEL VIOLATED ANY CITY OF MIAMI ADMINISTRATIVE POLICIES OR ANY POLICE DEPARTMENTAL ORDERS, STANDARD OPERATING PROCEDURES OR STATE REGULATIONS PERTAINING TO OR STEMMING FROM THE INVESTIGATION OF SAID INCIDENT AND TO TAKE ANY APPROPRIATE ACTION UPON THE CONCLUSION OF THE INVESTIGATION. ENACTMENT NUMBER: R-22-0071 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Commissioner Carollo? Vice Chair Carollo: Yes? Chair King: Would you like to make a resolution, so you have the full weight of this body behind you? Vice Chair Carollo: I would, Madam Chair, and thank you. I wasn't going to do that, but I think that there should be a resolution to that effect where the full weight of this commission is heard. Because look, this could be any of us, this could be facture commissions. You can't have a handful of individuals that frankly have been the ones committing crimes here for some time, where neither Chief Colina before, nor the Deputy Chief nor any of the assistant chiefs, knew what was going on, because they were involved in black ops operation. And some of those operations were against people sitting up here. Okay. Chair King: Okay so -- Vice Chair Carollo: And, you know, right now, any one of us could be out in the street, any incident happens, and we have to be concerned as to whom comes from our own department that instead of coming to assist like they would any regular resident, they're going to come to see how they could defame and harm us. I mean this, I don't know what better example we could have. This is a car accident that, you know, we're very lucky nobody was hurt, and all of a sudden, they're trying to make it appear that an elected official involved in the car accident, another elected official that just came to make sure that everyone was fine, committed crimes. They're trying to get the Police Chief involved. They're trying to get the City Attorney involved. And, you know, one of the things, and Pm going to say it here, maybe next meeting, maybe City of Miami Page 161 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 next meeting, but it'll be in the March meeting. From up here, so that all these fine investigators front other agencies that claim they want to investigate so much, I'm going to show tens of thousands of dollars that have been spent in my former recall effort, and a little bit in this election, that didn't go through any campaign, didn't go through any PAC. I don't want to harm any other people that spend that money. I just want to find out who put the money in illegally. And other monies that, based upon information and belief was laundered. And so far, I'm counting maybe around $200, 000, maybe more. And everybody wants to talk nowadays about voter fraud. Well, I'm going to show in this election that I just ran, and I won by 65 percent, so no one could say that I'm a sore loser, that some of these same people that were being paid from all this money against me, and against some of us, frankly, they voted fraudulently in this election in the City of Miami when they didn't live in the City of Miami. And some of these same characters have been doing it in the past. So, I'm hoping this committee that the Governor says is going to be created, and I don't know where it's at in the legislature, gets formed right away, because I'm giving them the first clients, the very first clients. So, I hope somebody lets the Governor know, lets the committee know, that Joe Carollo has got the first clients for them, where they're not going to have to do much, just bring handcuffs, because I'm going to give them all the evidence of real voter fraud of people that voted in an election that did not live in the City ofMiami. Chair King: So, we have a resolution, do 1 have a motion? Vice Chair Carollo: Motion -- Commissioner Diaz de la Portilla: I will move it. Chair King: Second. So, we have a resolution for the City Manager to direct staff to provide reports regarding the incident that occurred on January 5th. Vice Chair Carollo: All the reports, all the body cam, as soon as the City possibly can to be made public. copies to the elected officials, copies to anyone in the public that would like them. Chair King: All in -- Vice Chair Carollo: Secondly, once this whole investigation is finished for our city whether it is strictly through internal affairs and regulations that I believe have been violated in the City ofMiami Police Department or any other rules and regulations of the City in general, to have an investigation to see who might have violated some of these rules. Chair King: All in favor? Commissioner Diaz de la Portilla: Aye. Vice Chair Carollo: Aye. Commissioner Diaz de la Portilla: Public comment. Chair King: Anyone here for public comment on this item? Seeing no one, all in favor? The Commission (Collectively): Aye. Chair King: Commissioner Russell, all opposed? Oh. Motion carries unanimously. Thank you. City of Miami Page 162 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 NA.5 11520 City Commission Commissioner Diaz de la Portilla: Thank you, Commissioner Carollo. Vice Chair Carollo: Well, this is not for you, Commissioner. I mean, very frankly. Commissioner Diaz de la Portilla: Thank you for the City of Miami. Vice Chair Carollo: This is for every elected official that the city has. This is for our good administrators and directors. Not all are that good, but we have good people that do not need to be smeared and defamed falsely, and for future -- Commissioner Diaz de la Portilla: Correct. Vice Chair Carollo: -- people who come to the city. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DE - ALLOCATING FUNDS IN THE AMOUNT OF SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00) ("FUNDS") PREVIOUSLY ALLOCATED ON SEPTEMBER 23, 2021, PURSUANT TO RESOLUTION NO. 21-0402 TO COVER COSTS ASSOCIATED WITH THE THREE KINGS PARADE; REALLOCATING SAID FUNDS TO COVER COSTS ASSOCIATED WITH THE CALLE OCHO MUSIC FESTIVAL. ENACTMENT NUMBER: R-22-0072 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For additional minutes referencing Item Number NA.5, please see "Order of the Day." Chair King: Before we hear from Commissioner Regalado on the Underline project, I would like to take up the two pocket items, Commissioner Carollo. Vice Chair Carollo: Yes, thank you so much. I appreciate it. The first pocket item is the resolution of the Miami City Commission reallocating funds to the amount of $75,000 previously allocated on September 23rd. 2021, pursuant to Resolution Number 21-0402, to cover costs associated with the Three Kings Parade, reallocating set funds to cover costs associated with the Calle Ocho Music Festival. The Three Kings Parade was not held this year. And Calle Ocho Music Festival, Carnival Miami, it's the biggest Hispanic festival in the country, if not the world. Chair King: Do I have a motion? Vice Chair Carollo: I motion. Commissioner Diaz de la Portilla: I move it. Commissioner Reyes: I'll second. Chair King: Okay. All in -- are there, is there anyone here for discussion? City of Miami Page 163 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 NA.6 11521 City Commission Todd B. Hannon (City Clerk): Chair, you actually -- you smartly have the non -agenda items read at the beginning of the meeting so that during the public comment period, someone could have commented. So, PII and PI2, there was public comment allotted earlier this morning. Chair King: Okay so -- Vice Chair Carollo: I mentioned that -- what was going to be coming. Chair King: Okay. So, all in favor? The Commission (Collectively): Aye. Chair King: Any opposed? Motion passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING SENATE BILL ("SB") 280, HOUSE BILL ("HB") 403, AND ANY SIMILAR LEGISLATION THAT WILL HINDER A LOCAL GOVERNMENT'S AUTHORITY TO REGULATE AND DELAY ENFORCEMENT OF LOCAL ORDINANCES; URGING GOVERNOR RON DESANTIS AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO OPPOSE SAID LEGISLATION; DIRECTING THE CITY MANAGER TO INCLUDE OPPOSITION TO SB 280 AND HB 403 TO THE CITY OF MIAMI'S 2022 LEGISLATIVE PRIORITIES; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-22-0073 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For additional minutes referencing Item Number NA.6, please see "Order of the Day." Vice Chair Carollo: The next one. Chair King: Pocket item 2. Vice Chair Carollo: Item 2 is the resolution of the Miami City Commission opposing Senate Bill 280, House Bill 403, and any similar legislation that will hinder a local government's authority to regulate and delay enforcement of local ordinances. Urging Governor Ron DeSantis and the members of the Florida Legislature to oppose said legislation, directing the City Manager to include opposition to SB-280 and HB-403 to the City of Miami's 2022 legislative priorities, directing the City Clerk to transmit a certified copy of this resolution to the officials named herein. Commissioner Diaz de la Portilla: I'll move it. Commissioner Reyes: I second it. City of Miami Page 164 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 NA.7 11522 City Commission Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Any opposed? Motion carries. Commissioner Reyes: I'm going to make a comment on this. I think that we have to stop the State dictating what we can do and we cannot do, and tying our hands and I agree with it. Good resolution. Vice Chair Carollo: Well, don't get me going because -- Commissioner Reyes: Yes, I know, 1 know. I don't want to get you going because 1 know you're going (UNINTELLIGIBLE). Vice Chair Carollo: Well, no, on this one, it's -- I can't believe that this is coming from Tallahassee. I really can't. I mean, you were up there for many years. You know how the monster works. I don't, and I don't pretend to know how it works. But how in the heck can people be complaining of States' rights, that Washington has no right to tell states what to do, and the State now wants to tell local governments what to do, but worse than that, put us in -- really harm's way. 1 don't know. The world is upside down. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING, IN ITS ENTIRETY, CITY OF MIAMI RESOLUTION NO. R-21-0515 ADOPTED ON DECEMBER 9, 2021. ENACTMENT NUMBER: R-22-0074 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Raquel Regalado: Please Commissioner Carollo. Commissioner Reyes: I move -- Vice Chair Carollo: I will make the -- well, I'll make it to unfreeze the funds. Commissioner Russell: Second. Chair King: I heard a second. Vice Chair Carollo: What I'd like to do, if we can, Meg, Irene, you're certainly welcome to come, Commissioner. If we can meet with the neighbors on the area, which is my side of Silver Bluff where all those trees were cut from and try to talk to them and see how we could work in planting trees that someday will bring back the canopy. Vice Chair Carollo: Because right now what I'm seeing -- Ms. Regalado: Happy to do that. City of Miami Page 165 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Vice Chair Carollo: -- are those scrub palms that frankly those are the ones that all the nurseries can't get rid of. They can't sell. You know, and that's not going to do it. Ms. Regalado: Right. Commissioner Reyes: Okay. We have a motion. Ms. Regalado: Happy to do that and I'll be there too. Chair King: Okay. Vice Chair Carollo: Thank you. Chair King: So, we need a motion to rescind the resolution that froze the funds. Vice Chair Carollo: Motion. I motion to rescind. Commissioner Reyes: Moved by Carollo, second by (UNINTELLIGIBLE) -- Nzeribe Ihekwaba (Deputy City Manager): Madam Chair. Madam Chair. I will highly recommend that the Administration be part of these meetings with the neighborhood, with the counties (UNINTELLIGIBLE). Vice Chair Carollo: And parks that have done some already could do it. We could even bring our tent and we could do it in our parkland that we have there. Mr. Ihekwaba: Okay, sir. Chair King: Okay. Ms. Regalado: If you want, I'll even bring plants. Chair King: Okay. So, I have a motion and a second. Madam City Attorney, do you have the resolution number? Victoria Mendez (City Attorney): I don't know that it was per se a resolution number. I think it was just a motion. But it's just a motion to rescind any freeze on the funds and to move forward as originally. Chair King: Okay. Commissioner Reyes: Has been moved and second. Chair King: Moved and second. Do I need public comments, City Clerk? Todd B. Hannon (City Clerk): I believe there was a resolution that was passed. Resolution R-21-0015. If you can just give me just a moment to -- just a moment. Just so we can make sure that if that resolution needs to be rescinded, that it's rescinded. (COMMENTS MADE OFF RECORD) Ms. Regalado: So, Commissioner Carollo, we'll bring DERM (Department of Environmental Resources Management) staff, and if you want, I'll even bring some plants from the County so that the neighbors can take them home. Vice Chair Carollo: Great. City of Miami Page 166 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Ms. Regalado: We'll have a meeting, we'll have a planting -- Vice Chair Carollo: That would be fantastic. Ms. Regalado: -- we'll talk Underline, I can bring the butterfly guy. Commissioner Reyes: And now everybody's asking, I would like to be there and see what kind of trees I get on my side of it. Vice Chair Carollo: That's what I'm going to do -- Ms. Regalado: You're next. Vice Chair Carollo: -- I would like to have Commissioner Reyes there so he could help lobby for the poinsettias. Ms. Regalado: Deal. Deal. Chair King: Okay. So, Todd? Mr. Hannon: We'll find the resolution number. Chair King: Okay. All in favor? The Commission (Collectively): Aye. Chair King: Motion passes unanimously. Ms. Regalado: Thank you. Chair King: Thank you. Ms. Regalado: Thank you so much. Thank you very much. [Later...] Chair King: The City Clerk would like to read into the record the resolution number for -- Todd B. Hannon (City Clerk): Thank you, Chair. The resolution number pertaining to the Underline that was rescinded was resolution R-21-0515. Chair King: Thank you, Todd. City of Miami Page 167 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 NA.8 11524 City Commission DISCUSSION ITEM UPDATE STATUS BY THE COUNTY COMMISSIONER REGALADO REGARDING ISSUES IN THE CITY OF MIAMI: PLAYHOUSE AND PEACOCKS. RESULT: DISCUSSED Raquel Regalado: And quickly, whatever issue you guys want me to talk about, I've told you several times, I'm happy to come down and tell you what we're doing at the County. Regarding the connectivity of the bike pass, I will -- I would make this recommendation. You have a seat on the TPO (Transport Planning Organization). That seat is currently occupied by the mayor. Maybe one of you should take that seat and attend. That would be the place for us to talk about the connectivity issue. I attend every TPO meeting, not every commissioner does. It's a little onerous, but that's where we have these conversations about long-term planning and a lot of the planning and decisions that are made there are then carried on to the County. So, when we talk about these pedestrian bike paths and when and where they connect, just like when we talk about the bridges, many of which are very controversial, it starts first at the TPO. So, I would recommend that you attend there and then we can have an open conversation about it and we can actually bring County staff walk through the whole process, and make it a collaborative effort. Vice Chair Carollo: Did I hear that the mayor wasn't having the time to attend? Ms. Regalado: I haven't seen him lately at the TPO, but just a suggestion. Vice Chair Carollo: Where did we end up with the Coconut Grove Playhouse? Ms. Regalado: The Playhouse, I sent you all a letter regarding, you know, obviously I've been empowered by my board to negotiate a settlement. I presented some changes. We had several meetings. We have the support of several stakeholders. The project is fully funded. If you did not support the appeal, then we would just submit our permits. And that's where we are on the -- on the Playhouse. There really is nothing more that I could do on my side and like I communicated in the letter, this money has been sitting around at the County for quite a long time, and the State has asked us as to why we haven't moved forward on this lease. I did spend a lot of time researching the lease, what changes we could make. I worked with the architect and with the County to see what we could do. Some of the changes that we made, I think, are very beneficial. I did add components that I think are important. It now has a pocket park. It has an MOU (Memorandum of Understanding) with the schools. It has more educational programming. And Gable Stage, which will become Grove Stage, also committed to all those changes. A lot of time has passed, but at this point, I really think that we need to make a decision. I'm going to be forced to go back to my board, and that unfortunately will bring a reallocation of that bond money, and I'm -- Vice Chair Carollo: How much money is there? Ms. Regalado: Well, we have -- we have -- the project is fully funded. So over time, we needed 10 million, but since time has passed, we already have that from the parking garage. So, we're ready to go. The fear is that we keep it shuttered and it will be demolition by neglect. And I just don't want to be responsible for that. So, like I said in the letter, you know, I know that the mayor has said that he has an alternative plan. I haven't seen any legislation or any money for this alternative plan. So, if you all want to do something different, then I'mhappy to take to my board to cede our position to you and then you can go to the State and you guys can do whatever you City of Miami Page 168 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 like and you can deal with this vest. But we've kind of come to the end at the county. We can't do anything more. Commissioner Diaz de la Portilla: And Commissioner, Madam Chair. Ms. Regalado: Yes. Commissioner Diaz de la Portilla: So what you have for us is $10 million available? Ms. Regalado: Well, the bond money that we have, my board has to decide what they're going to do with it. You know, what the parking structure has generated in the time that we've been in litigation covered the difference that the County was asking for the City. So right now, there is no financial ask for the City of Miami, we would just build the project with the parking authority. Commissioner Diaz de la Portilla: Okay. (COMMENTS MADE OFF RECORD) Commissioner Diaz de la Portilla: And that will be which of the two -- which of the two proposals, there was a huge debate about a couple of years back. Ms. Regalado: Right. Commissioner Diaz de la Portilla: So, the larger -- the larger, -- the larger playhouse or the smaller playhouse? Ms. Regalado: This is the smaller -- this is the smaller version of it. Commissioner Diaz de la Portilla: The 350 plus seats, right? Ms. Regalado: Right. It keeps intact the original theater, but it does demo the back of it. What I changed was now the back of it looks like the back that's there now. The issue is the City of Miami has approved a parking structure with only 320 parking spaces. So, no matter how big you make the playhouse, you only have so many parking spaces. Commissioner Diaz de la Portilla: The City of Miami or the Miami Parking Authority? Ms. Regalado: The City of Miami approved the parking structure and it cannot be bigger than 320 spaces. Commissioner Diaz de la Portilla: Okay. Ms. Regalado: And that's one of the issues that we have when we meet with the adjacent neighbors. You can imagine that the Playhouse has been shuttered for 15 years. So those neighbors don't remember an activated playhouse. And now we're talking about, you know, 200 plus seats, we need to have the adjacent parking structure. If we go bigger than that, A, it costs a lot more money and the County is not open to the idea of a bigger theatre and completely changing the plans that they've already committed to. That's what's been approved by our board and by yourself. If we go bigger, the parking lot's going to stay the same. And I don't think that the residents are -- well, they said that they're not open to that many more people. You guys dealt with the issue of Charles Street and the hotel and what happened, you know, with a much, much smaller structure. It is now a very residential area, and we all want to activate it, but we also have to be cognizant that it's been dormant Ibr 15 City of Miami Page 169 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 years. I think that there's a desire to go back to the heyday of the Playhouse, but as 1 mentioned in the letter and in the presentations, the reality is that we have the Arsht Center, we have the Miami -Dade Convention Center, we have a lot of bigger venues. So, it really cannot compete. We can't get in a time machine and go back to a Miami where it was the biggest venue, and that area has changed. What I want to provide is connectivity to the West Grove, something that's beautiful, that's open, that children in local schools can participate in, and that also alleviates some of the parking issues. Some of the folks that are for the bigger, the bigger playhouse say that there isn't a parking issue. I think everyone in Coconut Grove would disagree. And we did also bring in the local schools that support it. They're going to be -- they're going to have priority to use the parking structure during the day when it's not being used by the Playhouse, and that's something that the neighbors were very happy about because there is -- it's very difficult in and out during those peak times. So really, the ball's in your court. You all are supporting this appeal. If you dropped your support of that appeal, we would just submit our permits. Chair King: Thank you. Ms. Regalado: Do you want to hear about the peacocks real quick? Chair King:: No. Ms. Regalado: Next time. Next time. Chair King: Next time. Thank you. Ms. Regalado: Thank you for your time. Vice Chair Carollo: I do -- I am concerned that I'm seeing very, very few peacocks in Coconut Grove. Commissioner Reyes: (UNINTELLIGIBLE). Ms. Regalado: So, they've all moved to Pinecrest, really, that's really the answer. They've all moved to Pinecrest in South Miami, and no one wants to hurt the peacocks. So, it really, is about finding how to move them from one place to the other without hurting them and we have a lot of complaints now during mating season. This really wasn't about the Grove. As many of you know, the City of Miami is a bird sanctuary and I represent all the way up to 140th. So, my issue is my other cities that have flocks of them. So, in Pinecrest we have 30, 40 in certain areas together and that's really the issue. Vice Chair Carollo: I think in Coconut Grove, that's the area, that's the bird sanctuary. Ms. Regalado: Yes. Vice Chair Carollo: Little Havana, it's a different kind of bird. The rooster. Commissioner Reyes: The rooster. Ms. Regalado: Well, on the books, on the books, the City of Miami is a bird sanctuary. How that all plays out is a different story. But we're really trying to allow the municipalities to find solutions to areas where they just have too many. And again, we're seeing it in places where they have acres and acres, right? So, it's very different when you have 20, 30, 40 of them. City of Miami Page 170 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 NA.9 11499 City Commission Vice Chair Carollo: Well, this is starting to end up like the rooster patrol. Ms. Regalado: It's not chicken busters. We're not going there. You and 1 both know that story. We're not going there. Vice Chair Carollo: Drive around the Grove, you 're not going to see too many anymore. So, someone is getting rid of them as fast as they can. Ms. Regalado: Well -- Chair King: Thank you Commissioner. Ms. Regalado: You're welcome. Happy to talk about it. And we're actually working with Fish and Wildlife. So, we found a few sanctuaries and we just want to give people options when the populations get too large. Vice Chair Carollo: Alright. Thank you. Chair King: Thank you. Ms. Regalado: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER CHRISTINE KING AS CHAIRPERSON OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY. ENACTMENT NUMBER: R-22-0057 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Commissioner Russell: So, the only remaining -- Chair King: They deferred. Commissioner Russell: is the board -- the board appointments is the only remaining. Chair King: The only remaining item is the board appointments'. Vice Chair Carollo: Okay. Chair King: All right. So, I understand, and I'm the newest one on the body, that it is now time for us to reappoint chairpersons to various boards. I'll start with requesting that I am -- Todd B. Hannon (City Clerk): Chair, it can be handled in many different ways. You can do the vote in one fell swoop. You can take it in blocks. Chair, Vice Chair, and then the outside agencies, you can do them one at a time. Chair King: Well, that's what I'm doing. Okay. Mr. Hannon: It's the will of the body. City of Miami Page 171 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 NA.10 11500 City Commission Chair King: Well,1 am requesting to he reappointed to the Southeast Overtown -- Vice Chair Carollo: Move. Chair King: Second? Commissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER ALEX DIAZ DE LA PORTILLA AS CHAIRPERSON OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY. ENACTMENT NUMBER: R-22-0058 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de Ia Portilla, Reyes NAYS: Russell Commissioner Diaz de la Portilla: Madam Chair? Chair King: Yes? Commissioner Diaz de la Portilla: I would like to move that I be appointed as chairman of the Omni CRA (Community Redevelopment Agency). Chair King: Do I have a motion? Commissioner Diaz de la Portilla: I moved it. Chair King: Is there a second? Commissioner Reyes: (INAUDIBLE) Commissioner Russell if he was definitely leaving, and you are leaving. You said that. Commissioner Russell: My term ends in 2023, so I'm leaving in 2023 regardless. Commissioner Reyes: But no, you're talking -- you're going into the primaries. You will have to resign pretty soon. Commissioner Russell: Not until 2023. Commissioner Reyes: Until 2023. Well, I made my decision and I second the motion. Commissioner Diaz de la Portilla: Thank you. Chair King: Okay, so I have a motion and a second. Is there any further discussion? City of Miami Page 172 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Commissioner Russell: Yes, please. 1 have. We have ping ponged this one before. and I think switching horses midstream is -- it causes a little disruption. Considering the school board's vote this week, this is something 1 worked on for over four years now with the school board to get their nine acres back on the rolls. We have a memo of understanding between the Omni CRA and the school board. I'm really excited to get as much done as I can while I'm here. I'm very proud of this still being, you know, I know we share this in our district between us, and I'd love to continue that work. We also share staff between the Omni CRA and the Coconut Grove CRA. It's not a major issue, but I would like to continue that work. I serve those residents and I'm very proud of it. 1 do hope to count on Commissioner Diaz de la Portilla's support on that board because we -- we're doing a lot of good things together. The TIF (Tax Increment Financing) deals and grants that have been written, all of this hinges on the CRA getting extended. So, we have a lot of work to do. But 1'd love to work together with you all as your chair. Commissioner Reyes: I agree with you that -- I mean, I think that that project that you're talking about, you see, it is a project that I've been hearing for a long, long time, and even when Commissioner Diaz de la Portilla was there. And that, in my opinion, in my opinion, it will require that the City -- I mean, the Overtown Park West of the Omni area, the Omni CRA, will have to back bond for a very extended time that it could go beyond, beyond of the existence -- and right now we have a little problem with the Omni CRA -- with something that really upsetted [sic] me was the deal that was made with the County that allows the county to retrieve their contribution and leave those hanging with, 1 mean, they are retrieving the $10 million and they're going to use it, which is a bad deal and I am very upset because of that. Very upset because of that deal. And now we are the ones that are contributing the most. We are going to be contributing $19 million and that is the case there is no more CRA because that TIF that has -- the park on the county, it is not used on the Omni area and it is only the City park that is going to be extended, and that is not even fair for the rest of the -- and that upsetted [sic] me a lot. Chair King: Let me -- Commissioner Carollo do you have anything to add? Vice Chair Carollo: I do. I do. Commissioner Diaz de la Portilla, you heard what Commissioner Reyes stated on the County deal. I think we have another six years, am I right, Commissioner Russell, left in the life of this CRA, the Omni CRA? Commissioner Diaz de la Portilla: Yeah, 2028. Vice Chair Carollo: You have one commissioner that feels that this is wrong. You've got a second one that feels the same way. Commissioner Diaz de la Portilla: And a third one. Vice Chair Carollo: But that's where I'm going. I want an absolute commitment with you. Commissioner Reyes: Yes. Vice Chair Carollo: I want a commitment from you that you will not vote for this up here in favor of the County's resolution. Commissioner Diaz de la Portilla: You have a 110% commitment. Vice Chair Carollo: And let me tell you what has happened here. I'd rather take -- I'd rather let it die, and then we create our own entity with the monies we were getting from there, than to go forward in this deal. And why? The money that they're giving City of Miami Page 173 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 us, they're not really giving it to us. They're stating that that money is going to go to arts facilities, meaning the performing arts, meaning the museums. So what they're doing is, with CRA money that was supposed to go for a blighted area -- Commissioner Diaz de la Portilla: County facility. Vice Chair Carollo: -- they're taking care of the commitments that they have long- term -- Commissioner Diaz de la Portilla: And the port tunnel. Vice Chair Carollo: -- for the performance arts center, for the museums, and then on top of that, they won a say-so from the County Commission on our portion of our money. Commissioner Reyes: (INAUDIBLE). Vice Chair Carollo: So, to me, that's a non -deal, because right now the City of Miami has $25 million per year that we're putting from our tax revenue into the Omni CRA. In six years from now that's going to be probably closer to $35 million. And with this $25 million right now, we -- into the future, we could bond that out right now and probably have close to, certainly no less than some $600-$700 million and we create whatever we want to call it there or we bring it into the general fund. Now, one thing this City needs is transportation. We need to connect our city from one end to the other. Metrorail only does a little bit of that. The bus system we have only does a little bit, and so does the trolleys that we have. But with that kind of money, and now with the new money coming from the feds, we could connect with Metrorail, with people mover, underground, above ground, in space, I don't care what, our whole city so that, you know, our most needy can move from one place to the other. They don't have to depend on a car, and they can go to work in different places and make a living and not be stuck in an area because they can't afford a car, and transportation as we know it, and we all know, it is non-functional in this city. So that commitment I want from you. Secondly, please, I don't want you to step in any more land mines there. I don't want to create a tidal wave, a tsunami. And I think you understand exactly what I'm saying. So, with that commitment from you, I will go forward because, I mean, I asked this at the last meeting that we had, and Commissioner Russell stated to me, he stated to all of us, he's running. And I was surprised when I heard this, it's why I said what I did. So, if he's going to be running in the primary, he's not going to be pulling out, then it really doesn't matter if he's there a few more months or not and -- Commissioner Diaz de la Portilla: Well, Madam Chair. Chair King: I think we have a motion and a second, and I believe we're ready to vote. All in favor? Commissioner Diaz de la Portilla: Aye. Commissioner Russell: No. Vice Chair Carollo: Aye. Chair King: Motion carries. Todd B. Hannon (City Clerk): 4-1. Commissioner Diaz de la Portilla: Thank you, commissioners. City of Miami Page 174 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 NA.11 11501 City Commission NA.12 11504 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER KEN RUSSELL AS CHAIRPERSON OF THE MIDTOWN COMMUNITY REDEVELOPMENT AGENCY. ENACTMENT NUMBER: R-22-0059 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: The Midtown CRA (Community Redevelopment Agency), do I have a motion? Commissioner Diaz de la Portilla: I move that Commissioner Russell be appointed chairman of the Midtown CRA. Chair King: Any discussion? All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER MANOLO REYES AS CHAIRPERSON OF THE DOWNTOWN DEVELOPMENT AUTHORITY. ENACTMENT NUMBER: R-22-0061 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Chair King: Downtown Development Authority. Commissioner Diaz de la Portilla: I move that Commissioner Manolo Reyes be named chairman of the Downtown Development Authority. Chair King: Second. All in, favor? The Commission (Collectively): Aye. Chair King: Motion carries. Unanimously. City of Miami Page 175 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 NA.13 11503 City Commission NA.14 11507 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER JOE CAROLLO AS CHAIRPERSON OF THE BAYFRONT PARK MANAGEMENT TRUST. ENACTMENT NUMBER: R-22-0060 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Bayfront Park Management Trust. Commissioner Diaz de la Portilla: I move that Commissioner Joe Carollo be named chairman of the Bayfront Park Trust. Chair King: Commissioner Reyes second. All in favor? The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER CHRISTINE KING AS VICE CHAIRPERSON OF THE WEST GROVE COMMUNITY REDEVELOPMENT AGENCY. ENACTMENT NUMBER: R-22-0064 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Commissioner Diaz de la Portilla: I also move that Madam Chair, you be named Vice Chairman of the Coconut Grove CRA (Community Redevelopment Agency). Chair King: Where is that? Commissioner Diaz de la Portilla: It's the next list. It's vacant. Chair King: Ah, okay. Is there a second? Commissioner Russell: Yes. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 176 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 NA.15 11508 City Commission NA.16 11506 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER JOE CAROLLO AS VICE CHAIRPERSON OF THE MIDTOWN COMMUNITY REDEVELOPMENT AGENCY. ENACTMENT NUMBER: R-22-0065 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Midtown CRA (Community Redevelopment Agency) Vice Chair, is there a motion to reappoint Commissioner Carollo? Commissioner Diaz de la Portilla: So moved. Chair King: Is there a second? All in favor? The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER JOE CAROLLO AS VICE CHAIRPERSON OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY. ENACTMENT NUMBER: R-22-0063 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Chair King: Omni CRA (Community Redevelopment Agency) Vice Chair. Todd B. Hannon (City Clerk): Wait, I'm sorry, for -- Barnaby Min (Deputy City Attorney): Who's the seconder? Mr. Hannon: Oh, I'm sorry. My apologies. Commissioner Diaz de la Portilla: Vice Chair. Mr. Hannon: Yes, no, understood. Commissioner Diaz de la Portilla: Yes. Chair King: Okay. We're on the Omni CRA Vice Chair. Commissioner Diaz de la Portilla: I move that Commissioner Joe Carollo be reappointed as Vice Chair. Chair King: Is there a second? Vice Chair Carollo: Yes. City of Miami Page 177 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 NA.17 11505 City Commission Chair King: All in favor? The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER DIAZ DE LA PORTILLA AS VICE CHAIRPERSON OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY. ENACTMENT NUMBER: R-22-0062 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Southeast Overtown Park West CRA (Community Redevelopment Agency) Vice Chair? Commissioner Diaz de la Portilla: Who is it now? Vice Chair Carollo: Move. Commissioner Diaz de la Portilla: I move that I be reappointed Vice Chair of the Overtown CRA. Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Okay. Commissioner Diaz de la Portilla: I'm doing it off of memory Madam Chair, so you've got to help me here. I don't have a list. City of Miami Page 178 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 NA.18 11510 City Commission NA.19 11511 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER CHRISTINE KING AS A MEMBER OF THE GREATER MIAMI CONVENTION & VISITORS BUREAU. ENACTMENT NUMBER: R-22-0066 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Well okay. I would like to be appointed to the Greater Miami Conventions Bureau. Commissioner Diaz de la Portilla: That's mine now. So, I move that you be appointed to the Greater Miami Conventions and Visitors Bureau. Chair King: I second. Thank you. Commissioner Diaz de la Portilla: I move that all remaining appointments remain the same. Todd B. Hannon (City Clerk): Sony, if we just get a vote on the Greater Miami Conventions and Visitors Bureau. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER CHRISTINE KING AS A MEMBER OF THE MIAMI-DADE COUNTY TOURIST DEVELOPMENT COUNCIL. ENACTMENT NUMBER: R-22-0067 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Chair King: I'd like to be the -- I'd like to be appointed to the Miami -Dade County Tourist Development Council. Commissioner Diaz de la Portilla: Also? Chair King: I mean, you have one, two -- Commissioner Diaz de la Portilla: I only have two. Vice Chair Carollo: Well one goes with the other one. City of Miami Page 179 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 Commissioner Diaz de la Portilla: Yes well -- Chair King: You've got one, two, three, four. You've got four. Commissioner Diaz de la Portilla: I move that you be appointed to the Development - - the Tourism Board. Chair King: Thank you. I second. Vice Chair Carollo: You know why he wants to be in that board, don't you? Chair King: Why? Vice Chair Carollo: Because he gets early information on all the good deals to travel. Commissioner Diaz de la Portilla: The flights. The cruise ships. Chair King: Do I have a second? Commissioner Russell: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. NA.20 RESOLUTION 11513 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING MEMBERS City Commission OF THE MIAMI CITY COMMISSION AS MEMBERS ON VARIOUS AGENCIES. APPOINTED AS MEMBER: Commissioner Ken Russell of the Florida League of Cities Commissioner Alex Diaz de la Portilla of the Miami -Dade County League of Cities Commissioner Alex Diaz de la Portilla of the Miami River Commission ENACTMENT NUMBER: R-22-0068 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Commissioner Diaz de la Portilla: I move the remaining board appointments remain the same, including Commissioner Russell's. Chair King: Do we have a second? Commissioner Russell: Yes. Vice Chair Carollo: Second. Chair King: All in favor? City of Miami Page 180 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 NA.21 11525 City Commission The Commission (Collectively): Aye. Chair King: Motion carries. ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE FEBRUARY 24, 2022 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 RT & S INVESTMENT GROUP, LLC VS. CITY OF MIAMI, CASE NO. 14- 32239 CA 27, PENDING IN THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIR CHRISTINE KING, VICE-CHAIRMAN JOE CAROLLO, AND COMMISSIONERS ALEX DIAZ DE LA PORTILLA, KEN RUSSELL, AND MANOLO REYES; CITY MANAGER ART NORIEGA, V; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; SENIOR ASSISTANT CITY ATTORNEY CHRISTOPHER A. GREEN, AND ASSISTANT CITY ATTORNEYS ERIC EVES AND BRANDON FERNANDEZ. 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: I believe this concludes our Commission meeting. Barnaby Min (Deputy City Attorney): Yes, Madam Chair. Before we conclude, you can pack up, but I do need to read a statement into the record for a shade meeting we need to have at the next meeting. But there's no need for -- Vice Chair Carollo: When is the shade meeting? Chair King: When is the shade meeting? Mr. Min: It's concerning a litigation case that is -- City of Miami Page 181 Printed on 05/07/2024 City Commission Meeting Minutes February 10, 2022 ADJOURNMENT Vice Chair Carollo: When? Mr. Min: I'm sorry? Vice Chair Carollo: For when? Mr. Min: For next meeting, February 24th. Vice Chair Carollo: Okay. Chair King: Okay. Mr. Min: 1'in sorry. Chair King: No, we had an executive session. Mr. Min: Correct. So, everyone can pack up. I just need to read it into the record. Chair King: So, could you please read that into the record? Mr. Min: Thank- you, Madam Chair and members of the City Commission. Pursuant to the provisions of Section 286.011, subject to Section 8 of the Florida Statutes, I am requesting that at the City Commission meeting on February 24th, 2022, an attorney - client session closed to the public be held for the purpose of discussing the pending litigation in the matter of RT&S Investment Group LLC. versus City of Miami, Case Number 14-32239 CA-27 pending in the Circuit Court in and for Miami -Dade County to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations and strategy discussions related to litigation expenditures. This private meeting will begin at approximately 10: 00 a.m. or as soon thereafter as the Commissioner's schedule permits 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, and Commissioners Alex Diaz de la Portilla, Ken Russell, Manolo Reyes, City Manager Art Noriega, City Attorney Victoria Mendez, Deputy City Attorneys John Greco and Barnaby Min, Senior Assistant City Attorney Christopher Green and Assistant City Attorneys Eric Eves and Brandon Fernandez. A certified court reporter will be present to ensure the session is fully transcribed, the transcript will be made public upon the conclusion of the litigation. At the conclusion of the 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: Meeting adjourned. The meeting adjourned at 7:15 p.m. City of Miami Page 182 Printed on 05/07/2024