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HomeMy WebLinkAboutCC 2022-04-14 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, April 14, 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 April 14, 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 14th day of April 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 8:54 a.m., for presentations and proclamations only. Upon conclusion of presentations and proclamations, the Commission Meeting was called to order by Chairwoman King at 9:23 a.m., recessed at 11:21 a.m., reconvened at 2:11 p.m., and adjourned at 3:31 p.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: We are now going to begin with an invocation from Pastor Strange of the Mount Calvary Church in Liberty City. Please, Pastor, come forward, honor us with a prayer to begin our meeting. Invocation delivered. Chair King: Thank you. And it's your anniversary, right, Pastor? Pastor Strange: Yes, ma'am. Chair King: What anniversary is that? Pastor Strange: Fifteenth. Chair King: Fifteenth anniversary serving our community. Applause. Pastor Strange: Yes. Chair King: Thank you so much for honoring us. Thank you. Commissioner, would you honor us with the Pledge of Allegiance. Commissioner Diaz de la Portilla: Of course. Please stand. Commissioner Reyes, good? Thank you, Pastor. Pledge of allegiance delivered. Commissioner Diaz de la Portilla: Thank you, Madam Chairwoman. Chair King: Thank you. City of Miami Page 1 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 11792 PROTOCOL ITEM Honoree Presenter Protocol Item Marie Lourdes Saintlime Mayor Suarez Certificate of Merit National Community Development Week Mayor Suarez Proclamation Rosalina Barrial Mayor Suarez Certificate of Merit Luis Pla Mayor Suarez Commendation RESULT: PRESENTED 1) Mayor Suarez and Commissioners presented a Certificate of Merit to Ms. Marie Lourdes Saintlime. Ms. Saintlime is the proud owner of Joyce Beauty Salon, longest standing Beauty Salon in Little Haiti. Marie immigrated from Haiti during the 1970's. She entered the United States with one goal in mind: to live the American Dream. The American Dream to her was to have a family, own a business, and to be an exemplary citizen. She successfully completed all her requirements. In 1990, she opened the doors to Joyce Beauty Salon. The Beauty Salon would not only service customers but be of service to the community. In 1992, she started the tradition of "Gratis Tuesday" washing hair for the elderly for free. She has also volunteered countless hours at St. Paul Episcopal Church in the City of Miami. Marie also enjoys cooking meals and giving away plates of food to the homeless. She lives by the Golden Rule of "Do unto others as you would have them do unto you. " Elected Officials paused in their deliberations to pay tribute and recognize her great efforts and achievements while thanking her for elevating the quality of life in the City of Miami. 2) Mayor Suarez and Commissioners presented a Proclamation to the City of Miami Community Development Department in recognition of National Community Development Week. The week of April 11-15, 2022, has been designated as National Community Development Week to celebrate the Community Development Block Grant (CDBG) Program. CDBG Program provides annual funding and flexibility to local communities to provide decent, safe, and affordable housing, a suitable living environment, and economic opportunities to low -and moderate -income people. The City of Miami has received a total of $16, 656, 377 in CDBG funds and has funded a variety of projects that have directly benefited our citizens and neighborhoods and received an additional $8,053,347 in supplemental CDBG-CV funds under the CARES Act in 2020 to address COVID-related efforts. Elected Officials paused in their deliberations to honor and commend the City of Miami's Community Development Department and its employees for their invaluable contributions to our community and thereby proclaimed the week of April 11-15, 2022, as "National Community Development Week" in the City ofMiami. 3) Mayor Suarez and Commissioners presented a Certificate of Merit to Ms. Rosalina Barrial. Ms. Barrial is an educator and the founder of Sunflowers Academy located in the City of Miami Little Haiti area. Ms. Barrial helps to provide a meaningful education. She was born in Cuba and completed her studies City of Miami Page 2 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 in early childhood education. She later arrived in Miami after escaping the dictatorial regime in Cuba. Shortly after she learned English and revalidated her education certification and in 1995, she founded the school. Her efforts, achievements, and commitment to the students in the City of Miami is invaluable. Elected Officials paused in their deliberations to pay tribute and recognize her great efforts and achievements while thanking her for elevating the quality of life in the City of Miami. 4) Mayor Suarez and Commissioners presented a Commendation to retired City of Miami Police Officer, Mr. Luis Pla. Mr. Pla served in the Army and the City of Miami Police department for 24 years and has demonstrated his continued commitment to public service. In November 2021, he teamed up with the City of Miami Police Department and conducted a beautification project for Ms. Teresita Canalejo's home. Ms. Canalejo is the mother of a fallen police officer Mr. Oswaldo Canalejo. On May 2021, Mr. Pla took a redesigning and rehabilitating project for the grounds of Fairlawn Elementary School with the assistance of faculty and students. Elected Officials paused in their deliberations to pay tribute, commend and recognize his great efforts and achievements and celebrated Police Officer Brotherhood, while thanking him for elevating the quality of life in the City of Miami. ORDER OF THE DAY Chair King: -- Chambers for the City of Miami. We are going to begin with our Proclamation/Presentations. Lets get started. I have Commissioner Manolo Reyes with us today and Commissioner Ken Russell as well as Commissioner Alex Diaz de la Portilla. We're going to get started with our recognitions. is there someone from the Mayor's Office here? No. We have several presentations today, so which one are we going to start with? Presentations made. Chair King: Now let's get this party started. I am calling the meeting to order. It is now 9..27. Madam City Attorney, would you please read into the record your statement. Victoria Mendez (City Attorney): Thank you, Madam Chair. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the Code of the City of Miami must register with the City Clerk and comply with the related City requirements. for lobbyists before appearing before the City Commission. Any person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available at the City Clerk's' Office or online at ivwwmunicode.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 this Code section is available at the Office of the City Clerk or online at www.municode.com. The City of Miami requires that anyone requesting action by the City Commission must disclose, before the hearing, any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda will be entered into the record at the City Commission's discretion. In accordance with Section 2-330 and (g) of the City Code, the agenda City of Miami Page 3 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 and the material for each item on the agenda is available during business hours at the City Clerk's Office and online, 24 hours a day, at www.miamigov.com. Any person may he heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission takes action unless modified by the Chair. Public comment will begin at approximately 9:30 and remain open until the public comment is closed by the Chair. Members of the public wishing to address the body may do so by submitting written comments via the online comment form. Please visit www.miamigov.com/meeting instructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been and will be distributed to the elected officials and City Administration throughout the day so that the elected officials can consider the comments prior to taking any action. Additionally, the online comment Arm will remain open during the meeting to accept comments and distribute up until the Chair closes public comment. Public comment may also be provided at City Hall located at 3500 Pan American Drive, subject to any and all City rules, as they may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The City has provided different public comment methods to indicate, among other things, the public support, opposition or neutrality on items and topics to be discussed at the City Commission meeting in compliance with Florida Statute 286.0114 (4)(c), Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity in time before the meeting. Please note, Commissioners have been generally briefed by City staff and the City Attorney on items on the agenda today. Anyone -- the meeting may also be -- if anyone needs a verbatim video of this meeting, it may be requested at the Office of Communications or viewed online at www.miamigov.com. PZ (Planning and Zoning) items shall proceed according to 7.1.4 of the Miami 21 Zoning Ordinance as modified by Emergency Ordinance Numbers 13903 and 13914. Parties for any PZ items, including the applicant, appellant, appellee, and City staff may be recognized by the 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 or be sworn 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 their location by an individual duly qualified to perform each duty. Members of the general public who are not parts of the action pending before the City Commission are not required to be sworn by oath or affirmation. The members of the City Commission may disclose any communications pursuant to Florida Statute Section 286.0115 and Section 7.1.4 of the Miami 21 Zoning Ordinance. Staff may present each item to be heard. For applicants requiring City Commission approval, the applicant will present its application or request to City Commission. If the applicant agrees with the staff recommendation, the City Commission inay proceed to deliberation and decision. The order of presentation shall be as set forth in Miami 21 and the City Code. For appeals, the appellant will present its appeal to the City Commission, followed by appellee. Staff will be allowed to snake any recommendation. Access to the meeting can be viewed on Miami TV, at miamigov.com, the City's Facebook page, the City's Twitter page, the City of Miami Page 4 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 City's YouTube channel, and Comcast Channel 77. The broadcast will also have closed captioning. Thankyou. Chair King: Thank you, Madam City Attorney. Mr. City Clerk. Todd B. Hannon (City Clerk): Thank you, Chair. Procedures for individuals who will be providing testimony to be sworn in for Planning and Zoning items and any quasi- judicial items on today's City Commission agenda will be as follows: Members of City staff or any other individuals required to be sworn in and who are currently present at City Hall will be sworn in by me, the City Clerk, immediately after I finish explaining these procedures. Those individuals who are appearing remotely, may be sworn in now or at any time prior to the individual providing testimony fin- Planning and Zoning items and/or quasi-judicial items. Pursuant to Emergency Ordinance Number 13903, those individuals appearing remotely may be sworn in 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 CityAttorney's Office. Each individual who will provide testimony must be sworn in and execute an affidavit. Please email a scanned version of the signed affidavit to the City Clerk at thannon@miamigov.com prior to providing testimony on the Planning and Zoning item and/or quasi-judicial item. 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 of Procedures we have established for this meeting? Commissioner Russell: Yes. Mr. Hannon: Chair, may I administer the oath of the Planning and Zoning item? Chair King: Please. Mr. Hannon: Good morning, ladies and gentlemen. Good morning, ladies and gentlemen. If you will be speaking on the Planning and Zoning item for today's City Commission agenda, maybe you please stand and raise your right hand. The City Clerk administered the oath required under City Code 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thankyou, Chair. Chair King: Thank you, Mr. City Clerk. Mr. City Manager, at this time do you have any items that you'd like to withdraw or defer? Arthur Noriega (City Manager): Good morning, Ms. Chairwoman, Commissioners, Madam City Attorney and Mr. City Clerk. At this time the Administration would like to defer and/or withdraw the following items: CA.5 to be withdrawn; RE.2 to be withdrawn; RE.5 to be deferred to the May 12th meeting; and EM.1 to be withdrawn. And that concludes the items. Chair King: Thank you. Commissioner Russell, do you have anything? Commissioner Reyes? Do we have any pocket items? City of Miami Page 5 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 (COMMENTS MADE OFF THE RECORD) Chair King: Okay. Mr. Hannon: Chair, while we're waiting, just for the record, for item PH.3, Commissioner Russell and Commissioner Reyes would both like to be shown as co- sponsors for PH.3. And for RE.3 Commissioner Reyes would like to be shown as a co- sponsor. Chair King: Good morning, Vice Chair. Vice Chair Carollo: Good morning. Chair King: How are you? Do you have any items that you would like to withdraw or defer? Vice Chair Carollo: No, I do not. Chair King: Okay, we are -- while -- Commissioner Reyes is working something out, we are withdrawing -- did he just hand it to you? You have the list? Vice Chair Carollo: Yes, I have it. Chair King: Okay. Ms. Mendez: We're checking a funding source. Chair King: Okay. Are we still waiting, or should we proceed? Ms. Mendez: Do you have a pocket item, Commissioner Carollo? If you wanted to mention it. Vice Chair Carollo: No, I don't think Pm going to do it today. I think I'm going to put it in the regular agenda when we meet again. While it does have the flavor of an emergency, I think it could wait, and -- Chair King: Mr. Manager, CA.5 you're deferring? Mr. Noriega: No, it's a withdrawal. Chair King: It's a withdrawal. Okay, so -- Vice Chair Carollo: Which C is being deferred? Chair King: CA.5. Mr. Noriega: CA.5. Chair King: Withdrawn. City of Miami Page 6 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Mr. Noriega: Not deferred -- Chair King: Withdrawn. Mr. Noriega: -- it's being withdrawn. Vice Chair Carollo: Oh, it's withdrawn. Mr. Noriega: Yes. Chair King: Okay. So do I have a motion to -- Vice Chair Carollo: I'm sorry, Chair. Chair King: Go ahead. Vice Chair Carollo: But when you say withdrawn, are you bringing it back? Mr. Noriega: No, withdrawn means it's withdrawn. It would have to be rescheduled for -- Vice Chair Carollo: 1 understand. I just thought 1 heard something until the next meeting. Maybe I'm not hearing -- Mr. Noriega: No, the only one that's -- that's deferred for a future meeting of the ones we -- Vice Chair Carollo: Right. Mr. Noriega: -- we addressed was RE.5. That was the only one that's going to a future meeting. Vice Chair Carollo: Okay. So then RE.5 -- no, no, excuse me -- RE, there's one that goes along with -- Mr. Noriega: That's EMI. Chair King: EM.1. Mr. Noriega: Yes, EM. 1, that's also withdrawn. Chair King: That's being withdrawn. Vice Chair Carollo: Which one is it, EM.1 ? Mr. Noriega: EMI, that's also withdrawn. Vice Chair Carollo: All right. City of Miami Page 7 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Chair King: Do I have a motion? Commissioner Russell: So moved. Chair King: Second? Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. PUBLIC COMMENT FOR ALL ITEM(S) 11843 DISCUSSION ITEM City Commission PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE APRIL 14, 2022, CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: Now, may I have a motion to move CA.1, 2, 3, and 4? Todd B. Hannon (City Clerk): Chair? Chair King: Yes? Mr. Hannon: We had our public comment for SR.2. Would you like to open the public comment for all items so then we can move on to the consent agenda and other items on the agenda? Chair King: Yes, let's open up public comments. Anyone here for public comment? Good morning. Laura Stieghorst: Good morning. My name is Laura Stieghorst, I am a citizen of the City of Miami and I'm here to encourage the Commissioners to vote yes on FR.2, which would add two youth voting members to the Climate Resilience Committee. As my peers will express, the climate crisis is youth led -- the climate movement is youth led. We are the first generation to learn about climate change in school and know that the consequences will directly affect us. We can no longer kick the can down the road. I also know that there are some of you in the audience that in the back of your mind are thinking that we are hopeless. You hear the same news that we do. There are major changes that need to be made and change is slow. You hope that the worse effects will not happen within your lifetime. But here's the thing, the climate crisis is a self - prophecy. If you won't empower us to make change, we will take our solutions elsewhere. If we don't see our solutions being encourage in this city, how can you expect us to buy homes here and sign 30 year mortgages? How can you expect us to build businesses and build our headquarters in a city that might be under water in our City of Miami Page 8 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 lifetime? if we are not empowered to build a future in this city, we cannot be the future of this city. The youth, we are innovators, we are driven, and we are passionate. Our leaders, you have experience and expertise and power. Our future depends on a partnership between our generations and incentives for youth to develop solutions. I'll use myself as an example. Less than a year ago Elon Musk announced that he would fund a one hundred million carbon capture technology competition with a category -- Chair King: Thank you. Thank you. Good morning. Good morning. Grady Muhammad: Good morning. Grady Muhammad, President of JFernande Real Estate Leasing. PH.2, transfer the million dollars from Camillus House Community Development. I'm in favor of it because unfortunately, Commissioner Reyes, Camillus House is not doing what they're supposed to do with the funds that we're giving them. And we're giving them a lot of money. And it's unfortunate, a gentleman called just yesterday, and Camillus House told him they've got to wait four to six weeks. If a person is homeless and a person is needing of help, why would they have to wait four to six weeks when we're giving them all of these funds from the CARES (Coronavirus Aid, Relief and Economic Security) Act, Community Development., Emergency Shelter Grant? So, I'm definitely in favor of taking these funds back from Camillus House and giving those funds to Community Development, and George Mensah, thank you. Chair King: Good morning. Kvra Ellis: Good morning. I'm here to speak on FR.2. My name is Kyra Ellis and I attended the last Commissioner [sic] meeting held in May. And I wanted to attend this meeting today to reiterate the importance of adding two youth voting seats to the Climate Resilience Committee. As you can see once again, around the room, there are young people as well as adults who are allies for this -- for this item agenda [sic] in support of this effort. Unfortunately, not as many young people were able to attend today as it is no longer spring break, and they are back in class. However, I am still pleased to say that there are lots of young people around Miami making great strides to climate solutions around our city. Ambitious and innovative young people are crucial to solving the current and future issues that Miami is facing, which is why we are asking for your support at adding two youth voting seats to the Climate Resilience Committee. I am a City of Miami resident and I live in District 3. The young people you saw on March 24th and the ones you see today are not asking you to -- are not here asking you to put them on the committee, we are simply asking you all -- for all to involve the youth of Miami in the decision making process. As mentioned in the last meeting, this is a position that you all have the power to appoint, and I know whichever person is appointed will speak for our generation and bring a fresh perspective to this committee. Once again, please vote yes for this resolution. Thank you so much. Chair King: Thank you. Good morning. Sarahi Perez: Good morning. Hello, everyone. Today I'll be speaking on FR.2. My name is Sarahi Perez, and I am a resident of the City of Miami living at 2523 Northwest 9th Street, located in District 1 of Miami. First of all, I would like to thank you all for considering the addition of two voting youth seats to the Climate Resilience Committee. In the place of those who couldn't be here with me today, I will speak on what we all strongly believe. We've said it before and we will say it again, our City of Miami Page 9 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 generation is currently and will continue to be the most impacted by the climate crisis. We, as a unit, believe that it is time to let us have a say in making decisions about our jutures. This is why we are asking for your support in adding two voting youth seats for those ranging from ages 18 through 25 to the Climate Resilience Committee. The youth can help provide beneficial perspectives and changes for our community through this committee, making the key to creating a more sustainable future for Miami as a whole. Once again, we, the youth of Miami, ask for you all to please vote yes on this resolution so that we can join hand -in -hand and combat the climate crisis that affects us all. Thank you. Chair King: Good morning. Elvis Cruz: Good morning. Madam Chair, 1 have a constituent that's going to be giving me her two minutes, Ms. Barbara Lang, so 1'll need a total of four, although I probably won't need that much. Thank you. Commissioners -- Vice Chair Carollo: Where's Barbara? Mr. Cruz: I'm sorry? Vice Chair Carollo: Where's Barbara? Barbara Lang: Right here. Vice Chair Carollo: Hey, Barbara, how are you? Nice seeing you. (COMMENTS MADE OFF THE RECORD) Mr. Cruz: Item SR.1, the Baywalk Ordinance, has 13 drawings that show seawalls placed along the shoreline to protect the land from flooding and erosion. But the City's plan for Morningside Park puts the seawall 23 to 77 feet inland. You can see here the shoreline, and this is where the seawall would go, 23 to 77 feet inland. They would also excavate and dig down the shoreline to the high tide level to create a mangrove incubating swamp. Mangrove seeds would float in, sprout, and grow a wall of mangroves blocking the view, collecting litter, and breeding mosquitos. The plan clearly shows mangroves. Commissioner de la Portilla noted how difficult it is to get permits to remove mangroves, and staff agreed. Even if you can get permits, we don't need to create another maintenance problem. The plan would also install large areas of three foot tall marsh grass along the bay, where the public could not walk, lay a picnic blanket, or play. This makes no sense. Here's Morningside's bay front now, a beautiful place where the public enjoys picnic tables at the water's edge, where they take family portraits, they hold religious services, they even have wedding ceremonies. And they can lay a picnic blanket on this wonderful public benefit that should be protected and preserved, not ruined by a mangrove swamp and marsh grass. All of these pictures took place on the waterfront land that would be taken by the City's plan. The environmental problems in Biscayne Bay are caused by pollution from the Little River. The shoreline of Morningside Park has nothing to do with that nor would it alleviate it. By coincidence, there were stories in yesterday's newspaper quoting scientists about the misconceptions that mangroves can stop storm surge. If you have a narrow mangrove -- urban mangrove planter, it doesn't cut it. Three meters of City of Miami Page 10 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 mangrove does nothing, it's a token for the look. If you want to dissipate waves you need at least 100 meters. The red line here shows how far 100 meters of mangroves would extend into Morningside Park. Here is how far 100 meters of mangroves would extend into Peacock Park. In both cases, we would lose an enormous amount of park land. Another scientist said even one mile of mangroves, `I don't think it will significantly decrease the surge. " People from any neighborhood should be able to enjoy, wide open bay views. There are so few viewing spots left in Miami, but there are already 17 nature preserves along the bay, 17. We should also preserve bayfront recreation fbr the public. There are better places for mangroves, like along the Julia Tuttle Causeway. Morningside Park should have the seawall at the bay, like the Baywalk Ordinance shows. Could one of you, please, make a motion to place the proposed seawall in Morningside Park along the shoreline, not inland. Pallot Park's shoreline used to look just like Morningside's, with grass, mangroves and rocks, then you installed a seawall along that shoreline. Morningside Park should have the same, and not lose precious waterfront recreational open space. Please, make a motion to place the seawall along the shoreline in Morningside Park, not inland. Thank you. Chair King: Thank you. Good morning. Nicole Gazo: Good morning. How are you all? Hello. Vice Chair Carollo: Hi. Ms. Gazo: Nicole Gazo, 2103 Coral Way. And I just want to say thank you all for showing up today. I hope you all are doing well. The point of the matter is, I'm touching upon the addition of two youth members to the Climate Resilience Committee, and I just want to let you all know that. The first point want to make is, I know that you brought it up last time, when we talk about climate change it's a very abstract matter. It sounds like something that's not affecting us. It's like why do you kids keep coming and bothering us? I don't see it affecting us, so get over it. I get that. But at the end of the day, we are dealing with the impacts of not switching to renewables because that's why we are so vulnerable to countries like Russia, countries that have high abundance of oil, because we don't have energy independence. We refuse to generate our own renewable energy, create our own economic grid based on our own energy and our own energy independence. That why other counties don't have us, you know, like literally by the balls. And that's what's happening. It's that we're giving our vulnerability and our money to countries because we refuse to switch to energy sources that are not only unlimited, but renewable. And my point is, we youth understand the urgency of switching to renewables and that's why we want to be on the council. One of our youth members, somebody that just came up, actually came up with a device that's going to capture carbon from our oceans to protect Biscayne Bay. These are things that professional engineers and scientists are doing. This is a recent college grad and Miami native. So, we're capable of coming up with the very innovations that are going to protect our city, protect our bay, and keep us long-lasting. Like I said -- Chair King: Thank you. Thank you. Ms. Gazo: -- energy independence, it's more than just saving the world. Chair King: Thank you. Good morning. City of Miami Page 11 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 James Torres: Good morning, Commissioners. James Torres, President of the DNA (Downtown Neighbors Alliance). We wanted to find out what is going on with DI.3. It's a discussion item, but there's not much more information as it relates to the scooter program. As everyone knows, the DNA has been actively trying to figure out where we're at on that. And there's a lot of deferrals, discussions, and nothing'' really bringing out to the table. So, we're kindly asking to see where we're at on that item, to see how we can kind of champion our message as well with the rest of the Commission on this. Thank you. Chair King: Thank you. At this point, seeing no one else for public comment the public comment period is now closed. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: MV - MAYORAL VETO(ES) NO MAYORAL VETOES There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. END OF MAYORAL VETO(ES) City of Miami Page 12 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla CA.1 RESOLUTION 11545 Department of Procurement A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACCESSING OF THE CITY OF FORT LAUDERDALE'S ("FORT LAUDERDALE") REQUEST FOR PROPOSALS CONTRACT NO. RFP-12307-795 FOR HOLIDAY LIGHTING AND DECORATION SERVICES, ON AN AS NEEDED BASIS CITYWIDE, PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WITH THE SOUTH FLORIDA LIGHTING TEAM, LLC D/B/A MIAMI CHRISTMAS LIGHTS, A FLORIDA LIMITED LIABILITY COMPANY, WHICH WAS COMPETITIVELY SOLICITED FOR AN INITIAL TERM OF TWO (2) YEARS WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS AND IS EFFECTIVE THROUGH OCTOBER 1, 2022, SUBJECT TO ANY RENEWALS, EXTENSIONS, AND/OR REPLACEMENT CONTRACTS BY FORT LAUDERDALE; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM CITY OF MIAMI USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SUPPLEMENTAL AGREEMENT WITH MIAMI CHRISTMAS LIGHTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, 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-22-0134 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 13 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 CA.2 RESOLUTION 11633 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), VACATING, DISCONTINUING, AND ABANDONING A PORTION OF THE SOUTHERN SIDE OF NORTHWEST 28TH STREET BETWEEN NORTHWEST 2 AVENUE AND NORTHWEST 3 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, CONTAINING APPROXIMATELY 1,068 SQUARE FEET; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A QUIT CLAIM DEED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PURSUANT TO SECTION 255.22, FLORIDA STATUTES, IN FAVOR OF 2775 MANDARINE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, THE SUCCESSOR -IN -INTEREST OF THE ORIGINAL DEDICATOR. ENACTMENT NUMBER: R-22-0135 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." CA.3 RESOLUTION 11672 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF ROY LEMUS, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $300,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY "CITY"), WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $299,900.00 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-22-0136 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." City of Miami Page 14 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 CA.4 11724 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY SAILE HERRERA AND JAVIER HERRERA, SR., WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF ONE HUNDRED FORTY-NINE THOUSAND DOLLARS ($149,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI IN THE CASE OF SAILE HERRERA, AS NATURAL GUARDIAN AND MOTHER OF JAVIER HERRERA, JR., AND JAVIER HERRERA, SR. VS. CITY OF MIAMI PENDING IN THE MIAMI-DADE CIRCUIT COURT, CASE NO. 19-33681 CA 02, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE DEFENDANT WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. ENACTMENT NUMBER: R-22-0137 This matter was ADOPTED on the Consent Agenda. MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number CA.4, please see "End of Consent Agenda." City of Miami Page 15 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 CA.5 RESOLUTION - Item Pulled from Conseil' 11783 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING THE CODE ENFORCEMENT LIEN RECORDED APRIL 7, 2015 FOR CASE NUMBER CE2014000541 ON PROPERTY ADDRESS 3485 NORTHWEST 17 AVENUE, MIAMI, FLORIDA, AFTER A HEARING AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Withdraw WITHDRAWN Ken Russell, Commissioner Joe Carollo, Commissioner King, Carollo, Russell, Reyes Diaz de la Portilla Note for the Record: For minutes referencing Item Number CA.5, please see "Order of the Day." END OF CONSENT AGENDA Chair King: Gentlemen, may I have a motion to take CA.1, 2, 3, and 4? Vice Chair Carollo: Excuse me. Take what? CAs (Consent Agenda)? Chair King: CA. Vice Chair Carollo: Yes. Chair King: 1, 2, 3, and 4. Vice Chair Carollo: Move. Commissioner Russell: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. PH - PUBLIC HEARINGS City of Miami Page 16 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 PH.1 RESOLUTION 11421 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING PROGRAM INCOME FROM HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDS GENERATED FROM FEBRUARY 1, 2021 TO OCTOBER 31, 2021 IN THE AMOUNT OF $106,028.49 AND AN ADDITIONAL AMOUNT OF $888,496.63 OF RECAPTURED FUNDS, FOR A TOTAL AMOUNT OF $994,525.12, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0138 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Chair King: We have now PH.1, 2, and 3. Do I have a motion to pass? Vice Chair Carollo: So moved. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Thank you. City of Miami Page 17 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 PH.2 RESOLUTION 11603 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING TRANSFERRING EMERGENCY SOLUTION GRANT FUNDS IN THE AMOUNT OF $810,000.00 FROM CAMILLUS HOUSE, INC., A FLORIDA NOT FOR PROFIT CORPORATION, TO THE CITY OF MIAMI'S DEPARTMENT OF HUMAN SERVICES AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO COVER THE COSTS OF HOTEL/MOTEL ACCOMMODATIONS FOR INDIVIDUALS AND FAMILIES EXPERIENCING HOMELESSNESS; 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-22-0139 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PH.2, please see "Public Comments for all ltem(s) " and Item Number PH 1. City of Miami Page 18 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 PH.3 11621 Department of Building RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, ATTACHED AND INCORPORATED AS EXHIBIT "A", AND WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS FOR THE PROVISION OF A BUILDING BENCHMARKING AND PERFORMANCE SOFTWARE SOLUTION FROM TOUCHSTONE IQ LLC, A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA, FOR THE CITY OF MIAMI'S BUILDING DEPARTMENT ("BUILDING") FOR AN INITIAL PERIOD OF FOUR (4) YEARS WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS ON AN AS NEEDED CONTRACTUAL BASIS; ALLOCATING FUNDS FROM BUILDING'S GENERAL FUNDS OR SUCH OTHER SOURCES OF FUNDING, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TOUCHSTONE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, 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-22-0140 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number PH.3, please see Item Number PH.1. Note for the Record: For minutes referencing Item Number PH.3, please see "Order of the Day." END OF PUBLIC HEARINGS City of Miami Page 19 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 RE.1 RESOLUTION 11601 Office of Capital Improvements RE - RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AMENDMENT NO. 1 ("AMENDMENT") TO THE PROFESSIONAL SERVICES AGREEMENTS ("AGREEMENTS") WITH THE ENGINEERING FIRMS OF A & P CONSULTING TRANSPORTATION ENGINEERS CORP., CALVIN, GIORDANO & ASSOCIATES, INC., CONSOR ENGINEERS, LLC, EAC CONSULTING, INC., PINNACLE CONSULTING ENTERPRISES, INC., AND R.J. BEHAR & COMPANY, INC., ALL FLORIDA REGISTERED COMPANIES (COLLECTIVELY, "CONSULTANTS"), FOR THE PROVISION OF ADDITIONAL CONSTRUCTION ENGINEERING AND INSPECTION SERVICES SOLICITED UNDER REQUEST FOR QUALIFICATIONS NO. 18-19-012 AND INCREASING THE CAPACITY OF THE AGREEMENTS WITH THE CONSULTANTS BY A NOT -TO - EXCEED AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00), THEREBY INCREASING THE TOTAL CAPACITY OF EACH AGREEMENT FROM THE CURRENT NOT -TO -EXCEED AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) TO THE AMENDED NOT -TO -EXCEED AMOUNT OF ONE MILLION DOLLARS ($1,000,000.00); ALLOCATING FUNDS FROM THE APPROPRIATE CITY OF MIAMI'S OFFICE OF CAPITAL IMPROVEMENTS' PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE AMENDMENT TO THE AGREEMENTS WITH THE CONSULTANTS, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES; FURTHER 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-22-0141 City of Miami Page 20 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Chair King: We are now going to take up RE.1, 3, and 4. Commissioner Reyes: So moved. Chair King: Second? Commissioner Russell: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 21 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 RE.2 RESOLUTION 11012 MAY BE WITHDRAWN City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING Office AND AUTHORIZING THE WAIVER OF INDEMNIFICATION WITH KING & SPALDING, LLP, A FOREIGN LIMITED LIABILITY PARTNERSHIP AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA ("K&S"), FOR THE PROVISION OF FEDERAL LOBBYING SERVICES FOR THE CITY OF MIAMI ("CITY") AS APPROVED BY RESOLUTION NO. R-21-0191 ADOPTED ON MAY 13, 2021; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND K&S, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, 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. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number RE.2, please see "Order of the Day." City of Miami Page 22 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 RE.3 RESOLUTION 11781 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), A CONVEYANCE AT NO COST TO THE CITY OF MIAMI ("CITY"), OF A PARCEL OF LAND CONTAINING APPROXIMATELY EIGHT THOUSAND ONE HUNDRED FIFTY-NINE (8,159) SQUARE FEET, AS LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("PARCEL 6347"), ALSO KNOWN AS PLAZA DE LA CUBANIDAD, FOR A PUBLIC PURPOSE BY QUITCLAIM DEED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID PUBLIC PURPOSE CONVEYANCE. ENACTMENT NUMBER: R-22-0142 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number RE.3, please see "Order of the Day" and Item Number RE.1. City of Miami Page 23 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 RE.4 RESOLUTION 11793 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO PRESENT TO THE CITY COMMISSION, IN THE NEXT NINETY (90) DAYS, A WRITTEN PLAN, INCLUDING ENVIRONMENTAL IMPACT ANALYSES, ESTIMATED COSTS, POTENTIAL FUNDING SOURCES, AND TIMELINES, TO INSTALL LIGHTNING WARNING SYSTEMS IN ALL CITY PARKS, EXCLUDING MINI PARKS; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO INSTALL LIGHTNING WARNING SYSTEMS, INCLUDING PURSUING ANY FUNDING OPPORTUNITIES; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0143 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number RE.4, please see Item Number RE.1. City of Miami Page 24 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 RE.5 RESOLUTION 11789 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT ("LEASE") BETWEEN THE CITY OF MIAMI ("CITY") AND MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION ("LESSOR"), FOR THE CITY'S USE OF APPROXIMATELY SIX THOUSAND, THREE HUNDRED FIFTY-FIVE (6,355) SQUARE FEET OF OFFICE SPACE ("PREMISES") FOR AN INITIAL PERIOD OF FOUR (4) YEARS WITH ONE (1) FOUR (4) YEAR OPTION TO RENEW, PLUS A MONTH TO MONTH CARRY OVER PROVISION, FOR THE PURPOSE OF PROVIDING SPACE FOR A DISTRICT OFFICE FOR CITY COMMISSION DISTRICT 5 WITH A MONTHLY RENT OF NINE THOUSAND, FIVE HUNDRED THIRTY-TWO DOLLARS AND FIFTY CENTS ($9,532.50) ($18.00 PER SQUARE FOOT), WITH AN OPTION FOR THE LESSOR TO INCREASE THE INITIAL RENTAL RATE A MAXIMUM OF THREE PERCENT (3%) ANNUALLY DURING THE TERM OF THE LEASE, WITH ADDITIONAL TERMS AND CONDITIONS INCLUDED IN THE LESSOR'S LETTER OF INTENT TO BE NEGOTIATED, ATTACHED AND INCORPORATED AS EXHIBIT "A;" FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY AGREEMENTS, DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; ALLOCATING FUNDS FROM THE DISTRICT 5 COMMISSIONER'S BUDGET WITH TERMS AND CONDITIONS TO BE MORE SPECIFICALLY SET FORTH IN SAID LEASE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item RE.5 was continued to the May 12, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.5, please see "Order of the Day." City of Miami Page 25 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 RE.6 RESOLUTION 11795 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION TERMINATING FOR CONVENIENCE THE REVOCABLE LICENSE AGREEMENT ("RLA") WITH EVENT ENTERTAINMENT GROUP, INC. ("EEG") FOR THE ULTRA MUSIC FESTIVAL ("ULTRA") AT BAYFRONT PARK ("SITE"); FURTHER AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST") EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE AGREEMENT BETWEEN THE TRUST AND EEG, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PRESENTATION OF ULTRA AT BAYFRONT PARK; FURTHER WAIVING THE REQUIREMENTS OF SECTION 38-113 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. ENACTMENT NUMBER: R-22-0146 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Oh, 1 missed one.1'm sorry. RE.6, do 1 have a motion to pass RE.6? Vice Chair Carollo: Moved. Commissioner Reyes: I would like to -- Chair King: Discuss? Commissioner Reyes: -- discuss that. Chair King: Okay. Commissioner Reyes: I have some questions about it. Chair King: Go right ahead, Commissioner. Commissioner Reyes: Yes. From what I -- I remember, you see, we had an agreement that you made, that agreement with Ultra. Vice Chair Carollo: Two million dollars. Commissioner Reyes: Two million dollars, that is fine. I also asked that how those -- that million dollars was going to be distributed, and I was informed this morning that it was going to be distributed -- that everything was going to go to, you know, (UNINTELLIGIBLE) I don't agree with that. Commissioner Russell: I can't hear him, Madam Chair. Chair King: Commissioner. City of Miami Page 26 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Reyes: Hold on a second. Chair King: Commissioner, you need to speak into the mike. Commissioner Russell can't hear you. Commissioner Reyes: Okay. Okay. I think that it should be -- the Trust should receive, just as we did with the Virginia Key, because of being at Virginia Key, that million dollars was -- was granted to Virginia Key. I think that what's good for the goose is good for the gander. That the Bayfront Park Trust should receive a million dollars out of that proceeding. That's my opinion. Also, I believe that since we had an agreement, 1 think that you made that agreement, that it was going to be licensed for two years at two million dollars, I don't -- I don't agree with revoking the license. 1 think that after the third -- after the second year in '23, we should go into new negotiations. And when we talk about negotiations, and according to this, Commissioner Carollo, I -- I know that there is not a better negotiator in this dais than you. But I think that if we -- you are the sole negotiator, that will open the door for other chairs that are -- are in charge of any of the venues, that they will like to be the sole negotiators. I don't mind them being -- and you being a negotiator, and as a matter of fact 1 want you to be a negotiator, but also work in tandem with the City Manager, you see, work in tandem with the City Manager. And that is -- that's -- those are my objections. If you -- if you allow me, 1 would like to make those amendments. Vice Chair Carollo: No, sir. Commissioner Reyes: Okay. Vice Chair Carollo: What I'd like to do, Madam Chair, is leave this for the afternoon. (UNINTELLIGIBLE) we have Commissioner Diaz de la Portilla. I wanted a full commission. So, if could discuss. Look, this is not quite, Commissioner, the way you painted it, as me, or whoever the Chairman would be being the sole negotiator. This has got to do with fairness and doing things in the same way for everyone. Let me begin by explaining what my intentions are. My intentions are to bring this contract back like it always was, like every other contract is, within the Trust. Otherwise, why do you need a Trust? Why do you need a CRA (Community Redevelopment Agency)? Why do you need a DDA (Downtown Development Authority)? Does the City of Miami tell you how you have to do contracts and the City's going to negotiate it, and handle it, and keep money in the DDA? Do they do that with the Omni CRA? Or do they do that with the Southeast Overtown CRA, or many of our other agencies? No. It doesn't. This happened because there was a group that had tremendous political influence and they took something out of the norm. All that I am saying here, and unfortunately the only way that we can put this back to the norm is by using the language we had here. But I told the latest attorneys that they've hired to talk to me, and I say latest because throughout the years there's been a whole army, that I'd be very happy to walk out here at noontime and announce that we're going to bring to the Trust, at the very next meeting, a motion to extend the contract. Not irrevocable, but if they want, in a four year contract. And then the Commission would have to approve it. Because anything more than one year with us there, you have to approve. So, this is not about wanting to throw Ultra out or playing any games with Ultra or anything else. This is being done for two reasons and two reasons only. One is to have City of Miami Page 27 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 a process that if the Trust is supposed to he handling everything there and we're doing all the work, because the City, outside of the off duty that's paid, doesn't handle any of that work, it's the Trust people that handle it. But this contract, like every other contract, now, and in the past history of the Trust, will he handled by the Trust. And I don't mind, like I said, extending this for additional time which is going to benefit them. I mean this is a benefit that they don't even have in this here. And I'm doing that so that we can get this headache out of our heads once and for all, and not go through this, you know, bologna every year. 1 do have to say that for the first time, the noise complaints were to a minimum. Secondly, the time that they took to get out of Bayfront Park was the quickest they've ever done it. So, it's fantastic. So again, this is not about messing with Ultra or anything other. The secondary reason is that if my god, we were the ones that negotiated this contract, it is the Trust that's handling everything, our people that are working it, those dollars should go to the Trust. There's a lot of expenses now. And I think you all are witness that the only chairman that this Trust has ever had, that when we had surpluses that we didn't think we needed, I said give three million back to the City of Miami. Because I truly think that's the way that it should be. Commissioner Reyes: That's right. Vice Chair Carollo: 1 truly think that's the way that it should be. And you always will have my agreement that if we have extra monies that are not needed to maintain Bayfront Park or Ferre Park, because what we get from the CRA is not for maintenance, it's only to do new projects. Commissioner Reyes: Okay. Vice Chair Carollo: That that money would come back. Commissioner Reyes: Hold on a second. That is -- that's very important. That is very important. But, Mr. Carollo, you and I won't be here forever, and we have to put that in writing, that if there is any additional money it is surplus. And you can place a limit on the surplus, you see, but the rest -- I mean if there is a surplus beyond so much, that those funds will come back to the City of Miami, I agree with that. Vice Chair Carollo: I have no problem with that. Commissioner Reyes: Okay. Vice Chair Carollo: I wish that the DDA would do it, too. Commissioner Reyes: Yeah, but the DDA is different. Hold on a second. You mentioned the DDA twice, and let me -- and I don't want to get into a back and forth, but you're wrong about the DDA. The DDA does not receive funds from the City, the DDA receives funds from -- it's an additional tax that is paid. Vice Chair Carollo: Yeah, but neither does Bayfront Park. Bayfront Park -- Commissioner Reyes: That's right, but -- City of Miami Page 28 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Vice Chair Carollo: -- is the only Trust -- Commissioner Reyes: -- we don't have -- Vice Chair Carollo: -- that generates the funds. Commissioner Reyes: But it is -- Vice Chair Carollo: And 1 will tell you, never before has it generated so much money. In fact, when 1 came onboard, Ultra was only paying them -- Commissioner Reyes: Eight hundred thousand. Vice Chair Carollo: No, it was less, seven hundred thousand and change. Commissioner Reyes: Seven hundred thousand. And everything went to the DDA. Vice Chair Carollo: And I'm the one that became the bad guy because I negotiated it to two million dollars. Commissioner Reyes: No, you were -- you were the good guy -- Chair King: Gentlemen. Commissioner Reyes: -- who negotiated a good -- Chair King: Gentlemen, let me see if our colleagues have anything to say. Commissioner Reyes: No, let me -- let me finish this, please. At the time we all agreed, and we agree here, that we have to increase the fee. And we all worked at increasing the fee, you see? And then you were the one that brought it home when you met with them and for two years and all of that when they went, and it was that fiasco on Virginia Key. And they came back, and you made the deal. Okay, now, if it is -- I mean I have nothing against you keeping that -- I mean having all the funds going from Ultra to Bayfront Park as long as -- as any surplus from the park because we have parks, you see, we do have parks that they need a lot of work. And everybody here has parks that need a lot of work. And what I'm trying to do is trying to spread the wealth, you see, spread it up and on to other parks. And when I -- when I referred myself to that sole negotiator, it is because you are not going to be here forever. And we will then provide, you see, a reason, or will provide a way for other chairman to be sole negotiators. You know, like for example -- Vice Chair Carollo: But, Commissioner, why are you so concerned with -- Commissioner Reyes: About the future? Yes, I am. Vice Chair Carollo: No, no, no, no, no, not the future. The sole negotiator in this when every other contract that we have, and, frankly, we're going to have some contracts that are going to be paying us, you know, a lot of money. We have some that City of Miami Page 29 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 paid, you know, reasonable dollars. And we've negotiated those. In the whole history of the park, that's always been the case. There's a board that decides, -- Chair King: Gentlemen. Vice Chair Carollo: -- so it's not the Chairman alone that negotiates. There's a board that decides. Commissioner Reyes: Okay. Chair King: Gentlemen. Gentlemen. Commissioner. Vice Chair Carollo: Now I don't know why Ultra is so important that it's -- Commissioner Reyes: No, it's not Ultra, it's everybody. Vice Chair Carollo: -- got to be done differently -- Commissioner Reyes: No. Vice Chair Carollo: -- than anybody else that's ever been dealt with in a contract in the history of Bayfront Park Trust. Chair King: Commissioner -- Commissioner Reyes, please, let me allow colleagues. We shouldn't be having a back and forth between -- Commissioner Reyes: No, but just one (UNINTELLIGIBLE) -- Chair King: No. No. No, no more, because you've had -- Commissioner Reyes: Because I'm not referring only to Ultra -- Chair King: Wait. We'll get back to you. Commissioner Reyes: -- every single -- Chair King: Well get back to you. Commissioner Reyes: Okay. Chair King: Gentlemen, do you have anything to comment on? Commissioner? On this -- on this item. Commissioner Diaz de la Portilla: I do but not yet. Chair King: What do you mean not yet? Commissioner Diaz de la Portilla: Not yet. Commissioner Russell: You want to go in order? City of Miami Page 30 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Diaz de la Portilla: I'll pass my turn to Commissioner Russell. Chair King: Commissioner Russell. Commissioner Diaz de la Portilla: It's his District, I think. Commissioner Russell: Thank you. Commissioner Diaz de la Portilla: Yeah. Commissioner Russell: I'm really happy to finally be in a place where 1 can vote in favor of. Ultra and their agreements when they come back. It's been a long struggle between everything, residents, noise, lights, hours, park access, and this has been the best one we've ever had. In fact, my office only received one noise complaint, and believe it or not, that complaint was that it wasn't loud enough from one of their customers. But I did not hear from any residents, and that has never happened in the history of Ultra. Even when it was on Virginia Key. I got complaints from residents. And so, they fully complied with everything, from the environmental, to the noise to the light, and so I am proud and happy to be able to support them coming back. Whether short term or long term, whatever is legally allowed, I want them to be a part of the city, as a revenue to us and as an amenity for the city. It feels good to be able to say that. I've --1've stood with the residents all the way until now to make sure that they had their voice and leverage, and they did well. My concerns are this, I want to make sure that the settlement that was reached between the residents and Ultra could not be affected by this move. Commissioner Reyes: Yeah. Commissioner Russell: I want to make sure that what they fought for stays intact. I do believe the City has a place at the table, financially, I don't know what that number is. Commissioner Reyes had mentioned a million, you know, split it evenly. I'm open to full discussions. Whether the -- whether the agreement sits with the City or the Trust I think can be worked out. But my other worry is that there's a gap. If we cancel them, the message to the world is they don't have an agreement. If it's too be transferred, I'd love to see it overlap, or a transfer of -this agreement to the Bayfront Park Trust, but 1 don't want to send the message that they've been canceled. Because that -- it could be read that way unless the press conference you're looking to have were to happen in concert with the transfer. Vice Chair Carollo: We could have it right now. The minute we're done, at 12 noon. And I told them that. I prefer to extend this contract, whether it's 'bur years, which is the timeframe that I gave them, I'll even consider five, but four. It's a -- it's a good number, I think. The only reasons that we're bringing this forward are for those reasons. Look, it is not right that we're taking one contract out of scores of contracts, and we all know why this happened, and it's the City that's deciding on that contract. Otherwise, why do you have a Trust for? And like I said, this is not done with any of the other boards. So, Bayfront Park Trust Board is going to be punished because it's the only board that instead of taking and asking from the City, has given to the City. Look, we have expenses that are coming into Bayfront Park that we don't know the City of Miami Page 31 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 amount that they're going to be. We're studying. The fountain, it's one that I'm having meetings next week to try to get some additional help and ascertain what is it really going to cost us and which way do we have to go. The actual structure that we have, I've gotten some reports that we got some possible serious problems there. And if there are those problems, we need to take care of that quickly. I want to hire more people for the maintenance of that park, so that park could look as good as it can, because it's not only the central park for the City of Miami, it's the central park for all ofMiami-Dade County. And then on top of that, we have the obligation on Ferre Park. Ferre Park brings very little revenue. In fact, if it weren't for the hundreds of thousands of dollars that Bayfront Park generates on the other side and puts into Ferre Park, the City would have to come in like it does with some other trusts and put monies into it. So as long as we have funds that are truly surplus and we can decide every how many years we're going to look to see what is really surplus and then see how much the City should get, its fine. That's my philosophy. I think that every trust, every organization the City has, should be willing, any surplus monies that it's not using, to give to the general fund of the City of Miami so that we could alleviate some of the tax burden, hopefully, that our residents have to pay. Or if not, we could provide better services, whether it be through more police, more fire rescue, parks, like Commissioner Reyes said, and better them, I'm in agreement with that. A hundred percent. Commissioner Russell: Briefly, Madam Chair? Chair King: Commissioner. Commissioner Russell: Thank you. I absolutely agree, Commissioner, that the Trust was, for whatever reason, not at the table in this agreement. It does not lay out specifically what the Trust will receive, everything's going to the general fund, and that's not correct. I believe it should be identified and laid out. But also, vice versa, if we were to do it the other way, it should be clear what the City will receive. Because Bayfront Park Trust and Ferre Park, there's an endless amount, there's never a world where it could be considered surplus because the needs are so great. We could make the park as amazing as we like. Vice Chair Carollo: Ken, yes and no. I think with what you all are going to see, that in the very near future we're going to be bringing in in revenue, that we're going to make sure that we're going to get some surplus. But right now, I don't know, I can't give you an exact figure of monies that we've got to spend in Bayfront Park that we cannot use, you know, CRA money from the Omni for anything there. The maintenance we have to generate ourselves there. So that's part of the problem with those dollars. Chair King: Commissioner DLP (Diaz de la Portilla), you don't have anything? Commissioner Diaz de la Portilla: Not yet. Commissioner Reyes: Madam Chair? Chair King: When are you going to have something to say? City of Miami Page 32 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Diaz de la Portilla: Well, when 1 tell you I have something. Chair King: Okay, but I'm just trying to wrap it up. Well let me say -- let -- let me say Commissioner Diaz de la Portilla: I want to hear you first, Madam Chair. (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: I was born at night, but 1 wasn't born last night. Chair King: 1 had the opportunity to attend the Ultra Music Festival and I had a wonderf d time. And I'm glad to hear that there were few if any complaints. And how they took care of the park and got out of the park in record time, it was an amazing experience. I loved it. And to have it hosted here in the city of Miami I think is superb. And that we should do everything that we can to continue having the event in our home here in Miami. I'm glad that the residents are onboard, you didn't have complaints, and I'd like to see it continue. So, I'm hoping that we could take a vote now or do we need to bake out anything else? Is there a friendly amendment? Commissioner Diaz de la Portilla: Well, we -- Chair King: Oh, now you want to say something? Commissioner Diaz de la Portilla: Of course, because you said something, so now it's my turn, right? Chair King: Okay. Commissioner Reyes: I don't want to vote against it. Commissioner Diaz de la Portilla: Thank you, Madam Chair. Chair King: Okay. Commissioner Diaz de la Portilla: I think the issue, and I agree with you with the need or the desire to have Ultra here in our hometown, I think the debate here is about who's going to negotiate the deal, which Trust, or which entity is going to negotiate the deal. Vice Chair Carollo: It's been negotiated. Commissioner Reyes: Yeah, the future deal. Commissioner Reyes: No, no -- Commissioner Diaz de la Portilla: The future deal where you're talking about four years and maybe five or whatever. So that's a future deal. The issue -- I have no problem -- I think Commissioner Carollo is a pretty good negotiator -- City of Miami Page 33 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: -- and I have no problem with him negotiating a good deal for our city. At the end of the day every deal, including future deals that we're going to be dealing with, some controversial, some less controversial, it's really important that Miami get the best deal possible. So why not allow the entity or the venue, where the venue's located, where the venue is, to negotiate it. It has to come back to this Commission anyway, right? At the end of the day, does it? Vice Chair Carollo: Once we put the 'bur years that 1 offer them it will come back to the Commission. Commissioner Diaz de la Portilla: Then so there's -- I don't have a problem with that. Now as long as there's consistency in thinking, right, that every other entity, Downtown Development Authority, the Omni CRA, the Coconut Grove CRA, the Overtown CRA, the chairman of those entities and the people that are the ones that take the lead on those issues. We have that all the time in government. There are committees and there are chairmen of committees, and they take the lead on those issues. At the end of the day the entire body has to vote for it. Commissioner Russell: It does not. Commissioner Diaz de la Portilla: Well, well, but it will, if we vote for it to happen that way. It does not maybe the way it's written right now, but it can be. We can say we want it to happen this way. Because that's the way it works. We have to have -- we can't have, you know, too many cooks in the kitchen sometimes is a bad thing, right? Sometimes it's better just to negotiate it and come to us and say, hey, this is what we like. Instead of what we're getting now we're getting more money from Ultra. I've always believed since I got here that Ultra is not paving us enough. That doesn't devalue, for lack of a better expression, devalue the value of the event, it simply says that we should be getting more money for the City of Miami. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: And I think that applies across the board for a whole bunch of things that we're doing. From Formula 1 to you negotiated a deal, Commissioner Carollo, earlier today or during the course of last week where, you know, they wanted to put the signs and you said not 25 but 50. We'll negotiate a deal with the Omni CRA that -- that gives more to the City in terms of regional percentage. There'll be probably a deal that we're going to talk about maybe on the 28th -- maybe in 2028, I don't know, about Miami Freedom Park where we're going to ask more from them if we're going to have a deal with them. So, along the way all these deals with the City of Miami, we have to start acting like businesspeople not like governments anymore. And if you negotiate it, you come back with a better deal, then we'll say okay. So, I have no problem with supporting this issue because I think it puts it in the right place for the conversation that can be had to get to a good place. And you're right, they need certainty -- one of them is sitting right there -- they need certainty. A four year deal is a better deal for them than a one year deal. They need certainty. But that certainty comes with a price. If:vou want to play in Miami for the next. fbur years then you've got to pay the price, right, to play in Miami. Because it is City of Miami Page 34 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 a venue that the entire world is looking at, and the entire world that admires and wants to come here. You have it in other parts of the world but Miami is Miami. That's why you've had it for 22 years, I've also had -- 21, 22 years. I had the opportunity, I also saw you there, Commissioner King, Chairwoman King, it was a great event. It's not what people think or what the optics were before, it's under control. Our Police Department did a great job. The ingress, egress were fantastic. The number of complaints, you're correct, and so it's something that works. And we all need to get there. But Miami needs to make money, because Miami has to start acting like a business and not like a government. So, 1'll support it, but you come back to us like you told me with Omni CRA remember, you come back to us with a good, a real -- with a better deal, and we're good to go. Vice Chair Carollo: Let me say this, Pin a nian of my word. Back in the beginning of 2020 when we told them we were cancelling Ultra, remember this is the first major event we were cancelling, I -- remember, this was the first major event we were cancelling -- Commissioner Diaz de la Portilla: Yeah, I remember. Vice Chair Carollo: -- and the pandemic really hadn't hit. I mean now we could all look back and say we did the right thing, but at that time, you know, it was tough and go. A lot of people were criticising us for cancelling Ultra, for cancelling Calle Ocho, the Carnival Miami, and you know, they became good partners. Because of that I told them, and I gave them my word, that I would go along with two years. Commissioner Reyes: That's what I'm saying. Vice Chair Carollo: And at that amount. So, for the next one that they're going to have I'm not going to change any amounts. Then for the additional three years we'll include a reasonable, not a deal breaker but a reasonable, increase. You know, I don't know what the percentage should be. In the end, you guys can decide up here because it's a long term contract. We could only decide contracts for one year. Commissioner Diaz de la Portilla: Correct. Commissioner Reyes: Madam Chair? Vice Chair Carollo: So, if you think that you could get more, hey, that's great, you know, that's more money for the City. So, I, again, don't mind so that there's no misconception from anybody that we're cancelling Ultra, that we go out there and hold a press conference today, we could hold one there tomorrow, we're announcing that with the consent of the City Commission, I am bringing at the next meeting to the Bayfi^ont Park Trust a contract Ibr four years for Ultra. Commissioner Reyes: Madam Chair? Vice Chair Carollo: So --z Chair King: Hold on a second. City of Miami Page 35 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Reyes: Madam Chair? Chair King: Hold on a second. Vice Chair Carollo: Please. Madam Chair, I understand. It could be worked out in different ways. So, please, I don't want you to -- Commissioner Reyes: Madam Chair, that's -- Chair King: Hold on a second. Hold on. Mr. City Clerk, can you now start the clock? Because everyone has had an opportunity to speak. Could you put it to five minutes, so we'll have a wrap-up of this discussion. And Commissioner Reyes will start it. Go ahead, Commissioner Reyes, you have five minutes. Mr. Hannon: Chair, just so that Pm clear, each Commissioner will get five minutes and they will not be interrupted during those five minutes? Chair King: Right. If any other Commissioner, if anyone would like to continue to speak on this item, we're going to go with five minutes now. Because everyone has had an opportunity to speak and share their thoughts. Set the clock. Commissioner Reyes? Commissioner Reyes: Madam Chair, one of the things -- one of the -- I mean, disagreements that I had is that it read it terminates for convenience the current revocable license. I'm glad that you stuck to your word, and we are not terminating that deal. Vice Chair Carollo: No, we're not. Commissioner Reyes: That deal. Now, on the third year, that's what I said, on '23, now we will -- and then you as the Chair and the Trust, but the only thing that I wanted to do is have somebody from the Administration there, I mean just maybe will help you, okay -- Vice Chair Carollo: I always welcome any -- Commissioner Reyes: That's right. And that's what I was truing to do. Vice Chair Carollo: But you -- Chair King: Commissioner. Vice Chair, just let him have his five minutes. Commissioner Reyes: You see, I -- I agree -- I agree that we keep Ultra next year and then we renegotiate. Because that was the promise that was made. Also, we have to define what are we going to do with the proceeds from Ultra. Everything is going to go for the -- for the park, I mean for Bayfront Park, or there's going to be part of it that is going to go to a fund -- Vice Chair Carollo: Well, the -- City of Miami Page 36 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Reyes: -- to improve all parks? Vice Chair Carollo: Well -- Commissioner Reyes: That's the question. Chair King: Vice Chair. Vice Chair Carollo: Well, the proceeds -- Chair King: Are you finished, Commissioner Reyes? Commissioner Reyes: Yes. Chair King: You're finished. Okay, Vice Chair•, go right ahead. You have five minutes. Vice Chair Carollo: Well, the proceeds like always, Commissioner will stay fully within Bayfront Park Trust just like all the other proceeds. And then we could agree at some other point in time that we could revisit every X amount of years Bayfront Park Trust, see what real surplus are there, and then that money could come to the general fund to be used for whatever the City wants. But, you know, this is not the time to, you know, put constraints, handcuffs, on the Trust. There's really no need for that. And if you need for parks in your area, and 1 know you've got a big park now, ten acres, but it's in pretty good shape so I don't think you need much there. Commissioner Reyes: No, no. Vice Chair Carollo: So that's why we have different funds, impact fees, many other things. And you've done well on the impact fees. I have too. Commissioner Reyes: You have too. Vice Chair Carollo: So, you know, why are we going to put constraints on those dollars? And we don't put it on anything else. Commissioner Reyes: Just add, -- Chair King: Commissioner Reyes. Commissioner Reyes: -- that we will -- Chair King: Commissioner Reyes. Commissioner Reyes, please. Please. You had your chance. Our Vice Chair is speaking. Vice Chair Carollo: I'm done. The only thing that I would like to add to this, the City Attorney has included here, further, well let me read the -- Chair King: Go ahead. City of Miami Page 37 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Vice Chair Carollo: Resolution of the Miami City Commission terminating for convenience the revocable license agreement, and unfortunately that's the word in the contract that we've got to use, with Event Entertainment Group, Inc., for the Ultra Music Festival at Bayfront Park, further authorizing the Bayfront Park Management Trust, Executive Director to negotiate and execute a revocable license agreement, or, a contract I would add, between the Trust and the EEG, Event Entertainment Group, in a form acceptable to the City Attorney for the presentation of Ultra at Bayfront Park, further waiving the requirement of section so -and -so-and-so. And 1 would add that it is the intention of Bayfront Park Trust to extend this for four years, whereas, it will immediately be brought to the City Commission once that's done for approval now. Chair King: Madam City Attorney? Victoria Mendez (City Attorney): As drafted right now it's supposed to come back. As this item is drafted, it's supposed to come back to the Commission. So, if you're going to amend that, if you're going to further delegate it, then you need to make that clear. Vice Chair Carollo: Yeah, well it's going to come back. But first of all, it will be voted upon by the Trust, then it comes back to the Commission for a final approval. Chair King: Commissioner Russell? Vice Chair Carollo: And the -- Chair King: I'm sorry. Vice Chair Carollo: Yeah. The City Attorney is stuck in semantics, legal semantics. Chair King: Commissioner Russell? Commissioner Russell: Thank you. Madam Chair, I just have one question for the City Attorney. Would this action today have any effect on the settlement between the Trust and the residents? Ms. Mendez: We have not been made privy to whatever their settlement is, so they need to deal with that. That's not our area. Vice Chair Carollo: Well, can I -- Commissioner Russell: So, we're not a party to the settlement. Ms. Mendez: We're not. Commissioner Russell: So, it shouldn't have an effect. Ms. Mendez: We don't even have a copy of it. Commissioner Russell: It shouldn't have an effect. City of Miami Page 38 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Vice Chair Carollo: Can -- to he safer, and I'm glad you brought that up, I forgot in the midst of all the discussions, a finrther amendment that the Trust will include in any revocable license agreement or contract the amendment that were reached upon by the Event Entertainment Group and whatever the neighbors are, the group of the neighbors are called, in such agreement will be incorporated into this new irrevocable trust or contract. Thank you. Ms. Mendez: I -- I think it should say that they will comply with whatever their settlement was. Commissioner Russell: Right. Vice Chair Carollo: Yeah. Ms. Mendez: We're not parties to it, we don't know what it is, we don't have -- we don't even have a copy of it. So, to incorporate by reference something that we have no idea, that's their issue. Commissioner Reyes: It is a secret. Ms. Mendez: Like they need to deal with that. We are not a party to that. Vice Chair Carollo: Okay, well, you're really saying the same thing, that they will comply with that agreement. Ms. Mendez: They need to comply. Vice Chair Carollo: I'm satisfied with that because that's saying the same thing, just quicker. Chair King: Okay. Commissioner, would you like to say anything? Commissioner Diaz de la Portilla: No. Chair King: Okay. Are we ready to take a vote on this matter? Commissioner Reyes: Yes. Before that 1 want to ask a simple question. Commissioner Russell: Is there a mover and a second? Chair King: We had a motion. Did we -- I don 't think we had a second? Do we have a second? Commissioner Diaz de la Portilla: I will second the motion. Chair King: We have a second. One more. Go ahead. Commissioner Reyes: Yes, I want to make sure that this vote will not affect the agreement that we had for 2022 -- no, 2023 -- the two years -- City of Miami Page 39 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Chair King: That are remaining? Commissioner Reyes: -- that were committed, remember? Ms. Mendez: We don't have -- Commissioner Reyes: We will have -- Ms. Mendez: We don't have an agreement with them to give them two years. Commissioner Reyes: No, no, the permit, the license that was -- when the deal was made -- when the deal was made, and it was made by Commissioner -- he was the one that brought that deal. It was two years at that amount, right? Ms. Mendez: We never -- Vice Chair Carollo: We should say one year. If you like I'll put a further amendment, if the seconder were to agree, that the amount for 2023 will be the same amount as it was in 2022. Commissioner Reyes: That's it. Commissioner Diaz de la Portilla: As a minimum. Commissioner Reyes: Well as a minimum extends too much. Commissioner Diaz de la Portilla: No, as a minimum meaning, no, 2023 as a minimum, the amount could be a minimum. You may be able to negotiate a better deal for 2023. Vice Chair Carollo: Beyond, beyond that. Chair King: Beyond that, okay. Commissioner Diaz de la Portilla: Beyond that, yeah, '24. Commissioner Reyes: Okay, '24, that's what I wanted to do. Chair King: I think this cake is baked. Commissioner Russell: The amendments aren't captured yet, I don't believe. Chair King: Can you put on the record, Victoria, the amendments that were made? Commissioner Russell: I mean the mover and seconder hasn't agreed to the amendments. Commissioner Diaz de la Portilla: I have agreed to the amendments, but we haven't heard a repeat for clarification purposes so that we're sure. City of Miami Page 40 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Russell: Okay. Commissioner Diaz de la Portilla: Well now that's clarified to you, so go ahead, Madam Attorney. Ms. Mendez: It's terminating the RLA (Revocable License Agreement) and authorizing the Bayfront Park Trust to create an RLA, a Revocable License Agreement, or a contract or a use agreement which I believe is what we've had in the past. Chair King: Wait. We are -- are we terminating? Commissioner Reyes: No. Ms. Mendez: What you're doing right now is terminating, yes. Commissioner Reyes: No, that's not what we were saying. We are saving -- Ms. Mendez: That's what this item says. Commissioner Diaz de la Portilla: What the item says is it's terminating an existing agreement between the City of Miami and EEG and -- Ms. Mendez: Right. Commissioner Diaz de la Portilla: -- now creating a new agreement between Bayfront Trust and EEG. Ms. Mendez: Right. Vice Chair Carollo: It's going to be for four years. Commissioner Diaz de la Portilla: So, you have to terminate one before you enact another. Vice Chair Carollo: That will be a four year contract. Chair King: Okay, so it's a simultaneous thing that -- Commissioner Reyes: But -- but -- Chair King: Hold on. Hold on. So, we're terminating from the City of Miami and transferring to Bayfront? Vice Chair Carollo: No. Nope. Bayfront Park then will go ahead and approve the contract -- Commissioner Diaz de la Portilla: That's already in existence. Vice Chair Carollo: -- that's already in existence. City of Miami Page 41 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Chair King: That currently exists. Commissioner Diaz de la Portilla: And you've committed to approving that contract for next year. Commissioner Reyes: For next year. Vice Chair Carollo: Exactly. Commissioner Diaz de la Portilla: Okay. Vice Chair Carollo: And that contract would stay the same in cost for next year. Commissioner Reyes: For next year. Vice Chair Carollo: The only difference will be that we'll talk to them -- Commissioner Reyes: Negotiations. Vice Chair Carollo --1 don't know what this contract says, 1 don't remember. Is there an uptake in this contract? Ray, would you know? Chair King: Could you come forward, please? Vice Chair Carollo: What is the uptake every year in the contract? Raymond Martinez: I believe it's three percent. Vice Chair Carollo: Okay, that's a fair amount. Commissioner Diaz de la Portilla: Yeah, that's fine. Vice Chair Carollo: Okay. So, I think we could stay within those bounds, at three percent. Commissioner Reyes: Okay, that's fair. Vice Chair Carollo: The only thing is, and I'll put it in the record, and we talked about that, and this is why, by the City getting involved, sometimes it messes things up more, there was a contradiction in one part of the contract with the other that didn't make it two million dollars, that in one party gave the impression, thank God the other one cleared it up, and of course Ultra wanted the one that favored towards them, that Live Nation, it was the City that had to pay for the two hundred thousand plus dollars, a quarter of a million that Live Nation wanted for that. So, it wouldn't have been a two million dollar contract. But that got resolved. The other one is a minor one that's, you know, between us, that for the first time the area in front of Columbus statue where we all park, where the office are at, we lost the parking. So, our employees were having to pay to park at Bayside and we could not even hold the monthly meeting there, we had to hold it somewhere else. So that little area, they City of Miami Page 42 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 understand, and it was never part of that. So that's minor. Outside of that, everything else is the same. Chair King: Okay. Ms. Mendez: So -- Chair King: Go ahead, Madam City Attorney. Ms. Mendez: All right, so what is here before you and all the things you're saying, there's a lot of contradictions so I need to clarify this. And I'm sorry, but 1 just need to. Right now, it is terminating this RLA and then authorizing the Executive Director of Bayfront Park Trust to negotiate an RLA or a contract or a use agreement. Commissioner Diaz de la Portilla: That is -- that is identical in nature to the existing one. Right? Commissioner Reyes: For next year. Commissioner Diaz de la Portilla: Yes. Ms. Mendez: As to terms. Because it can't be -- Commissioner Diaz de la Portilla: As the terms that's identical in nature to the existing one. Vice Chair Carollo: As to the financial terms. Commissioner Diaz de la Portilla: Right, the financial terms. Ms. Mendez: Financial terms, okay. Commissioner Diaz de la Portilla: Right. Ms. Mendez: Okay. Commissioner Diaz de la Portilla: It's a technicality, so make sure nothing changes. Ms. Mendez: Okay. Then the second thing is this item before you does not have it -- it does not have it fully coming back for approval, I believe. Vice Chair Carollo: It will. Ms. Mendez: So, if you want it to come backfor approval, if it's in here -- Vice Chair Carollo: No, no, no, no. What was said here was that it would come back for approval by this body -- Commissioner Reyes: By this body. City of Miami Page 43 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Vice Chair Carollo: -- once it's approved by the Trust. Ms. Mendez: Okay. Vice Chair Carollo: And it has to. Except when you had other chairman [sic] there that made contracts for five years and they were never brought here before, nobody had any objections or didn't know. Ms. Mendez: Okay, so this is why I have to -- this is why I have to clarify this, because you're -- you're somewhat directing the Executive Director over there to do a multi- year contract. That definitely has to come back if that happens. Chair King: But that's what he said. Ms. Mendez: Okay. Chair King: He said it's going to come back to this body. Ms. Mendez: Okay. Commissioner Reyes: Yes, but is that for final approval or can we add or delete or modify? Vice Chair Carollo: Of course, I mean if it comes back -- Commissioner Reyes: We can mod fi. Commissioner Diaz de la Portilla: Well do whatever we want. Chair King: Right. Commissioner Diaz de la Portilla: Well do whatever we want. Chair King: So now. I have one concern. In terminating the current contract, could we put a timeframe that the Bayfront Trust will act so it's -- Vice Chair Carollo: At the very next meeting. Chair King: -- at the very next meeting which is within 30 days? Vice Chair Carollo: I believe so. Chair King: Okay. Vice Chair Carollo: If not I'll call a special meeting. Chair King: Okay. So, within 30 days, the Bayfront Trust will take action and bring it back to this body so as to not be out of contract for too long. Commissioner Diaz de la Portilla: Right, right. City of Miami Page 44 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Chair King: So, within 30 days and if not, there'll be a special meeting. Commissioner Diaz de la Portilla: Or within 30 days meaning that it comes to this body within 30 days or is it that you meet within 30 days? Chair King: Bring it back to the body within 30 days or can you take -- Vice Chair Carollo: When -- when -- when do we meet again? Commissioner Diaz de la Portilla: The 28th and then obviously that's 14 days. Vice Chair Carollo: The 28th of -- Chair King: April. Vice Chair Carollo: April. Commissioner Diaz de la Portilla: And then we have the next one. Vice Chair Carollo: You need in May, the first meeting in May. Chair King: First meeting in May. Commissioner Diaz de la Portilla: May what? Vice Chair Carollo: What date? What date? Chair King: So, but within 30 days the Bayfront Trust will take action. Vice Chair Carollo: Yes. Chair King: So, in a sense we will be back in contract within 30 days. Vice Chair Carollo: Yep. Yep. Commissioner Diaz de la Portilla: May 20th, no, May 12th. Chair King: Okay. Commissioner Reyes: One last question. Chair King: Co ahead, Commissioner Reyes. Commissioner Reyes: When that contract comes in, you see, that contract will -- Chair King: We can't hear you. Todd is getting up. Commissioner Reyes: When that contract comes in, you see I'm concerned with what Commissioner Russell said, that we cannot pull the rug out of Ultra, right now. I want City of Miami Page 45 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 to make sure that when that contract comes in, it is stated -- it states that for 2023, they -- we have the same agreement. And then they will be able -- Vice Chair Carollo: We just stated that, the City -- Commissioner Reyes: No, but the jiall contract. I mean if they don't agree in another contract, at least -- at least we will have a contract for next year. Vice Chair Carollo: Commissioner, this is coming back to you in 30 days. Commissioner Reyes: Okay. Okay, okay. Vice Chair Carollo: Remember, you're negotiating for us not for them. Commissioner Reyes: I am. No, no, I want you to remember that all the time, not when we get to -- Vice Chair Carollo: I do. Chair King: Okay, okay. Ms. Mendez: (UNINTELLIGIBLE). Chair King: Madam City Attorney. Vice Chair Carollo: You watch me at Freedom Park. Chair King: Madam City Attorney. Vice Chair Carollo: You watch me at Freedom Park, Commissioner Reyes: Okay. Chair King: Go ahead. Ms. Mendez:: I believe what Commissioner Reyes is bringing up is that we have a tight window with which we terminate fully. Commissioner Reyes: That's right. Ms. Mendez: I think it's like a small window. So, if you're all -- you all need to understand that we may not be able to terminate for next year if it takes longer to come back. Commissioner Reyes: That's right. Chair King: But he just said it will come back within 30 days. Commissioner Diaz de la Portilla: Yeah. City of Miami Page 46 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Ms. Mendez: Right. It may not -- we may be outside of it anyway. But it doesn't matter, it's semantics. I just needed to address that. Vice Chair Carollo: City Attorney -- Commissioner Diaz de la Portilla: So, if it doesn't matter than why are you bringing it up? Vice Chair Carollo: We are not reinventing the wheel here. Ms. Mendez: Because you're sending it over to get it approved to bring it back, but 1 need you to understand that if all things go awry in your negotiations you're going to have -- Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Vice Chair Carollo: City Attorney, we're -- Commissioner Diaz de la Portilla: Why would they go awry? Vice Chair Carollo: -- not reinventing the wheel, we're taking the same contract -- Commissioner Diazde la Portilla: Right. Why would they go awry? He's already agreed. Vice Chair Carollo: Yeah. Chair King: Right. Exactly. They said they're going to approve the contract as it is with the same terms, the same financial -- Commissioner Diaz de la Portilla: With a different entity. Chair King: -- with a different entity. Commissioner Diaz de la Portilla: Right. Chair King: And they're going to do it within 30 days. Commissioner Diaz de la Portilla: Yes. Chair King: And if not, there will be a special meeting. Commissioner Diaz de la Portilla: So, I'll second that. Chair King: Second. All in favor? The Commission (Collectively): Aye. Commissioner Russell: As amended. City of Miami Page 47 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Chair King: As amended. Commissioner Reyes: As amended. Chair King: Motion carries unanimously. Vice Chair Carollo: Ray, let me know when you want your press conference so that the Chairman and I and others can be there. Mr. Martinez: Okay, we'll get with you. Thank you. Thank you to City of Miami and to the Bayfront Park Trust and Commissioner Carollo. We look forward to continuing our partnership and producing a worldwide, you know, event that's, you know, special to Miami and obviously special to the region. Commissioner Diaz de la Portilla: And make sure you invite all of us to the press conference, please. Mr. Martinez: Absolutely. Vice Chair Carollo: Contact me a little later, after lunch, so I can give you the date that we'll have the meeting in. Mr. Martinez: Okay. Vice Chair Carollo: And then we could all sit down with the Executive Director, our Assistant City Attorney, and maybe our City Attorney and, you know, go on anything else -- just remember the parking, we need parking. Mr. Martinez: Thank you. Thank you again, sir. Vice Chair Carollo: All right, thank you. Chair King: Thank you. Vice Chair Carollo: Have a good day. Commissioner Reyes: Okay. END OF RESOLUTION City of Miami Page 48 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 EM - EMERGENCY ORDINANCE EM.1 ORDINANCE Emergency Ordinance 11794 Commissioners and Mayor (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 2/ARTICLE X/SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/CODE ENFORCEMENT/ADMINISTRATIVE COSTS, FINES; LIENS," TO AMEND AND PROVIDE FOR DIRECT MITIGATION BEFORE THE CITY COMMISSION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: For minutes referencing Item Number EM.1, please see "Order of the Day." END OF EMERGENCY ORDINANCE City of Miami Page 49 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second 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 ESTABLISH THE MIAMI BAYWALK GREENWAY ALONG BISCAYNE BAY; DESCRIBING BOUNDARIES; PROVIDING ENFORCEMENT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14059 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Christine King, Commissioner AYES: King, Russell, Reyes NAYS: Carollo, Diaz de la Portilla Note for the Record: For directive referencing Item SR.1, please see Item NA.1. SR.1 ORDINANCE Second 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 ESTABLISH THE MIAMI BAYWALK GREENWAY ALONG BISCAYNE BAY; DESCRIBING BOUNDARIES; PROVIDING ENFORCEMENT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14059 MOTION TO: Reconsider RESULT: RECONSIDERED 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 directive referencing Item SR.1, please see Item NA.1. City of Miami Page 50 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 SR.1 ORDINANCE Second 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 ESTABLISH THE MIAMI BAYWALK GREENWAY ALONG BISCAYNE BAY; DESCRIBING BOUNDARIES; PROVIDING ENFORCEMENT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14059 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Reyes NAYS: Carollo, Diaz de la Portilla Note for the Record: For directive referencing Item SR.1, please see Item NA.1. Note for the Record: For minutes referencing Item Number SR.1, please see "Public Comments for all Item(s)." Chair King: We are now on our second reading items. Mr. City Attorney, can you read SR.1 into the record, please? The Ordinance was read by title into the public record by the Deputy City Attorney. Chair King: Do I have a motion on this item? Commissioner Russell: So moved. Commissioner Diaz de la Portilla: Madam Chair, can we do this after lunch? Chair King: Is there going to be an after lunch? Commissioner Russell: I think we're going to be done before lunch. Commissioner Diaz de la Portilla: Well, can we do it a little bit later then, because I need to have a few conversations before -- Chair King: Let's go through first readings then. If that's okay with my colleagues. Commissioner Diaz de la Portilla: Yeah. Commissioner Reyes: Yes. [Later...] City of Miami Page 51 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Chair King: Okay. All right, so that brings us to either SR.1 or DI.4. Which one would you like to take? We have -- it's 11:20. Vice Chair Carollo: What, a break and come hack earlier from lunch? Chair King: If that is the will of -- Commissioner Russell: It's up to the body. It's really just the last item, right? Commissioner Diaz de la Portilla: Well, it's -- Chair King: DI.4 and SR.2 -- SR. I, those are the last two items. We have nothing else. Commissioner Diaz de la Portilla: I think SR.1 is going to spark some conversation, so -- Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: And I do happen to have (Foreign Language) today. Chair King: What is that? Commissioner Diaz de la Portilla: You don't know what (Foreign Language) is? Chair King: I know what arroz, it's rice -- Commissioner Diaz de la Portilla: It's rice and seafood. Chair King: Oh, I didn't know, I know (Foreign Language). I know (Foreign Language). Vice Chair Carollo: It's like paella. Commissioner Diaz de la Portilla: It's paella but with seafood and no chicken. So (Foreign Language). Vice Chair Carollo: And I'm sure there are some others that I'm sure you have tried. Chair King: Okay. Okay, so if it's the will of the body we will recess until -- it's 11: 30 Commissioner Diaz de la Portilla: 1:30? Chair King: Until 1: 30 gives you enough time? Commissioner Russell: For lunch? Yeah. Oh, to get nay boys? Chair King: To pick up your babies. City of Miami Page 52 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Russell: They'll be here. Chair King: Okay. Vice Chair Carollo: 1:45? Chair King: 1:45? Let's just round it up to 2:00 then. Commissioner Diaz de la Portilla: Yeah, 2:00 works. Chair King: Okay, we are going to be in recess until 2 o'clock. See you soon. [Later..] Chair King: Good afternoon, everyone. I am calling to order now the City of Miami Commission meeting for April 14, 2022. We have a quorum. Let's get back to City business, why don't we? The next item before us is SR (Second Reading) -- what did you say? SR.2 or I? Commissioner Russell: 1. Chair King: SR.1. Madam City Clerk, can you read SR.1 into the record? I mean, Madam City Attorney. Todd B. Hannon (City Clerk): Chair? Commissioner Reyes: Wait, wait, wait, wait. Victoria Mendez (City Attorney): SR.1. Mr. Hannon: Chair? Commissioner Reyes: (INAUDIBLE). Chair King: No, it can't 2-1. Oh, it can. Oh, yes. Commissioner Reyes: (INAUDIBLE). Chair King: Yes. Commissioner Reyes: (INAUDIBLE). Chair King: Well, we don't need a full Commission because it doesn't require a fbur- fi,fths vote and we all agreed that recess was -- Commissioner Reyes: (INAUDIBLE). Commissioner Russell: Commissioner, need some medical marijuana? Commissioner Reyes: (INAUDIBLE). City of Miami Page 53 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Chair King: That's right. Okay. Mr. Hannon: And Chair, just for the record, the title was read into the record at 10: 41 a.m. and it was moved by Commissioner Russell at 10:42 a.m., but without a second. Chair King: Well. Commissioner Russell: Commissioner Carollo is here. Chair King: We have to have a sense of humor. Good afternoon? Vice Chair Carollo: How are you? Chair King: I am well. We have a quorum now and now we have a fourth. And here we go. Commissioner Russell: Oh, it's a miracle. It's a miracle. Commissioner Reyes: (INAUDIBLE). Commissioner Russell: Are you feeling better, Commissioner? Vice Chair Carollo: I heard you guys were missing me. Chair King: Yes. Commissioner Diaz de la Portilla: And me too, I think. Chair King: Yes. You just missed some great comedy though. You just missed some great comedy. Commissioner Diaz de la Portilla: We saw it. I saw it. Chair King: You saw it? Okay. So, we will now take up SR.1. It was already read into the record. Do I have a second? Mr. City Clerk, did I have a second? Vice Chair Carollo: I'll give you a second. Chair King: Second? Vice Chair Carollo: For the purpose of -- Chair King: Discussion. Vice Chair Carollo: -- discussion so that I can put an amendment. Chair King: Okay. Well -- City of Miami Page 54 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Vice Chair Carollo: And -- Chair King: Well, let's hear your amendment. Let's go with your -- let's get some -- let's get some rules right now. We're going to give each person, each Commissioner ten minutes -- Vice Chair Carollo: I don't need ten. Just be -- Chair King: But somebody else might. Commissioner Manolo Reyes might need ten minutes. So, we're going to give each of us ten minutes for discussion and then if we need a second round of discussion we'll hold that to five minutes. Vice Chair Carollo: Okay. Chair King: Okay? Vice Chair Carollo: That will be fine. Chair King: We're going to hear Vice Chair's proposed amendment if that's okay with the body? Perfect. Vice Chair Carollo: The proposed amendment is that a seawall should be along the shoreline, not inland by Morningside Park for two reasons. One, 1 don't want additional land in the park to be lost. Two, once you put mangroves in you can't take them out and it's going to block the whole view of the park in that area from the water. Three, that small amount of mangroves it's not going to make any difference whether we have it there or not. And there are other ways that we could do examples of living seawalls there. That's the only amendment that I'd like to make if the maker would accept it and I would vote for this. Chair King: Is -- Commissioner Russell: Thank you, Commissioner -- Chairman, if I could answer? So, I can definitely make the commitment that not one mangrove will be planted in the county -- in the City Parks Plan. However, what they are planning for the water's edge is a very natural baywalk that goes and meanders. Not the classic big concrete baywalk, but in order to create the storm resilience they -- they want to have this sort of marsh look down at the water's edge, and this is the Parks Director, if she could come, it's really her plan that's been vetted with the community. So -- but I can commit to you not one mangrove will be planted in this plan. Vice Chair Carollo: Good. Are we going to be losing park land -- Commissioner Russell: No. Vice Chair Carollo: -- to this new concept? Commissioner Russell: In fact that -- that land near the water will be accessible. There's going to be a pathway going -- there's going to be the main baywalk above City of Miami Page 55 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 and then there's going to be a pathway down below, but this allows, or storm surge mitigation, but no mangroves. Chair King: Elvis, we're not taking public comments. We -- public comment period has already closed. Elvis Cruz: If a Commissioner wishes to ask me a question, I'm available. Chair King: Okay. Thank you. Are we waiting for the Parks Director? Commissioner Russell: So as an amendment 1 will absolutely guarantee not one mangrove will be planted in the Morningside Waterfront Plan. And it is part of the bay -- it is technically part of the baywalk, but our parks have flexibility within their plan so they don't have to follow all the baywalk guidelines. Vice Chair Carollo: I made my amendment. You 're accepting it. Chair King: Are you accepting it? Vice Chair Carollo: 1 really have no -- Commissioner Russell: The seawall portion I can't speak to because I need -- help from the engineering -- we have half a million dollar grant from The Nature Conservancy based on the construction of this waterfront. So, if Barbie from Parks here she can help. (COMMENTS MADE OFF THE RECORD) Commissioner Russell: Yeah. I want to be helpful and see a natural shoreline there. Vice Chair Carollo: So, what we'll say is there will be no mangroves. Commissioner Russell: Correct. Vice Chair Carollo: I'd like to get in there that the seawall should be along the shoreline, which I think you're saying the same thing, and not taking inland land. But that's the part I think -- Chair King: Commissioner? Vice Chair Carollo: -- you're not sure of Chair King: Todd is complaining he can't hear you. Vice Chair Carollo: What you can't hear me? Mr. Hannon: No sir. Chair King: We're going to -- City of Miami Page 56 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Vice Chair Carollo: And if1 speak too loud Reyes says I'm screaming at him. Commissioner Reyes: Yeah. Chair King: We're going to get a new system. Mr. Manager, when is the new system coming? (COMMENTS MADE OFF THE RECORD) Commissioner Reyes: Same time as the chairs. Arthur Noriega (City Manager): I'll get back to you on that one. Chair King: And the status of our chairs? Mr. Noriega: Two different proposals. Chair King: When are our chairs arriving? Mr. Noriega: The mockup of the chairs should be here actually at any moment for you to test out. Commissioner Reyes: I've been hearing this for a while. Victoria Mendez (City Attorney): But we don't need a new system as we need an extender. Chair King: No, we need a new system, Madam City Attorney. Commissioner Reyes: Tell her, tell her, tell her. Commissioner Diaz de la Portilla: Well, we need chairs. Chair King: No. Well definitely. The chairs are -- Mr. Noriega: The mockup should be here -- Commissioner Diaz de la Portilla: That's what 1 was telling -- Chair King: Well, we're going to get -- the chairs that I selected are amazing. Vice Chair Carollo: Barbie, the question is on the seawall -- Commissioner Russell: Morningside. Barbara Hernandez (Director, Parks and Recreation): Morning -- Vice Chair Carollo: That you're planning along the shoreline in -- Chair King: There's no seawall planned. City of Miami Page 57 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Vice Chair Carollo: -- in front of Morningside Park, are you going to be coming inland taking additional land from the park? Ms. Hernandez: So, what's being proposed fin- the shoreline at Morningside Park is it's just a -- it's a resilient shoreline. So, it's not a seawall. Vice Chair Carollo: All right. No mangroves? Ms. Hernandez: We are not planting any additional mangroves. Vice Chair Carollo: Okay. Chair King: But they're also not doing a seawall. Ms. Hernandez: Yeah. Chair King: Commissioner Carollo has presented an amendment that would require a seawall for Morningside, and he wants to know if that is feasible, if it can be done? Commissioner Russell's question to Parks, can we have a seawall? Commissioner Reyes: On the shoreline -- Chair King: I know it's not proposed, but can we have one? Commissioner Diaz de la Portilla: Of course you can. Chair King: But Commissioner Russell is asking -- Commissioner Reyes: Excuse nee, on the shoreline -- Commissioner Russell: No, there is no seawall proposed in the plan at all. Chair King: Right. Mr. Noriega: Yeah, I don't know that that's what he's saying. Chair King: Isn't that what you're saying Commissioner -- Mr. Noriega: What I -- no, what I think he wants to make sure is that whatever shoreline that we create does not take away from the current parkland area of the park. Commissioner Russell: Park. Mr. Noriega: He wants to make sure that it's along the actual shoreline we have now. Commissioner Reyes: That's right. Ms. Hernandez: Yeah, absolutely. City of Miami Page 58 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Mr. Noriega: Which is exactly what's proposed. Commissioner Diaz de la Portilla: No. Vice Chair Carollo: What I want to make sure that we're not creating -- I want to make sure we're not creating marshlands that are going to be a natural for mangroves to then pop up there. Whether we plant them or the natural cycle of other mangroves somewhere else and then by what we've done, seedlings from mangroves can start growing there. And then you're going to have an area that the residents are not going to be able to enjoy, while all the other areas around could look at the water, the residents in the park that go there won't be able to see the water. Ms. Hernandez: I understand that. And currently right now it's pretty bad out there with the -- the mangroves out there right now, as a matter offact behind the pool facility, you can't even see the water. Those are -- so one of the ideas is to request a permit to relocate some of the mangroves so that you can create a view of the water. Because right now the shoreline is pretty bad with what has occurred with the mangroves, along with the pond inside of Morningside, that there's a lot of mangroves that have grown there and there's no flow currently right now to the bay. So, the permit is also going to request to relocate those mangroves. Vice Chair Carollo: (INAUDIBLE) ifI can share with my remaining time? Chair King: Please. Vice Chair Carollo: IfI could ask Elvis Cruz to come up? Chair King: Mr. Cruz? Vice Chair Carollo: Mr. Cruz, you've heard what I've said. Mr. Cruz: Yes, sir. Vice Chair Carollo: And you have heard from the Park Director. What -- I mean, you live in the area, you're an activist there. What can you tell us based on what the Park Director has explained to us and what I'm inquiring on? Mr. Cruz: Yes, sir. If I can get the technician to put me online, you can see what I'm -- you could see the big picture. Okay. Here it comes. Okay. Can you see it on your screens? Chair King: No, it's all black. Vice Chair Carollo: Now we do. Mr. Cruz: Okay. So right here on the right side of the shoreline, that's the existing shoreline of the park today and the plan would install the seawall, which you see on the left, it would install it anywhere from 23 to 77 feet inland from the bay. Right next to the bay, they would excavate the existing ground down in order to create this City of Miami Page 59 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 wetland here where the plan itself has drawn mangroves. So, they may not be planting mangroves, but they are creating a scenario where mangrove seeds, as you well said, would float in. This level right here by the way is the average high tide. So they would be taking the level of the ground down to the average high tide. Mangrove seedlings would come in and they would sprout spontaneously the way they do and they would grow and eventually block the view. Here's the seawall set far inland. So the request is that the seawall be placed at the shoreline like they do in every other park in Miami so that you would have something like this where you have the seawall at the shoreline, and then right next to it we could continue to have this beautiful recreational area of picnic tables, a walking path, bench, et cetera and not lose that to what is currently proposed as I've just shown you. Again, they're not going to plant mangroves, they don't have to. They'll grow themselves and they will grow and block the view. Vice Chair Carollo: But I thought I heard -- I thought I heard Commissioner Russell say that we were not going to have a seawall. Ms. Hernandez: That's a bulkhead, that's not a seawall. There's a difference. Vice Chair Carollo: Okay. It is a difference, yes. Ms. Hernandez: Yeah. Commissioner Diaz de la Portilla: But what's the difference? Ms. Hernandez: So, a seawall is a wall, it just has -- you know, then you go a little bit down to the wall to the water. The bulkhead is just something separating so that we don't lose the rest of the -- like the -- erosion doesn't occur. Erosion. Chair King: Commissioner Reyes? Commissioner Diaz de la Portilla? Commissioner Diaz de la Portilla: Is there a debate between -- you want a living shoreline; he's arguing for a seawall. Two very different things, right? Commissioner Russell: The -- the communi Commissioner Diaz de la Portilla: I just want -- I want to be clear. Forget the community. I'm asking what you are proposing. Commissioner Russell: I can't. Commissioner Diaz de la Portilla: No, the community is -- we already had the conversation of the community being divided. Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: That's why we had the debate about Morningside Park, where the pool goes, where the living shoreline, seawall -- so don't represent the community when you know the community's divided. Represent your opinion. You want a living shoreline and Commissioner Carollo's talking about a seawall, right? City of Miami Page 60 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 That's a difference. One could bring about mangrove growth, blocking the view, and other -- the other one will not because it's basically concrete, right? So, you can't have -- you can have a living shoreline. By definition, a living shoreline allows for growth of different -- right? Am I -- tell me where I'm wrong because I'm not an expert on this stuff. So, at the end of the day that's the debate for this particular thing, right? Commissioner Russell: I'll be clear, I do not want a seawall and the community does not want a seawall. Commissioner Diaz de la Portilla: Well -- no, the community -- Commissioner Russell: The Morningside Civic Association -- Commissioner Diaz de la Portilla: That's not true. That's not true. Commissioner Russell: -- completely came here in mass, in force, and the community that does not want a seawall is basically Elvis and a handful. But the vast, vast majority -- Commissioner Diaz de la Portilla: That does not want a living shoreline, you mean? The community does not want a living shoreline. Commissioner Russell: They don't want mangroves blocking. They don't want the doomsday scenario that Elvis has painted. Commissioner Reyes: That's -- Commissioner Russell: And that's not what the City is proposing. And that's why it's not a binary choice between a mangrove wall and a seawall. Those aren't the two choices. Commissioner Diaz de la Portilla: What's the third choice then? Commissioner Russell: The actual really well thought out plan developed by our City Administration, The Nature Conservancy. It's not my plan. This is what was brought to us. It's not meant to foster mangroves. That's not the goal. That's not -- and if it does. we'd like to make sure it doesn't. Ms. Hernandez: It doesn't. Commissioner Russell: Even our Parks Director is saying it's bad out there. We agree. The Chairwoman has been with me at nearly all of those community meetings and for us to just reverse and put a seawall out there would really pull the rug on the community and what we've proposed. Now Elvis had a pretty good win here with regard to the swimming pool, et cetera. I think that Morningside has such a natural shoreline now that to put a seawall would ruin it. In Alice Wainwright Park if we could have had natural shoreline we would have, but we had a seawall there, so we just shored it up. In Jimbo's on Virginia Key if we could have done the natural shoreline we would have, but we had a seawall, so we just shored it up. But here we City of Miami Page 61 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 have a natural shoreline that we'd like to keep. It has rip rap, we're not going to encourage the growth. But this will create a very natural bayfront meandering walk, which will be absolutely beautifid versus just splashing waves hitting a wall. This is going to be a very natural park. It's going to look natural, but not mangroves. So, using the mangrove fear tactic to say we're going to have a wall of mangroves is doing a disservice to what the Administration and The Nature Conservancy helped us come up with. Commissioner Reyes: Madam? Mr. Cruz: Commissioner? Chair King: Hold on, Elvis. Hold on. Commissioner Reyes: I think that -- Chair King: Commissioner Reyes? Commissioner Reyes: Yes. 1 think that we are going on a tangent here because what we are -- Chair King: Hold on, Commissioner Reyes. City Clerk, you guys have instruction, and 1 don't see my time. Commissioner Reyes: Okay. Chair King: Go right ahead, Commissioner Reyes. Commissioner Reyes: Okay. I mean, is that ten minutes cumulative? I mean, I can use two, three, and four or is it one shot? Chair King: No, you're going to have ten minutes and then if we need to discuss again then you'll have five. Commissioner Reyes: Okay. Chair King: So, yeah. Commissioner Reyes: What I'm going to say doesn't take that long. What I'm saying is that we are going on a tangent. What we are discussing now in SR.1, which is the inclusion of the boardwalk or the codifying -- the -- that baywalk as park. And that is what Mr. Russell is proposing, and my objection to it is that that could be used as a -- and I believe it is intention or use the whole baywalk -- I mean, to comply with the no - net loss, and I have an amendment that says that that baywalk greenway shall not count towards the no -net loss provision for parkland in the comprehensive plan. Nor, nor can they draw from the parks impact fee for repairs. Chair King: So, are you introducing an amendment as well? Commissioner Reyes: I am introducing that -- City of Miami Page 62 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Chair King: An amendment as well? Commissioner Reyes: -- that amendment as well. And I think that what we are discussing now should be discussed when we discuss the park, you see. And -- and I agree that we shouldn't be having -- I mean, that the -- the seawall I agree with that shouldn 't be -- Chair King: Okay. Commissioner Reyes: -- so high. But what I want is -- Chair King: But hold on one second. Let's -- let's -- we have an amendment -- a proposed amendment on the floor. Let's deal with that. Are we accepting that amendment, or no? Commissioner Russell: I'd like to ask a couple more questions of the Administration, please. Director, is this graphic that Elvis Cruz is putting up is that your graphic? Ms. Hernandez: That's just an example. That's not precisely what will be out there, and I did explain this to Mr. Cruz at the last workshop that he was at. It was actually with District 5, the master plan workshop. He approached me afterwards and I explained to him that this is just an example what it could look like. He asked about the second row of mangroves, and I said, no, that's not -- it's just showing an example of what could possibly be there, but that's not necessarily what is there yet. We're still working on design conceptuals with OCI (Office of Capital Improvement) and with The Nature Conservancy on what exactly will be on there. Commissioner Russell: Got it. Ms. Hernandez: So, we're not -- we cannot show exact. We're not there yet Commissioner Russell: So, here's nzy issue with this. Elvis had his day in court with this. Took the fight vigorously. He brought his handful of residents and the Morningside Civic Association came out in mass. The vast majority were in favor of the City's plan, what they have created, and we voted and approved that plan. This, what Elvis is now trying to do, undermines that plan and puts a seawall where we have a natural shoreline. So, I'd like to stick with the plan that we have, for Morningside that has been approved by this Commission, involving the movement of the pool, involving the shoreline. It's not a seawall. What he's brought is a complete fabrication that there's a seawall inland and that we're consuming park land for marshes and it's not true. What's inland -- because the wording in this graphic is not ours, where it says seawall. That's not you. Ms. Hernandez: No. No. Commissioner Russell: So, he's basically doctored this image for his purpose to create the guise that we're moving a seawall inland and losing park space. That's a misdirection, Elvis. City of Miami Page 63 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Mr. Cruz: That's incorrect what you're saying, sir. Commissioner Russell: Please. You don 't have the floor. It's a misdirection and the Chairwoman has been -- Chair King: You don't, Elvis. Commissioner Russell: -- at every one of these meetings and we've now approved the master plan for that park. And so, 1 definitely can accept an amendment that no mangroves be planted, nor any infrastructure planted to encourage mangroves. That I'm completely fine with. But to put a seawall out at the end would ruin that park. It would actually berm up the entire edge out there versus having the natural grade that we have now and want. And I think that -- I think that you've done a disservice to your community by giving misinformation to this Commission. Chair King: So -- Commissioner Russell: So I -- Chair King: Okay. Commissioner Russell, okay. Commissioner Russell: As it's worded -- Chair King: Hold on. Commissioner Russell: -- I'd like to work on the amendment with Commissioner Carollo to achieve what he's trying to preserve, which is the sightlines without mangroves, and I agree with him. We all agree with him. Commissioner Reyes: That's right. Commissioner Russell: We're not trying to sneak mangroves in there. So, if we can come to an agreed amendment that doesn't involve a big seawall at the shoreline, that's our goal that we find a new version, a 2.0 of mitigating storm surge that's not just a big piece of concrete. Chair King: Commissioner Carollo? Vice Chair Carollo: This was very similar to the original plan that OCI had presented to us for Jose Marti Park that we batted down for many of the same reasons that we're talking about here. Look, what I want to preserve is the view from the park, forward, just like every other area has, and mangroves, with the State, are a serious issue. If we're creating something purposely where when these mangroves start sprouting and the seeds are taken by the currents everywhere and they're getting stuck here because this is artificially made precisely for that, it's going to be a very short time, within a few years, before we got all kinds of mangroves growing there and the view is going to be affected. And I think all of our residents deserve to have their parks with a view. Either that, or if the world's going to come to an end and we've got to put mangroves everywhere, then let's put mangroves everywhere in front of every building that we've got in Miami, but not just one park. Whether we use the City of Miami Page 64 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 shoreline or -- excuse me, whether we use a seawall or a similar method to a seawall, concrete bulkhead, 1 don't care as long as we're not having something that is so far back and is going to be a magnet for mangroves. Because who's going to be out there cleaning that up to make sure the mangroves don 't start growing? Do we have any plans for that? No, like everything else in the city. And you're going to have mangroves growing there and then in a few years that's going to be full of mangroves and it's going to affect your sight view and then we can't take them out and we're stuck with it. Commissioner Russell: Madam Chair? Chair King: Commissioner. Commissioner Russell: Could I recommend that we bifurcate the two items? Because we have a bit of a notice issue having already voted on an approved the Morningside Park's master plan with the community here and they all showed up to advocate what they believed in, and I'm open to opening that back up if we need to readdress that. But that's actually separate to the connectivity of the entire baywalk. The main thrust of this legislation is to allow us to work with private properties and public properties to finish and connect the missing pieces. Morningside Park will never connect to any other piece of the baywalk because it is locked by T-3 on both sides, right? So, it's never going to connect anywhere. It's an island to itself that we can treat completely differently. If we wanted to do all mangroves, no mangroves, seawall, no seawall. But I think the community should be involved in that decision as they were. And I'm flexible on that. If we need to change it, it's the will of this body. But what I'm asking is that we move forward on the ordinance of the baywalk, especially as it pertains to Downtown, Edgewater, and Brickell, which are the pieces we're trying to connect at this point. So, I'd be glad to make an amendment saying there will be no mangrove plantings and direct the Administration to make sure that infrastructure does not encourage mangrove to take hold and root, but I can't pull the rug on the community and just throw a seawall in a master plan that was agreed and worked on in community charrettes for months. Chair King: I don't think that we could put that forward because it's not rightfully in front of us right now. We don't have any item before us for the Morningside Park. So, I don't think we could take up what you just said Commissioner Russell. Madam City Attorney, can you weigh in on that? Ms. Mendez: Right. So, I -- and I'm sorry because sometimes I don't know my geographical bearings -- Commissioner Russell: I didn't mean today. Chair King: Oh, you didn't mean today. Okay. Ms. Mendez: So, I -- Commissioner Russell: At another meeting with notice. Chair King: Okay. City of Miami Page 65 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Ms. Mendez: So, I thought that somehow this connected to Morningside. Chair King: No, no, no, it does not. It does not. It does not. Ms. Mendez: Okay. So right now -- and I also thought the Commissioner was saying that he just doesn't want mangroves on any of this baywalk area. So, if we could at least -- is that one of your --1 know you were talking about Morningside also, but at least for this revision, is that also one of the things that you wanted to make sure that if we perfect these baywalks, that we're not planting mangroves to cover the baywalk? And that could be in this ordinance if you so choose. Vice Chair Carollo: That, and then if we have any system that's anything close to what we're being showed here, then the City Parks Department has to hire a private contractor, if need be, so that on a monthly basis we're cleaning those areas. Ms. Hernandez: That's correct. Vice Chair Carollo: And floating seeds of mangroves don't start growing there. Those we could clean up, can't we? Ms. Hernandez: Yep. Yes, we would need to -- we're working on that right now with our shorelines with the river and the baywalk. We have a private company. We're truing to add more clean up. Vice Chair Carollo: And if we want, we can bring them to the South Grove. You know, they could grow on the shorelines there. Ms. Hernandez: I'm sorry? Vice Chair Carollo: We could bring them to South Grove, and they could grow in the shorelines over there. Chair King: Okay. Commissioner Alex Diaz de la Portilla? Commissioner Diaz de la Portilla: Thank you. Barbie? Vice Chair Carollo: They'll be real happy too. Commissioner Diaz de la Portilla: Barbie? Ms. Hernandez: Yes, sir? Commissioner Diaz de la Portilla: Explain to me what Commissioner Russell's trying to do here? Why is it not all related? Why is the baywalk and the riverwalk -- why is he talking only about a specific area where he wants a baywalk or maybe he's proposing that it should be done there? Why isn't it there -- a comprehensive plan that anything that's a walk in front of water, including a riverwalk, which is my district, Commissioner Carollo's District, Commissioner King's District, why is the City of Miami Page 66 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 conversation only on specific segments that a particular Commissioner wants in this greenway debate that we're having? Ms. Hernandez: Are you speaking in regards to Morningside and The Nature Conservancy grant? Commissioner Diaz de la Portilla: No, I'm talking about all our coastal land. Why isn 't there a comprehensive master plan that talks about all the connectivity that we need to have between all these waterfront areas? Chair King: 1 think that's appropriately a question for the City Manager. Commissioner Diaz de la Portilla: Well, she's Parks, okay, so City Manager, whoever can answer? Ms. Hernandez: Sorry. Commissioner Russell: I'm the sponsor. I voted. I can tell you. Commissioner Diaz de la Portilla: Well, okay -- well 1 'm not having a debate with you. Let me talk to the City Manager. Then I'll get to you in a minute, don't worry. Mr. Noriega: So, I'm going to restate the question so we can properly answer it. The question is why is this legislation just limited to a specific piece of geography, correct? Commissioner Diaz de la Portilla: Correct. Mr. Noriega: Why doesn't is apply -- Chair King: We can't hear you. Mr. Noriega: Why doesn't it apply -- Chair King: That's why you have to give me new mics. Mr. Noriega: Why doesn't it apply to all of the areas that would have, you know, waterfront activation, right? Commissioner Diaz de la Portilla: Sure. Mr. Noriega: So anywhere you could put a sidewalk. Yeah, so, Commissioner would probably be the best one to answer that question as to why. Commissioner Diaz de la Portilla: Hi, Zerry. Nzeribe Ihekwaba (Deputy City Manager): Good afternoon. Commissioner Diaz de la Portilla: Good afternoon. How are you? City of Miami Page 67 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Mr. Ihekwaba: Afternoon, Commissioner. Zerry Ihekwaba, Deputy City Manager. Miami 21 has specific guidelines on waterfront standards for riverwalk and for baywalk. I believe this legislation is specific to baywalk If it's the will of the Commission to authorize a similar item for riverwalk, that can be considered. But the item you have before you this afternoon is baywalk only. Commissioner Diaz de la Portilla: But we can amend it, right? Mr. Ihekwaba: If it's the will of the body. Commissioner Diaz de la Portilla: Of course. It's always at the will of the body. So, the question becomes -- no, don't leave yet, to Commissioner Russell, why is it that you're only talking -- and the same thing happens when talking about the Underline, why is it you only talk about areas that you care about and not the rest of the City may care about. Maybe the riverwalk is something that we care about, and we want to have a conversation about coastal people being able to walk by waterways and recreate and do what they do. Why is it that you mention specific parts, not even all the parts, specific parts of waterfront property? Commissioner Russell: Yep. So, what we're working on here is it's called greenway legislation. Commissioner Diaz de la Portilla: Yeah, I know what it's called. Commissioner Russell: And the Miami River Commission already has its greenway established, and so, this meets the Miami River Greenway. They already have their own -- the Miami River Commission has created their own initiative rules master plan under a greenway that's already established that ends at the mouth of the river. So, this would actually complete what they've already started. So, it's not meant to ignore the river, it's meant to complement the river. Commissioner Diaz de la Portilla: Okay. Madam? Chair King: Go ahead. Commissioner Diaz de la Portilla: The Miami River Commission has no legislative authority, whatsoever. They can come up with plans. We're the ones that pass legislation. Why can't you amend this to also include rive,front property or even adopt the Miami River Commission's -- what they're recommending? Because you know they have authority, right, to pass anything? They can't say, hey, we recommend you build this along, you know, the Miami river and all of a sudden, it's going to happen. Commissioner Russell: Fair, yeah. Commissioner Diaz de la Portilla: Only this Commission can do this. Commissioner Russell: Yep. City of Miami Page 68 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Diaz de la Portilla: Can do that. So, the question becomes why only that area and why not -- and again, it comes to the very important point, why don't we go -- and it includes your district, Madam Chairwoman, why don't we include areas that are not where the wealthy people live? Commissioner Russell: So, this legislation does actually include beyond Downtown and it actually includes parts of Coconut Grove, parts -- Commissioner Diaz de la Portilla: The wealthy people. Commissioner Russell: No, no, I'm sorry, parts of District 5 as well. This legislation actually affects the northern area. The part that I'm concentrating on is the part that 1 serve, and it's taken many years to get it this far. That's the part I'm advocating for. I wouldn't dream to advocate in your districts what you should do with your shoreline. Commissioner Diaz de la Portilla: But why not? But -- Commissioner Russell: Because that -- I would like to defer to the Commissioners to expand this legislation beyond, amend it later, but to create one comprehensive piece will take us years to do because there's different pieces of the river and the bay that have very different geographies, demographics, needs, access needs, some want kayak launches, some would never want a kayak launch. And so, this is the part I know that I have consensus on right now for this piece. Commissioner Diaz de la Portilla: Can you tell me what part it is then? Commissioner Russell: Yes. Commissioner Diaz de la Portilla: Okay. Commissioner Russell: And here's where the Administration, maybe the Planning Department -- is anyone from the Planning Department -- Commissioner Diaz de la Portilla: Well, you're advocating for it, so it's not -- Commissioner Russell: Absolutely, but there's pieces throughout. Where it doesn't apply is if there's single family home on the water, right? So, it doesn't apply to them. But it does apply to private and public property on the water anything above the intensity of single family home. Commissioner Diaz de la Portilla: Well educate me. Zerry, maybe you can educate me. Tell me specifically in layman's terms what areas? Where does it apply? Mr. Ihekwaba: Commissioner, are you asking about the baywalk or riverwalk? Commissioner Diaz de la Portilla: I'm asking where Commissioner Russell is proposing. Commissioner Russell: My ordinance. City of Miami Page 69 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Mr. Ihekwaba: It's the baywalk. Commissioner Diaz de la Portilla: Yeah, baywalk. Yes, of course. Mr. Ihekwaba: So, it's along Biscayne Bay. Commissioner Diaz de la Portilla: From where to where? Mr. Ihekwaba: I believe it's from the mouth of the river all the way to the north boundary of the City limits. Commissioner Diaz de la Portilla: Okay. All along Biscayne Bay? Mr. Ihekwaba: Yeah. Commissioner Diaz de la Portilla: All the bayfrontproperty? Mr. Ihekwaba: Yes. Commissioner Diaz de la Portilla: Okay. And? Commissioner Russell: To the -- Mr. Ihekwaba: So, to the north end boundary of the City. Commissioner Russell: And the south. Mr. Ihekwaba: So, there are missing segments -- Commissioner Diaz de la Portilla: So, 70 or 82nd wherever -- Mr. Ihekwaba: I think it's 82nd, 87th. Commissioner Diaz de la Portilla: 87th? Mr. Ihekwaba: Northeast 87th. Commissioner Diaz de la Portilla: From the mouth to 87th? Mr. Ihekwaba: Yeah. Commissioner Diaz de la Portilla: Okay, and where else? Mr. Ihekwaba: That's what it is, the bay. Commissioner Diaz de la Portilla: That's all it is? Mr. Ihekwaba: Yeah. Commissioner Diaz de la Portilla: So, it's basically Biscayne Boulevard? City of Miami Page 70 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Mr. Ihekwaba: Well on the shoreline, east of Biscayne Boulevard. East of it. Commissioner Diaz de la Portilla: West of Biscayne Boulevard. Mr. Ihekwaba: No, east. Commissioner Diaz de la Portilla: I'm sorry, I'm sorry. East of Biscayne Boulevard. Mr. Ihekwaba: Yes, sir. Commissioner Diaz de la Portilla: So just moving up. Mr. Ihekwaba: Moving all the way to the City boundary on the Northeast 87th. Commissioner Diaz de la Portilla: So City boundary. And how many feet and width is it? Mr. Ihekwaba: Miami 21 has a guideline as to the width -- Commissioner Diaz de la Portilla: Give me a number. Give me a number. Mr. Ihekwaba: If1-- Commissioner Diaz de la Portilla: 10 feet, 12 feet, 15 feet. Mr. Ihekwaba: No, no, it's more than that. Commissioner Diaz de la Portilla: Okay. How much? Mr. Ihekwaba: I think it's 25 feet. Commissioner Diaz de la Portilla: 25 feet? Mr. Ihekwaba: Yeah. Commissioner Diaz de la Portilla: So, 25 feet of ban front land. Mr. Ihekwaba: Land. Commissioner Diaz de la Portilla: Dedicated to a baywalk? Mr. Ihekwaba: Yes. Commissioner Diaz de la Portilla: Okay. How much of that's already developed? How much baywalk do we already have between the mouth of the river and 87th Street? Mr. Ihekwaba: We do have a map and we're working with the -- City of Miami Page 71 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Diaz de la Portilla: Just tell me a number. Do we have 10 percent of it, 20 percent, 30 percent? Mr. Ihekwaba: You mean the missing segments? Commissioner Diaz de la Portilla: I told you in layman's terms. Mr. Ihekwaba: Okay. In the missing segments -- Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) Mr. Ihekwaba: -- as been identified, if I'm not mistaken there could be about between six to ten properties missing. Commissioner Russell: Correct, correct. Mr. Ihekwaba: Okay. Commissioner Diaz de la Portilla: Where are they? Mr. Ihekwaba: Where the bavwalk has not been constructed yet. Commissioner Diaz de la Portilla: Okay. Mr. Ihekwaba: So, what we're trying to do is reach out to the property owners and find a way that we can go into some kind of joint development agreement by them giving us easements. Commissioner Diaz de la Portilla: But I'm not understanding. I'm trying to understand. Mr. Ihekwaba: Yeah. Commissioner Diaz de la Portilla: You have not reached out to the property owners. You say how many -- Mr. Ihekwaba: No, no. We have a consultant reaching out to them. Commissioner Diaz de la Portilla: Okay. All right. How many feet are we talking about in all those six properties -- you said six properties? Mr. Ihekwaba: Yeah, but it's -- depends subject to their property limits. Commissioner Diaz de la Portilla: It's 25 feet. Mr. Ihekwaba: Inland. Commissioner Diaz de la Portilla: Hold on. Hold on. But this bayfront could be 100 feet, that's 120, that's 180, that's 40. City of Miami Page 72 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Mr. Ihekwaba: Yeah. Commissioner Diaz de la Portilla: What's the total? Mr. Ihekwaba: Oh, Commissioner, I need to check the record to give an answer. Commissioner Diaz de la Portilla: Well, we should know that, right? Because, I mean, this legislation only proposes baywalk for a specific area of Miami. An area that no matter who the District Commissioner is, it's part of all Miami. Commissioner Russell: Yep. Mr. Ihekwaba: Yeah. Commissioner Diaz de la Portilla: That's important to us, right? So, I want to know why that piece of property, or those pieces of property are more important than the riverfronts and Coconut Grove for example, you represent also. I want to know what properties you're talking about with this legislation. You're talking about six properties you said? Mr. Ihekwaba: I said between six to ten properties if1'm not mistaken. Commissioner Diazde la Portilla: Okay. Because I want a specific number before I vote on this. Mr. Ihekwaba: Okay. Commissioner Diaz de la Portilla: I want to know how many feet of shoreline you're including, and I want to know what properties you're talking about. Mr. Ihekwaba: Okay. We can get you that report. Commissioner Diaz de la Portilla: Not six to ten. Okay? Mr. Ihekwaba: We can get you that report. But keep in mind there are some of these properties that you will not be able to develop into a baywalk because of the existing features. Either they have their building footprint already situated on that or those areas. Commissioner Diaz de la Portilla: Sony, Madam Chair. I'm just getting confused here. Chair King: Right. Well -- Commissioner Diaz de la Portilla: And it's important for me to clarify this. Chair King: I understand. I understand. Here's my issue. Commissioner Diaz de la Portilla: I'm within ten minutes. City of Miami Page 73 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Chair King: We have kicked this can for several weeks now. I want you to have a level of comfort, but these are the questions that should be properly asked with staff so that we're -- because if what we need to do is make some -- we keep -- we had it this, we're going to put it to this -- we're going to put it to this, we're going to put it to this. This is what it is, this is what it was proposed. So, either we're going to change it or we're not going to change it. I want you to feel comfortable, but let's get it all out now. Commissioner Diaz de la Portilla: Well, that's what I'm trying to do. Chair King: So that we can -- Commissioner Diaz de la Portilla: And the way we do it is publicly because, yeah, we can have a whole bunch of backroom meetings -- Chair King: Now I'm not suggesting that -- Commissioner Diaz de la Portilla: But we're not doing backroom meetings. Chair King: No, I'm -- Commissioner Diaz de la Portilla: This is an important debate, so -- Chair King: I'm not suggesting backroom meetings. But this kind of information that you're asking, and the staff doesn't have it readily at hand -- Commissioner Diaz de la Portilla: But why doesn't -- Chair King: How many -- Commissioner Diaz de la Portilla: But why doesn't the staff have it readily at hand? It's a proposed legislation -- Chair King: You'd have to ask the Manager about that. Commissioner Diaz de la Portilla: They should know how many feet they're doing and what's feasible, what's not feasible, what can be done, what cannot be done. And it's a simple question that should be answered -- (UNINTELLIGIBLE) off the top of your head. Mr. Ihekwaba: No. Commissioner Diaz de la Portilla: No? Okay. Mr. Ihekwaba: We do have the reports. We can forward the reports to you, Commissioner. Commissioner Diaz de la Portilla: Don't forward the reports. You should know. This legislation's been kicked down the road as you say and he's been talking about it for, City of Miami Page 74 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 he said the other day seven years, somebody should know. It's 280 feet of land between the mouth of the river and 87th Street. Mr. Ihekwaba: If you give me a few minutes, I'll pull it up and -- Commissioner Diaz de la Portilla: I want to know, please. Thank you. Commissioner Russell: Madam Chair? The two members of the Planning Department that had all that information have left the City recently. So, they had been working on this, all the missing pieces mapped, linear feet, everything. How many properties, who the property owners are. Chair King: We're going to -- we're going to do what is in the best interest of the City. Mr. Noriega: We can get access to that information. Commissioner Reyes: But -- Commissioner Russell: But beyond that, I'd like to address the Commissioner's main question about why they are not other places. So, the Baywalk Ordinance does affect the entire City, including the river, and we're not amending that. That has its requirements, that's in the Charter, that tells people when they have to give their piece. This is a -- an amendment to our Parks section of our Code. Not the Zoning Code, but the Parks Section allowing for a green.way along the waters -- the bay -- not the river part, but the baywalk part so that we can finish those missing pieces sooner. That's my goal. I know that 1 can negotiate with those stakeholders, and we can -- but this doesn 't expend money, create any of those rules of how much and where and what, it just gives us the framework through which we can finish it. Right now, we can't. Right now, it took us two years to negotiate one piece with the Presbyterian Church. And the goal here is that we can now complete it. But it doesn't amend the Baywalk Ordinance which already exists for the entire river and does have a requirement for everybody to do their part. We just don't know when it's allowed to happen. Chair King: Commissioner Reyes? City Clerk, can you put the five minute timer on please. Commissioner Reyes: Why every time I'm going to tell you put me on the clock. Chair King: No. Okay, wait. Commissioner Reyes: You have anything on me? Chair King: No, no, no. Let me put it -- Commissioner Reyes: Okay. Commissioner Diaz de la Portilla -- Chair King: No, I'm going to put it on his as well. City of Miami Page 75 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Reyes: He -- he -- Chair King: I'm going to put it on everybody. Commissioner Reyes: He gave us the, I mean, Constitution, I mean -- Chair King: I'm going to put -- Commissioner Diaz de la Portilla: The Constitution is coming now. Commissioner Reyes: 1 mean, I don't know, you don't like me? Chair King: I --1 adore you. Commissioner Reyes: Me too. Chair King: I adore you. Commissioner Reyes: I adore you too. No, but what 1 'm saying is this discussion -- and I agree that everything that should be come out in the open because 1 don't think that there is 21 feet or anything like that. It's a lot narrower, and that is one of my -- my objections to get this -- I mean, be part of our parks. 1 mean, we create a park. Because if we do that, what we are doing, and I believe that there's an ulterior motive here, that it is to include this as part of the no -net loss that it is required when you lose any part of the parks. I think that this is a way for Mr. Russell to justify his vote. That's why I am proposing this amendment, that no park -- Chair King: Oh, wait. We haven't heard your amendment yet. Commissioner Reyes: No, no -- Chair King: Because we -- Commissioner Reyes: But -- I did propose an amendment -- Chair King: Right, right, let me. Commissioner Reyes: -- and it was not accepted. Chair King: Right. You're going to be allowed to propose your amendment. Where are we with the amendment that Commissioner Carollo put forth? Is that gone? That's gone? Commissioner Russell: To mandate a seawall, I can 't agree to it. But to mitigate mangroves, I absolutely could agree. Chair King: Okay. Okay, Commissioner. So, no seawall, yes you can have -- Vice Chair Carollo: I'm going to -- pull my second back right now. City of Miami Page 76 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Chair King: You're going to pull your second? Vice Chair Carollo: Yeah, I'm going to pull my second back. Chair King: Okay. So, we -- Vice Chair Carollo: I've got to think about his. Chair King: Okay. So now, Mr. City Clerk? Vice Chair Carollo: I need to be assured that I'm not going to end up in a few years with mangroves there. Chair King: Okay. Vice Chair Carollo: And then when people can't see the water from the park, they'll be mentioning my name along with a few others. Chair King: Okay. So, Mr. City Clerk, Vice Chair has pulled his second. So, we have a first. Will anybody else second? Commissioner Russell: Just a moment, Madam Chair? Chair King: I feel deja vu. [Later...] Chair King: So right now -- right now -- Commissioner Diaz de la Portilla: We want -- there's no second. Chair King: There -- Commissioner Diaz de la Portilla: We want -- Chair King: That's what I'm about to say. There's no second. So can I -- Commissioner Diaz de la Portilla: I may want to second that. Chair King: No -- Commissioner Diaz de la Portilla: I may want to second that. Chair King: You may? Okay. Commissioner Diaz de la Portilla: But I need to ask something. Chair King: Go ahead. Commissioner Diaz de la Portilla: I want to link everything. I want to link it all. City of Miami Page 77 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Chair King: Today? Commissioner Diaz de la Portilla: Yeah. Chair King: I don't think we rightfully can. Commissioner Diaz de la Portilla: With amendments we can. Absolutely. We can -- Chair King: Can we? Commissioner Diaz de la Portilla: -- require a seawall at Morningside -- Chair King: Madam -- Commissioner Diaz de la Portilla: We can require a seawall at Morningside. Okay. We can. Ms. Mendez: Okay. So that item -- Commissioner Diaz de la Portilla: If he says the mouth of the river to 87th Street -- Chair King: Let -- well let's -- Commissioner Diaz de la Portilla: That's the seawall. Chair King: Let me get -- let me get a legal opinion here. Madam City Attorney, can we link all of the items today in this legislation? Ms. Mendez: So, the Morningside Park item was done already, like what a week or two ago? Chair King: A Commission meeting or two ago. Ms. Mendez: Right. So, you would essentially be bringing up a pocket item to -- Commissioner Diaz de la Portilla: No. It's an amendment. It's an amendment to an area that Zerry has described as a baywalk between the mouth of the river and 87th Street. Inside the mouth of the river and 87th Street is the seawall, or the shoreline in Morningside Park. So why -- it's germane to what we're talking about. It's germane to what we're talking about. We can reverse -- we can do something two weeks ago and do something else today. I don't know if you agree with that. Ms. Mendez: Then I -- I don't remember when was the last item brought up. Does anybody remember when Morningside came up -- Mr. Noriega: Well -- Ms. Mendez: -- because then it would have to be a motion to reconsider and that's -- City of Miami Page 78 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Diaz de la Portilla: No. Ms. Mendez: -- normally done at the same -- at the next meeting. Commissioner Diaz de la Portilla: If this legislation deals with seawall -- baywalk in front of Biscayne Bay between the mouth of the river and 87th Street, we can address every piece of land that's under our jurisdiction between the mouth of the river and 87th Street. Period. Vice Chair Carollo: (INAUDIBLE). Ms. Mendez: 1 don't have a map. You would have to ask -- Commissioner Diaz de la Portilla: No, I know, you're geographically challenged. I know. Vice Chair Carollo: (INAUDIBLE). Commissioner Diaz de la Portilla: So is my mom by the way. Ms. Mendez: I'm geographically challenged. Commissioner Diaz de la Portilla: But, Zerry, is that correct? Vice Chair Carollo: (INAUDIBLE). Commissioner Diaz de la Portilla: Is Morningside Park within these boundaries that you described? Mr. Ihekwaba: Commissioner, we told you Morningside is within the City of Miami, and it lies between the mouth of the river and the City boundary on the northeast. Commissioner Diaz de la Portilla: Yes. Mr. Ihekwaba: So, it lies within the -- Commissioner Diaz de la Portilla: Right. So that's a baywalk. Mr. Ihekwaba: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: That's what a baywalk is, right? Mr. Ihekwaba: Yeah. So -- Commissioner Diaz de la Portilla: A baywalk is a walk by the bay. And that means that Morningside Park is included in that. No matter what master plan they have for Morningside, the legislation that deals with a baywalk along Biscayne Bay from the mouth of the river to 87th Street -- Vice Chair Carollo: (INAUDIBLE). City of Miami Page 79 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Diaz de la Portilla: -- the end of the City, has to include that area that's inside of it. And if it -- that's completely germane to the conversation we're having and tell me how it's not. Mr. Ihekwaba: Commissioner, I don't have an opinion on that. Commissioner Diaz de la Portilla: It's not an opinion. It's not an opinion. How is -- Mr. Ihekwaba: You asked me -- Commissioner Diaz de la Portilla: How is Morningside Park not between the mouth of the river and 87th Street on Biscayne -- east of Biscayne Boulevard? How is not? Geographically moved it now? Mr. Ihekwaba: It is within. Commissioner Diaz de la Portilla: Okay. Mr. Ihekwaba: Okay. So, Commissioner, just for clarification on the record, I mentioned earlier that there were about ten -- approximately ten missing segments on the baywalk. I'm looking at the report from CBRE, there are actually approximately 26 missing connections. Mr. Noriega: Well, but clarify that because only 14 -- Mr. Ihekwaba: Only 14 is available -- Mr. Noriega: -- is available. The other -- Mr. Ihekwaba: --for development or improvement. Mr. Noriega: Yeah. The other 12 are -- Mr. Ihekwaba: (UNINTELLIGIBLE). Mr. Noriega: You can't do anything with because they have an existing infrastructure built on it that you can't just come in and modify, like pools and, you know, to high rise residential buildings as an example. So, there's 14 properties we're talking about. Mr. Ihekwaba: There is 14 approximately that is open. Commissioner Russell: That includes the river. Mr. Ihekwaba: That is available. Commissioner Diaz de la Portilla: No, it does not include the river. Commissioner Russell: It does include the river. City of Miami Page 80 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Mr. Ihekwaba: No, no, it doesn't include the river. Commissioner Diaz de la Portilla: That does not include the river. Mr. Ihekwaba: The river has 58 missing connections and 25 is available. Commissioner Diaz de la Portilla: Right. So, it does not include the river at all. You have not done anything for the Miami River. What you do is for Biscayne Boulevard. Mr. Ihekwaba: Yeah. So, it's only 14 available for -- Commissioner Diaz de la Portilla: The 14, how many feet? Mr. Ihekwaba: The report doesn 't -- it only lists the properties themselves. The addresses. So, we're giving -- we're making a copy for each elected official to have. Commissioner Diaz de la Portilla: Did you -- just add it up how many feet? Mr. Noriega: We don't have that. Mr. Ihekwaba: We don't have that information. Mr. Noriega: We'd have to go back and do some work. Mr. Ihekwaba: Additional research. Commissioner Diaz de la Portilla: Okay. Mr. Noriega: Because the report we have just lists it by property. Chair King: Okay. Commissioner Diaz de la Portilla: I can't second it. We can't have a say in what the baywalk is going to look like -- if we don't have the ability, or Commissioner Russell doesn't want us to amend what he wants to do then I cannot second it. So, there's no second. Commissioner Russell: Commissioner? Chair King: Commissioner Russell, we -- Commissioner Russell: So, Commissioner Diaz de la Portilla here's a proposal. How about we do include the entire river greenway in this legislation so that we can -- because this legislation does not deal with what goes there, how you build it, what it looks like, what trees, what color, nothing. All this does is give us the framework to negotiate ivith private property owners along the way. And so -- and to consider it part of our -- so that Parks can work with them, the Administration can work with them. So, I am open to including the river 100 percent and that will get the river moving faster too if there's missing pieces in the river. I'm happy for that. City of Miami Page 81 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Diaz de la Portilla: But if we go -- wait. I'm sorry, Madam Chair? If we go into the notion that we want Morningside, as Commissioner Carollo said, that he wanted Morningside Park included in this conversation within the framework -- because it's expanding it to the Miami River greenway that's a different piece of legislation. That's something that I would have to file, Commissioner Carollo may file because we both -- and Commission King may file -- Commissioner Russell: Agreed. Commissioner Diaz de la Portilla: -- because we represent the Miami River. Commissioner Russell: 1 misunderstood. I thought that's what you wanted included here? Commissioner Diaz de la Portilla: No, no, no. I can't because it's not germane. But what is germane is what falls between the mouth of the river and 87th Street. And that's Morningside Park. That's what falls in the middle. If Commissioner Carollo 's publicly stated that he wants a seawall there, then let's --1 will support a seawall there. Mr. Noriega: But that's not what he said. Commissioner Diaz de la Portilla: Why not? Why not? Mr. Noriega: Can I add something? Some element of discussion here, Madam Chair, ifI may? So, two points I'd like to clarify. I'll let Commissioner Carollo certainly speak for himself. He never said that 1 heard that he wanted a seawall. What he says he does not want to see mangroves anywhere along the parkway. Commissioner Diaz de la Portilla: What did you say Commissioner Carollo? Mr. Noriega: His issue was mangroves. Vice Chair Carollo: (INAUDIBLE). Mr. Noriega: Am I correct? Vice Chair Carollo: (INAUDIBLE). Commissioner Diaz de la Portilla: A living shoreline by definition -- Commissioner Reyes: A living shoreline. Commissioner Diaz de la Portilla: All kind of things -- that's why it's called a living shoreline. All kinds of things grow on it. That's why it's a living shoreline, not a dead shoreline. So, what happens is mangroves grow on it, seedlings spread, all kinds of things happen. And when things grow, they grow, and they grow, and they block views. So, it's a living shoreline. City of Miami Page 82 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Mr. Noriega: They can actually grow along a seawall as well, by the way. Chair King: Okay. So -- Mr. Noriega: So, I mean, they can. But I'm just -- Commissioner Diaz de la Portilla: It 's harder when you pour concrete. Trust me. Mr. Noriega: -- trying to get to the root of the problem. Chair King: Okay. Mr. Manager, Mr. Manager. So that -- so that 1 have clarity, guys, where are we now? We are -- I don't have a second. I don't have a second. Commissioner Russell: It could be you. Chair King: You've put -- it will be me. You've pulled your -- Commissioner Diaz de la Portilla: But you need a third. That's a problem. Chair King: That's the problem. You've pulled yours, second. You're not going to second it if we can't add -- Commissioner Diaz de la Portilla: Can we address, Madam Chair? Chair King: And then I have to deal with Commissioner Reyes, and I don't want him to think that don't like him. I'm just trying to get rid of -- I'm trying to get rid of the first so we can get to your amendment. Commissioner Diaz de la Portilla: If we add a seawall to Morningside Park, I can support this issue. Chair King: And I think I heard two here if we add a seawall you'll support, and you support? No, no, no. You don't support. Commissioner Reyes: Wait a minute. Commissioner Diaz de la Portilla: So, in other words, Madam Chair -- Chair King: Okay. Commissioner Diaz de la Portilla: -- if you want your third vote or you want your third vote, give me the seawall. Or give Joe Carollo a seawall. If you want it. Commissioner Reyes: The thing -- Commissioner Diaz de la Portilla: And other things that we can discuss later we're going to want to. Commissioner Reyes: Wait. City of Miami Page 83 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Russell: It's an unrelated issue. Commissioner Diaz de la Portilla: No, that's not related. Commissioner Russell: And Commissioner Elvis Presley seems to have control of this dais. Commissioner Diaz de la Portilla: No, no. No, nobody has control of this dais. Chair King: Commissioner Russell don't do that. Commissioner Diaz de la Portilla: The one who doesn't have control is you. If you want your little greenway thing -- Chair King: Okay. Commissioner Diaz de la Portilla: -- we get a seawall. Commissioner Russell: Why would I undermine the entire work of the Morningside Civic Association with our Administration -- Commissioner Diaz de la Portilla: Then don't. Then don't. Then you don't have your votes. Commissioner Russell: -- with The Nature Conservancy. I wouldn't. I wouldn't. Commissioner Diaz de la Portilla: Then you don't have your votes. Chair King: Okay, in I'm second, SR.2. I don't even remember the number of it. Commissioner Russell: SR.1. Chair King: SR.1. I'm going to be the second for SR.1. Now let's hear from Commissioner Reyes because he has an amendment. And, Commissioner Reyes, I'm sorry. Commissioner Reyes: Listen, I want to -- I mean, unless I have an opportunity to rebut what Commissioner Russell said, that by passing this legislation, he would be able to finish the seawall where that's totally untrue. Commissioner Diaz de la Portilla: It's untrue. Commissioner Reyes: And that's total misinformation. Commissioner Russell: Why? Commissioner Reyes: Because by passing this legislation that we have here SR.1, does not provide for additional funds, does not provide for the agreement with all those 18 or 16. What it does is that creates every single part of that seawall which is a sidewalk, it is going to be named park. It's going to be part of our park inventory, you City of Miami Page 84 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 see. It has to be included. And even --1 mean, even by their own admission, that also is also including some private property that they have not been designated by the owners to build a seawall there, you see. My question is the same and I said that my amendment is that no -- this -- no portion of the whole portion of this seawall if declared park could be used for no -net loss, which I think should be declared a park, and we should not place it on the Parks Department, it should be placed under Resilience if that's where it comes when it comes to -- I mean, if we got to fix it, you shouldn 't get money from park impact fees. Which by doing so, is taking money from you, from him, from me, and from everybody else that has a park here, you see. Your desperation to pass this thing makes me think that is an ulterior motive, sir, you see. Because this something that is not natural. It is -- it is unnatural to be so desperate to pass a piece of legislation that does not have no bearing on completing the project or anything. It is just pass it and then we will include it in -- as park to replace the no -net loss. That is my opinion, and I have an amendment that would preclude that and also would preclude that wall -- I mean, that sidewalk to be repaired using parks impact fees that are so much needed by our parks that this should go into Resilience or into Public Works. Chair King: Let's -- read -- let's have the City Attorney read your amendment into the record. Ms. Mendez: So, the two amendments pretty much because there are two issues that he's proffering is that the baywalk greenway shall not count towards no -net loss provisions for parklands in the comprehensive plan and that park impact fees will not be used for the baywalk park -- bavwalk greenway. Chair King: Commissioner Russell? Commissioner Russell: Thank you. Commissioner Reyes, you're saying if I agree to those two things you'll vote yes on this ordinance? Commissioner Reyes: If -- I mean, if you agree on those two, why not? But I want everybody here to be -- to be -- I want everybody to be clear of what's going on. I don't want -- for example, Commissioner Diaz de la Portilla still is not clear about it. There is a lot of questions that he asked, and I think they should be answered, you see. When either one of us -- it is -- does not have a clear idea of what it is being voted for I think that deserve the courtesy of giving them time and the information that will help make up his mind and vote what his conscience dictate, you see. Without information we cannot do that. And he's been asking for information, and I think rightfully so, you see. Commissioner Russell: So, if the mover and seconder agree to your amendment, you'll vote yes today? Commissioner Reyes: Yes. Commissioner Russell: Agreed. Deal. Commissioner Reyes: Okay. City of Miami Page 85 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Russell: Let's vote. Commissioner Reyes: Okay. A vote. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion passes. Ms. Mendez: With those four amendments, right? Mr. Hannon: So just a moment. There was two amendments that the City Attorney read. Ms. Mendez: Right. And then there were -- Mr. Hannon: And there's the mangroves. Ms. Mendez: There was no mangroves. Commissioner Russell: No, no, I will not accept that. Mr. Hannon: You're not accepting that? Ms. Mendez: You're not accepting the no mangroves on the baywalk? Chair King: No, he -- Commissioner Reyes: Wait, wait, wait, wait. You're not accepting the no mangroves? Commissioner Russell: Well, he withdrew his second, so there's no amendment. Commissioner Reyes: Well, he made an amendment. Commissioner Russell: This ordinance has nothing to do with mangroves. We have a design guideline for the baywalk that we can amend to eliminate. Commissioner Reyes: (UNINTELLIGIBLE). Vice Chair Carollo: (INAUDIBLE). Commissioner Russell: So, if you'd like another amendment -- Vice Chair Carollo: Then you're going to get mangroves in the end. Commissioner Russell: This has nothing to do with Morningside Park. Commissioner Reyes: Well, I -- City of Miami Page 86 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Chair King: Well -- Commissioner Reyes: -- reconsider my vote then. If it is like that -- I thought that everybody here was going to be happy. Ms. Mendez: We just want to clarify the amendment. Commissioner Reyes: No. Commissioner Russell: Okay. We need to bring an amendment to the baywalk guidelines, the design guidelines because they do have living shorelines, mangroves, et cetera in there. But this ordinance has nothing to do with mangroves and what gets planted. This simply has to do with a greenway. Vice Chair Carollo: Well, then how come you were willing to put no mangroves before if it had nothing to do with it. Commissioner Russell: To get your vote. Vice Chair Carollo: Oh. You were pulling a Yamamoto on me. Okay. Commissioner Russell: No, because it was actually hold. If you want it, it will hold. Vice Chair Carollo: Okay. Commissioner Russell: But clearly -- Vice Chair Carollo: To get my vote, all right. Commissioner Russell: Absolutely. Vice Chair Carollo: Yeah. Commissioner Russell: I don't intend to -- we were already not going to plant mangroves in Morningside Park. The master plan does not have any mangroves. He is misleading you. Vice Chair Carollo: No, you were going to let them, come naturally, you know. Commissioner Russell: No, we don't want them. Vice Chair Carollo: With the current so they could grow. Commissioner Russell: The neighborhood does not want them. I don't want them. Chair King: Okay, okay, okay, okay, okay, okay. Commissioner Reyes: Let -- Chair King: Wait. Hold on a second. Where are we now? City of Miami Page 87 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Russell: We voted. Chair King: We had a vote. It passed three to two. Commissioner Reyes: I'm reconsidering my vote. Commissioner Diaz de la Portilla: He reconsidered. Chair King: He's -- okay. Commissioner Reyes: Because -- Chair King: Hold on a second. Commissioner Russell: What would you like? Chair King: Hold on. You know I'm new at this. Commissioner Diaz de la Portilla: I'll second that reconsideration. Chair King: Hold on. You know, Mr. City Clerk, procedurally where are we? Can Commissioner Reyes reconsider his vote? Mr. Hannon: It's really the will of the body. Yes, you did vote, but I was trying to clarify at the same time before we completed the vote what the amendments were. So, if you would like to reconsider, we can certainly do that from a procedural standpoint Commissioner Russell: Well -- Chair King: No, I was clear on what -- Commissioner Russell: If Commissioner Reyes thought he was voting on something else. I'd like to hear if his amendment is something different. Because if you would like to include mangroves in your amendment for your vote, I will consider it. I think it's superfluous, it's not necessary. It's not necessary. It doesn't have anything to do with this, but if it's what you want and it makes you happy, I will give you no mangroves. Commissioner Reyes: Okay. I -- I -- I'm also was considering the -- what Commissioner Diaz de la Portilla and what -- Commissioner Russell: Then I think we're done. Because what we had here was a very big win for the no -net loss concerns that you have. That's a very big concession on my side. I'm willing to do that with you for your vote today. Commissioner Reyes: Okay. But the thing is, the thing is -- Commissioner Russell: If you want to add more and more and then take -- City of Miami Page 88 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Reyes: No, add more and more, no. We have -- I have my colleagues here that they were very much -- Commissioner Diaz de la Portilla: He's reconsidering it. Commissioner Reyes: -- in favor, as I was, that the seawall be on the shoreline. Commissioner Russell: No. This has nothing to do with Morningside seawall. Commissioner Reyes: 1 mean, I do agree with it. I do agree with and that's what Diaz de la Portilla agreed on it and that's what -- I mean, because 1 saw it. If --if 'the -- the seawall is on the shoreline, you have all that berm that you can build -- Chair King: Commissioner Reyes? Commissioner Reyes? Okay. So -- Commissioner Reyes: I thought that we were voting on all of that. Chair King.. Okay. So -- Commissioner Russell: Commissioner Reyes, I -- Chair King: So that -- Commissioner Russell: -- I asked for a different item to be brought back regarding the Morningside master plan to deal with exactly that. Chair King: So here we go. Here we go, guys. Commissioner Russell: Because I will not accept an amendment today -- Chair King: Okay. Commissioner Russell: -- putting a seawall at the shoreline after all the process we've gone through has eliminated a seawall in that plan. We don't want a seawall. Chair King: Okay. Here we go. Here we go. Understood. So, here -- Commissioner Diaz de la Portilla: Calm down. Chair King: May I have a motion for reconsideration -- Commissioner Diaz de la Portilla: I move to reconsider. Commissioner Reyes: I second. Chair King: Okay. Now we have a motion and a second for reconsideration. So now we're going to reconsider this issue again. Commissioner Diaz de la Portilla: To vote on it. City of Miami Page 89 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Chair King: To vote on it. Commissioner Diaz de la Portilla: To vote on the reconsideration first. Chair King: Okay. Oh, we have to vote? Mr. Hannon: Yeah. Chair King: Okay. All in favor of reconsideration? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Commissioner Reyes: Okay. Chair King: Now we are going to -- Mr. Hannon: Everything's back in play. Chair King: Everything's back in play. Mr. Hannon: So make your amendments so we can capture everything before the vote is taken. Vice Chair Carollo: Okay. Chair King: Okay. So, let's go. Commissioner -- Vice Chair? Vice Chair Carollo: One -- one minor little thing that I've been wondering throughout this whole conversation. Mr. Manager, sorry to bother you and your esteemed assistant managers. Mr. Noriega: Never a bother. Vice Chair Carollo: Where's the money' coming for all this addition that we've been talking about here in baywalk? Mr. Noriega: What's The Conservancy? Oh, for the actual baywalk itself? Vice Chair Carollo: Yeah. Commissioner Russell: No, not Morningside. Vice Chair Carollo: Well, everything being discussed here. Where's the money coming from? You mean after all this talk -- Commissioner Reyes: You don't know. City of Miami Page 90 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Vice Chair Carollo: -- you guys don't know where the money's coming from? Commissioner Diaz de la Portilla: And how much is it? Vice Chair Carollo: Well, I know there's at five million that's out there? Commissioner Diaz de la Portilla: Yeah. Mr. Noriega: Yeah, there's not -- yeah, five million is out there, correct, as part of the Miami Freedom Park deal, but there's isn't another identified funding source. Vice Chair Carollo: Okay. But here's the problem that I have. When that five million was brought up I remember before we made the initial vote in this, 1 remember Mr. Russell saving that, you know, I have a big part in the Miami River in my district that, you know, that's going to be for everybody. And now I'm seeing that the five million is going to be going all to his district. Commissioner Russell: (INAUDIBLE). Vice Chair Carollo: Now if that's the case, it's fine, but then the other 20 million needs to be broken down in -- Commissioner Diazde la Portilla: Four districts. Four districts. Vice Chair Carollo: Well, at least three districts. Commissioner Diaz de la Portilla: At least three. I was waiting for you to say that, not me. Vice Chair Carollo: It could be four districts. Commissioner Diaz de la Portilla: You know what I mean. Vice Chair Carollo: But he got his money already. Commissioner Diaz de la Portilla: Yep, right. Vice Chair Carollo: Tried to pull a fast one, huh? I'm not one of those little kids watching the yo-yo. Commissioner Reyes: Okay. Chair King: What is the will of this body? Vice Chair Carollo: You stepped out, you're out. Chair King: What is the will of the body today? Commissioner Diaz de la Portilla: You know, there's a debate. I have a question for you, Madam Chair. City of Miami Page 91 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Chair King: Go right ahead. Commissioner Diaz de la Portilla: Listen. Let's be open. People watch this and let's just be open. If in fact, his drive, Commissioner Russell's drive is to affect no -net loss, and if he wants to do things for his district, that's all fine. But let's be honest about it. Let's be open about it and everybody can vote the way they want to vote based on what they think. I happen to -- look, I happen to think with some significant tweaks that -- probably tweaks is the wrong word, some significant changes that the Miami Freedom Park is a good idea for Miami. The district 1 represent, and I think it's good for the district I represent. So, you know, let's just be open about what we're doing here. This back and forth to me is why people are cynical about politics. 1 mean, this is back and forth, number one. And number two, and it's underhanded. If don't do this, I won 't do that. That's wrong. That undermines the confidence that people have in our system. Let's just be open about it. Vice Chair Carollo: Yeah, but -- Commissioner Diaz de la Portilla: Wait. I'm almost done. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: If -- if you want this to come today and you want to get your druthers and whatever you want and get what you want before something else happens, that's not going to happen because everybody here wants something for their districts. So instead of just being open about it, say, you know what, this is what I want for my district 1 represent. Everybody wants something. I think, maybe I'm wrong, that because the district I represent that the majority of the money that's invested in community benefits should be in the district I represent in Grapeland, right? Not in Baywalk, not in Edgewater. That's so far away. You can't get -- if you go anymore you sink. It should be the area that's being directly impacted. So, Grapeland and that area surrounding Miami Freedom Park should benefit the most. But you think it's a good idea for you to ask for five million dollars for a baywalk that you represented as riverwalk, baywalk, because riverwalk also includes Commissioner Carollo's district, that's going to probably, you know, a little bit here, a little bit there. That's not what you're doing. What you're doing is your taking five million dollars, which is not the total cost, that's five million dollars to the people that want to develop Miami Freedom Park, that's what you 're doing. They cannot give us an answer as to how much it's going to cost to do this legacy thing that you label a legacy issue last Commission meeting. So, five million dollars for you and for your district, not for you, for your district. You're fighting for your district. Respect the fact that we're fighting for ours. That's all. Commissioner Russell: Is anything wrong with that? Commissioner Diaz de la Portilla: No -- (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Reyes: Madam -- City of Miami Page 92 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Russell: Madam Chair, 1 need to respond though. Chair King: Hold on, hold on. Commissioner Diaz de la Portilla: The problem is -- I'm almost done. Chair King: Hold on. Commissioner Russell: Madam Chair, 1 need to respond. Commissioner Reyes: Hold on a second, hold on a second. Commissioner Diaz de la Portilla: The problem is you need to have three votes and you don 't. Because you're taking it all for yourself. And politics is about giving and taking, it's not about taking. That's the issue here. Commissioner Reyes: Hold on a second. Chair King: Hold on, hold on. Commissioner Diaz de la Portilla: You're hiding it -- Chair King: Hold on. Commissioner Diaz de la Portilla: And you're hiding it behind, oh it's for baywalk, river walk. Commissioner Russell: No, no. Commissioner Diaz de la Portilla: It's not riverwalk. You're not covering one foot of river walk. You're covering the most expensive real estate in Miami in front of the water for your district. Chair King: Okay. Commissioner Diaz de la Portilla: And that's wrong. Chair King: Okay. Commissioner Reyes: Okay. Please? Chair King: Wait. Hold on, Commissioner. Hold on. Commissioner Reyes: Please. Chair King: Commissioner Reyes, Commissioner Reyes, hold on. I promise I'm going to get to you. Commissioner Reyes: (UNINTELLIGIBLE). City of Miami Page 93 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Chair King: Commissioner Russell would like to respond quickly. Two minutes. Two minutes. Let him respond because you would want to respond to what was just said. Commissioner Reyes: No. But want to make a proposal. That's what I -- Chair King: Okay. That's going to be great. Commissioner Russell: Just a moment. Chair King: But he just wants to -- Commissioner Reyes: 1 want to make a proposal then that's it. Chair King: Let him respond. Let him respond. Commissioner Reyes: Okay. I want him to make a motion. Chair King: Two minutes. Two minutes. Two minutes, Commissioner Russell. Commissioner Russell: Thank you. I appreciate the time. 1 do not appreciate a tax on my character or being called underhanded. Vice Chair Carollo: Oh, God. Commissioner Russell: We all -- you're going to call me underhanded, that implies that I'm lying to this dais, that llied when we voted earlier and that's not right. Now to say that we all fight for our districts, we do, and we should. The fact that I'm truing to get things done in my district, I should. But what you're asking from me is not something for the rest of the City, it's to undermine another project in my district against the will of the residents that we've already voted on and I can't do that. Commissioner Reyes: Madam -- Commissioner Russell: My character says we voted on that, so I won't give a seawall where it was. So, what do you want to know that you don 't feel I'm being straight about? Because the five million dollars can be spent anywhere on the baywalk and the riverwalk. That was in that deal. That's done. Now what I'm working on through this legislation is simply so that we can work on the baywalk, right? Commissioner Reyes: Madam? Commissioner Russell: And connect. Commissioner Reyes: Madam? Commissioner Russell: But that five million is not restricted. That was part of what got Joe's vote on that five million was that it could be used in the river as well. There's nothing underhanded going on here at all. But I am absolutely unhappy with where Freedom Park is on it's no -net loss policy right now. City of Miami Page 94 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Reyes: Madam? Commissioner Russell: Please -- I have not said that before, but I'm saying it right now. Chair King: Let him -- he's got 48 seconds. Commissioner Russell: I'm trying everything I can to create new active and open space in our City before 1 leave, and this is the biggest thing that I can leave behind. Commissioner Reyes: Madam? Commissioner Russell: To be willing to give up the no -net loss policy is huge. Commissioner Reyes: Make the motion. Commissioner Russell: And you had it. Commissioner Reyes: Make the motion. Make the motion. 1 want you to make the motion as you did before and also what I want you to do what -- a proposal also to bring the Morningside Park, bring it again so we could argue. Make the motion. Commissioner Russell: But then we don't need to reconsider. Commissioner Reyes: Make the motion. Commissioner Diaz de la Portilla: It was already reconsidered. Commissioner Reyes: Make the motion to pass this and with the amendment that it's not going to be used for no -net loss and not going to use the -- my amendment. The amendment. Commissioner Russell: All right. I'd like to move SR.1 -- Commissioner Reyes: Okay. Commissioner Russell: -- including the two amendments brought earlier by Commissioner Reyes regarding no -net loss and impact fees. Commissioner Reyes: Impact fees. Vice Chair Carollo: (INAUDIBLE) -- Commissioner Reyes: I -- that would -- Commissioner Russell: Would you like mangroves included in your -- Commissioner Reyes: Mangroves included. City of Miami Page 95 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Russell: Yes, and no mangroves. Commissioner Reyes: I second that motion. Chair King: All in favor? Commissioner Reyes: Aye. Commissioner Russell: Aye. Chair King: Aye. Vice Chair Carollo: Nay. Commissioner Diaz de la Portilla: Nay. Commissioner Reyes: That's it. Chair King.• Motion passes. Mr. Hannon: For the record, motion passes 3-2 with Commissioner Carollo and Commissioner Diaz de la Portilla voting no, as amended. Ms. Mendez: Right. And I wanted to clarify, nothing addressing Morningside, correct? It's no mangroves everywhere along the baywalk, correct? Vice Chair Carollo: Including Morningside. Including Morningside. Commissioner Russell: True. Vice Chair Carollo: That's what the motion said. Commissioner Russell: It's part of the baywalk, so yes. Ms. Mendez: Okay. Fine. Vice Chair Carollo: I mean, we weren't talking about any other site as much as we did Morningside. Ms. Mendez: Okay. Chair King: We have -- Vice Chair Carollo: But I'm glad, at least, thatl, you know, got the quail out of the bushes here. And it was clear that we didn't have any money whatsoever for any of this except the five million that I remember very distinctly, and if you could, Mr. Clerk, you should have minutes of that meeting way back then when we approved to go to a referendum, the Freedom Park Item. Let's go over that and see what said Mr. Russell then about the five million dollars and the baywalk and Downtown Miami and connect it with the river and everything and what he says now. But, you know, if City of Miami Page 96 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 you're going to get so huffy and puffy, you know, you being questioned and challenged -- Commissioner Russell: No, I think -- Vice Chair Carollo: By the way, I've just got a quick question for you. Have you found a place to rent that you could have more than one toilet? You can 't answer that one, can you? Chair King: We have one item left. It's DI.4. Vice Chair Carollo: Yes. Commissioner Diaz de la Portilla: He was not happy with you right now. You saw it? Vice Chair Carollo: No, because he can 't answer it. He knows what's going on. He can't answer it. Commissioner Diaz de la Portilla: He has a new bathroom, right? City of Miami Page 97 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 SR.2 ORDINANCE Second Reading 11748 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, AUTHORIZING DEVIATIONS FROM THE STANDARDS FOR "TEMPORARY BANNERS" SET FORTH IN CHAPTER 62/ARTICLE XIII/DIVISION 8 OF THE CODE OF CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/TEMPORARY BANNERS," FOR SUCH PERMITS ISSUED WITHIN A PORTION OF THE CENTRAL BUSINESS DISTRICT FOR DISPLAY IN CONNECTION WITH THE MIAMI FORMULA 1 GRAND PRIX BETWEEN APRIL 15, 2022, AND MAY 15, 2022; ESTABLISHING TERMS AND CONDITIONS IN ORDER TO REGULATE THE ACTIVITIES FOR TEMPORARY BANNERS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14058 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Chair King: At this time if my colleagues don't mind, 1'd like to take SR.2 out of order. Commissioner Russell: I'll move the item, Chair. Vice Chair Carollo: Which is this one? Chair King: SR.2 is the item -- Vice Chair Carollo: Yeah, I don't -- I don't mind taking it out of order. Chair King: Okay. So, do I have a motion? Commissioner Russell: So moved. Vice Chair Carollo: Is it okay, Commissioner? Commissioner Reyes: Yes, sir. Todd B. Hannon (City Clerk): I'm sorry, who's the mover? Vice Chair Carollo: Motion. Chair King: Commissioner Russell. Vice Chair Carollo: Second. City of Miami Page 98 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Chair King: Vice Chair is the second. Can we open it up for public comment, please? Is anyone here to speak on SR.2? Barry Rush: Good morning, Commissioners, my name is Barry Rush and I'm here to answer any questions, if anyone has them, on SR.2. Vice Chair Carollo: 1 do, Barry, and thank you for being here today. My understanding is that the City's take has been worked out now so it can be 50,000 per month, per location? Mr. Rush: Yes, as you know or understand, the signs will be up for only a two -week period, and it will be $50, 000 per permit. And we anticipate having two permits for the FI race. Vice Chair Carollo: Okay, it's only two weeks, though? I thought it was more, Barry. Mr. Rush: No, it's just a two -week period that we're going to be up. Vice Chair Carollo: Okay, so we're doing real good then. Mr. Rush: I think so. Vice Chair Carollo: Yeah, at 50,000. Mr. Rush: I think so. Vice Chair Carollo: Okay. Well, thank you very much for being fair. That's what I like. Mr. Rush: I think it's really cool for the city, too, when you have an event like this to have those -- to display something like this. I think this makes the city look really vibrant and alive. And maybe there will be other opportunities for other events being held at the park. Vice Chair Carollo: Thank you, and bottom line, to my colleagues, when I asked for this to be deferred, the offer on the table was 25,000 per sign. It's been worked out now so it could be 50,000 per sign. So, I think we can move forward with this. Mr. Rush: Thank you. Chair King: Thank you. Is there anyone else here to speak on SR.2? Seeing none, public comment is closed for SR.2. All in favor? Mr. Hannon: Chair? Chair King: Oh. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 99 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Chair King: Thank you. Are we ready to vote? All in favor? The Commission (Collectively).: Aye. Chair King: Motion carries. END OF SECOND READING ORDINANCES City of Miami Page 100 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 11334 AN ORDINANCE OF THE MIAMI CITY COMMISSION PURSUANT RESOLUTION NO. R-18-0440 ADOPTED ON OCTOBER 11, 2018 City Manager's Office AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT WITH THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, LOCAL 587 ("IAFF") TO RESOLVE THE UNFAIR LABOR PRACTICE PETITION FILED BY IAFF IN THE CASE STYLED MIAMI ASSOCIATION OF FIREFIGHTERS LOCAL 587, IAFF V. CITY OF MIAMI, CASE NO.: BP-2018-001 (CR-2018-001 AND CA-2010-124) AND RESOLUTION NO. R-18-0489 ADOPTED ON OCTOBER 25, 2018 AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT WITH THE WALTER E. HEADLEY, JR., MIAMI LODGE #20, FRATERNAL ORDER OF POLICE, INC. ("FOP") TO RESOLVE THE UNFAIR LABOR PRACTICE PETITION FILED BY FOP, LODGE #20, CASE NO.: CA-2010-119 AND BP-2017-013 (CR-2017-001) AMENDING CHAPTER 40/ARTICLE IV/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI FIRE AND POLICE EMPLOYEES RETIREMENT TRUST;" MORE PARTICULARLY BY AMENDING SECTIONS 40-191, 40-203, AND 40-210, TITLED "DEFINITIONS," "BENEFITS," AND "GENERAL CONDITIONS," TO AMEND THE DEFINITION OF COMPENSATION PROVIDING FOR THE RULE OF "64" OR "68" AND AN INCREASE IN BENEFITS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Chair King: Okay. Do I have a motion for FR (First Reading) -- may I have a motion for FR.1, FR.2, and FR.3? Vice Chair Carollo: Okay, FR.1 -- Commissioner Reyes: I move it. Chair King: You move it? John Greco (Deputy City Attorney): We need to -- Madam Chair, I need to read the -- Chair King: Yes, okay. Can you read all three of them into the record? Mr. Greco: Yes. FR.1. City of Miami Page 101 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Greco: FR.2. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Greco: FR.3. The Ordinance was read by title into the public record by the Deputy City Attorney. Chair King: May I have a motion to pass FR.1, 2, and 3? Commissioner Russell: So moved. Moved. Chair King: Do 1 have a second for FR.1, 2, and 3? Vice Chair Carollo: Hold on. IfI could pull, so I could vote for two of the others, FR.2, and then we'll take that right up. Commissioner Diaz de la Portilla: Yeah, let's pull FR.2. I agree. [Later...] Chair King: Okay. So, do 1 have a motion for FR.1 and FR.3? Commissioner Russell: Move. Commissioner Dias de la Portilla: So moved. Vice Chair Carollo: Second. Commissioner Dias de la Portilla: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Okay. Vice Chair Carollo: Okay, FR.1 and -- Chair King: For discussion -- I'm sorry? Vice Chair Carollo: FR.1 and -- Chair King: And FR.3 passed, yes. City of Miami Page 102 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 FR.2 ORDINANCE First Reading 11746 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 18/SECTION 2-1272 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/CLIMATE RESILIENCE COMMITTEE/COMPOSITION; APPOINTMENT AND TERMS OF OFFICE OF MEMBERS; FILLING OF VACANCIES," TO INCREASE THE NUMBER OF VOTING MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FROM NINE (9) TO ELEVEN (11) MEMBERS WITH THE ADDITION OF TWO (2) MEMBERS BEING CITY OF MIAMI RESIDENTS FROM THE YOUTH POPULATION OF EIGHTEEN TO TWENTY-FIVE (18 — 25) YEARS OLD WITH A STRONG INTEREST AND BACKGROUND OR EDUCATION IN CLIMATE RESILIENCE TO BE APPOINTED BY THE MAYOR; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For additional minutes referencing Item Number FR.2, please see "Public Comments for all Item(s)" and Item Number FR.1. Chair King: So, FR.2 is now up for discussion. Vice Chair? Go ahead. Commissioner Russell: FR.2. Vice Chair Carollo: We're voting now, right, on FR.1 and FR.3? Chair King: Yeah, we already did. Vice Chair Carollo: Okay. So, FR.2. Chair King: Yes. Vice Chair Carollo: I would vote in favor of including -- Chair King: You've got to turn your mics. Vice Chair Carollo: I would vote in favor of including someone younger, than the age bracket that has been proposed, within the nine people that we have. I'm just not in favor of increasing it by two others, bringing it to eleven. So that's my position. Commissioner Russell: I'll move it and I'll accept that amendment. Vice Chair Carollo: Okay. City of Miami Page 103 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Diaz de la Portilla: To increase it to 11? Chair King: No. To include the -- Vice Chair Carollo: Nine. Chair Kiong: -- nine -- in the nine, a youth member, two youth members. Commissioner Diaz de la Portilla: So you want to leave it at nine? Okay. Commissioner Russell: Madam Chair? Vice Chair Carollo: One youth member within the nine. Commissioner Russell: Just a question for the Clerk. So, ifI understand correctly, of the nine members two are not currently required to be from a certain background at any rate. So, it could easily be those two. Because the others are all very specific, engineer, you know, architect, that sort of thing, and 18 to 25 might be tough. But I believe we have two seats, they're currently filled, so 1'd like this to --1 don't know how we do this so that we don't actually boot someone off the board right now. Commissioner Diaz de la Portilla: Well, no. Two seats that are currently -- ifI may, two seats that are currently filled, one is my appointment that I haven't made yet. Commissioner Russell: Oh, okay. Commissioner Diaz de la Portilla: So, I have a right to pick my person. Commissioner Russell: That would be one of the 18 to 25? Commissioner Diaz de la Portilla: Correct. Well, no, no, no. Commissioner Russell: (UNINTELLIGIBLE) chooses. Chair King: It could be -- Commissioner Diaz de la Portilla: No, no, it could be anyone that I choose. Right? Because I haven't appointed anyone. Commissioner Russell: So that would be another amendment then. The Mayor -- Mayor's no longer necessarily specifically -- Chair King: Well, I have an appointment, right? Commissioner Diaz de la Portilla: We both do. Chair King: Okay, mine will be a youth. Vice Chair Carollo: And I would like to include in that amendment that one will be a male, one will be a female. City of Miami Page 104 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Chair King: Okay. Commissioner Diaz de la Portilla: And no transgender? Okay, so male and female. We got it. Chair King: Okay. My person will be a youth. Commissioner Diaz de la Portilla: Mine probably will be too -- Chair King: Okay. Commissioner Diaz de la Portilla: -- but I have the right to pick who 1 want. Commissioner Russell: Mr. Clerk, sorry. Chair King: Right. Yes? Todd B. Hannon (City Clerk): So, there are nine members on the Climate Resilience Committee. Chair King: Yes. Mr. Hannon: Six out of the nine need to have a particular designation. Chair King: Yes. Mr. Hannon: So, you have three that are open, so if we could go back over the amendments I just want to be clear as to the -- the age that you're looking for as well as the gender. So, there are three that essentially do not need a designation. Chair King: Okay. Commissioner Russell: So, the intent is that 18 to 25 be the bracket we're looking for, that two of the seats anywhere amongst the nine could be from that 18 to 25, but mandatorily, two of them must be. So, it doesn't have to be within the three unclassified -- classified's not the right word -- Mr. Hannon: I understand what you're saying. Commissioner Russell: And so, any one of us, including the Mayor's appointment or any one of our board appointments, could technically be the 18 to 25 seat, it just happens to be what's available now and happens to be the Commissioners'. So, it won't necessarily be mandatorily chosen by the Mayor. Is that clear? Because the current ordinance states that it's two additional seats chosen by the Mayor. Instead, Commissioner Carollo's amendment would be that it's within the nine, within the body of nine. So, the rest of the process stays exactly the same. Chair King: Mr. City Clerk? City of Miami Page 105 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Mr. Hannon: So once this ordinance passes on second reading and we do not, of the nine members, have someone who's 18 through 25, how do we approach that? Commissioner Russell: We have openings? Mr. Hannon: There are, yes. Chair King: Yes. Butt have already said my appointment will be 18 to 25. Commissioner Diaz de la Portilla: Okay, my appointment will be whoever 1 choose. Because I'm replacing somebody who's not 18 to 25. Like every other Commissioner has chosen who they wanted, right? Vice Chair Carollo: No, I have not. Commissioner Diaz de la Portilla: No, you have not, butt have. Vice Chair Carollo: No, I have not, but I'm fair to the guy that I've got there, and I've been kind. Mr. Hannon: There are currently members who are serving that already have these designations, so we would need to discuss, if you're going to appoint someone outside of the designation currently for that board member serving District 1, how we would approach that. Commissioner Diaz de la Portilla: Okay, well who is serving in District I? What designation? I think it's not -- doesn't have any, butt could be wrong. So, clam. Mr. Hannon: The person that's currently serving -- give me one second -- Commissioner Diaz de la Portilla: Without a name, just what designation. Mr. Hannon: Without a name, it's under the Economics category. Commissioner Diaz de la Portilla: Which is what? Mr. Hannon: Say again, sir? Commissioner Diaz de la Portilla: Which is what? Economic what? Mr. Hannon: It's general, in general, there's no -- Commissioner Diaz de la Portilla: Anything that's economic. Mr. Hannon: Correct, economics. Commissioner Diaz de la Portilla: Okay, which is everything. Right? Mr. Hannon: Yes. I'm just making sure we're all on the same page. City of Miami Page 106 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Diaz de la Portilla: Yeah, okay, we're on the same page. Economics means almost anything. Mr. Hannon: Very broad, yes, sir. Commissioner Diaz de la Portilla: Yes, sir. Okay. So, it could be anybody of any age with the experience necessary to serve, right, that 1 can name, correct? Mr. Hannon: Yes, sir. Commissioner Diaz de la Portilla: That's what 1 need to know. Okay. I agree with what you're doing. Chair King: Okay. Commissioner Russell, are you okay? Are we ready to vote? Vice Chair Carollo: Moved. Commissioner Diaz de la Portilla: Second. Mr. Hannon: So, again, the amendment is eleven members -- Commissioner Diaz de la Portilla: Nine. Chair King: No, it's nine. Mr. Hannon: Okay, nine. No, I just want to make sure. 9 members and then 2 of the 9 need to be 18 through 25. That's it. Chair King: Yes. Yes. Commissioner Diaz de la Portilla: With the Chairwoman already got one, so one down, one to go. Mr. Hannon: Understood. Chair King: Right. Okay, going once, going twice, all in favor? The Commission (Collectively): Aye. Mr. Hannon: And, Chair, the seconder was? Commissioner Russell: Commissioner Carollo. Commissioner Diaz de la Portilla: Carollo was the second. Chair King: Motion passes unanimously. [Later...] (COMMENTS MADE OFF THE RECORD) City of Miami Page 107 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Chair King: Okay, the City Clerk wants to clarify that Commissioner Russell is aware that the youth member has to come from the City of Miami, has to be a resident. I told you he knew that. Vice Chair Carollo: Yeah. Commissioner Russell: It's in the -- that's in the -- Vice Chair Carollo: It's there, yeah. Chair King: It was in the last time. Todd B. Hannon (City Clerk): It wasn't clear to me, and I have to make sure. Chair King: Okay. Okay, so it's clear to everybody that that youth member has to be a resident of the City of Miami. Commissioner Reyes: Yes. Vice Chair Carollo: Yes. Mr. Hannon: The two seats from the 18 to 25 age group have to be City of Miami residents. Vice Chair Carollo: Yeah. Mr. Hannon: Understood. Chair King: Okay. Commissioner Russell: Do you need a reconsideration or an amendment or anything like that? Vice Chair Carollo: Nope, just clarification. Mr. Hannon: No, no, it was just clarification. So now seven can fall under the other categories of live, work, whatever, but the other two have to be City of Mianzi residents. Chair King: Okay. Commissioner Russell: Whoever the youth are, must be. Mr. Hannon: Yes. Commissioner Russell: They may actually be a youth engineer or a youth economist. Mr. Hannon: Understood. City of Miami Page 108 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Russell: But they have to be -- Mr. Hannon: A City ofMiami resident. Commissioner Russell: Correct. FR.3 ORDINANCE First Reading 11784 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("PROCUREMENT CODE"), TITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE", MORE PARTICULARLY BY AMENDING PROCUREMENT CODE SECTION 18-72, TITLED "APPLICATION AND EXCLUSIONS", SECTION 18-73, TITLED "DEFINITIONS", AND SECTION 18-116, TITLED "PERSONS RETAINED AS EXPERT CONSULTANTS", TO ADD THE WORDS "OR FIRMS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number FR.3, please see Item Number FR.1. END OF FIRST READING ORDINANCES City of Miami Page 109 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 11660 A DISCUSSION REGARDING THE ANNUAL REPORT FOR PLANNING, ZONING AND APPEALS BOARD. City Manager's Office RESULT: DISCUSSED Chair King: So, again, back to the Annual Board Report, PZAB (Planning, Zoning and Appeals Board), DI.1. Arthur Porosoff.' Good day, Commission. I'm here, Arthur Porosoff, on behalf of the Planning and Zoning Board. Chair Garavaglia asked me to come by and share the report, which I believe you guys have a copy of and wanted to find out if you guys would like for me to read it or if have any questions regarding the report. Chair King: I don't have any questions. Do any of you? Vice Chair Carollo: Whatever you would like, Chair. Chair King: Do you have a question, Commissioner? Commissioner Reyes? Chair King: Do I have a motion to accept the report? Mr. Hannon: Chair, no motion is necessary. It's just a discussion item. Chair King: Oh, we're just accepting it, okay. All right, thank you, thank you for corning. Thank you for your good work. Mr. Porosoff: Fair enough, fair enough. I would like to make one -- one -- one comment. Can I? Chair King: Please. Mr. Porosoff: Fair enough. So, I guess this is regarding some of the City Commission's restrictions regarding, you know, the Board. And it was really just one item that I just kind of wanted to outline and it had to do, it's the City Commission restriction in 2021, the Commission kind of restricted the ability of the PZAB to defer items for more than six months. And one particular item I thought was quite important was, you know, if there's an SAP (Special Area Plan) that comes before the Board, you know, I think, you know, six months is kind of a short time. So, f you guys want to take a look at that and push that through to make that a year, I think that would be a little bit better. They don't come up very often, so when they do I think it's more of an item that really impacts the community, so take a look at that and see if at some point you guys want to make a change on that restriction. That's just something I thought would be valuable. That's it. Thank you very much. Vice Chair Carollo: Thank you. City of Miami Page 110 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 DI.2 DISCUSSION ITEM 11463 Code Compliance Task Force A DISCUSSION ITEM REGARDING THE CODE COMPLIANCE TASK FORCE RECOMMENDATIONS FINAL REPORT. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item DL2 was deferred to the April 28, 2022, City Commission Meeting. Chair King: Okay, lets take up DI.1, Annual Board Report, PZAB (Planning, Zoning and Appeals Board). Commissioner Diaz de la Portilla: Madam Chair, 1 need to step out for five minutes. 1 want DI.3 deferred. Vice Chair Carollo: Which one? Commissioner Diaz de la Portilla: DI 3. Chair King: DL3. Vice Chair Carollo: D1.3? Commissioner Diaz de la Portilla: Yes, sir, the motorized scooter program, deferred. Chair King: Okay, will do. Vice Chair Carollo: That's going to be deferred? Commissioner Diaz de la Portilla: Yes, sir. Vice Chair Carollo: Okay. Chair King: Okay. Okay. Todd B. Hannon (City Clerk): Commissioner Diaz de la Portilla, I'm sorry, you mentioned that DI.2 was going to be deferred? Do you have a particular date? Is it the second meeting in April or the first meeting in May? Commissioner Diaz de la Portilla: April 28th. Mr. Hannon: Apri128th. Understood. City of Miami Page 111 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Chair King: Okay, so before we take the report, 1 would like to defer D1.2 and D1.3. May I have a motion for that? Commissioner Russell: So moved. Chair King: Second? Vice Chair Carollo: DI -- Chair King: 2 and 3. Vice Chair Carollo: 2 and 3, okay. Chair King: Are you going to do your DI4, or do you want to defer that? Vice Chair Carollo: Well, I'd like to see if -- are we planning on coming back after lunch? Chair King: If we have to, yes. Vice Chair Carollo: Okay, so then leave that for later. Chair King: Okay. All right. So, I have a motion -- Commissioner Reyes: What about DI2? Vice Chair Carollo: What's the matter, Ken? Commissioner Russell: I think we're done before lunch. Our Chair is doing an amazing job. This is going to break a record. Chair King: So, we have a motion and a second to defer -- Vice Chair Carollo: It does help to have a female chairing. Chair King: We have a motion and a second to defer DI.2 and DI.3. Commissioner Russell: Move. Commissioner Reyes: Second. Mr. Hannon: And that's to April 28th. Chair King: DI2 goes to April 28th and -- both of them -- yes, both of them to April 28th. All in favor? Mr. Hannon: And I'm sorry, the mover was Commissioner Russell, seconded by -- Commissioner Reyes: Me. City of Miami Page 112 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. DI.3 DISCUSSION ITEM 9171 Commissioners and Mayor A DISCUSSION REGARDING THE RECONSIDERATION OF THE MOTORIZED SCOOTER PROGRAM. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Note for the Record: Item DI.3 was deferred to the April 28, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number DL3, please see "Public Comments for allltem(s)" and Item Number DL2. DI.4 DISCUSSION ITEM 11688 A DISCUSSION ITEM. Commissioners and Mayor RESULT: DISCUSSED Vice Chair Carollo: Well, I can't offer him a good deal on my property in the Grove anymore because it's no longer in his district. But, you know, some people were saying that he wanted to move into Bay Heights, it's why he didn't want Bay Heights included and that's why De Grandy had to move it over. I don't know. Chair King: Commissioner? Vice Chair Carollo: But will say this, that don't appreciate but they're wasting their time in trying to come at me from the rear again on this whole redistricting. Boy are they off completely. On D4 (District 4) (UNINTELLIGIBLE) I'm not going to get into the rights or wrong or the things that we cannot control as to what is going on in our southern border. That's the Federal government's prerogative and the State of Texas to some degree can exercise their laws and will there. But what I want to bring before you today is that in the last year or so we have had two million people, more or less, it's an estimate, it could be more, that have come through the southern border from 158 countries. We have no idea who's come in and the problem that I'm having is that as I walk through Little Havana, different parts of our city, I'm finding more and more and more people on a weekly basis that have recently come from Texas, that they had just crossed our southern border. This is having a tremendous impact in our City of Miami Page 113 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 city, not to mention that we have a crisis. Even the Mayor of Dade County has declared it, in housing here, in affordable housing. Secondly, all the different service that they're going to require, including schooling for kids, but for the most part, what I'm seeing are single males that are coming. Now besides the service that I just mentioned, you got additional police services, fire, medics, so on and so forth. This is going to have a tremendous impact, financially, in the City of Miami. And this is something that we have not created. It's not anything that we could do about it, but we're going to have to pay for it and 1 don 't think anyone can deny that we are one of the major, major gateway cities that many of the people that are crossing the border are going to end up coming to. The Governor of Texas sent a bus load to Washington, D.C. They said they volunteered to go. The minute they got off you had six Venezuelan nationals that said they wanted to come to Miami. Believe it or not, just in the last two months, almost 10,000 Ukrainians have crossed over. These are not Central Americans, these are not Mexicans, these are Ukrainians. The whole world has heard that we don 't -- we don 't have a border anymore, that you just pay the coyotes, and you get through and that's fine, you're home free. END OF DISCUSSION ITEMS City of Miami Page 114 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 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 Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 115 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 BC.2 11553 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes City of Miami Page 116 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 BC.3 6672 Office of the City Clerk BC.4 11719 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 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Ken Russell Commissioner Christine King City of Miami Page 117 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 BC.5 11096 Office of the City Clerk BC.6 11098 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gabriel Paez Civilian Investigative Panel RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: 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 118 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 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 Ken Russell Commissioner Christine King Commission -At -Large Commission -At -Large City of Miami Page 119 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 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 120 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 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 121 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 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 122 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 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 123 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 BC.14 11755 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: Hugh Ryan (Historian/Architectural Historian - Category 3) ENACTMENT NUMBER: R-22-0144 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Commissioner Joe Carollo Chair King: Okay. Which brings us back -- can we go through the Boards, Mr. City Attorney? Do we have any Board appointments? Todd B. Hannon (City Clerk): Good morning, Chair. There are two Board appointments, BC.14, Historic and Environmental Preservation Board, Vice Chair Carollo will be reappointing Hugh Ryan. Commissioner Russell: So moved. Chair King: Second. Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectivelv): Aye. City of Miami Page 124 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 BC.15 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 Commission -At -Large City of Miami Page 125 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 BC.16 11720 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING A CERTAIN INDIVIDUAL AS A MEMBER OF THE LITTLE HAITI REVITALIZATION TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Alisa Cepeda ENACTMENT NUMBER: R-22-0145 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla NOMINATED BY: City Manager Arthur Noriega, V Todd B. Hannon (City Clerk): BC.16, Little Haiti Revitalization Trust, City Manager would like to reappoint Alisa Cepeda. Commissioner Russell: So moved. Commissioner Reyes: Move it. Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: So moved. Mr. Hannon: That concludes the Boards and Committees. Thank you, Chair. City of Miami Page 126 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 BC.17 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 Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large City of Miami Page 127 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 BC.18 8805 Office of the City Clerk BC.19 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 128 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 BC.20 9270 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI TECHNOLOGY COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez 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 129 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 BC.21 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 130 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 BC.22 11273 Office of the City Clerk BC.23 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 131 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 BC.24 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 132 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 PZ.1 8718 Office of Zoning PART B: PZ - PLANNING AND ZONING ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT AFFIRMING/REVERSING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-21-009 REVERSING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "DENIAL OR REVOCATION OF CERTIFICATE OF USE", AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PERMITTED USES", FOR THE PROPERTY LOCATED AT APPROXIMATELY 90 NORTHEAST 11 STREET, MIAMI, FLORIDA ("PROPERTY"), AND AFFIRMING/REVERSING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED 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.1 was continued to the May 12, 2022, City Commission Meeting. Chair King: Gentlemen, would you now like to take up SR.1 or would you like to move to the PZ (Planning and Zoning) item? Commissioner Reyes: SR.1 it is -- oh, sorry. SR.1, it is the -- the -- Vice Chair Carollo: I think we should have a full commission on that. Commissioner Reyes: That's right, that's what I was -- Chair King: Okay. So, let's take up the PZ item. Commissioner Reyes: The PZ item. Chair King: Good morning. Daniel Goldberg: Good morning. Daniel Goldberg, Zoning Administrator. PZ.1 is the denial of the issuance of a certificate of use at 90 Northeast 11 th Street,, for the -- for a medical marijuana dispensary. Just a little bit of background, this CU (Certificate City of Miami Page 133 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 of Use) was denied March 31, 2019. It was appealed to the Planning, Zoning and Appeals Board, which heard the appeal, and adjudicated, and reversed the decision of the zoning administrator on February 17, 2021, by a 7-4 vote. (INAUDIBLE). Commissioner Russell: I believe his mic is off. Vice Chair Carollo: We can't hear you. Chair King: Oh, I'm sorry. Mr. Goldberg: No, it's on, I'm sorry, it was just an adjustment. Vice Chair Carollo: Did you say it was approved or denied? Mr. Goldberg: It was initially denied, and the applicant appealed the Planning, Zoning and Appeals Board, which reversed the decision of the zoning administrator and required the issuance of the CU. That decision was appealed to this body. Vice Chair Carollo: Who's the zoning administrator? Mr. Goldberg: At the time -- the zoning administrator is myself but at the time of initial denial it was Joe Ruiz. And at the time of appeal to this body, it was the interim which was Tamara Frost. Vice Chair Carollo: Okay. Mr. Goldberg: The basis for the denial is that Miami 21 contains a provision, Section 2.2.2, which provides that in the event of a conflict with a more restrictive law or regulation or one imposing a higher standard, that that law or regulation controls. Miami 21 is silent as to medical marijuana dispensaries. State law requires that they be treated the same as a pharmacy, which under our zoning ordinance is a general commercial use, allowed in many places in the city. The conflict arises from the fact that notwithstanding State law which permits medical marijuana dispensaries in certain instances, federal law, particularly the Controlled Substances Act and the DEA (Drug Enforcement Agency) through its rule -making authority, prohibits the sale or dispensing of any Schedule 1 drug, which marijuana is classified as at this time. I am available for any questions you may have. Commissioner Reyes: I -- that means that -- Chair King: Commissioner Reyes, would you like to be recognized? Commissioner Reyes: I would like to be recognized. Thank you, Madam. You know, sometimes I am -- Chair King: I understand, but you're -- Commissioner Reyes: -- my passion takes over me. Chair King: -- you're out of order for my -. I go to my Vice Chair first -- City of Miami Page 134 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Reyes: Okay, okay, okay, okay. Chair King: -- and then Igo -- Commissioner Reyes: I forgot that. Chair King: Yes. Vice Chair Carollo You can go ahead. Chair King: Go right ahead, Commissioner Reyes. Commissioner Reyes: No, I -- my position about it has not changed, about dispensers. I agree with federal law, which is if it is -- if it is medical, it's being treated as a medicine, it has to go through the same procedure as any other -- it has to be dispensed through pharmacies, and with a doctor's prescription. And I have seen those, I would say that they are some certificates, that you can find in -- in the internet. And you can go and buy it. I mean if voting -- I mean, if I moved to reverse the decision of PZAB that means that they are not going to be able to have this. Mr. Goldberg: That's correct. If you reverse their decision, it would be denied. Commissioner Reyes: I move to reverse the decision. Vice Chair Carollo: I second it. Derick Vollrath: If may be heard? Vice Chair Carollo: No. Mr. Vollrath: I'm here on behalf of MRC-44. Chair King: You're speaking on behalf of who? Mr. Vollrath: MRC-44, the applicant, and the FLE. Chair King: Okay. Commissioner Russell: Madam Chair, is he sworn in? Chair King: Pardon? Commissioner Russell: Were you sworn in this morning? Mr. Vollrath: I was not. I'm happy to be sworn in now. I was not aware of whether -- this is my first appearance before City Council. Chair King: Mr. City Clerk. City of Miami Page 135 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Vollrath: I do. Mr. Hannon: Thank you, Chair. Mr. Vollrath: Thank you. I would like to point out that we are here on the City's appeal of the granting by the Board of Appeals and the Zoning Department's -- their granting of our certificate of use. So, it has not been denied. It is the City that is appealing the granting of the certificate. I also want to point out that the issuance of a certificate of use is not discretionary. That if the proposed use complies with the Zoning 21 regulations, the City is required to issue it. And here 1 don't believe there's any disagreement that the property is located in Transect Zone T6, 60-AO, which allows the greatest variety of uses including and a -- including for the selling of pharmaceuticals for immediate purchase and removal by the consumer. What's held this up as the City observes is that the City takes the position that the issuance for the certificate of use would violate federal law. And as you, ladies and gentlemen, are certainly aware, this has been pending for some time. And while it's been pending there's been litigation on this issue. And in fact, the federal court, a federal judge, has decided that there is no preemption issue, that federal law does not conflict with the state law on this issue. And to your observation, Mr. Reyes or Commissioner Reyes, there are actually special laws in Florida that were passed to give effect to the constitutional amendment that permitted medical marijuana. And that's Florida Statute 381.986, which sets up a special regime for the regulation of medical marijuana treatment facilities including dispensaries. And it gives the City three options. The City may ban medical marijuana dispensaries in their entirety; it may regulate them by ordinance as pharmacies, or it may do nothing. In which case may impose no restrictions. And so respectfully I don't believe the City is correct to say that these are regulated like pharmacies because the City has not availed itself of that option under the statute. And so, it's under that third option that there are no restrictions. And thus, Florida law does not prohibit any further restriction other than the generally applicable Miami Zoning 21 regulations. And accordingly, an issuance of a certificate of use is required. Chair King: Commissioner Russell? Commissioner Russell: Thank you. And I just want to get clarification on the motion, please, because we're hearing an appeal and so we either have to grant or deny the appeal. And my understanding is to -- the appeal is of the Administration to us, and so if we grant the appeal, we are basically denying the applicant and denying PZAB. If we deny the appeal, we're standing with PZAB and with the applicant. So, I just wanted to get clarification on what your motion is. Commissioner Reyes: Madam City Attorney, if we deny the appeal what happens? Ms. Mendez: If you deny the appeal, then they get their certificate of use for a marijuana dispensary. If you grant the appeal, then you reverse the PZAB decision, and they do not get it. City of Miami Page 136 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Reyes: Well, I move to grant the appeal. Commissioner Russell: I figured that, but I just wanted -- Commissioner Reyes: Thank you very much, but you know how I feel. And we're still in court with that, Madam City Attorney? Ms. Mendez: Correct. 1 disagree a little with the -- counsel's description of what happened at the federal court level. Also, I wanted the body to know that they do not have an active marijuana dispensary license either. So, to the extent that that may also be an issue fbr further litigation, that is also an issue. Mr. Vollrath: May 1 continue, Madam Chair? Chair King: Commissioner Russell? Commissioner Russell: Yes, so to my best understanding in studying both our Code, state law, and the federal situation, there's over a thousand cities across the country that have approved medical marijuana. Our request for a federal deck action which we discussed here on the dais several months ago led to this going before a federal judge. And my understanding of his ruling was that the City didn't do its job, that the City must take a position and we didn't, so he wasn't going to either and he sent it back down. My understanding of the state law is that we have the ability as a body to set policy in the negative. If we want to ban and prohibit dispensaries, we can make that ordinance. But for lack of doing so the default, under state law, is a yes and it's allowed. So, for my part this application seems to be okay, and I feel like our Administration is being very careful with us and waiting for direction and this will be our first day to sort of make that choice, make that direction. So, I would not be in favor or the motion that's being made at this time. Chair King: Okay. Commissioner Reyes: Are you still -- Chair King: Commissioner Reyes, I can't hear you. Commissioner Reyes: You still second the motion? Chair King: You second the motion to? Vice Chair Carollo: Yes, for discussion. Chair King: For discussion. Vice Chair Carollo: Yeah. Chair King: Okay, so the motion on the table now is whether we are going to grant the appeal or deny the appeal. Commissioner Russell: The motion is to grant the appeal. City of Miami Page 137 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Chair King: The motion is to grant the appeal which would be in favor of the -- Commissioner Russell: Administration. Chair King: -- Administration, if we grant the appeal. Commissioner Russell: Right. Chair King: If we deny the appeal, it's in favor of the applicant. Commissioner Russell: Right. Chair King: Are we ready to take a vote on this? Vice Chair Carollo: Well, I want to further discuss this. Chair King: Oh, I'm sorry. I'm sorry. Go ahead, Vice Chair. Vice Chair Carollo: Well, this is what some call the Cheech and Chong Ordinance. The gentleman here made a very lively observation on what he thinks a federal judge stated. The City Attorney differs. Unfortunately, you're not our City Attorney, she is, so you get trumped over her decision. But I'd like to see what the Chair would have to say on. this. Chair King: Well, I believe the City Attorneys Office as well as my colleagues are not on the right side of this. As Commissioner Russell said, medical marijuana is legal in several states now. It's going to happen; it is going to happen here sooner than later. The federal government is going to legalize the use of medical marijuana as well, sooner than later. The Florida State Legislature passed legislation making medical marijuana legal in the State of Florida. You can go to other municipalities and use a dispensary, so I'm not clear what the hesitation is here in the City of Miami. I think medical marijuana in its proper use is a benefit for many of the residents in the City of Miami, or will be, particularly for our elderly, community. So, I just think we're on the wrong side of this. And it will happen. It will happen. Vice Chair Carollo: Well just an observation, a statement that's got nothing to do with my vote on this because I'm voting what -- and each of us will vote on what we think the law is, but I remember when I played football and I was the same height as I am now except I was a lot more solid in my 215 pounds back than I am at a much higher weight today. Commissioner Diaz de la Portilla: What's that weight? Vice Chair Carollo: Enough to carry myself I remember some of my friends on the team, big boys, 6'4 ", about 250, another was 6'5 ", inaybe 255, 260, and they would double team me. And I'd be knocking these guys all over the place. And you wonder why? Well, it wasn't that was that strong, I was but not enough for two big guys like that, bigger than me, but these guys spent their whole time, you know, back in the day when it wasn't called medical marijuana. Now back when I was in high school City of Miami Page 138 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 medical -- well marijuana, excuse me, was much weaker than it is today. Today the -- it can be 20, 30 times more potent than what we had then. And I remember, 1 remember that. I just think that our governments shouldn't be so hypocritical and, you know, instead of using this terminology of medical when the truth is that the majority of the people that are going to use it, not for a medical reason. Because they want to get high, they want to feel good. That's fine. But I would feel more comfortable if we just take the medical and just do like they do in some other countries. I'm just concerned as an individual with people that are driving out there. You don't know any more what someone's on when they get behind a wheel, when they're driving erratic, when they get into an accident. And, you know, what is our police doing to test for a lot of this. I know it's coming out DUI, under the influence, but under the influence of what? So, anyways, these are just observations on my own. Commissioner Diaz de la Portilla: Madam Chair? Chair King: Please. Commissioner Diaz de la Portilla: Can we defer this matter for April 28th? Chair King: If it's the will of the body. I'm ready to vote on it, but if it's the will of the body -- Vice Chair Carollo: Yeah, I'd be willing to defer; it's no problem. Commissioner Reyes: Madam Chair, I -- it's not going to change my position. And I agree with Commissioner Carollo when you call this medical. Medical marijuana -- and there are more than a thousand cities, it could be 200,000, whatever it is, but it is a free for all. They even make gummies that have been accessible to children. So, I don't have anything to any type of medicine that could help a person that is ill. But that should be distributed with -- I mean through a pharmacy, with a medical doctor prescription. What we have now is a free for all. I have friends that have been to Colorado and everybody's smoking on the street, you see. You go into one of these dispensers, you can get gummies and a bunch of things that they have that they are -- that get you high. Vice Chair Carollo: And they'll give you the handicap, too. Commissioner Reyes: Yes. Vice Chair Carollo: The medical handicap. Commissioner Reyes: Yes, the medical handicap, too, to do it: You see, this is what I don't want here. Chair King: Okay, let's -- let's -- Commissioner Diaz de la Portilla: So, what 1 want to do, what 1 would recommend, is that we defer it to the first meeting in May. Commissioner Reyes: That's right. City of Miami Page 139 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Diaz de la Portilla: Let me think about this. I'm sort of in the middle, right? I understand the medicinal marijuana does help a lot of people with specific conditions, like glaucoma and other things of that nature, and pain, but the problem is that it's so broadly defined in Florida that almost anybody can get a prescription. Commissioner Reyes: That's a big problem. Commissioner Diaz de la Portilla: And I don't want a proliferation of medical marijuana dispensaries throughout the City of Miami. But there are medical marijuana dispensaries around the City ofMiami. Somebody can cross the street and do it. So, it's not a question of it's not available, they do it in Miami Beach, they can do it by the airport, they do it in South Miami. So that's not the issue. But there should be some regulations in our city that limits the amount of these dispensaries, number one. And, number two, according to our City Attorney, she says that we have to follow, and I read the State Statutes, she's correct, how pharmacies are regulated. But if you know how pharmacies are regulated, what happens is there's a pharmacy on every corner, a CVS and a Walgreen's across the street. And it takes me back to a debate that we had about the lotto back in the 1990's about where you could sell lotto tickets. First, they wanted to limit it and then all of sudden they're on every corner. Commissioner Reyes: Free for all. Commissioner Diaz de la Portilla: And we know that lotto tickets prey on poor people and, you know, take people's salaries away. This is much more serious issue, it's a medical issue in some cases, it's an addiction issue in other. So, I think it needs to be debated. So, what I want is just to have a conversation with perhaps our City Attorney and come up with some midpoint where we have some dispensaries that people who really need it with a true medical prescription can access the medicine they need, but not have a proliferation of these dispensaries throughout the city. That's why I want a deferral. What I'm asking for is -- I'll make a motion to defer it to the first week of May -- Vice Chair Carollo: I withdraw my second. Commissioner Reyes: I withdraw my -- Chair King: So, if it's the will of the body, would everyone like to defer this item to the first meeting in May? Vice Chair Carollo: Yes. Commissioner Diaz de la Portilla: Yes, ma'am. Mr. Vollrath: May I be heard briefly? Chair King: Go right ahead. Mr. Vollrath: Sure. Commissioner Diaz de la Porche -- Portiche -- City of Miami Page 140 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Commissioner Diaz de la Portilla: No, it's Diaz de la Portilla. Mr. Vollrath: I'm sorry? Commissioner Diaz de la Portilla: Diaz de la Portilla. Mr. Vollrath: Diaz de la Portilla. I apologize. Commissioner Diaz de la Portilla: Yeah, yeah. Mr. Vollrath: The issues that you're talking about and the debate that you would like to -- that you're talking about having, has in a way -- in fact it has already been decided by the Florida Legislature. Commissioner Diaz de la Portilla: I'm aware of that. Mr. Vollrath: Okay. Commissioner Diaz de la Portilla: I'm aware of that. Mr. Vollrath: And it doesn't give the opportunity to -- to pass ordinances that -- that do anything other than regulate them as pharmacies are regulated. Commissioner Diaz de la Portilla: I read the statute. Mr. Vollrath: Certainly. Commissioner Diaz de la Portilla: There is some flex -- some wiggle room in that statute. There is some wiggle room; I read the statute. I happen to be a Florida Legislator for 16 years, so I happen to know a little bit about that world. Chair King: Sir. Commissioner Diaz de la Portilla: So, I read it. And so, the point is well taken, but not really. We're going to defer the item, I think. Mr. Vollrath: Thank you for your consideration. Commissioner Diaz de la Portilla: You're welcome. Vice Chair Carollo: I second the motion for deferral. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: The motion is deferred to the first meeting in May. Commissioner Reyes: Okay. City of Miami Page 141 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 Mr. Vollrath: Thank you. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 142 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 FL - FUTURE LEGISLATION FL.1 ORDINANCE 11722 Department of Parks and Recreation and Office of Capital Improvements AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING CHAPTER 50/ARTICLE II/DIVISION I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "OPERATION OF VESSELS/GENERALLY", BY AMENDING SECTION 50-1 TO ADD A DEFINITION FOR LAMAR LAKE AND CREATING SECTION 50-44, TITLED "LAMAR LAKE/JIMBO'S LAGOON IDLE SPEED/NO WAKE ZONE", TO ESTABLISH A VESSEL IDLE SPEED/NO WAKE ZONE ("ZONE") IN THE WATERS OF LAMAR LAKE, ALSO KNOWN AS JIMBO'S LAGOON; AUTHORIZING THE CITY MANAGER TO UNDERTAKE AND EXECUTE THE NECESSARY APPLICATIONS WITH AGENCIES OF MIAMI-DADE COUNTY, THE STATE OF FLORIDA, AND THE UNITED STATES TO ESTABLISH THE PROPOSED ZONE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 143 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 NA.1 11842 City Commission NA.2 11841 City Commission NA - NON -AGENDA ITEM(S) DIRECTIVE DIRECTION BY COMMISSIONER RUSSELL TO THE CITY MANAGER TO BRING BACK AN ITEM REGARDING THE MORNINGSIDE PARK MASTER PLAN AND ITS SHORELINE FOR THE APRIL 28, 2022 CITY COMMISSION MEETING. RESULT: DISCUSSED Commissioner Russell: Mr. Manager, could you bring back an item regarding Morningside Park master plan? We've already voted on it, but Commissioner Carollo has brought up serious concerns about mangroves. I'd like it addressed. So, a properly noticed item, a discussion item, Jrothe next City Commission meeting on Morningside Park master plan with regard to shoreline. Mr. Noriega: You want to do it the next meeting? Commissioner Russell: Yes, please. Because these are separate issues, realiv. They're not related to each other. Chair King: They are. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING PRESIDENT JOSEPH R. BIDEN, JR., SENATORS RICK SCOTT AND MARCO RUBIO, AND REPRESENTATIVES CARLOS GIMENEZ, MARIA ELVIRA SALAZAR, AND MARIO DIAZ- BALART TO PROVIDE FINANCIAL ASSISTANCE TO THE CITY TO PROVIDE FOR A RAPIDLY GROWING COMMUNITY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-22-0147 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes ABSENT: Russell Vice Chair Carollo: So, I'm asking this body to approve a resolution to President Biden, to our two U.S. senators, and our congressional delegation here to provide the City of Miami with funding to be able to provide for the thousands of people that are coming into our community as a whole because of Washington's decisions. This has nothing to do, again, with anything else on that border, just that we're being affected tremendously and are going to be affected even more so by this crisis, and Washington needs to step up and pay for it. We're not going to be able to do it on our own. Not in the scope that it's corning and. from what is expected is going to be City of Miami Page 144 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 coming in the next month and a half or so. Any -- anybody wants to put in their two cents or do we just want to vote for it? Chair King: Well, he's asking us to have the City send a letter urging them to take action against what's happening. Vice Chair Carollo: Well, no, urging Washington to help us pay -- Chair King: Help financially. Financial support. Vice Chair Carollo: Financially. To send us money to help us pay for the thousands of people that are coming to our community that we, by ourselves, cannot care for. Commissioner Diaz de la Portilla: What's the language of the resolution? Vice Chair Carollo: The language is a non partisan tone. It's a request to the President, and the Administration, with copies sent to our two U.S. senators, and our congressional delegation, that Miami needs financial help to address a crisis that we have nothing to do with, in to the thousands of people that have crossed the southern border and have come into a community, that need housing in a City and County that the County Mayor has declared that it has a housing crisis, which it does, in a community that our services are tapped out, so that we can provide assistance to all these new people that are coming based on Washington 's policies. Commissioner Reyes: I second that. And Madam Chair, through the Chair? Chair King: Yes. Commissioner Reyes: I want to add, and I was talking to Jose right now. I had information from a person that works in I think human services that thousands and thousands of Cubans have come through the agency. And he said, I don't want to misquote, but she said from what I understood about 10,000 was only last month. Vice Chair Carollo: Well, the last five months, Commissioner -- Commissioner Reyes: It surpasses the (Foreign Language). Vice Chair Carollo: Well, it's 47,000 that they think -- Commissioner Reyes: That's right. They think, that's right. Vice Chair Carollo: Because there are many that have gotten through and no one's counted. Commissioner Diaz de la Portilla: In Florida? Vice Chair Carollo: No, through the southern district. Commissioner Diaz de la Portilla: Oh, the southern border. Okay. City of Miami Page 145 Printed on 06/04/2024 City Commission Meeting Minutes April 14, 2022 ADJOURNMENT Vice Chair Carollo: Southern border. But you know that the vast majority of those are going to end up in Miami. Commissioner Diaz de la Portilla: Of course. Commissioner Reyes: I'm talking about those 10,000 -- Vice Chair Carollo: Just Cubans alone. Commissioner Reyes: They were processed here according to what I heard. Ten thousand last month were processed here in Miami. Some of them are going to Las Vegas or to Tampa, but the rest will remain here. That is the demand for housing and demand forservices, like Commissioner Carollo. Commissioner Diaz de la Portilla: Sure. Chair King: Yes. So -- Commissioner Reyes: So, we need -- we need assistance. Chair King: Okay. 1 agree. Let me open it for public comment because this is a new item. Anyone here wishing to speak on this issue? Seeing none, public comment period is closed. 1 have a motion and a second. All in favor. The Commission (Collectively): Aye. Chair King: Motion carries. And that will conclude the City of Miami Commission meeting for April 14, 2022. Commissioner Reyes: Thank you. Chair King: Thank you, everyone. And everyone, have a good Friday. Vice Chair Carollo: Thank you. Chair King: Be safe. Mr. Clerk -- and Happy Easter. Vice Chair Carollo: What is the deadline again for someone that's running for, federal office to have to resign? Todd B. Hannon (City Clerk): June 3rd, sir. Vice Chair Carollo: June 3rd, okay. Thank you. The meeting adjourned at 3:31 p.m. City of Miami Page 146 Printed on 06/04/2024