Loading...
HomeMy WebLinkAboutCC 2022-05-12 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, May 12, 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 May 12, 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 12th day of May 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. The Commission Meeting was called to order by Chairwoman King at 9:05 a.m., and adjourned at 11:34 a.m. Note for the Record: Vice Chair Carollo joined and participated in the meeting via telephone beginning at 9:53 a.m. Note for the Record: Commissioner Diaz de la Portilla entered the Commission chambers at 9:56 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: Seems as if I have a quorum, a couple of my colleagues have joined me. So, we're going to get started with our meeting. We are going to open the meeting with a prayer. Invocation delivered. Chair King: Thank you so much. And at this time, please remain standing, have the Pledge of Allegiance. Mr. Manager, will you say the pledge of allegiance for us, please? Pledge of allegiance delivered. Chair King: Thank you. You may be seated. City of Miami Page 1 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 11910 PROTOCOL ITEM Honoree Presenter Protocol Item Israeli Independence Day Recognition Mayor Suarez Proclamation ORDER OF THE DAY RESULT: NO ACTION TAKEN Chair King: At this time, we will have the City Attorney read her statement, please. Victoria Mendez (City Attorney): Thank you, Madam Chair. Good morning. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code, must register with the City Clerk and comply with the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member; or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office or online at www.municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the appropriate disclosures required by the City Code in writing. A copy of this 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 pursuant to City Code Section 2-8. Any documents offered to the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the City Commission's record at their discretion. In accordance with Section 2-33(f) and (g) of the City Code, the agenda and material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at www.miamigov.com. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission takes action unless modified by the Chair. Public comment will begin at approximately 9 a.m. and remain open until public comment is closed by the Chair. Members of the public wishing to address a body may do so by submitting written comments via the online comment form. Please visit www.miamigov.com/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form will be and have been distributed to elected officials and City Administration throughout the day so that the elected officials may consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments' and distribute to the elected officials up until the Chair closes public comment. Public comment may also be provided live at City Hall, located at 3500 Pan American Drive, Miami, Florida, subject to all City rules as 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. When addressing the City Commission, the member of the public must first state their name, their address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids, and services for this meeting may notify the City Clerk. The City has provided different public comment methods to indicate, among other things, the public's support, opposition, or neutrality on items and topics to be discussed at the City Commission meeting in compliance with Section 286.011(4)(c) Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable City of Miami Page 2 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 proximity and time before the meeting. Please note Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. Anyone wishing a verbatim record of an item being considered at this meeting may request it at the Office of Communications or view it online at www.miamigov.com. PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Ordinance as temporarily modified pursuant to Emergency Ordinance Numbers 13903 and 13914. Parties for any PZ items including any applicant, appellant, appellee, City staff and any person recognized by the decision -making body as a qualified intervenor, as well as applicants, representatives, and any experts testifying on behalf of the applicant, appellant, or appellee may either be physically present at City Hall or -- to be sworn in by oath or affirmation by the City Clerk or may appear virtually and make arrangements to be sworn in by oath or affirmation in person at their location by an individual qualified to perform such duty. Pursuant to Emergency Ordinance Number 13903, members of the general public who are not parties to an action before the City Commission are not required to be sworn in by oath or affirmation The members of the City Commission shall disclose any ex parte communications pursuant to Florida Statute Section 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. The order of presentation shall be as set forth in Miami 21 and the City Code. Staff will briefly present each item to be heard. The applicant will present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentation shall be as set forth in Miami 21 in the City Code. For appeals, the appellant will present its appeal to the City Commission, followed by appellee. Staff will be allowed to make any recommendations they may have. Please silence all cell phones and other making device -- noisemaking devices right now. There will be virtual attendance by Commissioner Carollo today due to a medical reason. Pursuant to Advisory Legal Opinion AGO 2020-03 issued on March 19, 2020, the Florida Attorney General opined that consistent with prior Attorney General opinions, a member of the local government body who is physically unable to attend a meeting because of medical reasons could participate and vote in meetings where a quorum or other members are physically present. Due to the continued declared state of emergency, the City Commission finds that members of the Miami City Commission may use communications and media technology to participate and vote on items during meetings when a quorum of Miami City Commission is physically present and remote presence of the city commissioner is medically necessary. This meeting can be viewed live on Miami TV, the City's Facebook page, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast will also have closed captioning. Thank you. Chair King: Are you. finished, Madam City Attorney? Okay. And now we will have the statement read by our City Clerk. Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for Planning and Zoning items and any quasi-judicial items on today's City Commission agenda will be as follows: Members of City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk, immediately after I finish explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for Planning and Zoning items and/or quasi-judicial items. 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 are sworn in, please be sure to complete, sign, and notarize the affidavit provided to you by the City Attorney's Office. Each individual who will provide testimony must be sworn in and execute an affidavit. Please email a scanned version of the signed affidavit to the City City of Miami Page 3 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 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 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 for the Planning and Zoning items? Chair King: Please. Mr. Hannon: Thank you, Chair. Good morning, ladies and gentlemen. Good morning, ladies and gentlemen. If you will be speaking on any of today's Planning and Zoning items, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair King: Thank you. At this time, I'd like to make a recognition. We have a Pulitzer Prize winner in our midst today. Joey Flechas of the Miami Herald received a Pulitzer Prize for his work on the Surfside tragedy. Applause. Commissioner Reyes: Stand up, stand up. Chair King: Come on, Joey, stand up. Commissioner Reyes: Stand up. Speech, speech. Chair King: That is not something that happens every day. Congratulations. And we also have another special recognition. One of my colleagues is celebrating his birthday. Applause. Chair King: Commissioner Reyes, happy birthday. Commissioner Reyes: Thank you, thank you. Chair King: Happy birthday. Commissioner Reyes: Thank you, thankyou very much. Chair King: So great. I know it, you know -- Commissioner Russell: Uh-oh, here it comes. Chair King: -- being able to make it to this young age of 78 is a milestone. It 's wonderful. And the service that you do for the City of Miami and your community, we want to say thankyou and happy birthday. Commissioner Reyes: Oh, (FOREIGN LANGUAGE). City of Miami Page 4 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Unidentified Speaker: (FOREIGN LANGUAGE). Commissioner Reyes: Okay. Chair King: Happy birthday. Commissioner Reyes: Thank you. Thank you very much. Multiple Speakers Singing: Happy birthday to you. Happy birthday to you. Happy birthday, Commissioner Reyes. Happy birthday to you. Unidentified Speaker: (FOREIGN LANGUAGE). Chair King: And many, more. Commissioner Reyes: Thank you, thank you very much. Thank you. Unidentified Speaker: (FOREIGN LANGUAGE). Commissioner Reyes: Thank you. Thank you very much for this. I've been surprised and all the best wishes that I've been receiving, but I have to thank the Lord that at this age has given me the opportunity and the power to serve the people. And 1 must thank you, God, and thank you to all of you. Chair King: Happy birthday again. Applause. Chair King: Mr. City Manager, at this time, do we have any deferrals, withdrawals that we need to address? Art Noriega (City Manager): Good morning, Madam Chairwoman, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: CA.1, to be withdrawn; PH 1, to be withdrawn; RE.5, to be withdrawn; FR.5, to be deferred to the May 26th meeting; PZ.1, to be deferred to the June 9th meeting; and PZ.2, to be deferred to the June 9th meeting. That concludes the items. Commissioner Reyes: Could you please --? At my age, I'm not that fast. No, I was talking. Could you repeat them? Mr. Noriega: Certainly. Ready? Commissioner Reyes: Yes. Mr. Noriega: CA.1, to be withdrawn. Commissioner Reyes: That's right. Mr. Noriega: PH1, to be withdrawn. Commissioner Reyes: PH 1 ? Mr. Noriega: PH (Public Hearing). Commissioner Reyes: PH. City of Miami Page 5 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Mr. Noriega: RE.5 -- Commissioner Reyes: RE.5. Mr. Noriega: -- to be withdrawn. FR.5, to be deferred to the May 26th meeting. Commissioner Reyes: Okay. Mr. Noriega: PZ.1, to be deferred to June 9th; and PZ.2, to be deferred to June 9th. Commissioner Reyes: Okay. Okay. Thank you, sir. Mr. Noriega: You're welcome. Commissioner Reyes: Thank you. Chair King: Commissioner Russell, do you have any items that you 'd like to --? Commissioner Russell: Yes, please. I would like to defer SR.3, the waste metering item, to the first meeting in June. That would be 9th, correct? Chair King: Yes. Commissioner Reyes: Okay. SR.3, waste management metering, okay. Chair King: Anything else? Commissioner Russell: No, I don't think so. Chair King: Commissioner -- Commissioner Russell: I'd like to co-sponsor PH3, the Miami Symphony Orchestra item, please. Commissioner Reyes: Okay. Chair King: Todd, I also would like to co-sponsor that item. Commissioner Reyes: Me too. Chair King: Commissioner Reyes, do you have any items that you'd like to --? Commissioner Reyes: No, ma'am, no, ma 'am. Chair King: No items. Commissioner Reyes: I'm fine. Chair King: Okay, so at this time, may I have a motion to pass the CA (Consent Agenda) items, the consent agenda? Mr. Hannon: Chair. Commissioner Reyes: Chair, we have a motion -- we need a motion to defer -- for deferral. Mr. Hannon: Yes, we need a motion for all the withdrawals, deferrals. City of Miami Page 6 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Chair King: Oh, I'm sorry, I'm sorry. Commissioner Reyes: I move it. I move it. Chair King: That's right. Motion to with -- Commissioner Russell: Order of the day. Mr. Hannon: Order of the day. Chair King: Order of the day. Commissioner Reyes: That's right. Commissioner Russell: Second. Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. PUBLIC COMMENTS FOR ALL ITEM(S) 11979 Office of the City Clerk DISCUSSION ITEM PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE MAY 12, 2022 CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: So, should we open the meeting for public comment now? Commissioner Reyes: Yes. Todd B. Hannon (City Clerk): Yes, ma'am. If you'd like to open the public comment period for the items that are remaining on the agenda and for the pocket items. Chair King: Yes. Victoria Mendez (City Attorney): And one more item. I'm sorry, Madam Chair. You wanted to have a discussion item about the budget hearings and their dates and when they could take place. Chair King: Right. We'll have -- when all of my colleagues join. Ms. Mendez: Okay, thank you. Chair King: Okay. So, at this time, we're going to open the meeting for public comment. If you are here to speak on any of the items on the agenda, please step to the podium. What is happening right now? Mr. Hannon: No, no, no, you just come to the podium. Anybody who wants to speak, please come to the podium. City of Miami Page 7 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Commissioner Reyes: Line up. Chair King: Hold on one second. Let me turn it on. Good morning. Luimar Zibetti Garza: Good morning. My name is Luimar Zibetti Garza. My address is H-O-M-E-L-E-S-S at Peacock Park, temporarily at the moment. In particular, with resolution BC.5, it seems that you are doing a, I guess, a housecleaning or putting together the committees. And I notice on page 31 for BC.5, you're putting together a member of the Civilian Investigative Panel. And I would like to know if you are putting out a call for people, do we come and sign a paper to be a part of it? Because we suffered some egregious behavior yesterday at Peacock Park with some individuals who wanted to tear down buffer zones on the north side, west side of the Glass House. And we are hoping that we can speak with the director of the Parks and Recreation to somehow stop from the irresponsible behavior of the director of the park at that place. And the reason that I'm actually very, very dusty is because this morning, out of a sense of spite, they went around with their machine, and they were mowing the dirt, and it was kicking up a storm. Now, I would like to know, in particular, (FOREIGN LANGUAGE) Ken Russell, (FOREIGN LANGUAGE). I know I have to speak English, but ifI have to get an interpreter, I'll speak it in Portuguese, too. We need to speak. I've tried three times to make an appointment, and I'm still getting off to the side. We'd like to speak. Scooter Dave says hello and we have things to talk about because it is -- what is happening there is egregious, but in particular, I don't want to air dirty laundry, as dirty as I'm looking right now. What 1 'd like to do is speak with Parks and Recreations. There are missing buffers on that north side and we have looked at it. We have become stewards of that park and we have prevented pedophiles from coming through. We have prevented people from becoming obnoxious. We have helped the police. And what happened yesterday and today is unacceptable. So, (FOREIGN LANGUAGE) and thank you very much. Commissioner Russell: (FOREIGN LANGUAGE), Madam Chair. Chair King: Thank you. Commissioner Russell: Just to respond, I'll be happy to meet you in Peacock Park and I'll arrange it with my staff. Ms. Zibetti Garza: You read my mind. Commissioner Russell: I'll be there. Chair King: And if someone from staff could address her other concern about the board appointments? Mr. Hannon: The Civilian Investigative Panel has a nominating committee, so you would need to speak with the executive director for the Civilian Investigative Panel, Christina Bearnud. We can certainly give you her contact information, but they do have a nominating committee, so that's the process you would need to follow. Chair King: Thank you, Todd. Is there anyone else here for public comment? Ms. Mendez: Madam Chair, I wanted to clarify on the Paya item, the pocket, it's District 1, 4, and 2 is joining as well. Chair King: Okay. 1, 2, and 4. Got it. Good morning. City of Miami Page 8 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Sarahi Perez: Good morning. Today I'm going to be speaking about the possible addition of two youth voting seats to the Climate Resilience Committee. My name is Sarahi Perez, and 1 am a resident of the City of Miami, living at 2523 Northwest 9th Street, located in District 1. First of all, I would like to thank each and every one of you for the support in the first reading of adding these two seats to the committee. We hope to once again have your support today for the second reading of this important item. 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 all say it again, our 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 be part of the process that decides on our Attire. This is why we're once again asking for your support in adding these two youth voting seats to the Climate Resilience Committee for those ranging from ages 18 through 25. The youth can help provide beneficial perspectives and changes for our community through this committee, making them the key to creating a more sustainable future for Miami as a whole. With them, the City of Miami can become a leader for bold climate policies and be a model for inclusive decision -making. The youth are invested and dedicated to protecting their future and will make this position on the committee and the City's climate health a priority. Once again, we, the youth of Miami, ask for all of you to please vote yes on this resolution so that we can join hand in hand and combat the crisis crisis that affects us all. Thank you for your time and we hope you will continue to support us through this process. Thank you. Chair King: Thank you. Is there anyone else here for public comment? Please. Good morning. Denise Ghartey: Good morning. My name is Denise Ghartey. I'm an attorney with the Community Justice Project, 3000 Biscayne Boulevard, Suite 106. I'm here today to speak on Discussion Item 1, which is the Miami 21 Task Force recommendations and final report. I have a few process questions. That was a major report that was done to address the zoning code here in Miami as like a 10-year review, and it was finished a few months ago, I think early in the year. My questions are, what is the City's plan for implementing some of those recommendations and when is the conversation going to move forward? And once the conversation moves forward, are some of the proposals that have been made going to go to the Planning Department? Is it going to go to PZAB (Planning, Zoning and Appeals Board), and then is it going to come back to the City? I just want to be clear on how some of those recommendations are going to be implemented. And I also have a few comments about the process of the task force. I don't believe that it was a very community -informed process, so I think in the future, and in implementing some of those changes, I'm wondering how the City plans on making it more of a community -informed process. There's huge issues with the SAPs (Special Area Plans), there's huge issues with green space and public spaces for some folks in some of these more gentrified low-income communities that are concerned about what's going to happen. So, thank you so much for your time. Chair King: Thank you. Good morning. Michele Drucker: Hi, good morning. My name is Michele Drucker and I'm here to speak in favor of the two student positions for SR.2, to add youth members. I just wanted to come here to speak in support of it. We want to be consistent in our messaging if we declare a climate emergency yet we're actively courting cryptocurrency, those are incompatible goals. So, I want to just make sure that there are youth on the board who will be able to remind the City of Miami what the overall arching goals are. And in terms of cryptocurrency, hopefully you've heard of Ethereum, which is a carbon neutral cryptocurrency. So, I'm here just to speak in favor of that. I'm the environmental chair Pr the Miami -Dade County Council PTA (Parent Teacher Association) and also the sustainability vice president for my MAST (Maritime and Science Technology) Academy PTSA (Parent Teacher Student City of Miami Page 9 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Association). And we have worked with the youth, bringing electric buses, for instance, to our Miami -Dade public school district. So, please allow those students to remind the adults where we need to be, particularly by 2030, reducing emissions 50 percent by 2030 to stabilize the climate. Thank you. Chair King: Thank you. Good morning. Camilo Mejia: Good morning, Madam Chair. Good morning, Commission. My name is Camilo Mejia, and I live at 3482 Frow Avenue. Commissioner Russell is my Commissioner. I'm also here to speak about Item D1 [sic], the task force, Miami 21 Task Force. We did have an opportunity to speak with some of the report writers before it was to be presented in October of last year, and again, my questions are also on process. We tried to determine from them what would be the process for community engagement. It seemed to us like there were a difference of opinions and visions. There was no clear answer on how AMIs (Area Median Income) would be used as criteria for affordable housing and just a number of other roadblocks that we met when trying to get information about ways for the community to be meaningfully engaged. And I think that this is a really impactful report that could have serious consequences for City of Miami residents, both good and bad, so I think that it 's just really important for there to be a clearly defined process for meaningful community engagement. I'm looking forward to that discussion. Thank you. Chair King: Thank you. Good morning. Patricia Woodson: Good morning. My name is Patricia Woodson, and 1 'm also here to speak in favor of the two youth seats on the Sustainability Committee, SR.2. I've worked with high school students for many years in Miami, and the inspiration and the insights and the innovation that they bring to any discussion around climate change and sustainability is so worthwhile. And by doing this, you will be telling every young person in Miami that they matter, that you recognize that their lives, so much more than ours, are going to be impacted and we don 't even know how much by climate change. And here we are in the city always identified as the most vulnerable. So, they care, they're focused, and I'm so glad that you're about to do this, I hope. Chair King: Thank you. Ms. Woodson: I encourage you. Chair King: Thank you. Good morning. Mark Grafton: Good morning. My name is Mark Grafton, 1729 Southwest 12th Street, Miami, Florida. I'm here to speak on DI.l, the Miami 21 Task Force report. I'm the chair of the Urban Land Institute Young Leaders Group. We followed the work of the task force very closely over their last year. We actually read all 183 recommendations, multiple hundred pages. I'm not sure how many people actually made it all the way through that. It was quite dense, but we did. We put together a working group to analyze that report and make a simplified set of recommendations. So, what we did was we had a workshop, we had an online comment forum. We put together our own white paper which tackles nine topics. I'm just going to read those off very quickly for you. Accessory dwelling units, missing middle housing, parking, adaptive reuse, review timelines and processes, heat and tree canopy, carbon reduction strategies, freeboard, water resource management. And so, each of the things that we address in our report are -- they derive their genesis from the actual work of the Miami 21 Task Force. So, what we tried to do was take their concepts and turn them into things that can actually be implemented by the City Commission. So, we look forward to continuing to work with you. We will be reaching out to your staff. We have had some initial meetings with staff and we look. forward to having our City of Miami Page 10 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 group of about 50 engaged young professionals continue to be involved in this process. So, thank you for the time. Chair King: Thank you for your efforts. Thank you. And Mr. City Manager, would you please have someone from your staff address their issues that spoke on the Miami 21, because they asked very specific questions. So, if you could just have someone maybe get their contact information and you can reach out to them later. Art Noriega (City Manager): Absolutely. Chair King: You're welcome. Good morning. How are you? Ghislaine Fandel: Good morning. I'm good. Thank you. My name is Ghislaine Fandel. 1 live at 2441 Southwest 23rd Terrace and 1 will be speaking on Item SR.2. I'm here as a representative and in solidarity with Miami's youth to urge your continued support to add two youth voting seats to the Climate Resilience Committee. Considering the worsening and widespread impacts of climate change on the people of Miami, it is critical to ensure that we commit to mitigating and adapting to these effects. These two youth voting seats are a large part of said commitment. Across Miami, youth will be among the most impacted and should therefore be involved in the decisions that dictate their future. But these same youth are also the ones who are contributing to climate solutions in our city, like coastal restoration and carbon capture, education, and advocacy. And they do so because they are well aware that we are in a climate emergency. We can no longer afford to repeat past mistakes. We can no longer afford to delay effective climate action, and this is why we have come to the City of Miami with this key climate solution. Youth involvement helps to ensure that the goals and actions taken by the City are both ambitious and effective because we know that we cannot afford for them not to be. Having a place at the table and even being -- and even our presence here today we hope will serve as a reminder of what is at stake. To us, this is our fight for our future. By ampl fvtng and uplifting these voices in this way, the City of Miami can be a model of inclusive decision - making and empowers youth across the city to become the agents of change, the policymakers, the entrepreneurs, and the innovators we all need to effectively address the climate crisis. Thank you for your tinie, and we hope to have your continued support throughout this process. Chair King: Thank you. Ms. Fandel: Thank you. Chair King: Good morning. Good to see you again. Nicole Gazo: Good to see you. How are you? Chair King: Good, thank you. Ms. Gazo: Thank you all for being here. It's always good to see you guys. So, Nicole Gazo, 2108 Coral Way. And I just want to come up here and ,first of all thank you all for having this even be a thing. I honestly feel lucky and just so happy and hopeful every time I'm on my way to these types of meetings and the fact that we were able to get something like this on the agenda just through our voices and through open conversation like this is why I do what I do. And that's what this committee is just going to continue doing. It's just going to foster a beautiful relationship between your Miami youth and the people who are making change and power happen in our community. And given that we are the youth, we are exposed to new ideas every single day, I can only imagine how amazing this city will be if there are passionate youth members in our climate resilience who actually care about the policies that are being City of Miami Page 11 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 passed because it's their future and it's their kid's future and their kid's future. And we go to school for this, we do the work, we study, you don 't even have to dedicate your time doing all that research. That's what we want to be on the committee doing and just providing our knowledge and our energy to you all to make it easier jbr you all. Because talking about climate and acting on climate is hard. A lot of people don 't know how to solve it, how to tackle the issue. We rely on fossil fuels, but there is a new world that's being built. Investments in renewable energy are being made every day. And we, as the Sunshine State, need to be a part of that. We need to be leading that, and we're here to help make that happen. Chair King: Thank you. Ms. Gazo: Thank you. Chair King: Thank you. Very well expressed. James Torres: Good morning, Commissioners, Chairman King, Commissioners, Madam City Attorney. James Torres. Chair King: You know I'm not a chairman. Mr. Torres: Chairwoman, I'm sorry. Commissioner Reyes: Yes. Mr. Torres: Oh, my God. Commissioner Reyes: Make no mistake about that. Mr. Torres: We're starting off wrong, like real quick here. I'm sorry. I'll get you a coffee later. Name is James Torres, president of the DNA (Downtown Neighbors Alliance). Like to speak on RE.2, which is the ULTRA revocable license agreement at Bayfront Park. The written statement that I have, and we'll also pass it out to the rest of the Commissioners once I'm done, the Downtown Neighbors Alliance supports -- the key word is supports -- the proposed revocable license agreement as approved by the Bayfront Park Management Trust with two changes that we're requesting. The attorneys are here present and same thing with Ray Martinez. We've had several conversations with them to address this. They've agreed. A change to Section 6.6, which was agreed by the ULTRA and the DNA requiring ULTRA to materially comply with the terms of the settlement agreement. The agreement upon proposed section is hereby entered into the record. 6.6 talks about the revocable license and the settlement with the DNA, which is something that the Trust wanted insured. Item number two, ensuring the right balance between Bayfront Park as a private event venue and keeping it public in green spaces. Since the Trust will be able to utilize the ULTRA revenue for park improvements, the DNA kindly requests that Section 3 38- 113 for the City Code hereby waive the events at park in terms of its attendance, which basically states that 28 days of the year that the park is actually closed. So, we're asking if you guys can look at that, to ensure that there's a balance within the park and the residents utilizing the park in terms of the scope of the days that the park is currently open. Otherwise, than that, we're in agreement with what's been said. Thank you. Chair King: Thank you. Is there anyone else here for public comment? Seeing no one else here for public comment, the public comment period is now closed. City of Miami Page 12 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 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) PA - PERSONAL APPEARANCES PA.1 PERSONAL APPEARANCE 11864 A PERSONAL APPEARANCE BY DAVID WHITAKER, PRESIDENT AND CEO OF THE GREATER MIAMI CONVENTION & VISITORS BUREAU, REGARDING A PRESENTATION ON THE STATE OF THE TRAVEL AND TOURISM INDUSTRY. RESULT: PRESENTED Chair King: We have a personal appearance today. Mr. Whitaker, would you please come forward, introduce yourself? David Whitaker: Good morning, Madam Chairwoman. Good morning, Commissioners, Mr. Manager, Commissioner Reyes, (FOREIGN LANGUAGE). Commissioner Reyes: (FOREIGN LANGUAGE). Mr. Whitaker: I'm here to speak briefly. And you've got a heavy agenda today. You've got a lot of important decisions to make. This is hopefully a lighter piece of -- Chair King: You have to give your name. Mr. Whitaker: Oh, I'm sorry. I'm David Whitaker. I'm the president and CEO (Chief Executive Officer) of the Greater Miami Convention and Visitors Bureau. Our offices are located at 701 Brickell Avenue. I'm relatively new back in Miami, for those who may remember me from the past, left here in 2007 after 17 years with the Bureau working with Bill Talbert. Bill is still very much a part of our family. Went to Toronto for eight years as president there, had a great experience in Toronto, missed Miami dearly, came home often. And in the last five years, I had the privilege of being the president in Chicago when Bill stepped down. I had the honor and privilege of stepping in and serving with you in this great city. Any good organization is all about its team, and I'm blessed to have an amazing team. You know all of these individuals. They've been leading our organization quite some time. So, I did want to take a moment and recognize our Chief Operating Officer, Rolando Aedo, who you know quite well. Our CFO, Al West. Both Rolando and Al have been with the Greater Miami Convention Bureau for almost 30 years. Connie Kinnard is the -- is very -- one of our faces in our community. She leads -- capably leads our Multicultural Tourism and Development Program, working very closely with the City and many of our City agencies. Connie, thank you for being here. And a new Miamian, Carol Motley. Carol City of Miami Page 13 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 is our new senior vice president of sales. I stole Carol from the Washington, D.C. Convention Bureau. She's just joined our staff and she's going to capably lead that very, very important aspect of what we do. It is National Tourism Week, and so I wanted to just share, and you have in front of you on your slides, some of -- just a handful of slides, just to really in a brief moment take this moment to kind of re- educate you, reorient you, re-emphasize the important role that tourism, meetings, conventions, and events play in our community and in Miami specifically. This is a simple chart of hotel demand. These are the number of rooms consumed each week. You can see it continues to increase. In fact, it increases the 11 of the last 13 weeks and up 8 percent over where we were even in 2019. So, you know, with COVID and COVID delaying and COVID creating so many cancellations, loss of visitors, actually Miami and much of Florida by the way has really recovered quite well. And it speaks to the destination, it speaks to the popularity of the destination, it speaks to many of the investments you've made to make this a great place to visit. But we're really encouraged to see this. This is another way to look at that chart and you can see really since the beginning of the year after some tough periods where we were quite behind where we want to be with loss of conventions, cancelled events, loss of visitors, we're really growing quite nicely and that's encouraging. This is a sign of occupancy, and again, we still have almost 80 percent occupancy, still continuing to grow. An interesting fact, we added, and I have the note here, we added five hotels already this year. Five new hotels have opened, all five of them are in the City of Miami. So, this is -- in fact, 14 of the last 26 new hotels that have opened in Miami -Dade County have been based in Miami. So, you're seeing that real potential that Miami is growing and thriving, joining some of the other traditional hot spots, if you will, and so we're real excited about that and we're really excited about Miami's leadership and the potential there. ADR (Average Daily Rate), the price you charge, is so important not only for the visitor experience but also the taxes that it generates for all of us. And we're really incredibly thrilled to see the average daily rate. The popularity of the destination, including Miami, has never been more popular. Our average daily rate is literally almost 40 percent higher than it was back in 2019, the best of times. And that means more taxes generated, more investments by hotel developers, more opportunities for job creation, and more revenues for our community. This is something we're quite proud of. We're very competitive. And I'm really proud that Miami -Dade County, as we track hotel performance around the country, we are -- in the last six months, Miami -Dade County is the leading hotel -- leading destination in the country in terms of occupancy, average daily rate, and the revenue per room, which is so important to our business model. And so, you know, Tampa has done quite well, Phoenix, our warm weather cities, as you see here. There are some obvious reasons for that. But over a sustained period of time, isn't it great that your community is the number one tourism destination in the country? And we don't want to yield that. We've got some plans afoot. We'll talk about that in the future, to continue to keep us number one. But that feels good,, and it should feel good to all of you. It's your leadership that makes a difference. A great place to visit first has to be a great place to live, work, and play. And so, your leadership and the things you're doing to enhance the experience, the infrastructure, the wayfinding, the experiences we all feel, the events that we have here that draw visitors and entertain our residents alike. That's what makes this destination so popular. So, thank you for your leadership. You'll have our jail cooperation moving forward. International visitors are so important to us. This is just a sample of the last two years. We were really struggling last year in terms of being down to, and again, a lot of international markets still aren't traveling, whether that's Canada and Mexico, or European markets. We've benefited from some of that. People are corning here who didn't get to go to the Caribbean, didn't get to go back to Europe, but at the same time, we're missing a big component. I'm super excited to see that now, you see these comparisons again to 2019, we 're getting back up to the same level of international visitors that we had. And we know how important this is, especially to Miami, especially to the businesses along Brickell, Coconut Grove, the hot new districts, City of Miami Page 14 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 whether it's the tradition and the international visitors that love Little Havana, those that are going to Wynwood and the hot new destinations like Allapattah. So, this is encouraging news. We also track the key source markets. It's good to see, but Brazil has a bit of a ways to go. Argentina has a bit of a ways to go, but we're starting to see growth. Italy and Germany returning to this chart. So, we know how important these international visitors are to it. In closing, I just want to talk about, obviously we are, as you see from the numbers, one of the top tourism destinations in the country. How do we take being great and go to being greater? You have our pledge to do that, and I offer our full support working with you, your staff the Mayor. In fact, I want to acknowledge the Mayor. Many of some of the most highest profile events that we've had recently, the Bitcoin Conference, eMERGE, were really under the Mayor's passionate leadership. The Mayor is also taking a great leadership role in our negotiation to be a World Cup host city. So, I want to acknowledge the Mayor and his team. I want to acknowledge the Commission in support of that. Where do we go? And I will continue to be here for you in the year -- in years to come. How do we help you make Miami that is a great city, an even greater city, especially to come live and visit and convene in? I'll share with you that, you know, whether you're a Biscayne Boulevard hotel like the Biscayne Bay Marriott, or whether you're on the beach, the Miami Beach Convention Center is critical to all of us. And so, we're thrilled with that new expansion, the new anchor hotel. Carol Motley has got a plan to fill that building. And when we're filling the Miami Beach Convention Center, it fills the entire destination. It creates compression. It also drives a lot of traffic to Brickell and the Grove, et cetera. We need to work, again, to get our international markets back. Customer service and retention of talent, I would encourage you to continue to challenge all of our merchants and businesses and resources. We need to keep our talent here in Miami. We need to train our talent. We need to make sure that we 're providing great customer service. We have a commitment to equity, diversity, and inclusion. It's not going to change. It's a fact that we're doubling down on that commitment. We have to be a welcoming destination for everyone, all people, and we have to have a destination that gives opportunity and economic opportunity to all who live, work, and play here. And Connie and some of the work that we're doing in that area, I'd love to share with you as we move forward. At the end of the day, we're in the storytelling business, developing new audiences to come here. They come here and are attracted. F1 (Formula 1) is a great example. It brought such a targeted audience here of people who spent a lot of money in our destination. So, audience development, a sense of place, the things you do to make sure that Miami is one of the trendiest, hottest, most connected, most welcoming destinations. Technology will be a big part of that. Wayfinding, everything from way coding to visitor information to how people consume information about our great destination. And being aligned, being aligned with you, being aligned with your agenda, other municipal governments, it's with your leadership that you set the pace, the tone, these young people talking about the environment. Everything you do for us to make this a great place to live, work and play makes this an even greater place to visit. So, happy National Tourism Week. We look forward to continuing to support you and your agenda moving forward. We're a phone call or a text away. It's good to see some of you that I've known from my last time here, the new leadership that's in place. Thank you for what all you do for our great city. Happy National Tourism Day and we look forward to another great year of success. Thank you. Commissioner Reyes: Welcome back. Mr. Whitaker: Thank you, Manolo. Chair King: Thank you so much. Look forward to working with you. Mr. Whitaker: And Chairwoman, you have just joined our Board of Directors appointed by the Mayor, so we really look forward. You'll be our interaction focal City of Miami Page 15 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 point as a board leader, so 1 look forward to developing a very close working relationship with you as well. Chair King: Thank you. Mr. Whitaker: Thank you. Commissioner Reyes: Thankyou. Chair King: And now -- Vice Chair Carollo: Good morning. Chair King: Good morning. Commissioner Reyes: Morning. Chair King: We don't see him, but good morning. Vice Chair Carollo: I've been quietly listening to all those fine young people that came to talk about climate change and just heard Mr. Whitaker. But I'm here and happy birthday, Commissioner Reyes. Commissioner Reyes: Thank you, my friend. Thank you very much. We miss you around here. Vice Chair Carollo: Well, I'm still a couple of days from being up and about, but I'm good. Commissioner Reyes: Take good care of yourself Vice Chair Carollo: It takes a little bit more than the little C to keep me down. Commissioner Reyes: Just take care of yourself, okay? Vice Chair Carollo: Thankyou. Chair King: Well, thank you for joining us. Thank you for your service. Commissioner Reyes: Thank you. Thank you for being here. END OF PERSONAL APPEARANCES City of Miami Page 16 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes CA.1 RESOLUTION - Item Pulled from Consera 11787 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LICENSE, ACCESS AND INDEMNIFICATION AGREEMENT ("LICENSE") BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY OR AN AGENT THEREOF ("COUNTY") FOR THE COUNTY TO PLANT, PLACE, INSTALL, INSPECT AND MONITOR MANGROVES, RIP RAP, AND RELATED MATERIALS AS PART OF A SEAPORT MITIGATION PROJECT ("PROJECT") AT THE CITY -OWNED PROPERTY LOCATED AT 1099 MACARTHUR CAUSEWAY, FOLIO NUMBER 01-3231-000- 0021, ALSO KNOWN AS THE WATSON ISLAND BOAT RAMP; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A RESTRICTIVE COVENANT ("COVENANT") RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY TO ENSURE THAT THE PROJECT IS NOT DISTURBED OR REMOVED FOR THE LIFE OF THE COVENANT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE PROJECT. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number CA.1, please see "Order of the Day." City of Miami Page 17 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 CA.2 RESOLUTION 11788 Department of Resilience and Public Works CA.3 11726 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING SIX (6) RIGHT-OF-WAY DEEDS OF DEDICATION AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED (COLLECTIVELY, "DEEDS"), FOR RIGHT- OF-WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN COPIES OF THE DEEDS. ENACTMENT NUMBER: R-22-0158 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." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO APPROVE THE AUDIT OF EIGHT (8) VICTIMS ADVOCATE, CURRENTLY GRANT FUNDED TEMPORARY POSITIONS OF THE CITY OF MIAMI'S ("CITY") POLICE DEPARTMENT, TO RECLASSIFY SAID TEMPORARY POSITIONS TO EIGHT (8) FULL-TIME GRANT FUNDED POSITIONS INTENDED TO BETTER SERVE THE NEEDS OF VICTIMS OF CRIMES DUE TO THE INCREASING POPULATION OF THE CITY AND PURSUANT TO RESOLUTION NO. R-21-0402 ADOPTED SEPTEMBER 23, 2021 AND RESOLUTION NO. R-21-0408 ADOPTED OCTOBER 1, 2021; AUTHORIZING THE CITY MANAGER TO MAKE ANY NECESSARY CHANGES TO ADJUST, AMEND, AND APPROPRIATE THE FISCAL YEAR 2021-2022 OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN REGARDING CITY SERVICES AND RESOURCES AS NECESSARY, LEGALLY ALLOWED, AND APPLICABLE IN ORDER TO AUDIT AND CREATE SAID POSITIONS FOR THE CITY'S POLICE DEPARTMENT; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE- OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0159 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 18 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 CA.4 11775 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE CITY OF NORTH MIAMI ("NORTH MIAMI") TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ENSURE PUBLIC SAFETY AND ABILITY TO ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING BUT NOT LIMITED TO, NATURAL AND MAN-MADE DISASTERS AND EMERGENCIES AS DEFINED IN PART 1, CHAPTER 23, FLORIDA STATUTES, THE "FLORIDA MUTUAL AID ACT"; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS RELATED TO THE MUTUAL AID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0160 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.4, please see "End of Consent Agenda." CA.5 RESOLUTION 11727 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT PERPETUAL SIDEWALK AND UTILITIES EASEMENTS, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FROM THE PRIVATE PROPERTY OWNERS OF 2290 NORTHWEST NORTH RIVER DRIVE AND 1651 NORTHWEST 22 PLACE, MIAMI, FLORIDA, ALLOWING THE CITY OF MIAMI ACCESS AND USE OF THE PROPERTIES FOR THE CONSTRUCTION AND MAINTENANCE OF OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40- B183603 AND ENSURING PUBLIC INGRESS AND EGRESS. ENACTMENT NUMBER: R-22-0161 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.5, please see "End of Consent Agenda." City of Miami Page 19 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 CA.6 RESOLUTION 11868 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A PERPETUAL SIDEWALK AND UTILITIES EASEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FROM THE PRIVATE PROPERTY OWNER OF 2145 NORTHWEST 37 STREET, MIAMI, ALLOWING THE CITY ACCESS AND USE OF THE PROPERTY FOR THE CONSTRUCTION AND MAINTENANCE OF OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B50113 AND ENSURING PUBLIC INGRESS AND EGRESS. ENACTMENT NUMBER: R-22-0162 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.6, please see "End of Consent Agenda." CA.7 RESOLUTION 11869 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT PERPETUAL SIDEWALK AND UTILITIES EASEMENTS, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FROM THE PRIVATE PROPERTY OWNERS OF 2790 SOUTHWEST 23 TERRACE, 2792 SOUTHWEST 23 TERRACE, 3195 SOUTHWEST 24 STREET, 3117 SOUTHWEST 24 STREET, 3119 SOUTHWEST 24 STREET, AND 2827 SOUTHWEST 24 STREET, MIAMI, FLORIDA, ALLOWING THE CITY OF MIAMI ACCESS AND USE OF THE PROPERTIES FOR THE CONSTRUCTION AND MAINTENANCE OF OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B50413 AND ENSURING PUBLIC INGRESS AND EGRESS. ENACTMENT NUMBER: R-22-0163 This matter was ADOPTED WITH MODIFICATION(S)on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.7, please see "End of Consent Agenda." City of Miami Page 20 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 CA.8 RESOLUTION 11870 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT PERPETUAL SIDEWALK AND UTILITIES EASEMENTS, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FROM THE PRIVATE PROPERTY OWNERS OF 2895 SOUTHWEST 23 TERRACE, 2897 SOUTHWEST 23 TERRACE, 2835 SOUTHWEST 23 TERRACE, AND 2837 SOUTHWEST 23 TERRACE, MIAMI, FLORIDA ALLOWING THE CITY OF MIAMI ACCESS AND USE OF THE PROPERTIES FOR THE CONSTRUCTION AND MAINTENANCE OF OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40- B50412 AND ENSURING PUBLIC INGRESS AND EGRESS. ENACTMENT NUMBER: R-22-0164 This matter was ADOPTED WITH MODIFICATION(S)on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.8, please see "End of Consent Agenda." CA.9 RESOLUTION 11872 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT PERPETUAL SIDEWALK AND UTILITIES EASEMENTS, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FROM THE PRIVATE PROPERTY OWNERS OF 3201 DAY AVENUE, 3201 MCDONALD STREET, AND 3203 MCDONALD STREET, MIAMI, FLORIDA, ALLOWING THE CITY OF MIAMI ACCESS AND USE OF THE PROPERTIES FOR THE CONSTRUCTION AND MAINTENANCE OF OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40- B173641 AND ENSURING PUBLIC INGRESS AND EGRESS. ENACTMENT NUMBER: R-22-0165 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.9, please see "End of Consent Agenda." City of Miami Page 21 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 CA.10 RESOLUTION 11875 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT PERPETUAL SIDEWALK AND UTILITIES EASEMENTS, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FROM THE PRIVATE PROPERTY OWNERS OF 731 NORTHWEST 19 AVENUE, 740 NORTHWEST 19 AVENUE, 1819 NORTHWEST 8 STREET, 1823 NORTHWEST 8 STREET, 1809 NORTHWEST 8 STREET, AND 1847 NORTHWEST 8 STREET, MIAMI, FLORIDA ALLOWING THE CITY ACCESS AND USE OF THE PROPERTIES FOR THE CONSTRUCTION AND MAINTENANCE OF OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B40347 AND ENSURING PUBLIC INGRESS AND EGRESS. ENACTMENT NUMBER: R-22-0166 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.10, please see "End of Consent Agenda." CA.11 RESOLUTION 11877 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A PERPETUAL SIDEWALK AND UTILITIES EASEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FROM THE PRIVATE PROPERTY OWNER OF 2931 SOUTHWEST 23 TERRACE, MIAMI, FLORIDA, ALLOWING THE CITY OF MIAMI ACCESS AND USE OF THE PROPERTY FOR THE CONSTRUCTION AND MAINTENANCE OF OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B50420 AND ENSURING PUBLIC INGRESS AND EGRESS. ENACTMENT NUMBER: R-22-0167 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.11, please see "End of Consent Agenda." City of Miami Page 22 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 CA.12 11858 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDS, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS ($200,000.00), FROM THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA"), TO COMPLETE A STUDY OF THE T6-24B ZONING DESIGNATION AND ITS IMPACT ON PROVIDING WORKFORCE HOUSING UNITS WITHIN THE OMNI CRA'S REDEVELOPMENT AREA, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO PROCURE SERVICES FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0168 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.12, please see "End of Consent Agenda." CA.13 RESOLUTION 11753 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF PATRICIA TURNER, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $205,713.55.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $205,613.55 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-22-0169 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.I3, please see "End of Consent Agenda." City of Miami Page 23 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 CA.14 11831 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY RENZO MEDVESCIG, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $135,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED RENZO MEDVESCIG V. CITY OF MIAMI, ET AL., PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 17-016563 CA 01, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545013.0000.00000. ENACTMENT NUMBER: R-22-0170 This matter was ADOPTED on the Consent Agenda. Note, for the Record: For minutes referencing Item Number CA.I4, please see "End of Consent Agenda." END OF CONSENT AGENDA Chair King: At this time, do any of my colleagues want to pull any CA (Consent Agenda) items for discussion? Commissioner Reyes: Nope. Not me. I don't know -- Chair King: Vice Chair, do you want to pull any CA items for discussion? Vice Chair Carollo: No, I do not. Chair King: In that case -- Vice Chair Carollo: If I can, there's one item that we asked the Manager to defer it in case it hasn't been deferred is FR.5. Chair King: Yes, that's correct. Vice Chair Carollo: We'd like for that to be deferred to study it further. Chair King: Yes, that is correct. Commissioner Reyes: That is correct. Chair King: So, at this time, may I have a motion -- Commissioner Reyes: Move it. Chair King: --for all of the CA items? Vice Chair Carollo: Second. City of Miami Page 24 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Victoria Mendez (City Attorney): Two of the CA items, Madam Chair, have revisions. If could read those into the record, CA.7 and CA.8. Chair King: Please. Ms. Mendez: For CA.7, where -- for the private -- for the easements that we require, I just wanted to clar j the addresses, which is 2790 Southwest 23rd Terrace, 2792 Southwest 23rd Terrace, 3195 Southwest 24th Street, 3117 Southwest 24th Street, 3119 Southwest 24th Street, and 2827 Southwest 24th Street. That's for CA.7. For CA.8, 1 wanted to clarify the addresses as well; 2895 Southwest 23rd Terrace, 2897 Southwest 23rd Terrace, 2835 Southwest 23rd Terrace, and 2837 Southwest 23rd Terrace. Thank you. Chair King: Thank you, Madam City Attorney. All in favor? The Commission (Collectively): Aye. Chair King: The CA agenda passes. Good morning. How are you today? Commissioner Diaz de la Portilla: I'm good, Madam Chair. How are you doing? Chair King: Wonderful. Commissioner Diaz de la Portilla: I love the hair. Chair King: Thank you. Today is CommissionerReves's birthday. Commissioner Diaz de la Portilla: Happy birthday. Commissioner Reyes: Thank you, sir. Commissioner Diaz de la Portilla: I have a special present for you. I'm sending something to your office. Commissioner Reyes: Okay, thankyou very much. Commissioner Diaz de la Portilla: With a special salutation, by the way. Commissioner Reyes: Oh, okay. Commissioner Diaz de la Portilla: You'll see. It'll be there in about an hour. Commissioner Reyes: Thank you. Thank you, thank you. Commissioner Diaz de la Portilla: Happy birthday, Commissioner. Commissioner Reyes: Thank you. Thank you, my friend. Thank you. City of Miami Page 25 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 PH - PUBLIC HEARINGS PH.1 RESOLUTION 10635 MAY BE WITHDRAWN Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Housing and ATTACHMENT(S), PURSUANT TO SECTION 29-B(A) OF Community THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS Development AMENDED, CONVEYING, WITH AFFORDABLE HOUSING RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, CITY OF MIAMI-OWNED PROPERTIES LOCATED AT 750 NORTHWEST 70 STREET AND 754 NORTHWEST 70 STREET, MIAMI, FLORIDA, ALL AS LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED (COLLECTIVELY, "PROPERTIES"), TO TACOLCY ECONOMIC DEVELOPMENT CORPORATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR THE REHABILITATION AND UTILIZATION OF THE PROPERTIES EXCLUSIVELY FOR AFFORDABLE HOUSING FOR LOW-INCOME PERSONS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number PH.1, please see "Order of the Day." City of Miami Page 26 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 PH.2 RESOLUTION 11847 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING AND RECOMMENDATION, ATTACHED AND INCORPORATED AS EXHIBIT "C," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS, ON A REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED TWO MILLION DOLLARS ($2,000,000.00) ("GRANT") TO THE BAKEHOUSE ART COMPLEX, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("BAKEHOUSE"), IN ORDER TO UNDERTAKE REPAIRS AND RENOVATIONS TO THE STRUCTURE AND ENVELOPE OF BAKEHOUSE'S BUILDING, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH BAKEHOUSE AND ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0171 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Chair King: At this time, may I have a motion to pass PH.2 and 3? Commissioner Russell: So moved. Commissioner Reyes: Move it. Vice Chair Carollo: Moved. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: You have something? Commissioner Diaz de la Portilla: On PH3? Chair King: Uh-huh. City of Miami Page 27 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Commissioner Diaz de la Portilla: Can you be more detailed what it does? Chair King: Mr. Manager? Art Noriega (City Manager): It really just adopts the Miami Symphony Orchestra as the official orchestra of the City of Miami. There have been a lot of discussions with the symphony, and I know they're present here today, with regards to this being a springboard to an expanded public outreach in terms of -- Commissioner Reyes: PH.3. Mr. Noriega: -- exposing, especially the symphony itself and its talent to a lot of the neighborhoods of the city. So, what we've talked to them about is getting engaged at all of our City parks, parks within each of your districts, to do some programming. And they've -- they've been -- they're very excited about doing that as well. So, I -- you know, I don't know if they want to expand on that at all. Commissioner Diaz de la Portilla: Well, that was sort of the point, right? Mr. Noriega: Yeah. Commissioner Diaz de la Portilla: Whether you take the symphony beyond downtown. Mr. Noriega: Correct. Commissioner Diaz de la Portilla: And that's what 1 want to hear a little bit about. Commissioner Reyes: Bring it (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: Beyond downtown, so bring it to the rest of the city. Commissioner Reyes: Yeah. Chair King: They're going to do a concert at the Charles Hadley Park on June loth for my first movie night there. Commissioner Diaz de la Portilla: Okay. Oh, and when are you doing Allapattah? So, why don't you come and tell us what your overall vision is, if you don't mind, Madam Chair. Chair King: Absolutely. Commissioner Diaz de la Portilla: Just very quickly what your overall vision is. Because I think it's so important that we begin to move -- Chair King: Yes. Commissioner Diaz de la Portilla: -- so many of these things beyond downtown Miami, right? Tell us what you want to do and how you're going to do it. Eduardo Manturet: Good morning. My name is Eduardo Manturet. I'm music director and conductor at the Miami Symphony Orchestra. It's an honor and a pleasure to be here. Happy birthday. Commissioner Reyes: Thank you, sir. Thank you very much. City of Miami Page 28 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Mr. Manturet: And to answer your question, yes, we have been involved at Peacock Park for many months now, supported by the BID (Business Improvement District), by the Chamber of Commerce, of course, by the City of Miami, and doing some fantastic concerts. And a lot of creativity has been developed as a result, and now we are planning to engage all the community at large, especially in places where normally symphony music doesn't get there. And we have in the 34 years that the orchestra has existed, we have really changed the paradigm of what symphony music should be. When I came 16 years ago, 16 years ago here to Miami to take up this position, I understood that Miami being such a different city, it deserved to have a different symphony as well. And we 've proven that our equation, our model, works beautifully. And we are so proud that we 're getting better and better with an amazing support. Our headquarters at the Miami Design District have also brought in a lot of new public and support as well from all sources. So, we are so happy to be now part of this new project and be able to play in just about everywhere like we 've done. And our next concert on the 4th of July. Commissioner Diaz de la Portilla: Oh, he said the IOth of June you have one in Hadley Park, right? Mr. Manturet: Yes, but the 4th of July is the scheduled one. That one we have to get organized, but the 4th ofJuly is going to be here at Peacock Park where Mr. Mayor is going to conduct the National Anthem for us. Commissioner Diaz de la Portilla: Oh, wow. Mr. Manturet: We are so happy about that. But we are so pleased to do that concert in June, because the combination of images of movies and music is just awesome. Commissioner Diaz de la Portilla: It's awesome. But it has to go -- and I think, Madam Chairwoman, I think it's so important that you understand, that people understand, the people understand what you're doing, right? And what we want is to make sure that it goes beyond Peacock Park and it goes beyond downtown Miami. Mr. Manturet: Absolutely. Commissioner Diaz de la Portilla: That it goes to the entire community so that all people can benefit from -- Mr. Manturet: That's our strategy. Commissioner Diaz de la Portilla: That's the beauty of this, right? Mr. Manturet: Absolutely. Commissioner Diaz de la Portilla: Because sometimes people don't pay attention, we do consent items, we get things, we pass them quickly and no one really talks about it. How important is it for you to do a movie night in Hadley Park or in Allapattah or in Flagami and other parts of our city? Mr. Manturet: They're all in our agenda. Commissioner Diaz de la Portilla: Well -- Mr. Manturet: Virginia Beach, all of them. City of Miami Page 29 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Commissioner Diaz de la Portilla: Yeah, yeah, but again, again, go beyond, go west of 1-95. How about that? Go west of 1-95. Bring some of that culture, some of that beauty to us, to the rest of the city. Mr. Manturet: We will. Commissioner Diaz de la Portilla: That's very important for me. Mr. Manturet: Absolutely. Commissioner Diaz de la Portilla: And 1 think it's very important for Madam Chair and for everybody here that beyond Coconut Grove and beyond downtown Miami, the whole city has to benefit from that beauty. And I think that's -- so I wanted to make sure that you highlighted the importance of that and that we recognize what you're trying to do and that you have a specific agenda of how we 're going to carry that message forward. Mr. Manturet: We couldn't agree more. We are the symphony of the City. Commissioner Diaz de la Portilla: Correct. City of Miami, not downtown Miami. Mr. Manturet: Obviously, City of Miami, indeed, yes. Commissioner Diaz de la Portilla: Correct, okay. That's all 1 wanted to highlight. Mr. Manturet: And we are so proud to represent the City and to deserve the name. Thank you. Commissioner Diaz de la Portilla: Yes, sir. Thank you very much. Mr. Manturet: Thankyou, Commissioner. Commissioner Diaz de la Portilla: Thankyou very much. Commissioner Reyes: Madam Chair? Vice Chair Carollo: Chairwoman? Chair King: Yes. Commissioner Reyes: Okay. Vice Chair Carollo: Can I have the floor for a couple of minutes? Chair King: Please. Vice Chair Carollo: Thank you. I'm very glad that Commissioner Diaz de la Portilla touched upon the subject matter that was just discussed. Maestro, it's a pleasure to have you in the City Commission today. 1 know that having a symphony, in particular, of the quality and size of the one that you have, takes money to support it. People have to be paid. A lot of expenses have to come forward. But what Commissioner Diaz de la Portilla said, it's extremely important for our inner city to have. I would like to see if you could formulate a plan that in the five districts, in particular, the inner city parts of our five districts, we could have a plan that the symphony, obviously not the full symphony, but at least a part of it, so you could bear the expenses, can perform at least once a year. For instance, I don't know where you are or not, but the biggest Venezuelan event that we have every month anywhere in Miami -Dade County is in the City of Miami Page 30 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 City of Miami. And it's in Little Havana. It's Friday's Little Havana with a Venezuelan favor. It's the second Tuesday of every -- the second Friday of every, month, and we're having it again tomorrow Friday. They certainly have been wanting for you to come and appear there, just like many internationally known Venezuelan artists and singers that have appeared. In the past, I know it's been tough. The funding that you have needed to perform at different places has been beyond our reach, but we need that cooperation, especially since you'll be using our seal. That's, I think we all can agree it's got a worth to it, the City of Miami seal so that you could represent our city and be able to use that. So, if you could cooperate with each of our districts so that maybe once a year we could have something for the inner city part of our city, that would be one of the areas that I would certainly like to see in exchange for what we're providing you here today. Commissioner Reyes: Madam Chair? Chair King: Commissioner Reyes. Commissioner Reyes: Now it's my turn. Welcome. I really appreciate this. And the past years I had -- I was establishing until the pandemic took place, in one of my parks, we had a festival. It was a festival. It was a jazz in the park, you see. It was mostly Latin jazz at Shenandoah. And I wanted to make that an annual event. And I would love to include not only jazz in the park but include symphony in the park. Because it is very important to communicate through music. And to allow -- by having you go and, 1 mean, performing in different parts, having everybody exposure -- I mean, everybody has to be exposed to all types of music, and it is fantastic to do that. I'm looking forward with you guys so we can schedule a day, you see, and one of my parks -- I mean, as a matter of fact, I have a couple of parks that they could benefit very much from it. And I've scheduled those parks for one day a year so we can make that an annual event. And everybody will know when we have, you see, we have movie nights at different parks every month. And now, if we can include your performance in one of those parks, that would be a great service to our community and our neighborhoods. And I'm looking forward work with you, continue working with you. Thank you. Thank you for being here. Chair King: Thank you again. I do know the importance of music, all genres of music. My father is a classically trained pianist and organist. He plays the pipe organ. He was 16, I believe, 16 or 17, and invited to play at the biggest cathedral in Guyana, the pipe organ. It was quite an honor. So, I grew up with classical music, and I understand the importance, and that's why I'm honored to have you on June loth at Charles Hadley Park, sharing in our community. So, thank you. Gentlemen, are we ready to vote? Commissioner Diaz de la Portilla: We're ready, ma'am. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: The PH (Public Hearing) items pass unanimously. City of Miami Page 31 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 PH.3 RESOLUTION 11890 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING AND RECOMMENDATION, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; RECOGNIZING THE MIAMI SYMPHONY ORCHESTRA/ORQUESTA SINFONICA DE MIAMI, INC. ("MISO") AS THE OFFICIAL SYMPHONY ORCHESTRA/ORQUESTA SINFONICA OF THE CITY OF MIAMI; AUTHORIZING MISO'S USE OF THE CITY SEAL PURSUANT TO SECTION 1-16 OF THE CITY CODE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MISO MEMORIALIZING SAID RECOGNITION AND USE OF THE CITY SEAL. ENACTMENT NUMBER: R-22-0172 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.3, please see "Order of the Day" and Item Number PH.2. END OF PUBLIC HEARINGS City of Miami Page 32 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 RE.1 11934 Office of Capital Improvements RE - RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RECOMMENDATION FOR AWARD OF A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") TO CUMMINS CEDERBERG, INC., A FLORIDA PROFIT CORPORATION ("CUMMINS"), THE TOP RANKED RESPONSIVE AND RESPONSIBLE PROPOSER, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 20-21-016, FOR PROVISION OF PROFESSIONAL MARINE AND COASTAL ENGINEERING SERVICES FOR THE DINNER KEY MARINA BREAKWATERS MITIGATION 406 - D2 PROJECT ("PROJECT"), FOR A TOTAL NOT -TO -EXCEED AMOUNT OF ONE MILLION FIVE HUNDRED FORTY ONE THOUSAND ONE HUNDRED NINE DOLLARS AND SIXTY SIX CENTS ($1,541,109.66), INCLUSIVE OF THE NOT -TO -EXCEED AMOUNT OF SEVEN HUNDRED THIRTEEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND FIFTY TWO CENTS ($713,750.52) FOR PHASE 1, THE NOT -TO - EXCEED AMOUNT OF FIVE HUNDRED SIXTY NINE THOUSAND SEVENTY SEVEN DOLLARS AND FOURTEEN CENTS ($569,077.14) FOR PHASE 2, A DEDICATED ALLOWANCE FOR THE NOT -TO -EXCEED AMOUNT OF EIGHTY THOUSAND DOLLARS ($80,000.00), A REIMBURSABLE EXPENSES ALLOWANCE FOR THE NOT -TO -EXCEED AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00), AND AN OWNER'S CONTINGENCY ALLOWANCE FOR THE NOT -TO -EXCEED AMOUNT OF ONE HUNDRED TWENTY EIGHT THOUSAND TWO HUNDRED EIGHTY TWO DOLLARS ($128,282.00), ON A PHASED BASIS; ALLOCATING FUNDS FROM THE APPROPRIATE CITY OF MIAMI ("CITY") OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT AND DEPARTMENTAL BUDGETS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH CUMMINS, 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 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-22-0173 City of Miami Page 33 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: While I have all of you here, I believe we have a discussion item. Take that out of order. Our budget hearings. Commissioner Diaz de la Portilla: Madam Chair, if we can, can we pass the RE.1 items all at once? Also, can I move the agenda forward if you don't mind? Chair King: Do 1 have a motion? Commissioner Diaz de la Portilla: I'll make the motion on RE.1, RE.2 -- Vice Chair Carollo: Move. Commissioner Diaz de la Portilla: -- RE.3, 4, and 5. Vice Chair Carollo: Okay. Commissioner Russell: Madam Chair? Commissioner Reyes: RE.1 -- Chair King: I have a -- Commissioner Reyes: RE.1. Chair King: Commissioner Russell? Commissioner Russell: There's a substitution on RE.3, reducing the scope of the FIND (Florida Inland Navigation District) application. Commissioner Diaz de la Portilla: Yes, yes, so -- Commissioner Russell: Just want to make sure that's -- Commissioner Diaz de la Portilla: -- so RE.1, RE.2, RE.3, RE.4, RE.5, with a substitution for RE.3. Todd B. Hannon (City Clerk): Chair, Chair. Sorry, Commissioner Diaz de la Portilla, RE.5 was withdrawn. Art Noriega (City Manager): Withdrawn. Chair King: Yes. Commissioner Reyes: RE.5 has been withdrawn. Mr. Hannon: During the order of the day. Commissioner Diaz de la Portilla: Yes. Mr. Hannon: So, the motion seems to be for 1 through 4? Commissioner Diaz de la Portilla: 1 through -- City of Miami Page 34 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Commissioner Reyes: 1 through 4. Commissioner Diaz de la Portilla: -- 1 through 4, I'm sorry. RE.1, 2, 3, and 4 -- Chair King: Yes. Commissioner Diaz de la Portilla: and 3, as amended, or as modified by Commissioner Russell, right? Commissioner Reyes: Second. Commissioner Diaz de la Portilla: Okay. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: All of the RE (Resolution) items pass unanimously. RE.2 RESOLUTION 11936 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST") EXECUTIVE DIRECTOR TO EXECUTE THE NEGOTIATED REVOCABLE LICENSE AGREEMENT ("RLA"), WITH EVENT ENTERTAINMENT GROUP, INC. ("EEG"), IN SUBSTANTIALLY THE ATTACHED FORM SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY, FOR THE ULTRA MUSIC FESTIVAL ("ULTRA") AT BAYFRONT PARK ("SITE"); FURTHER WAIVING THE REQUIREMENTS OF SECTION 38-113 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. ENACTMENT NUMBER: R-22-0174 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.2, please see "Public Comments for all Item(s)" and Item Number RE.1. City of Miami Page 35 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 RE.3 RESOLUTION 11920 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT TO EXCEED ONE MILLION TWO HUNDRED EIGHTY-EIGHT THOUSAND SEVEN HUNDRED TEN DOLLARS ($1,288,710.00) ("GRANT FUNDS") FOR THE CONSTRUCTION OF A BAYWALK AND DOCKAGE AT THE SHAKE -A -LEG MIAMI WATERFRONT PROPERTY LOCATED AT 2620 SOUTH BAYSHORE DRIVE- PHASE 2 PROJECT ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF THE GRANT APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT A CONTRIBUTION FROM SHAKE -A -LEG MIAMI, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("SALM") IN A MINIMUM AMOUNT OF ONE MILLION TWENTY-ONE THOUSAND ONE HUNDRED SEVENTY-EIGHT DOLLARS ($1,021,178.00) ("SALM CONTRIBUTION") FOR THE REQUIRED MATCHING FUNDS FOR THE PROJECT; FURTHER IN THE EVENT OF THE AWARD, AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FUNDS FOR FISCAL YEAR 2022-2023 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO ALLOCATE THE REQUIRED MATCHING FUNDS, INCLUSIVE OF THE SALM CONTRIBUTION AND OTHER PROJECT FUNDS IN AN AMOUNT NOT TO EXCEED ONE MILLION TWO HUNDRED EIGHTY-EIGHT THOUSAND SEVEN HUNDRED TEN DOLLARS ($1,288,710.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED AND TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO. ENACTMENT NUMBER: R-22-0175 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.3, please see Item Number RE.1. City of Miami Page 36 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 RE.4 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 ONE THOUSAND, FIVE HUNDRED (1,500) 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 TWO THOUSAND, FIVE HUNDRED DOLLARS ($2,500.00) ($20.00 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. ENACTMENT NUMBER: R-22-0176 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.4, please see Item Number RE.1. City of Miami Page 37 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 RE.5 RESOLUTION 11937 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RELEASING CERTAIN COVENANTS EFFECTING THE PROPERTY LOCATED AT 98 NW 27 STREET; MAKING FINDINGS; AND PROVIDING AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number RE.5, please see "Order of the Day." END OF RESOLUTIONS City of Miami Page 38 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second 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. ENACTMENT NUMBER: 14066 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: Okay, would you guys now like to discuss -- Commissioner Diaz de la Portilla: Can we just get through the whole agenda -- Chair King: -- the schedules of --? Commissioner Diaz de la Portilla: -- as fast as possible so we can go home for lunch? How about that? Chair King: All right. Commissioner Diaz de la Portilla: Discussion items tend to drag on, Madam Chair, so why don't we do the SR (Second Reading) items? City of Miami Page 39 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Chair King: All right. Madam City Attorney, will you please read into the record the title of the SR items? Victoria Mendez (City Attorney): Thank you, Madam Chair. SR.1. The Ordinance was read by title into the public record by the City Attorney. Chair King: All in favor? Do I have a motion? Todd B. Hannon (City Clerk): Chair, I think you're going to read both titles in and we're going to do a block vote on SR.1 and 2. Commissioner Diaz de la Portilla: Well, we have 1, 2, and 4. Chair King: 1, 2, and 4. Commissioner Diaz de la Portilla: Right. Commissioner Reyes: 1, 2, and 4. Chair King: You didn't read them all already? Commissioner Diaz de la Portilla: No, she only read one. Ms. Mendez: That was one. Commissioner Diaz de la Portilla: She read SR.1. Chair King: That was one? Ms. Mendez: Yes. Commissioner Diaz de la Portilla: That was one, yeah. Ms. Mendez: That was one. Commissioner Reyes: Well, we need el chino here. Ms. Mendez.: Yes. We definitely -- Commissioner Diaz de la Portilla: Yeah, we need Barnaby. Ms. Mendez: Yeah. Commissioner Diaz de la Portilla: I mean, we need somebody that reads fast. Commissioner Reyes: We need Barnaby. Chair King: Read them all, Madam City Attorney. Ms. Mendez: SR -- Chair King: I thought you did. Ms. Mendez: Right. Okay, guys. Thanks. Commissioner Diaz de la Portilla: Okay. City of Miami Page 40 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Ms. Mendez: SR.2. The Ordinance was read by title into the public record by the City Attorney. Commissioner Diaz de la Portilla: You 're on the clock, come on, come on. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.3 was reset, correct? Commissioner Diaz de la Portilla: Yes, deferred. Ms. Mendez: And SR.4. The Ordinance was read by title into the public record by the City Attorney. Commissioner Diaz de la Portilla: A quick comment, Madam Chair, if I may. On -- Chair King: Yes. Commissioner Diaz de la Portilla: And then I'm ready to vote after that. On SR.2, 1 heard all the public testimony earlier today, and I think it's important to note that youth is important, but experience and knowledge is also important. So, as you name people that are young people, they need to know what they're talking about. So, the science matters, the information matters, the knowledge matters. So, as you go through that process, Commissioner Russell, I know you 've been leading this effort. Well, yeah. Yeah. That we have people on that board, no matter what the age is, that they have the experience and they have the knowledge, and they contribute something positive to the effort, to the overall effort. So, it's not only about youth, it's not only about age, it's also about experience, knowledge, and the facts, right? So, you understand that, right? That it's going to be, you 're going to recommend people that know what they're talking about, not just because they have a certain age, right? Because there's a lot of wisdom in being old, right, Commissioner? Commissioner Reyes: By being old, yes. Commissioner Diaz de la Portilla: Happy birthday, by the way. Commissioner Russell: Why you got to ask him? Commissioner Reyes: Thank you. Commissioner Diaz de la Portilla: Because he's -- it's his birthday. He turned 78, right? So, I mean, come on. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: You know -- Commissioner Reyes: You know -- Commissioner Diaz de la Portilla: -- I think it was Cicero that said that, right? That, you know -- Commissioner Reyes: You know, Commissioner, I got it, I got there, you haven 't yet. City of Miami Page 41 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Commissioner Diaz de la Portilla: I know, but hopefully, if I'm lucky, I'll get there. Commissioner Reyes: That's okay, 1 really hope you do. But 1 want to follow up on what you said, and I think it is very important that some criteria -- Commissioner Diaz de la Portilla: Sure. Commissioner Reyes: -- be placed in that whoever is going to be the nominee will have to meet because this is not a game. Commissioner Diaz de la Portilla: No. Commissioner Reyes: This is not a, 1 mean, just going in there and be all going home, because I was, remember, I'm young, but believe it or not --1'm old, but I was young once, a long, long, long time ago. Very idealistic, I mean, always a fighter, and I congratulate you for being here, participating, and that is fantastic. But there are certain criteria that you should meet, and you should have knowledge of what we're talking about, and be pragmatic also, you see, which is very important. And welcome, whoever it is, we're going to welcome them with open arms, okay? Vice Chair Carollo: Chairman? Commissioner Diaz de la Portilla: So, I'll move -- and I'll move the items. Chair King: A second? Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Vice Chair Carollo: Chairman? Chair King: Thank you. Vice Chair Carollo: Chairwoman? Chair King: Yes, yes, sir. Vice Chair Carollo: You know, I almost wish that 1 could be there in this lovefest, but I do have to say that this has been the most relaxing Commission meeting for me in the last four and a half years. I've got to tell you -- Commissioner Diaz de la Portilla: But its early. Vice Chair Carollo: -- the view that I have. I have about, I don't know, 70 to 80 plus doves, pigeons, small birds, even cardinals but for squirrels all eating in harmony, and it's the most amazing picture and they're all from Little Havana, in my backyard. So, it's, you know, been a tremendous relaxing meeting and just thought I'd pass that on. Commissioner Reyes: Well, may I propose, my dear Commissioner, that we, next meeting, you'd stay home too? Commissioner Diaz de la Portilla: I think that -- City of Miami Page 42 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Vice Chair Carollo: Well, I thought you wanted me to come in and -- Commissioner Diaz de la Portilla: -- I think, Commissioner Reyes, we make it like a permanent thing. Vice Chair Carollo: -- and I could see the Coconut Grove doves and pigeons. Commissioner Diaz de la Portilla: We make it a permanent thing. So, he can live with the squirrels and we can do what we do here. Vice Chair Carollo: Bring that harmony -- Commissioner Reyes: Well, bring the squirrel here. Vice Chair Carollo: -- over to City Hall. Commissioner Reyes: Bring the birds and the squirrel. Vice Chair Carollo: Yeah. Commissioner Reyes: Squirrels, bring it with you. Chair King: Well, Vice Chair, you would need to be here at the next Commission meeting because I will not be here. So, I need you to chair the Commission meeting. Commissioner Reyes: Okay. Vice Chair Carollo: I will be there. Commissioner Reyes: (UNINTELLIGIBLE). Chair King: Duty calls. Commissioner Diaz de la Portilla: Duty calls. City of Miami Page 43 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 SR.2 ORDINANCE Second 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 REQUIRE AT LEAST TWO (2) MEMBERS BE 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; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14067 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number SR.2, please see "Public Comments for allltem(s)" and Item Number SR.1. SR.3 ORDINANCE Second Reading 11559 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "GARBAGE AND OTHER SOLID WASTE," BY ESTABLISHING ARTICLE IX, TITLED "WASTE METERING," TO PROVIDE REGULATIONS FOR THE CITY OF MIAMI AND CERTAIN COMMERCIAL BUSINESSES AS DEFINED HEREIN; REQUIRING THE MONITORING AND REPORTING OF WASTE PRODUCTION USING SMART TECHNOLOGY; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Item SR.3 was continued to the June 9, 2022, Citj Commission Meeting. Note for the Record: For minutes referencing Item Number SR.3, please see "Order of the Day." City of Miami Page 44 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 SR.4 ORDINANCE Second 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. ENACTMENT NUMBER: 14068 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number SR.4, please see Item Number SR.1. END OF SECOND READING ORDINANCES City of Miami Page 45 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 10769 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of Zoning CHAPTER 35/ARTICLE VIII/SECTION 35-290 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "MOTOR VEHICLES AND TRAFFIC/PRIVATE PARKING LOTS/COMPLIANCE WITH THE INTERIM PARKING IN CHAPTER 62, ARTICLE XIII, DIVISION 4," AND CHAPTER 62/ARTICLE XIII/DIVISION 4/SECTION 62-543, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES/INTERIM PARKING/TEMPORARY PERMIT REQUIRED FOR APPROVAL," TO REESTABLISH THE FORMER TEMPORARY INTERIM PARKING PROGRAM TO ALLOW FOR CONDITIONALLY UNIMPROVED AND PARTIALLY IMPROVED PARKING LOTS ON PRIVATE PROPERTY; 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: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Commissioner Diaz de la Portilla: Alright, so -- Chair King: So, may I ask, City Attorney, would you please read the FR (First Reading) items into the record for consideration? Victoria Mendez (City Attorney): Okay, so for FR.1 -- Chair King: There's an amendment, a friendly amendment. Ms. Mendez: -- there's a requested amendment by Commissioner Russell that we would address, between first and second reading, basically to add language that if you are participating in the interim parking ordinance -- Commissioner Reyes: Okay. Ms. Mendez: -- that it would trigger the baywalk requirements in Section 3(mm) of the Charter and 3.11 of Miami 21. And there is also a second amendment that was requested by the Chair, which has clarifying language, and we would also put it in between first and second, that the current permit holders can continue their renewals under the current legislation but will not have that second bite at the apple under these provisions, but that they could continue, you know, vested or grandfathered in in the current legislation. And we can tweak both those language provisions between first and second reading, but those were two amendments that were offered for FR.1. Commissioner Diaz de la Portilla: Madam Chair, so -- Chair King: Commissioner. City of Miami Page 46 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Commissioner Diaz de la Portilla: Thank you. So, there are no amendments. It's a consideration between reading one and reading two. 1 agree with your -- what you want to do. I'm not necessarily in agreement with what Commissioner Russell wants to do with the baywalk, but -- so there really isn't any amendment. This is a consideration that we'll take into account -- Ms. Mendez: No, no, there -- Commissioner Diaz de la Portilla: -- between first and second reading, and we're going to discuss it before we come to second reading. So, there's no amendment to this. It is as is. Ms. Mendez: No, no. It's amended because it's now -- well, the reason why it 's -- so sometimes we do, as you are correct, things between first and second reading and there is not necessarily anything discussed on the floor. In this particular situation, because they are -- one of them is a little different, we want to make sure that it's addressed now, if there 's any questions, comments or concerns. So, it is technically going to be an amendment now because if not, we could -- it could be technically -- Commissioner Diaz de la Portilla: No. Ms. Mendez: -- considered that you have to bring it back again for a first reading. So, we're just trying to hash it out now -- Commissioner Diaz de la Portilla: Madam Chair? Ms. Mendez: -- as best as possible. Commissioner Diaz de la Portilla: So, what's the amendment? Let's talk -- we need to talk. Then can I pull this so we can discuss? Chair King: Right, so -- Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: That's right. Chair King: -- we can pull that. If you can continue, Victoria, to read all of the other titles into the record and we'll pull what needs for discussion and we'll move what we can move. Ms. Mendez: Thank you. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: FR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: FR.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: FR.4. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 47 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Commissioner Reyes: Okay, move them. Chair King: We're going to -- may 1 have a motion for -- Commissioner Russell: So moved. Chair King: -- FR.2, 3 -- Vice Chair Carollo: There's a motion. Chair King: -- and 4? Vice Chair Carollo: There's a motion but -- Commissioner Reyes: Second. Vice Chair Carollo: -- if I could just -- Commissioner Russell: 5 's deferred. Vice Chair Carollo: -- with your permission, Madam Chair. Chair King: Uh-huh. Vice Chair Carollo: On FR.3, I'm voting on it on first reading. I've asked the Administration to tighten up a little bit the language so that we are sure that habitual offenders don't slide through this. I understand the reason why we're placing this ordinance. It's affecting different apartment buildings and so on, but we also want to make sure that we're not leaving any cracks open for habitual offenders and that we could deal with them through this ordinance also. Commissioner Reyes: I agree with that. I agree with that and make it very specific. Vice Chair Carollo: Yeah. Commissioner Reyes: I agree with that. Vice Chair Carollo: Okay. Commissioner Reyes: All right. Commissioner Diaz de la Portilla: I'll move it. Commissioner Russell: Which items? Commissioner Reyes: That's FR.3. That's what it is -- it was referring. Commissioner Diaz de la Portilla: FR.1 -- I'm sorry, FR.2, 3 and 4. Chair King: 2, 3, and 4. Commissioner Diaz de la Portilla: 2, 3, and 4. Todd B. Hannon (City Clerk): And Chair, it's already been moved by Commissioner Carollo, seconded by Commissioner Reyes. Commissioner Diaz de la Portilla: Okay. City of Miami Page 48 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Commissioner Reyes: Yes. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: FR.2, 3, 4 passes unanimously. [Later... ] Chair King: And we will now discuss FR.1, Commissioner Russell. Commissioner Russell: Thank you, Madam Chair. So, the baywalk ordinance, as developed under our Charter back in '79, has a lot of. loopholes where people are able to do a lot of things on empty land, make money, and not be required to complete the baywalk. And the trigger is vertical construction. So, one of the loopholes that they've been able to get away with is temporary parking lots. The biggest one was 1201 Brickell Bay Drive, which just sold for a very large amount of money. A hundred thousand square foot lot, which was used for the last, I don't know how many years, as a temporary parking lot. They could have easily opened the baywalk if our requirement had been there for them to do so, but it didn 't require them. And so that is one of our priority locations that we're trying to connect, and this would give us a little more leverage to do so in the negotiation. The same thing goes for the Genting property and a few on the river as well, where they're getting temporary use permits to do three-year activations with temporary restaurants, but not being required to give us even a temporary version of the baywalk. I'm not looking for them to do the full-blown, hundred percent expensive version, but if they're going to do a temporary version of activation there, I believe they should at least have a temporary version of the baywalk so people can get through. That's all. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Okay. But are you putting -- I mean, are you putting an additional burden on development occurring in these areas? Commissioner Russell: It's not intended to. So, if they're investing in the space with an entitlement from us, we're asking for a little right-of-way of public access. That's it. Commissioner Diaz de la Portilla: Is it infringing on private property rights? Commissioner Russell: No, sir. Commissioner Diaz de la Portilla: It is not? Okay. Okay. Chair King: Are we ready? Commissioner Diaz de la Portilla: I'm ready. Chair King: Motion for FR.1 ? Commissioner Reyes: Move it. Commissioner Russell: So moved. Commissioner Diaz de la Portilla: I'll move it. City of Miami Page 49 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Chair King: Second? Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: Well, as amended, moving forward between first and second reading, correct? Commissioner Reyes: Yeah. Todd B. Hannon (City Clerk): So, you're -- the motion is as amended to pass it on first reading. Chair King: Yes. Commissioner Diaz de la Portilla: Yes, as amended, as our City Attorney said that we had to put it into the record. We could still come back on second reading and change it, right? Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Yeah, okay, so that's fine. Commissioner Reyes: That's right. Chair King: Okay. All in favor? The Commission (Collectively): Commissioner Russell: Thank you. Chair King: Motion carries unanimously. Mr. Hannon: As amended. Chair King: As amended. Commissioner Reyes: As amended. City of Miami Page 50 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 FR.2 ORDINANCE First Reading 11625 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 42/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "POLICE/TOWING AND IMMOBILIZATION/BOOTING OF MOTOR VEHICLES," TO ADD DEFINITIONS AND ADD REGULATIONS TO PROHIBIT THE SOLICITATION OF WRECKER SERVICES AT THE SCENE OF A TRAFFIC CRASH; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number FR.2, please see Item Number FR.1. FR.3 ORDINANCE First Reading 11927 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2/SECTION 2-208 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING, AND ZONING DEPARTMENT/NEW PERMITS PROHIBITED, NON - HOMESTEAD PROPERTIES," BY PROVIDING FOR THE ISSUANCE OF PERMITS IN CERTAIN LIMITED INSTANCES TO TENANTS, UNITS OWNERS OR BUILDING OWNERS LOCATED ON PROPERTIES WHERE THERE ARE OUTSTANDING CITY CODE VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number FR.3, please see Item Number FR.1. City of Miami Page 51 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 FR.4 ORDINANCE First Reading 11921 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE V/SECTION 54-187 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, TITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/STANDARD STREET WIDTHS," TO PROVIDE THAT THE ROUNDING OF CORNERS SHALL NOT BE CONSIDERED AS THE BASE BUILDING LINE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number FR.4, please see Item Number FR.1. FR.5 ORDINANCE First Reading 11938 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 VIII, TITLED "CITY PARK AND RECREATION WATERFRONT IMPROVEMENTS," TO ESTABLISH REQUIREMENTS FOR CITY PARK AND RECREATION WATERFRONT IMPROVEMENTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Item FR.5 was deferred to the May 26, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number FR.5, please see "Order of the Day." END OF FIRST READING ORDINANCES City of Miami Page 52 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 BU.1 11479 Office of Management and Budget BU - BUDGET BUDGET DISCUSSION ITEM MONTHLY REPORT I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Chair King: Is anyone here -- is anyone here from staff for the budget? Good morning. Commissioner Reyes: How much are you going to assign additional for each district? Additional funds that you're going to assign to each district? Marie Gouin (Director, Budget): (INAUDIBLE). Commissioner Reyes: No? Commissioner Diaz de la Portilla: Well, first, begin because we have the mask so we can hear you. Thank you. Ms. Gouin: (INAUDIBLE). Todd B. Hannon (City Clerk): And if you could pull the mic -- microphone down. Commissioner Reyes: Now I can see your face. Commissioner Diaz de la Portilla: Put the mic a little bit closer to you. Ms. Gouin: Is that better? Commissioner Diaz de la Portilla: Yes. Chair King: Oh, wait a minute. Commissioner Reyes: No, it's off. Chair King: I'm sorry. Ms. Gouin: Oh, it's not on? Commissioner Diaz de la Portilla: Oh, that's what it is. Ms. Gouin: All right. Good morning, Chair, Commissioners. On Friday the 6th, I had sent the details for the report. Commissioner Reyes: Yeah. City of Miami Page 53 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Ms. Gouin: It was emailed to everyone. Through March of 2022, we have revenues exceeded expenditures by $19.2 million, but we also have to back out some items. Internal Service Fund, which is the risk management and information technology, has a deficit of $8.6 million. And contingency reserves, which we use for emergencies, hurricanes, per our financial integrity principles, we have to leave that aside. Also, Transportation Trust has a surplus of $2.1 million, which we use for transportation - related activities. And Building Fund also have about $2 million surplus, so we back those out. After backing those out, you have $1.7 million estimated surplus for the end of the fiscal year. And don't forget, this is an estimate based on what we see through March of 2022. Do you have any questions? Chair King: No, 1 don't. Do any of my colleagues? Commissioner Diaz de la Portilla: I do, I do. The $2.1 million in surplus Jro transportation, can you be more -- can you itemize that fbr us? Ms. Gouin: What do you mean? What item? Commissioner Diaz de la Portilla: You talked about $2.1 million. Ms. Gouin: Yeah, $2.1 million. That's what we're projecting. That would be a surplus at the end offiscal year. Commissioner Diaz de la Portilla: In transportation. Ms. Gouin: In Transportation Trust, yes. Commissioner Diaz de la Portilla: In trusts, in trusts. Ms. Gouin: Yes. Commissioner Diaz de la Portilla: And where are you spending that money? Do you have a --? Ms. Gouin: We can only spend it for transportation related -- Commissioner Diaz de la Portilla: I know, but can you be more specific where you're planning to spend that 2.1 million? Ms. Gouin: We're not planning on sending it anywhere at this point. Commissioner Diaz de la Portilla: Okay. Ms. Gouin: It's just what we're projecting the surplus will be. Commissioner Diaz de la Portilla: Okay. So, but it applies to the trolley system and things of that nature, right? It can? Ms. Gouin: It can, yes. Commissioner Diaz de la Portilla: Okay, right, thanks. Commissioner Reyes: That's why -- Vice Chair Carollo: What is the, with the pluses and the minuses, what do we have left? City of Miami Page 54 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Commissioner Reyes: What is the fund balance? Chair King: What is the projected -- Commissioner Reyes: Fund balance. Chair King: -- surplus? Commissioner Reyes: Surplus. Commissioner Diaz de la Portilla: 17 -- Ms. Gouin: One point -- it's the 1.7 million for the general fund in total, 1.7. Commissioner Reyes: Okay. Chair King: Did that answer your question, Vice Chair? Vice Chair Carollo: For now, yes. Chair King: Okay. Thank you. Ms. Gouin: Okay, thank you. Commissioner Reyes: Madam Chair. Chair King: Yes. Commissioner Reyes: She mentioned something that it just clicked and I was -- you can sit down. Ms. Gouin: Okay, okay. Commissioner Reyes: It doesn't have anything to do with you. Ms. Gouin: Okay. Commissioner Reyes: We are in the middle of restarting the hurricane season. And Mr. City Manager, are we taking the proper measures, like cleaning the drains and pruning the trees and getting all the trash out. Juvenal, you know that every year by this time, you must be, you know that I'm always asking that we get ready for the hurricane season. And you know that we have a bunch of streets that they are more prone for flooding than others and those drainage have to be clean in order to avoid a major flooding that is going to hurt the people that live around there. Are we going to start doing that? I know that you have a program that rotates, but I want to just bring up to your attention that we have to do an extra effort now at this time that we might be hit by a hurricane or by a big storm. Get ready for them. Juvenal Santana: Good morning, Commissioners. Juvenal Santana, Director of Public Works. So, we have multiple things going on right now in preparation for hurricane season. Starting in January, we brought on a contractor to help us with our backlog of tree trimming. So, we had hundreds of open service requests on the tree trimming end. So, we -- we're well on our way, we're four months into that effort, and we're continuing to move along that way. We currently don't -- do not have any open service requests in our drainage inlet service requests. And many times, we get requests. from all of your offices and our challenge is to get that done -- City of Miami Page 55 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Commissioner Reyes: You're going to receive one from me. Mr. Santana: -- and get that taken care of immediately. So, we made significant headway in that effort. We had new funds appropriated last year, so we 've gotten two new vectors that are on the way -- Commissioner Reyes: Yes. Mr. Santana: -- that should be delivered in July, and we 've acquired additional portable pumps. So, typically, we will have some of these emergency pumps, the larger ones, pre-set, and that is our intention, and some of them are already out there during the entire hurricane season. And right now, we are updating our contact list internally as far as getting that ready so that, come June 1st, we're ready to turn that into the emergency manager and everything is well underway. So -- Commissioner Reyes: Okay. Mr. Santana: -- the flooding complaints -- and that is inevitable because we 're going to get some of those larger storm events in the afternoon, especially as we get closer into October and November. That's just part of life here, but our intention is to minimize that. Commissioner Reyes: 1 do understand, and I live in Miami for many years, 1 know that now we have less flooding than when I first arrived here. But we're going to still have in certain areas some flooding, and that is, 1 mean, but what 1 want to do is minimize. Mr. Santana: Absolutely. Commissioner Reyes: Minimize it, and minimize the effect of it, you see. Mr. Santana: Of course. Commissioner Reyes: Instead of lasting for four years -- I mean, for a whole week, it might be flooded for one day or two days and the water would recede. And eventually, it would flow out. And thank you very much for answering the question and for taking those measures. Good job. Mr. Santana.' Absolutely. Commissioner Reyes: Good job, thank you. Mr. Santana: Sure. Chair King: Thank you. We are at discussion items. Would you like to take the PZ (Planning and Zoning) item before we do the discussion item? Let's do PZ. Commissioner Diaz de la Portilla: Yeah. Victoria Mendez (City Attorney): And we still have the remaining two pockets, like discussion of the budget hearings and discussion -- and pocket by the Mayor's Office. Chair King: Well, we didn't get -- Commissioner Diaz de la Portilla: Discussion on the Mayor, Madam Chairwoman. On the Mayor's pocket item, I had a conversation with the Mayor yesterday, and I City of Miami Page 56 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 don't know if they want to move forward with that yet or not. Have you decided, Mr. - -? Has the Mayor's Office decided what they want to do with that? Eddy Leal (Counsel to the Mayor): If we can postpone that for -- I can have a conversation and I could come back if we're going to formally introduce it. Commissioner Diaz de la Portilla: I think the Chair's intention is to get the heck out of here by noon, right? Commissioner Reyes: Well -- Commissioner Diaz de la Portilla: By 12:05. Commissioner Reyes: 1 have -- I have to -- Chair King: He has to leave at 11:30, so I'm trying to -- Commissioner Diaz de la Portilla: Yeah. Mr. Leal: We 're going to -- just give me a few minutes. Commissioner Diaz de la Portilla: Okay. Chair King: We're ready to go. So, 1 was advised that you may have one, so you're going to definitely have it? Okay, and -- Commissioner Diaz de la Portilla: PZ, it is. END OF BUDGET City of Miami Page 57 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 DI - DISCUSSION ITEM DI.1 DISCUSSION ITEM 10764 A DISCUSSION ITEM REGARDING MIAMI 21 TASK FORCE City Manager's RECOMMENDATIONS FINAL REPORT. Office RESULT: DISCUSSED Note for the Record: For additional minutes referencing Item Number DL1, please see "Public Comments for all Item(s). " Chair King: And we have DI.1 you said, Todd? Todd B. Hannon (City Clerk): Yes, ma'am. Chair King: The Miami 21 Task Force recommendations final report. Good morning, Mr. Snow. David Snow: Good morning, Madam Chair, members of the Commission. David Snow, Assistant Planning Director. I have a brief presentation on the task force and what the task force was able to accomplish and then also talking a little bit about next steps. So, bear with me one minute as I get this plugged in. Get it up on the screen. Alright, so this actually -- this task force was designed to look at the Miami 21 Zoning Ordinance. The ordinance was originally established in October of 2009, which was essentially an overhaul of the existing 11000 Zoning Ordinance to bring in a form - based code to the City of Miami for zoning. In December of 2019, the City Commission enacted a resolution to study and to do a comprehensive review of the Miami 21 Code. And then in October of 2020, the Commission assigned 12 members to be appointed to the task force. Those members made up of professionals in architecture, in the legal fields, and also members of the community were appointed to that board. The board ran from January 2020 to September of 2021. I'm sorry, let me restate that. January 2021 to September 2021. In that time period, we had roughly 10 public meetings and workshops that were held in discussing very specific items as it relates to the Miami 21 Code. And those items were the following: affordable housing, climate change and resiliency, quality of life, prosperity, service, and assessment. So, just to kind of give you an idea of where we're at in this process, essentially, stage one was the task force and then establishing the recommendations to Miami 21 and what needs to be fixed and looked at further for the code. Stage 2 is what we're here today, just presenting the report. And we're kind of in a middle stage between Stage 2 and Stage 3, which is assembling an implementation strategy of the recommendations. So, looking at short, middle, and long-term approaches to the amendments that would ultimately fix the code where it needs to be. And then Stage 4 is where we'd actually get into the implementation of the amendments, working with members of the public, working with your offices on those amendments going forward. So, just to give a quick snapshot of those recommendations that were provided by the task force, again, through many meetings, roughly 10 total, those were all open to the public. They were actually held in these chambers. We did have members of the public that would attend and participated in those. Again, we spoke about the six topics. There were over 300 various comments that were identified by the task force, which were essentially broken down into the specific 183 total recommendations to the Miami 21 Code. And then you can see the numbers below on the topics of each recommendation. So, for affordability, we had 83 recommendations; climate change and resiliency, 28 recommendations; quality of City of Miami Page 58 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 life, 22; prosperity, 10 recommendations; service, 33; and assessment, 7 recommendations. So, talking about the implementation strategy for the report, so we have it broken down into short, medium, and long term. The short term is -- are things that can be done quickly, cleanup items that don't really need a lot of public engagement to. They're pretty simple that can be moved forward relatively quickly. The medium and long-term, these are things that would need additional public dialogue and input from each of your offices on going forward and maybe additional studies by the Planning staff and consultant teams. So, next steps. So, as mentioned, we're looking to move forward with the implementation of these various recommendations. Working -- continue to work with the public, continue to work with your offices on those recommendations. So, that concludes our presentation. I do want to make a quick note. We do have a member of the task force here today. She was not able to make it to the public comment period, but she would like to make a brief comment on the task force. Unidentified Speaker: Okay. Commissioner Diaz de la Portilla: Well -- (COMMENTS MADE OFF THE RECORD) Mr. Snow: Yeah. And also, just to note, we are continuing to move along. We have roughly six various amendments that are moving forward that have been addressing specific recommendations of the task force. The first being the affordable and attainable mixed income, mixed housing special benefits program. So, that has gone forward. The Article 4, Table 12 design criteria, so we've -- that will be coming before this Commission. It's already gone through PZAB (Planning, Zoning and Appeals Board), and that was to clarify some of that criteria for special permits. The 25-foot ground floor height for all uses. The Wynwood NRD-1 (Neighborhood Revitalization District 1) Amendment and Design Review Committee, which also identified some of the recommendations from the task force. The Waterfront Resiliency Public Benefit Program, that is moving forward and going to PZAB June 18th. And then finally, the waiver, the waiver processes. We have over 21 waivers in Miami 21. Some of those are asked for over every application and so there 's things that we need to clean up, try, to streamline the process as it relates to waivers. So, that is forthcoming. So, that gives you an idea of some of the amendments that we 've been working on. And we did -- I did hear the public comments today. I know there was concerns about, you know, the public being involved in the process. This -- you know, we're -- again, the process is still ongoing. Once we work through the implementation of this, working with each of the neighborhoods and those impacted communities through this is strongly encouraged, so we'll be seeking that as well through the process. Thank you. Chair King: Thank you. Let's let her speak -- Commissioner Diaz de la Portilla: Okay. Chair King: -- first and then we'll direct any questions that we may have. Please come forward. Nathalie Duran: Still morning? Chair King: Good morning. Yes, still morning. Ms. Duran: Good morning, everyone. Hi, my name is Nathalie Duran. I was on the Miami 21 Task Force. My, concentration was on affordability in the City of Miami. And I'm just going to piggyback off of what David mentioned about how the Miami 21 City of Miami Page 59 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Task Force had made recommendations on some of the amendments that actually came into play and actually are now new zoning laws, particularly about parking and other changes. I would like to maybe have a chance to meet with every commissioner individually to discuss about how these effects -- how this affects affordable housing and infill lots in the City of Miami. These changes have made it now impossible to fit the parking requirements and the incentives that we as private developers for affordable housing once had. I thought I heard a plane. So, if you give me the opportunity, I would love to sit with every single one of you and I can bring in, you know, five, six different projects that I have been working on and to show you how now it's physically impossible to do it. Not only feasibly, you know, monetarily, just we cannot fit it anymore. So, if we can, you know, set something up and discuss, you know, perhaps considering more affordability in these changes and it would be great. Obviously, there's a lot to talk about on, you know, the booklet that we had worked on for over a year, but specifically about affordable housing, 1 would really like to take that opportunity to sit with each and every one of you and show you just how it 's not going to work. And sadly, now we're -- a lot of developers are kind of stuck in limbo. Chair King: Well, here we go again with these conclusory comments. How you feel it's not going to work, we haven't determined that it's not going to work. So, I'm just trying to correct language because then you put that narrative and people hear that and they think, oh, it's not going to work. Commissioner Diaz de la Portilla: Correct. Chair King: No, that's your opinion that it's not going to work. It's not settled that it won't work. But I'm sure myself and all of my colleagues would like to meet with you and get further information, but we're not making any conclusions right now on what will or will not work. So, I just want to make that clear because I've heard a lot of conclusions today that we aren't qualified to make, and we aren't willing to accept your conclusion as that is what it is. So, thank you for your comment. Appreciate you coming forward and thank you for your service -- Ms. Duran: Of course. Chair King: -- on the task force. Ms. Duran: Alright, thank you. Chair King: Thank you so much. Vice Chair, do you have a comment? Vice Chair Carollo: No, I do not. Chair King: Okay, Commissioner, you wanted to make a statement? Commissioner Diaz de la Portilla: No, I think the comments that you made were very appropriate. You know, I agree with you. So, in essence, why, be repetitive and redundant when, yes, we have a long way to go, but we do have to have a time frame and a sense offinality. inality. I think when you come to us, how many amendments you 're going to propose, the actual language of those amendments, and how comprehensive this entire revamp, for lack of a better word, how comprehensive that revamp's going to be. So, we don't want to keep on having a debate and back and forth. We want you to come to us with what you recommend we should be doing moving forward. It's very important, probably the most important thing and probably the most important conversation we've had today has been this, believe it or not. This is the beginning of a very, very, very comprehensive revamp of Miami 21, which we've all been calling At. since we've been here, right? So, I think it's important, but again, nothing is -- Chair King: Very, very hot topic when I was campaigning. City of Miami Page 60 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Commissioner Diaz de la Portilla: Sure, and my -- and when I was campaigning too, and we -- now we're here, right? So, now you guys come to us and tell us this is what we think and actual language what should be happening or not happening. But you're right, it's a beginning, but don't drag it out too long, you know, don't -- let's not continue talking about us finding solutions and some finality to all this. That 's my only comment. The only thing, Madam Chair, I would like to ask for both you and Commissioner Russell, to come back at 12 o 'clock on the dot. It's going to be a three - minute meeting, CRA (Community Redevelopment Agency) meeting, and then we're good to go. Everybody go -- Chair King: Do we need to make a motion to accept his report or we just --? No? We just listen to it? Commissioner Diaz de la Portilla: We just ignore him -- we ignore him for now. Chair King: Okay. Art Noriega (City Manager): It was a discussion item -- Commissioner Diaz de la Portilla: Right. Mr. Noriega: -- with the intent that the next piece of this is individual meetings with each of you -- Commissioner Diaz de la Portilla: Correct. Chair King: Perfect. Mr. Noriega: -- to go through it in more detail. Commissioner Diaz de la Portilla: Correct. Chair King: Perfect. Commissioner Diaz de la Portilla: Correct, yes, so just -- Chair King: And I'm making my way through that 100-page document. Commissioner Diaz de la Portilla: Yes, we're not there yet, but we're going to get there. Chair King: Okay, so at this time, going to thank all of you for attending and close the Vice Chair Carollo: But Chair, before you end the meeting -- Chair King: Uh-huh. Vice Chair Carollo: -- I just want to be sure, F.1 [sic], was that finalized? Chair King: F -- which one? Vice Chair Carollo: F -- Chair King: FR.1? City of Miami Page 61 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Vice Chair Carollo: Yeah, FL.1. Commissioner Diaz de la Portilla: First reading. Chair King: First reading. Todd B. Hannon (City Clerk): No, I think he asked for FL (Future Legislation), Foxtrot Lima Dot One -- Chair King: Oh. Mr. Hannon: -- FL.1. Vice Chair Carollo: Yes. Mr. Hannon: That's just future legislation. It's just on the agenda for notification purposes. Chair King: It's just -- right, it's just for informational purposes only. Vice Chair Carollo: Okay, all right. Chair King: That at some point -- Vice Chair Carollo: Very good. Chair King: -- it will come before us. Mr. Noriega: More than likely -- Vice Chair Carollo: That's fine. Mr. Noriega: -- sooner rather than later. Chair King: Okay. Mr. Noriega: And the reason the Commissioner is asking about it is because he had some specific questions with regards to it, and it's almost ready, that legislation, so we portend -- we probably will be sharing that in very short order. Chair King: Okay. Vice Chair Carollo: Very good. Okay, thank you. Chair King: Meeting adjourned. END OF DISCUSSION ITEM City of Miami Page 62 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 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 63 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 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 64 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 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 65 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 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 Note for the Record: For minutes referencing Item Number BC.5, please see "Public Comments for all Item(s)." 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 66 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 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 Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large City of Miami Page 67 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 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 68 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 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 69 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 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 70 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 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 71 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 BC.14 11896 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Commissioner Alex Diaz de la Portilla (Citizen — Category 7) Commissioner Alex Diaz de la Portilla (Architect/Architectural Historian - Category 4) Commissioner Ken Russell (Real Estate Broker — Category 5) Commissioner Ken Russell (Citizen — Category 7) (Business and Finance or Law — Category 6) (Architect — Category 1) (Alternate in Business and Finance or Law — Category 8) (Citizen — Category 7) (Landscape Architect — Category 2) RESULT: NO ACTION TAKEN Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King City of Miami Page 72 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 BC.15 8267 Office of the City Clerk BC.16 11897 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 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: NOMINATED BY: RESULT: NO ACTION TAKEN Commissioner Christine King City of Miami Page 73 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 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 74 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 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 75 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 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 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 76 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 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 77 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 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 78 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 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 NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 79 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 BC.25 11835 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AND/OR CONFIRMING CERTAIN INDIVIDUALS AS MEMBERS OF THE WYNWOOD NRD-1 PUBLIC BENEFITS TRUST FUND COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: APPOINTED/NOMINATED BY: Scott Sherman Commissioner Ken Russell David Lerner Commissioner Christine King Albert Garcia Commission -At -Large David Lombardi Wynwood Business Improvement District (BID) Board David Polinksy Wynwood Business Improvement District (BID) Board ENACTMENT NUMBER: R-22-0177 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla ABSENT: Reyes Chair King: So -- Commissioner Diaz de la Portilla: One thing, Madam Chairwoman, very quick because I know Commissioner Reyes is leaving, but we do have a -- Commissioner Russell: Boards. We have some boards. Commissioner Diaz de la Portilla: But be -- Chair King: Board appointments? Commissioner Diaz de la Portilla: Oh, I'm sorry. I'm sorry. Todd B. Hannon (City Clerk): Yes, we have the hoard appointments and then also DI 1. Would you like to proceed with the --? Chair King: Can you do the board appointments now? Mr. Hannon: Yes, ma'am. Commissioner Diaz de la Portilla: Okay. City of Miami Page 80 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Mr. Hannon: BC.25, Wynwood NRD-1 Public Benefits Trust Fund Committee. Commissioner Russell will be appointing Scott Sherman. Commissioner King will be appointing David Lerner. The Commission at -large appointment will be Albert Garcia. The Wynwood Business Improvement District BID (Business Improvement District) Board will be appointing David Lombardi. And they will also have a second seat. The Wynwood Business Improvement District BID Board will also be appointing David Polinskv. Commissioner Russell: So moved. Commissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? The Commission (Collectively): Ave. Chair King: Motion carries. END OF BOARDS AND COMMITTEES City of Miami Page 81 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE 6531 MAY BE DEFERRED Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL- SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 444 AND 460 SOUTHWEST 2 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Item PZ.1 was continued to the June 9, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.1, please see "Order of the Day." City of Miami Page 82 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 PZ.2 6532 ORDINANCE MAY BE DEFERRED Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CHANGE THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 444 AND 460 SOUTHWEST 2 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM "CI", CIVIC INSTITUTION TRANSECT ZONE, TO "T6-36B-O", URBAN CORE TRANSECT ZONE — OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Item PZ.2 was continued to the June 9, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.2, please see "Order ofthe Day." City of Miami Page 83 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 PZ.3 8718 Office of Zoning 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. ENACTMENT NUMBER: R-22-0178 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Russell, Diaz de Ia Portilla NAYS: Carollo, Reyes Commissioner Diaz de la Portilla: PZ (Planning and Zoning)? Chair King: PZ.3. Is anyone here for public comment on PZ.3? Todd B. Hannon (City Clerk): We already, had public comment, but I'm not sure if this is an attorney representing -- Chair King: Right. Jeffrey Neiman: Good morning. Chair King: Good morning. Mr. Neiman: I'm an attorney representing MRC 44, LLC. Jeffrey Neiman for the record. Chair King: Does anyone have any questions? Victoria Mendez (City Attorney): Commissioners, this was the appeal item for the marijuana CU (Certificate of Use). The only thing I ask, if the Commission is so inclined to approve this, that we have legislation in place to address it. That is the only concern I have. Commissioner Reyes: Point of information, by voting yes in this one, we are agreeing with the PZAB (Planning, Zoning and Appeals Board)? City of Miami Page 84 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Ms. Mendez: If you grant the appeal, you agree with the Administration. Commissioner Reyes: Which it totally opposes at this moment. Ms. Mendez: Right, which would be overturning the -- it would be overturning the PZAB decision to grant the CU. Commissioner Reyes: To grant permission to, I mean, operate those little distribution centers for marijuana. Right? Ms. Mendez: Right. So, if you -- Commissioner Reyes: Okay. Ms. Mendez: -- grant -- if you grant the appeal, it would be denying the CU. Commissioner Reyes: Okay. Commissioner Russell: Madam Chair? Commissioner Diaz de la Portilla: Well -- Chair King: Commissioner Russell. Commissioner Russell: Thank you. Is there a procedure that we need to follow in the quasi-judicial format of the appeal before making any motions? Ms. Mendez: Right, it would have to he a full -out hearing. Commissioner Russell: Yes, that's what I'm -- so we're not expecting any motions right -- we're not asking for motions right now. You're about to start the process of going through the appeal, correct? Commissioner Reyes: I do understand -- Commissioner Diaz de la Portilla: No, no, no. Commissioner Reyes: -- that, sir. I'm just clarifying it. I know you are dying to pass this because -- you have your card? Commissioner Russell: I have my, card. Commissioner Reyes: You see, I know you're dying to pass this. Commissioner Russell: I've got to travel all the way to South Miami. Commissioner Reyes: And I don't want it, okay? Commissioner Diaz de la Portilla: Or by the airport. Commissioner Reyes: Like it is now, I don't want it. So, I just want to make clear, which -- I want to make clear how shall I vote in order to preclude this from happening the way that it happened. Chair King: So, you do not want to have dispensaries in the City of Miami. Commissioner Reyes: At this moment, no. City of Miami Page 85 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Chair King: That's your position. Commissioner Reyes: My position, the way that -- Chair King: So, So Victoria, what would his vote be? He does not want to have dispensaries in -- Ms. Mendez: Right, so I think he was just trying to clarify what the legislation is. He would obviously listen to the hearing and move forward first. But if we grant this appeal, it would be denying the certificate of use. Commissioner Reyes: Okay. Ms. Mendez: If you grant the appeal, you would deny the certificate of use. Commissioner Diaz de la Portilla: So, the court has -- Ms. Mendez: You would have to have a hearing first and listen to everything. Commissioner Diaz de la Portilla: Well, no. The court ruled against the City of Miami, is that correct? Ms. Mendez: No. Commissioner Diaz de la Portilla: No? What's happened? Ms. Mendez: That is not what happened. Commissioner Reyes: No, haven't ruled yet. Commissioner Diaz de la Portilla: Well, why don't tell us what happened and tell us what the vote means. Ms. Mendez: Right now, we are in state court. Commissioner Diaz de la Portilla: Yes. Ms. Mendez:: What happened was that the federal judge -- Commissioner Diaz de la Portilla: Ruled against -- Ms. Mendez: -- did not do his job. Commissioner Diaz de la Portilla: Well, no, no, no, that's your opinion. Ms. Mendez: And he re -- Commissioner Diaz de la Portilla: That's your opinion. That's your opinion, no, no, 120. Ms. Mendez: He returned -- he did not make a decision on the merits. Commissioner Diaz de la Portilla: No, the Third DCA (District Court of Appeal) -- Ms. Mendez: He did not -- that is what occurred. Commissioner Diaz de la Portilla: The Third DCA said, right? City of Miami Page 86 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Ms. Mendez: 1Vo, the federal court. Commissioner Diaz de la Portilla: The federal court said, I'm sorry. The federal court Ms. Mendez: The federal judge said -- Commissioner Diaz de la Portilla: -- said said that we -- hold on, that the legislative body -- Ms. Mendez: I thought you were asking me, so that's what I was claming. Commissioner Diaz de la Portilla: I'm trying to ask you, but you're not letting me. Ms. Mendez: Oh, I -- Commissioner Diaz de la Portilla: The federal court -- the federal court said that we should not give to them what we should be doing, in essence, right? That the legislative body should be determining what the policy should be. So, don't delegate to a court, any court, what as a legislative body we should be doing. That's what they said. Ms. Mendez: No, what they said -- Commissioner Diaz de la Portilla: Well, yes, that's what they said. Ms. Mendez: -- what they did is they failed to make a determination whether state law and federal law -- Commissioner Diaz de la Portilla: They conflict. We all understand that. Ms. Mendez: -- conflicts. They failed to do that and what they said is you -- they punted and said you, Commission -- Commissioner Diaz de la Portilla: Right. Ms. Mendez.: -- you make a determination -- Commissioner Diaz de la Portilla: Of course. Ms. Mendez: -- you make legislation. Commissioner Diaz de la Portilla: Six in one half, a dozen in the other. Ms. Mendez: They refused -- Commissioner Diaz de la Portilla: We're saying the same thing. Ms. Mendez: -- they refused to say what the law was. Chair King: Wait, wait, wait, wait. Commissioner Diaz de la Portilla: No, hold on, hold on, Madan Chair, no, hold on, because that's not their job. Chair King: Well, that's what I -- City of Miami Page 87 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Commissioner Diaz de la Portilla: That's our job. Chair King: That's what 1 was going to say. Commissioner Diaz de la Portilla: That's what they said. What they said was do not delegate to us what you -- what should be under your purview. That's what they said. And they sent it back to us saying, guys, you know, no, no, you guys make the decision, we make the decision, but don't give it to us, don't throw it on us. It's not on our lap, it's on our lap. That's what they said. So, as a matter of public -- Ms. Mendez: I disagree. Commissioner Diaz de la Portilla: Well, that's fine. But as a matter of public policy, what this body has to do today is determine whether we want, in essence, two marijuana dispensaries, right, in the particular locations. Is that what it is? Mr. Neiman: Correct, Your Honor. Commissioner Diaz de la Portilla: No, that's what it is in essence, right? Let's cut through the bull, right? So, that's what we're voting on today. Whether we have the right as a legislative body to say, let's move forward with this. You have not come to my office and talked to me about this, by the way, the first time I see you on this issue, right? Mr. Neiman: Correct, correct. Commissioner Diaz de la Portilla: Have you made an appointment in my office? Mr. Neiman: I have not. Commissioner Diaz de la Portilla: Okay. And you're advocating for this? Mr. Neiman: I'm advocating it for it. Yes, I am. Commissioner Diaz de la Portilla: Okay, good. So, moving forward, I think you should probably come talk to every Commissioner to make sure that people understand what the issue is. Mr. Neiman: Will do. Commissioner Diaz de la Portilla: Okay? Chair King: Commissioner Russell. Commissioner Russell: Thank you, Madam Chair. Academic legal question for our City Attorney. If the federal judge, and going further on what you were saying, Commissioner, if the federal judge said that the City didn't do what they were supposed to do, isn't he conferring that we have the authority to do what we would like to do? Commissioner Reyes: That's what he -- she said. Commissioner Diaz de la Portilla: I said that. Ms. Mendez: He basically punted, sent it to the state 's court, so we're in state court right now. They don't even have the marijuana dispensary license, by the way, just so we're (UNINTELLIGIBLE). City of Miami Page 88 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Commissioner Russell: This is not what I'm asking you. This is a simple question I'm asking you. Ms. Mendez: In addition to that, they just basically said the state law says that you can pass a law. That's what they said. But they refused to look at the issue of the -- Commissioner Russell: Of the substance. Ms. Mendez: -- state and federal discrepancies -- Commissioner Russell: But by send -- Ms. Mendez: -- and the fact that they do not -- Commissioner Reyes: -- by sending it back to State and in the statement saying the City has a job to do in making that policy, that federal judge is in essence saying that the City has the jurisdiction to make that decision, meaning that the state law is good. Commissioner Diaz de la Portilla: Can you --? Ms. Mendez: No. But you can do what -- Commissioner Diaz de la Portilla: Madam Attorney, can you read -- Ms. Mendez: -- you wish to do. Commissioner Diaz de la Portilla: Can you read to me --? I'm getting a copy of it, hut I'm sure you have it in front of you. Can you read to me and to us what the federal judge said? Ms. Mendez: I don 't have it in front of me. Commissioner Diaz de la Portilla: You don't have it, well you should. So, I'm going to get it, you give me a minute, and I'm going to read it. Mr. Neiman: I have a copy of the order. Commissioner Diaz de la Portilla: I'm sure you did, but thank you for coming to my office. Go ahead and read it. See what it says. What the federal judge said. Ms. Mendez:: What section? Mr. Neiman: It's a 13-page order. Commissioner Diaz de la Portilla: No, but you know the point I'm talking about. Mr. Neiman: And basically, what the federal -- Commissioner Diaz de la Portilla: Do we have jurisdiction to deal with it or not? Verbatim. Read exactly what he said. Mr. Neiman: Judge Moore -- Commissioner Diaz de la Portilla: Yes. City of Miami Page 89 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Mr. Neiman: -- denied the City's motion to remand the case into federal court where they were alleging that there was a -- the Controlled Substance Act trumped, in essence, the Florida State marijuana law. Commissioner Diaz de la Portilla: Correct. Mr. Neiman: And the judge says, nah, that's not what this is about. This is -- Commissioner Diaz de la Portilla: Well, he didn't say "nah," but just to get -- yeah, yeah. Mr. Neiman: He -- he said no. Commissioner Diaz de la Portilla: He didn't use that word. He didn't say N-A-H. He didn't do that. Read me what he wrote. Mr. Neiman: He said, upon consideration of the motion, the response to reply, the pertinent portions of the record and being otherwise fully advised in the premises, it is hereby ordered and adjudged that the plaintiff, the City's motion to remand to state court -- I'm sorry, our motion to remand back to state court is granted. This case is remanded back down to the state court where we're litigating whether or not the denial of the certificate of use, which is what this case was about -- Commissioner Diaz de la Portilla: Right. Mr. Neiman: -- was appropriate or not. Commissioner Diaz de la Portilla: But Commissioner Russell -- Commissioner Reyes: But, wait, wait, wait. Commissioner Diaz de la Portilla: -- to Commissioner Russell's point, what did he say about the jurisdiction this body, this legislative body has over this issue? Mr. Neiman: He said -- Ms. Mendez: He said given the significance of the -- Commissioner Diaz de la Portilla: No, hold on. I'm asking -- Ms. Mendez.: -- of the City's inaction -- Commissioner Diaz de la Portilla: Madam Attorney, I thought you didn't have it. But he's got it. Ms. Mendez: I didn't have it the second you said it. Commissioner Diaz de la Portilla: Okay, but now you have it. Ms. Mendez: Then you told him to read it, then I got it, and I have it. Commissioner Diaz de la Portilla: Okay, so whoever wants to read it, read what the judge said on our responsibility as a legislative body. And you know the part I'm talking about? Ms. Mendez: So, wait -- City of Miami Page 90 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Commissioner Diaz de la Portilla: Or do I still have to wait to get it from my staff? Ms. Mendez: The section you're saying is, given the significance of the City's inaction under 381-986, the court finds that the plaintiff's right to relief depends largely upon the construction or application of state law, not federal law. In other words, the case primarily involves the interaction between the municipality's failure to act and the operation of state law. This alone weighs against the finding that plaintiff's right to relief depends upon the construction or application of federal law. But that does not mean -- he basically said that he was not going to address the issue of state and federal law. Commissioner Diaz de la Portilla: No one can get me -- Ms. Mendez: With that said -- with that said, 1 ant not -- Chair King: Wait, wait, wait. Commissioner Diaz de la Portilla: Wait, hold on a second. Chair King: Again, where is the City Manager? Because this is -- this is a moment where I need to turn the mics off. Commissioner Diaz de la Portilla: Well, no, I mean -- Chair King: No, no, no, no. Commissioner Diaz de la Portilla: I have a line of questioning. Chair King: Right, I understand. I understand, but we're talking over each other. We're not letting -- you're speaking to Commissioner, telling him, no, you're not -- you don't understand what's being said. You're interpreting it. He's reading it. And it's getting a little chaotic. Commissioner Diaz de la Portilla: Okay, okay, so let -- Chair King: So, I -- Commissioner Diaz de la Portilla: -- so recognize me whenever you're ready. Chair King: I will recognize you. One, first, I asked to define a yes vote and a no vote Commissioner Reyes: That's right. Chair King: -- because Commissioner Reyes was concerned and confused as to what a yes vote means and what a no vote means. So, can you in simple terms explain for Commissioner Reyes if he votes yes what does that paean? And if he votes no, what does that mean? Ms. Mendez: Well, it would have to -- the motion would have to be to grant the appeal and that would deny the CU. So, if you vote to grant the appeal. Chair King: Give me the second option. Ms. Mendez: If you deny the appeal, you grant the CU. So, you either grant the appeal and denies the CU or you deny the appeal and it grants the CU. City of Miami Page 91 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Chair King: Do you understand, Commissioner? Ms. Mendez: But what 1 would ask -- Chair King: Wait, wait, Victoria. Commissioner Reyes: Yes, yes, yes. Chair King: So, do you understand? Commissioner Reyes: Yes, Madam Chair. I do understand and -- because I'm still -- I have my position, which is very clear. And 1 will state it when it comes time to vote, but 1 know what -- how I'm going to vote and why I'm going to vote like that, you see. 1 still don't understand all this going back and forth with what the court said and what because it's extremely confusing. And my understanding is that this has not been -- it's not clear yet. It is not clear yet. And if it's not clear yet, let's wait until the court clears it out, you see? Chair King: I understand your position. Commissioner Reyes: Yes. Thank you, ma'am. Chair King: Commissioner? Commissioner Diaz de la Portilla: Thank you. So, I'm still waiting for someone to read the language about our ability to -- do we have jurisdiction over this or not? So, it's very simple, right? I mean, let's not get confused about who wants to make policy, who doesn't want to make policy. We make policy, right? We can determine whether we want two marijuana dispensaries. They're layman's terms, right? It's simplified. Whether we want two marijuana dispensaries on -- in downtown Miami. We have them in South Miami, we have them by the airport, we have them all over the place. It's a public policy argument whether we're okay with medical marijuana dispensaries as authorized by state law. And we can have the judicial process we can undergo and we can have all those conversations. What I want to vote for is to allow it to happen. Simple enough. I think I was very clear when I read -- I don't have it in front of me unfortunately, but I read it. I read it two months ago, the original opinion that the federal judge issued, which was, hey, you guys do it. It's under your jurisdiction. You guys can do it. So, we guys -- we guys being us -- can do it, then let's vote. Vote it up or vote it down. Chair King: So, let's get a motion. Commissioner Diaz de la Portilla: Alright. Chair King: Commissioner Russell, I'm sorry. Commissioner Russell: I believe we have -- sorry. Prior to an actual motion with a decision, we need to give ample -- we have to have a proper hearing so that our decision and motion is not biased. Am I correct? Commissioner Diaz de la Portilla: No. Chair King: From what I understand with this -- Commissioner Russell: We haven't heard from the Administration. We need to put these on the record. I just want to make sure our decision is strong to challenge, right, City of Miami Page 92 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 that we've gone through the correct appeal procedure of a hearing so that our motion is binding. Commissioner Reyes: You 're not biased? Commissioner Russell: No. Commissioner Diaz de la Portilla: I disagree with that, but -- Commissioner Russell: You may be right. Chair King: Victoria, do we need to hear front staff? What procedurally do we need to do to address this item procedurally? Ms. Mendez: Procedurally, you would have to have a quasi-judicial hearing, but evidence needs to be presented by their side, by the Administration. Chair King: Right, okay. So, do we make a motion if we want -- if the body wants to move forward with this, do we make a motion to deny and then well have the hearing after that? Ms. Mendez: No. Chair King: The hearing has to take place today? Ms. Mendez: The hearing would take place and then you would make a motion. However, this is to -- you're going to do all this before having an ordinance in place. Commissioner Diaz de la Portilla: Yes, we can. Yes, of course you can. That's okay. Let her move forward. Chair King: What needs to happen with the hearing? What do we --? We've had public comment. Ms. Mendez: Mr. Goldberg can present what -- his position and then he can present his and we can go from there. Chair King: Go ahead. Daniel Goldberg: Good morning. Good morning. Daniel Goldberg, Zoning Administrator. I'll be brief since we (UNINTELLIGIBLE) present this a month ago. This is an appeal from the Office of Zoning for the PZAB 's decision to overturn the Zoning's decision to deny a CUfor medical marijuana dispensary. The reason for the denial is that Miami 21 contains a provision, Section 2.2.2, which provides that in the event of a conflict between Miami 21 and any other law or ordinance that that imposing the most restrictive standard or the higher standard controls. State law, as I understand, treats medical marijuana dispensaries the same as a pharmacy. A pharmacy under Miami 21 is general commercial, which is allowable in many areas of the City. The conflict stems from the fact that notwithstanding the Legislature's actions to create this regulatory regime for medical marijuana, the Controlled Substances Act and the DEA (Drug Enforcement Administration), through its rule - making authority, has deemed marijuana to be a Schedule I drug and is prohibited from being distributed and sold and so on. So, that is the essence of the conflict. Chair King: Can you explain to me how we have medical marijuana dispensaries throughout Miami -Dade County and the City of Aventura, South Miami? Why do we have such a hiccup when it's being done? City of Miami Page 93 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Mr. Goldberg: I'm not sure. I'm not really aware of if they have similar provisions in their code as far as conflicts. Their code may he silent as to conflicts with other laws, so I'm not really equipped to answer that. 1 apologize. Ms. Mendez: They don 't see a conflict between state and federal. That 's the difference. Chair King: Okay. Would you please present your side, please? Mr. Neiman: Good morning. Jeffrey Neiman, on behalf of MRC 44, and 1 also will be brief. And Madam Chairwoman, that is exactly kind of -- it's confounding to me, really amazing to me that the City of Miami has taken this position, or the City Attorney's Office has taken this position, that this certificate of use, which is all we've asked here, is that a certificate of use be issued, which we quite frankly believe the City must issue under the statute, unless the Commission has taken some sort of action to prohibit dispensaries, which the Florida Statute allows and calls for. It simply, says in the portion of Judge Moore's opinion, which begins on page 10 or the bottom of page 10 of his order, it says it's not impossible for the City to comply with the requirements of the Controlled Substance Act and Florida law, because Florida law affords the City the option to ban medical marijuana dispensaries. So, the City has the option to do it. It has not done that. And by not having done that, the City is obligated to issue the certificate of use, which is all that we've asked at this point is that the certificate of use be issued. This matter was heard by the appeals board. The appeals board agreed with us. We're asking that the City then appeal that. We're asking you to deny the City's appeal and ask or order the City to issue us our certificate of use. Commissioner Reyes: Madam Chair. Chair King: Well, hold on a second. For clarification, because we use a lot language here that's conclusorv. We are not obligated -- Commissioner Reyes: Absolutely. Chair King: -- but it's within our purview. Commissioner Diaz de la Portilla: Correct. Commissioner Reyes: Absolutely. Chair King: So, we're not obligated. Commissioner Diaz de la Portilla: Correct. Chair King: But I just want to make that clear. I did read it so -- Commissioner Reyes: Thank you. of Chair King: -- I don't need to -- I don't need a refresher on it because I read the order, I know what's going on. I think I've made it clear what my position is early on. And I have said that I believe that the City -- it's not this body, but I think the position that the City is taking is on the wrong side of this. And it -- I -- it's happening. It's in the Constitution that medical marijuana is permissible in the state of Florida. So, I have heard everything that 1 need to hear. Is there anything else that this body needs? Madam City Attorney, do we need to do anything else to comply, with the hearing criteria for us to take action? City of Miami Page 94 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Ms. Mendez: Maybe it would be to ask if they even have a medical marijuana license granted to them by the state, which they don 't. But other than that -- Commissioner Russell: Madam Chair? Chair King: Okay. So -- Commissioner Reyes: Madam Chair? Chair King: -- Commissioner Russell. Commissioner Russell: This would be more a question for the Zoning Administrator then. If the applicant -- the applicant for the use isn't necessarily the tenant who may or may not have the license, the applicant for the use is the owner of the land. Isn't that correct? Mr. Goldberg: For certificate of use, it can be the owner of the land, but it can also be the tenant. Commissioner Russell: So -- Mr. Goldberg.: It can be issued in the tenant's name. Commissioner Russell: The fact that the owner of the land does not have a license does not preclude them from applying for this use. Mr. Goldberg: Frankly, we never got that far on the analysis. Commissioner Russell: We never contemplated it. Mr. Goldberg: That's -- there are certain uses where we require that you show your license in the state, DBPR (Department of Business and Professional Regulation) licenses for hotels and multifamily, and so on, but we never -- frankly, we never got that far in the process. Commissioner Russell: Thank you. Commissioner Reyes: Madam Chair? Mr. Neiman: Commissioner Russell, it's no different than a restaurant wanting to open a -- Commissioner Reyes: No, it is different than a restaurant. Come on, come on. Mr. Neiman: But not having a chef figuring out who the chef is going to be. Commissioner Reyes: You have negative effect, man. Come on. Chair King: Commissioner Reyes. Commissioner Reyes: Yes, I have a question. If this appeal is denied and we provide this gentleman with a CO (Certificate of Occupancy) for opening up two stores, doesn't that open the doors to anybody that comes and applies for a CO to be granted a CO? And maybe they can place one at -- because we don't have in place -- at this time, we don't have in place regulations, City regulations, for example, how far are they going to be from school according to our standards, you see? How many there could be in a block? How many there can be and what places they can operate from? City of Miami Page 95 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 This is just -- we are just blanket -- we're blanketing the permission for them, and you know how it is. They are going to be all over, and this is -- all of this -- I mean, wherever you go that it is permitted, you see people smoking pot in the streets. You see them smoking. And I am very concerned about if we don 't regulate what they could sell, just as a pharmacy, you see. If we don't regulate the operation, what they can sell, and what it is required, not that certificate that Mr. Russell holds. No, not that, because that you can buy on the internet, you see. If it is medical marijuana, it needs a medical prescription. I mean, this is -- those are my concerns. And more than that, you see, if you follow all the news, how many children have been sick because they have gotten hold of their parents' gummies, and they have eaten them, and they are sick. So, this is not, oh, okay, this is just open it up, let them sell whatever they want, and whoever can buy on the internet that little certificate, they can walk in there and buy whatever it is. 1 mean, what happened to the degree of (UNINTELLIGIBLE) that's going to be? 1 mean, what are they going to sell? What can they sell? We have - - before we grant the CO, if we are obliged by the law that we have to grant the CO, we have to -- before we do that, we have to have restrictions and clarify what could be done and what cannot be done. You see, otherwise we are giving just freedom to do whatever they want, like in all the areas of the United States. And that's what don't want in my city, okay. Commissioner Russell: Madam Chair? Ms. Mendez: Right now -- Commissioner Russell: Thank you very much. Chair King: Commissioner, wait. I think hear our Vice Chair. Vice Chair, would you like to chime in? Vice Chair Carollo: Yes, Madam Chair, thank you. I'm of the opinion that before we move forward in voting on this, we need to establish our ordinance that will establish what are the procedures, the guidelines for someone to open up such an establishment. Otherwise, I think we're kind of making this into a sort of Cheech and Chong free for all. Commissioner Reyes: Yeah. Vice Chair Carollo: And I will tell you that in my district, along 8th Street, I'm seeing more and more, where it's almost (UNINTELLIGIBLE), sometimes you get two, on 8th Street in particular, of these smoke shops. And I guarantee you that they're all going to become medical marijuana clinics if we pass this. So, we need to establish the guidelines -- Commissioner Reyes: Yeah. Vice Chair Carollo: -- before we move forward in this -- Commissioner Reyes: I agree. Vice Chair Carollo: -- so that it's extremely clear where people can open up, where they can't, and many of the other points that we should establish in an ordinance. That's my opinion on this and (UNINTELLIGIBLE) I know that we have a majority in the Commission that will approve this. The only thing that I'm asking is that it's done in an orderly process that protects our residents in the best way that we can in moving forward. Commissioner Russell: Madam Chair? City of Miami Page 96 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Chair King: Commissioner Russell. Commissioner Russell: Thank you very much. In order to preserve the quasi-judicial nature of our decision, I'm not going to editorialize on the benefits of medical marijuana or how I feel about it. We do have a need to create an ordinance. And whether or not all of us agree on whether or not this is a proper use in our city, I do hear a will to regulate the facilities if this does go through. I believe our job here today is to simply address the application before us under our code, under state law. And for that reason, 1 believe that the state constitution is clear that we had the right to ban this use in our city and we have not done that. They have applied in earnest under lack of that ban and 1 believe therefore we should grant their certificate of use. Therefore, my motion would be to deny, with due respect, the appeal of the Zoning Administrator, therefore, granting or siding with the PZAB decision to allow the certificate of use. Chair King: Commissioner? Commissioner Diaz de la Portilla: I'm going to second that motion. Chair King: Well, I -- Commissioner Diaz de la Portilla: With the understanding that we are going to address the issue, because Commissioner Reyes and Commissioner Carollo are correct, that we have to have a policy so we don't have a proliferation of these dispensaries throughout our city on a moving forward basis. So, 1 would ask you, Madam Chair, that we come up with some kind of -- maybe you can introduce it yourself sort of an idea of how we're going to be regulating these dispensaries on a moving forward basis. But the motion that Commissioner Russell is making today makes sense to me. It's been through the hopper, through the hoops, and it's time to move on with this particular applicant. Commissioner Reyes: Madam Chair -- Chair King: Commissioner Reyes. Commissioner Reyes: -- I stand and I don't think that we can place the cart before the horse. I think that we should go step by step if we are going to decide that we are going to regulate it and grant COs for some stores. And we have to very much have all the T's, crossed, and the I's dotted. And at this time, what we're doing is we're granting this today, a couple of stores that they could do whatever they want. And I will vote against that motion. Ms. Mendez: I wanted to clarify it's one CU at this location, one. That is what -- what we're here for because somebody said two or -- Commissioner Reyes: Oh, it doesn't matter if it is one, two, or three, or four. Ms. Mendez: Right, well without -- yeah, without legislation. Commissioner Reyes: Okay, so call the roll. Commissioner Diaz de la Portilla: Call the roll. Chair King: There is a motion and a second. Todd, do a roll call. Todd B. Hannon (City Clerk): Understood. Roll call on Item PZ.3. City of Miami Page 97 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Mr. Hannon: Commissioner Reyes? Commissioner Reyes: No. Mr. Hannon: Commissioner Carollo? Vice Chair Carollo: No, for the reasons that I indicated. I feel that we needed to establish an ordinance -- Commissioner Reyes: That's right. Vice Chair Carollo: -- before we would take this vote. Mr. Hannon: Understood. Commissioner Diaz de la Portilla? Commissioner Diaz de la Portilla: Yes. Mr. Hannon: Commissioner Russell? Commissioner Russell: Yes. Mr. Hannon: Chair King? Chair King: Yes. Mr. Hannon: The motion passes 3-2. Commissioner Reyes: Okay. Ms. Mendez: Will you be -- Commissioner Reyes: Hallelujah. Ms. Mendez: -- withdrawing your lawsuit? Commissioner Reyes: I'm leaving on that vote. Ms. Mendez.: Will you be withdrawing your lawsuit? Mr. Neiman: We'll get back to your office today on that issue. Ms. Mendez: Okay. Mr. Neiman: Thank you very much. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 98 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 FL.1 11930 Department of Building FL - FUTURE LEGISLATION ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE VI/SECTION 101 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "UNSAFE STRUCTURES," TO PROVIDE CERTAIN RESIDENTIAL BUILDING OWNERS' AN OBLIGATION WHEN A RESIDENTIAL BUILDING, APARTMENT OR CONDOMINIUM, IS DEEMED UNSAFE, TO BE REQUIRED TO HOUSE AND PAY FOR REASONABLE RELOCATION COSTS OF DISPLACED RESIDENTS AND ALSO PROVIDING THAT SHOULD THE OWNER FAIL PROVIDE SUFFICIENT HOUSING, REIMBURSEMENT TO THE CITY OF MIAMI, FLORIDA BY OWNER FOR ANY RELOCATION COSTS PAID BY THE CITY OF MIAMI, FLORIDA; PROVIDING FOR PLACEMENT OF LIEN ON OWNER'S PROPERTY FOR ANY UNREIMBURSED RELOCATION EXPENSES INCURRED BY THE CITY OF MIAMI, FLORIDA; AND TO AMEND NOTICE PROVISIONS AND ENLARGEMENT OF TIME FOR COMPLIANCE AFTER NOTICE OF VIOLATION AND TO CLARIFY ENFORCEMENT OPTIONS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. rRESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 99 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 NA.1 11966 City Commission NA - NON -AGENDA ITEM(S) ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION NAMING THE PARCEL OF LAND CONSISTING OF APPROXIMATELY 366,121 SQUARE FEET LOCATED AT 2201 NORTHWEST 11TH STREET, MIAMI, FLORIDA AS "RONALD W. REAGAN PARK"; AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION/IN GENERAL", BY CREATING SECTION 38-31, TITLED "NAMING OF RONALD W. REAGAN PARK"; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE NAMING OF THE PARK; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Victoria Mendez (City Attorney): Chair, so a couple of things. 1 believe the -- Commissioner Carollo is supposed to come in. Have we --? Art Noriega (City Manager): We have it set up for him. We can figure out where he is, the status. Chair King: Is he on? Mr. Noriega: I don't know if he's on yet. Ms. Mendez: Okay, and then the other thing is apparently we have a few pockets, so do we want to bring that up? Chair King: Let's address the pocket items now while we wait to make sure that Commissioner Carollo is -- joins the meeting. Commissioner Reyes: Okay. Ms. Mendez,: Okay. I -- let me -- one moment. We have a District 1 pocket item that has to do with renaming the Fern Isle Park to Ronald W. Reagan Park. That would be a first reading pocket ordinance on first reading today, and then it would come back for second reading in the future. So, I would have to read that title if you want me to read it now. Chair King: Please. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: So, that's one pocket. Todd B. Hannon (City Clerk): And my apologies, Madam City Attorney. Chair, can we identify that as PI.1 ? City of Miami Page 100 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Chair King: P1.1, yes, will be now identified as P1.1. Commissioner Reyes: Okay. [Later...] Chair King: Okay, we have the budget report. Commissioner Diaz de la Portilla: Before the budget report, 1 have a pocket item to name one of my parks in my district. I think, has that been put in the -- Commissioner Reyes: It's already included. Victoria Mendez (City Attorney): Right, so we -- Chair King: Yes, we've already read that into the record. Ms. Mendez: -- read it into the record, but we haven 't done any of the pockets yet. Commissioner Diaz de la Portilla: Okay, are we going to do the pockets? Chair King: Do you want to --? Commissioner Reyes: Let's do the pockets. Commissioner Diaz de la Portilla: Let's do the pockets, get them out of the way. Chair King: Pocket Item -- Commissioner Diaz de la Portilla: Yeah. Commissioner Reyes: Yeah. Chair King: -- PH 1 -- Commissioner Russell: PI.1. Chair King: -- I mean, Pocket -- Commissioner Diaz de la Portilla: Yeah. Chair King.: -- 1. Todd B. Hannon (City Clerk): Yes, PI (Pocket Item) -- Commissioner Diaz de la Portilla: PI. Mr. Hannon: -- Papa India Dot One. Chair King: And PL2. Commissioner Diaz de la Portilla: Yes, so -- Chair King: May I have a motion? Commissioner Reyes: I move it. City of Miami Page 101 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 NA.2 11967 City Commission Commissioner Diaz de la Portilla: So moved. Chair King: Second? Vice Chair Carollo: Moved. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: The pocket items passed. Okay. Commissioner Russell: For the Gipper. Commissioner Diaz de la Portilla: One for the Gipper, Ronald W. Raegan Park. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO OBJECTION AND SUPPORTING THE CO -DESIGNATION BY THE FLORIDA LEGISLATURE, PURSUANT TO SENATE BILL 160, DESIGNATING THAT PORTION OF STATE ROAD 953/NORTHWEST 42ND AVENUE/LE JEUNE ROAD BETWEEN NORTHWEST 11TH STREET AND NORTHWEST 14TH STREET, MIAMI, FLORIDA, AS "OSWALDO PAYA WAY"; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX, FOR SIGN INSTALLATION WITHIN THE NEWLY DESIGNATED ROADWAY. ENACTMENT NUMBER: R-22-0179 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For additional minutes referencing Item Number NA.2, please see Item Number NA.1. Victoria Mendez (City Attorney): Then there is a second pocket that is sponsored by District 1 and co -sponsored by District 2. And that has to do with the declaring of no objection and supporting the co -designation by the Florida Legislature of designating a portion of 953 Northwest 42nd Avenue Le Jeune Road between Northwest 11 th Street and Northwest 14th Street as Osvaldo Paya Way. And that would be called -- Todd B. Hannon (City Clerk): PL2. Ms. Mendez: And then I believe the Mayor's Office is still working on a pocket item at this time. So, they'll be bringing that forward shortly. So, that would be PI -- Mr. Hannon: Once it's introduced, we'll go ahead and give it the designation. Ms. Mendez: Okay, perfect. City of Miami Page 102 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 NA.3 11974 City Commission DISCUSSION ITEM DISCUSSION REGARDING SCHEDULING OF THE FIRST BUDGET HEARING ON SATURDAY, SEPTEMBER 10, 2022 AT 10:00 A.M. RESULT: DISCUSSED Chair King: Wait, Victoria said he had another one? Victoria Mendez (City Attorney): Unless I missed it, Madam Chair, that you wanted to talk with the full commission about budget hearings. Chair King: Yes. Right, it's a pocket discussion item. I'd like to set the schedule for our budget hearings, and I'd like to have the first budget hearing on a Saturday, if that's okay with my colleagues. And if not, I'm -- the will of the body. Commissioner Diaz de la Portilla: This Saturday? Chair King: No, no, no, in September. Commissioner Diaz de la Portilla: Okay. Chair King: In September, at least the first one to open it more. So, I just wanted to get the feeling. Commissioner Diaz de la Portilla: I agree with that. Commissioner Reyes: Well, I think, well, if any, 1 mean, if all Commissioners, they have not -- because 1 know that they are -- commissioners that they travel, or that I myself I want to go someplace. As long as -- Chair King: In September. Commissioner Reyes: -- as long as we know it ahead of time, quite ahead of time -- Chair King: Absolutely. Commissioner Reyes: -- yeah, and Saturday will provide the opportunity for the residents that work just to be present. Chair King: That's what I'm trying to accomplish. Commissioner Reyes: You see, I mean, I.. Chair King: We do have it after 5, but it becomes a long process. Commissioner Reyes: A long process, that's right. Chair King: So, at least the first one, if we can schedule it for the date. I know it 's required to be a date after 5 o'clock, but it's at any time after that, correct, Madam City Attorney? Commissioner Reyes: That would be in September, right? Ms. Mendez: Right. I need to -- Chair King: Right, September. City of Miami Page 103 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Commissioner Reyes: That's right. Ms. Mendez: -- defer to the budget office for that nuance because we've -- I've never done it on a Saturday so I'm not aware of that (UNINTELLIGIBLE). Marie Gouin (Director, Budget): Monday through Friday, it's after 5. On Saturday, you can have it at any time. Commissioner Diaz de la Portilla: Okay. Chair King: Okay. Ms. Gouin: But you cannot have it on a Sunday. Chair King: I don't want to have it on a Sunday. Ms. Gouin: Okay. Commissioner Reyes: No, Sunday (UNINTELLIGIBLE). Ms. Mendez: What is the date -- Commissioner Diaz de la Portilla: So, why can't you -- Ms. Mendez: -- that we're looking at? Commissioner Diaz de la Portilla: -- have it on a Sunday? Ms. Gouin: That would be September 10th. Commissioner Diaz de la Portilla: I'm just curious. Ms. Mendez: September loth? Commissioner Diaz de la Portilla: Why can't we do it Sunday. Art Noriega (City Manager): September 10th -- Chair King.: Yes. Mr. Noriega: -- is the target date. Ms. Gouin: That's the target, yeah. Chair King: September loth? Ms. Gouin: Yeah, because it was supposed to be on the 8th, on that Thursday, and we cannot have it because the School Board is having their meeting that day, so we'd have to move -- if you're moving it to Saturday, it has to be on the loth. Chair King: Okay. September 10th, on Saturday. Commissioner Diaz de la Portilla: Okay. City of Miami Page 104 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Commissioner Reyes: Oh, if you or anybody --1 was thinking about traveling at the end of August, so 1'd have to know that -- September 10, 1 have to --1 know that I'd have to be back by that day, okay. Commissioner Diaz de la Portilla: Where are you going? Commissioner Reyes: Well, I haven't decided yet and -- but I've got to get out of here. Commissioner Diaz de la Portilla: Ditto, ditto. Ms. Mendez: When would the second one be then? Ms. Gouin: The second one is the next -- Mr. Noriega: 22nd. Ms. Gouin: -- it would be the 22nd. We just -- Mr. Noriega: Normal -- like we normally would do. Ms. Gouin: Yeah, the regular Commission meeting. Chair King: Yes. Mr. Noriega: She just wants the first one on a Saturday. Ms. Mendez: All right, I just -- I needed some clar -- Chair King: So, if we can agree on a time, 9, 10? Commissioner Diaz de la Portilla: 10. Commissioner Reyes: 10. Chair King: 10. Commissioner Reyes: 10 is -- Chair King: 10? Commissioner Reyes: -- 10 is nice. Chair King: Vice Chair? Vice Chair Carollo: I'm fine. Chair King: Okay, so our first budget hearing will be on September I0th at 10 a.m. Ms. Gouin: Okay, thank you. Chair King: Thank you. Commissioner Reyes: Thank you, ma'am. Okay, 10 at 10. City of Miami Page 105 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 NA.4 DISCUSSION ITEM 11975 DISCUSSION REGARDING THE COCONUT GROVE PLAYHOUSE City Commission APPEAL. RESULT: DISCUSSED Commissioner Reyes: Oh, my pocket item, please. I think that it passed already, right? Art Noriega (City Manager): Yeah, I think we have another. Chair King: Did we address --? Mr. Noriega: I think we have one more pocket item. Commissioner Reyes: 1 -- Chair King: One more pocket item. Commissioner Reyes: That is the Mayor's pocket item. Commissioner Russell: And boards and committees. Commissioner Reyes: That's going to take a long time. I'm sorry. I have to go because they are waiting for me. I said it before. After lunch, if we come back, I'm more than glad to take them. Commissioner Dias de la Portilla: Well -- Commissioner Reyes: But if not, I will ask -- will ask that let's -- I mean, let's defer to next Commission meeting. It's not going to affect anything. I know what he wants, but it's not going to affect anything. So, if we can hear this and argue this next week -- I mean, in a couple of weeks, it won't affect anything. Eddy Leal (Counsel to the Mayor): Eddy Leal, for the Mayor's Office. Commissioner, it will because we're in a limited time crunch in terms of the appellate rules provide a 15-day deadline in order to file what we're asking, which is a motion for a hearing at the Third DCA (District Court of Appeal). Commissioner Reyes: Okay, could you please --? Because I know what the motion is, I mean, what are you appealing? Mr. Leal: So, right now, Commissioner, there was a decision that -- Commissioner Reyes: Yes, I know. Mr. Leal: -- affirmed the circuit court appeal, and as part of that decision, there was a robust dissent by Judge Gordo. In that opinion, in that section, I know that we 've been reading different sections and I took the liberty to look at one of the areas and it says, quasi-judicial makers who are alleged to have received unsolicited ex parte communications for the first time on appeal will have their decision quashed without any opportunity to demonstrate, one, actual receipt of the unsolicited communication, and two, an opportunity to refute the alleged unsolicited communication bore no impact on their decision even when a court finds the decision was supported by competent and substantial evidence. The ramifications of this decision are perhaps bigger than the underlying issue in terms of the benefits or the lack of benefits on the project. For example, we just went through a quasi-judicial decision, and it could City of Miami Page 106 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 potentially, depending how this decision is interpreted, that if you have received emails or haven't received emails before your decision, it could potentially hamper your ability to exercise your constitutional authority. So -- Commissioner Reyes: One second, one second. One simple question. Mr. Leal: Yes. Commissioner Reyes: Are we appealing the decision about the veto or just the Jennings part of it? If you divide that, if you bifiircate, because if we are going to go - - I agree with you that we have to appeal the Jennings, the Jennings part of it because it could affect us. But if we are going to include again, you see, the veto and the right of the Mayor to veto, there are two courts that have said that no, so I don 't want to waste time on that. What 1 want to do is to appeal the Jennings part of it because that really could affect us. Mr. Leal: So -- Commissioner Reyes: Is that what you're going to present? Mr. Leal: The answer to your question is yes. Commissioner Reyes: Just the veto, okay -- just the Jennings. Mr. Leal: Yes, that's what we're doing. Commissioner Reyes: Good. I vote for that. Victoria Mendez (City Attorney): But apparently, my team feels that because it's inextricably intertwined, we can't parse that out. I'm of a different opinion, but 1 think that when you -- if we appeal it or ask for an en bane decision review, the -- it's the whole -- it's going to be the whole thing. Commissioner Reyes: With -- I mean, in all honesty, you see, that was decided, you see, the veto was decided by two courts. I don't want to be beating that dead horse anymore, you see. Because I mean, I don't know why, what the tensions are, maybe it's personal. I don't know. I don 't know. Now, I'm concerned about the Jennings part. Can we -- can we later on have asked for the court to decide that in the Jennings part, how can we divide that? Because if we are going to go again against the veto, let me tell you, most probably, most probably we're going to get the same results. And what's going to happen, it is going to delay the project, it is going to more time expend, more money, that we have to dish out for attorneys and all of that when we're trying to change a court decision to -- I mean, maybe to please our ego, you see, or his -- or the Mayor's ego, whatever. I mean -- Mr. Leal: Commissioner. Commissioner Reyes: -- Tin not here for games. What I'm here is for really doing what has to be done. And my only concern is the Jennings. Mr. Leal: Commissioner, and this decision, the authority to exercise the veto hasn 't been -- hasn't been questioned. I think -- I know we've talked about this in the past where we've had different decisions from -- in different matters. In this one, I can assure you that the authority to exercise was not challenged, it was not questioned, it was properly before. So, that issue is really a non -issue in this particular case. So, what we're looking for is to analyze and to focus and get further clarity on the Jennings issue. I think what you might remember is that there are other cases where City of Miami Page 107 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 the ability to veto or not veto has been discussed and some courts have opined that it is favorable, hut in this case, and obviously, we have -- the City Attorney is here -- in this case, the ability to the Mayor to veto hasn't been challenged because it was always considered a quasi-judicial decision and it was recognized as such. There was discussions and different appeals regarding the way that you review that decision, but it was never questioned whether you can in fact appeal -- you can veto a decision. So, there was two different analyses that was being done. So, I know we're getting into the nuance, but you 're asking an important question and I wanted to answer your question completely. And it has nothing to do with the ability to veto. It has everything to do with the ability to receive correspondence on an unsolicited basis, which is what 1 read from the opinion verbatim. And Mr. Greco, 1 'ni sure, hopefully agrees with my recollection of the case. John Greco (Chief Deputy City Attorney): If I may, Madam Chair, Commissioner, so the reason why -- yes, I do agree, this doesn 't involve the authority to veto because the Charter says the -- that the Mayor may veto quasi-judicial decisions, and this was a quasi-judicial decision. Commissioner Reyes: Okay. Mr. Greco: The Jennings issue was whether or not the Mayor's -- emails that were sent to the Mayor during the veto period constituted a Jennings violation because the Commission -- Commissioner Reyes: Okay. Mr. Greco: -- because decision makers, Commission, cannot have ex parte communications during the quasi-judicial process. To the bifurcation issue, the reason why you can't just separate out the Jennings issue is because the case turned on whether -- if Jennings was violated, then the veto was invalid, and that means the Commission's decision to grant the Certificate of Appropriateness stands. If we were to take this motion for rehearing to the court and prevail, then it would -- the project would be invalid, right, because there 's no COA (Certificate of Appropriateness). So, you can't really separate out the Jennings issue. So, that's what we mean with respect to the fact that you cannot bifurcate the Jennings issue from the rest of the case. If it turns on the Jennings issue, if the City's', the argument that was made was correct, then the COA does not get issued, the Certificate of Appropriateness. If as the court has held as we stand here today, that the Jennings was violated, then the Commission's original decision stands, the veto is invalid, and that's where we are right now. So, that's why you can't really bifurcate an issue out in this instance. Chair King: Wait, wait. Mr. Leal: Of course. Chair King: Legal stuff. Let the court decide if we can bifurcate it or not because -- Commissioner Reyes: Absolutely. Chair King: -- you have three attorneys on this side, they say one thing, three attorneys on this side say another thing and two attorneys over there say something else. Commissioner Diaz de la Portilla: Correct. Chair King: We don't have to decide that. It's not our job to decide it. We can let the judge tell us, you can't bifurcate it, and they throw it out. And if we can, they hear it. City of Miami Page 108 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 Commissioner Reyes: Okay. Chair King: Commissioner Russell. Commissioner Russell: Thank you, Madam Chair. The heart of this is that the Mayor's vision is to preserve the Playhouse. Of course, you have a state-owned property leased to the County, historically designated by the City, what could go wrong? And here we are, round and round for years. The Mayor's veto was an intent to try to preserve the Playhouse. Commissioner Reyes: But that's not what we're asking. Commissioner Russell.• Now, that -- what's before us, however, will not get clarified. There's so many intertwined decisions we have to make, but by supporting the Mayor in this effort, one, we preserve our right to hear from our residents on Jennings - related issues. Commissioner Reyes: Absolutely. Commissioner Russell: Just a moment, just a moment. Commissioner Reyes: That's what I'm saying. Commissioner Russell: But that, and if we prevail, we continue to give the Mayor the leverage to negotiate with the County a suitable solution. Because the last correspondence we received from the County was Commissioner Raquel Regalado offering us, basically, make a decision what you want to do as a city, because this lawsuit is just hovering over and stalling everything. Commissioner Reyes: It is. Commissioner Russell: If -- if we have more leverage within this decision, the Mayor will have more strength to help get his vision accomplished with the County. They will then withdraw the lawsuit if they come to agreements and this will all be moot because I do not want to risk and lose our ability to confer with our residents on issues. As long as we are able to maintain an unbiased position -- Commissioner Reyes: Okay. Commissioner Russell: -- and vote with clear mind, I still want to be able to hear from our residents -- Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Russell: -- through communication. Commissioner Reyes: You are not there yet. Commissioner Russell: So, for that I'd like to support the Mayor in this effort. Commissioner Reyes: Okay, okay. Chair King: Hold on a second. Commissioner Reyes: I want -- City of Miami Page 109 Printed on 06/04/2024 City Commission Meeting Minutes May 12, 2022 ADJOURNMENT Commissioner Diaz de la Portilla: Well -- Chair King: Hold on. Commissioner Diaz de la Portilla: It's not a question. It's supporting the -- Chair King: Hold on one second. Vice Chair, would you like to chime in? Vice Chair Carollo: Thank you, Madam Chair. My only concern is that I don 't want to end up losing the monies, and by that, I mean millions of dollars, that are there now Jrothis project. And 1 don't know how that could be explained to me. I don't know how much more time we have before we lose it. And then everybody loses because we won't have the money to rebuild any kind of Playhouse, any kind of project there. Commissioner Diaz de la Portilla: I think, if I may, I think Mr. Leal is going to withdraw the item. Mr. Leal: Commissioner, with your permission, we'11 withdraw the item. Chair King: Okay. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Thank you, Mr. Leal. Mr. Leal: Thankyou. Commissioner Diaz de la Portilla: Appreciate it. Thankyou. Commissioner Reyes: Thankyou, Mr. Leal. Commissioner Diaz de la Portilla: For further discussion. Mr. Leal: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: For further discussion (UNINTELLIGIBLE). The meeting adjourned at 11: 34 a.m. City of Miami Page 110 Printed on 06/04/2024