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HomeMy WebLinkAboutCC 2020-03-12 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, March 12, 2020 9:00 AM City Commission Meeting City Hall City Commission Francis X. Suarez, Mayor Keon Hardemon, Chair, District Five Ken Russell, Vice Chair, District Two Alex Diaz de la Portilla, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes March 12, 2020 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chair Hardemon, Vice Chair Russell, Commissioner Diaz de la Portilla, Commissioner Carollo and Commissioner Reyes. On the 12th day of March 2020, 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 Chair Hardemon at 9:01 a.m., and adjourned at 12:22 p.m. Note for the Record: Commissioner Reyes entered the Commission chambers at 9:04 a.m., Commissioner Diaz de la Portilla entered the Commission chambers at 9:09 a.m., and Commissioner Carollo entered the Commission chambers at 9:49 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair Hardemon: Welcome to the March 12, 2020 meeting of the City of Miami City Commission in these historic chambers. The members of the City Commission are Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes; Ken Russell, our Vice Chairman; and me, Keon Hardemon, the Chair. Also on the dais is Mr. Arthur Noriega, our City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, our City Clerk. The meeting will be opened with a prayer and the pledge of allegiance led by our Vice Chairman. All rise, please. Invocation and pledge of allegiance delivered. PART A - NON -PLANNING AND ZONING ITEM(S) ORDER OF THE DAY Chair Hardemon: We will now make presentations and proclamations. We don't have any? Is there anyone else? We will now begin our regular meeting. The City Attorney will state the procedures to be followed during this meeting. Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. 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 City -related 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 municode.com. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of the City Code section is available at the Office of the City Clerk, or online at municode.com. Pursuant to Section 4(g)(5) of the City Charter, the Mayor may veto certain items approved by the City Commission within 10 calendar days following the Commission action. The City Commission may, after the veto occurs, override such veto by a four -fifths vote of the Commission then present. The material for each item on the agenda is available during business hours at the City Clerk's Office, and online 24 hours a day at miamigov.com. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period, or at any other designated time. When addressing the City Commission, the City of Miami Page 1 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 member of the public must first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office and at the podium for ease of reference. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications, or viewed online at miamigov. com. No cell phones or other noise -making devices are permitted in the Commission chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outburst in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in the Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notes the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of the deliberation of the agenda item being considered at 10 p.m., or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by the City staff and the City Attorney on items on the agenda today. PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance. Before any PZ item is heard, all those wishing to speak must be sworn in by the City Clerk. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice pursuant to Florida Statute Section 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Code. Staff will then briefly present each item to be heard. For applications requiring the City Commission approval, the applicant will then present its application request to the City Commission. If the applicant agrees with staffs recommendation, the City Commission may proceed to its deliberation decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of presentations shall be as set forth in Miami 21 and the City Code providing that the appellant shall present first. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendations they may have. City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action pursuant to Section 2-8 of the City Code. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. If any Commissioner thinks that documents supplied to the Commission less than seven days before merit a continuance, the item may be continued by the City Commission. At this time, the Administration will announce which items, if any, will be withdrawn, deferred or substituted. Thank you, Mr. Chairman. Chair Hardemon: Mr. Noriega, I stumbled over your name a little bit, because I've never heard "Arthur." I always heard "Art." Arthur Noriega (City Manager): I prefer "Art." Good morning, Mr. Chairman, Mr. Vice Chair, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: Off the regular agenda, to be deferred to April 23, PH.3, which is the -- approve the right-of-way access for Illumination Technologies; to be deferred to April 9, RE.9, which is authorize access through the St. Louis RFP (Request for Proposals) information and emergency kiosks as a piggyback; to be withdrawn, RE.12, which is to acquire property at 1221 Southwest 14th Street; to be indefinitely deferred, RE.13, which is fixing and establishing the compensation for Mayor; to be deferred, SR. 1, which is amending the Code for Art in Public Places, Phase II,• to be indefinitely deferred, SR.S, legislation involving the establishment and/or cessation of a policy sponsored by the City Manager; to be indefinitely deferred, DI.1, which is a discussion on the outside employment of the Mayor; to be indefinitely deferred, DI2, which is a discussion regarding hundreds of thousands of dollars being spent on the personal security of the Mayor; and to be indefinitely deferred, DI3, which is a discussion regarding hundreds of thousands of dollars being spent on the legal costs for representing Commissioner Joe Carollo. On the PZ agenda, to be deferred, PZ.3, which is zoning text, Art in Public Places, Phase II; to be deferred to April 9, PZ. 6, which City of Miami Page 2 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 is the mural decision appeal, the relocation at 78 Northwest 37th Street; to be deferred to April 9, PZ.7, which is the mural decision appeal qualified applicant status; and to be deferred to April 9, PZ.8, which is the mural decision appeal relocation to 70 Northwest 37th Street; and to be deferred, PZ.9, which is the zoning text for marinas in CS, Civic Space. Next meeting, March 26, 2020, there are currently approximately 20 items scheduled for this meeting. In 30 days, April 9; 60 days, May 14; and 90 days, June 11; indefinite deferral, September 10, 2020. Commissioner Reyes: Could you come again? Are you deferring marinas -- zoning text marinas? Mr. Noriega: Yes, PZ.9. Commissioner Reyes: PZ.9. Todd B. Hannon (City Clerk): Chair, my apologies. PZ.9 is being deferred to what date? Mr. Noriega: There is no date. Mr. Hannon: So indefinite deferral? Chair Hardemon: Indefinite deferral. Mr. Noriega: Yeah. Chair Hardemon: Oh, he said -- yeah, he had it as a -- Mr. Hannon: Then Chair, PZ.3, there was a deferral. I didn't have a date. Mayor Francis Suarez: Indefinite. Mr. Noriega: Indefinite. Mr. Hannon: PZ.3, indefinite deferral. And SR.1, there was a deferral, but I did not have a date. Mr. Noriega: Say again, sorry. Mr. Hannon: SR.1, I heard that it was to be deferred, butt didn't have a date. Mr. Noriega: That's also indefinitely deferred. Mr. Hannon: Indefinitely deferred. Thank you. Commissioner Reyes: Mr. Manager, why is PZ.9 deferred? Where is (INAUDIBLE)? Mr. Noriega: Give us one second. Commissioner Reyes: Okay. And it was agreed when we met, because I want to hear the reason for the deferral. Mayor Suarez: There's a no -- I think there's a notice issue, Commissioner. Commissioner Reyes: Hmm? Mayor Suarez: There's a notice issue. It can be deferred to the next meeting. Mr. Noriega: Yeah. Then we'll change that to defer to the next meeting. City of Miami Page 3 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Mayor Suarez: The next meeting. Mr. Noriega: It was a notice issue. Commissioner Reyes: Oh, okay, okay. Mayor Suarez: Apologies. Commissioner Reyes: Okay, that's right. Mr. Hannon: I'm sorry, Chair. What item? Chair Hardemon: That was PH (Public Hearing) -- Mayor Suarez: PZ.9; it's just a one -meeting deferral. Commissioner Reyes: That's right. Mayor Suarez: There was a notice defect. Commissioner Reyes: Instead of indefinitely -- Mayor Suarez: (INAUDIBLE). Mr. Hannon: So PZ.9 -- Commissioner Reyes: That was my question. Mr. Noriega: Well, wait, wait. I just got new information. So it did go to PZAB (Planning, Zoning and Appeals Board), which was the issue, so it now has gone, so we can take up PZ.9, so I'll withdraw that deferral. Commissioner Reyes: Okay, okay. Thank you, sir. Chair Hardemon: Are there any -- Vice Chair Russell: Mr. Chairman. Chair Hardemon: Yes. You're recognized, sir. Vice Chair Russell: So on that one, PZ.9, even though it did go to Planning, Zoning and Appeals Board, in our agenda, it says -- it states the insufficiency of having gone to the boards. Does that matter for notice or are we okay, Madam City Attorney? It did go to PZAB, but in our printed agenda that the public has access to, it shows that it did not, so there may be an assumption that it was going to be deferred. Are we okay? Victoria Mendez (City Attorney): Yeah, we're okay. Vice Chair Russell: Then I'm fine with it. Mr. Manager, PZ.1 and 2, during briefing there was discussion that that might be requested to be deferred by Administration. That's the Plaza Street rezoning. Commissioner Reyes: That's right. Vice Chair Russell: Oh, and while they're looking that up, Mr. Chairman, are you taking any of our deferrals (INAUDIBLE)? City of Miami Page 4 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Chair Hardemon: Yes. Vice Chair Russell: I'd like to defer FR.3, the scooter conversion from pilot to permanent to the next meeting on the 28th, please, of March. Commissioner Reyes: Was that FR (First Reading)? Vice Chair Russell: FR.3, scooters. Commissioner Reyes: Okay. M. Mendez: Vice Chairman, you were asking about -- Commissioner Reyes: Defer. M. Mendez: -- PZ.1 and 2? Vice Chair Russell: Yes. M. Mendez: Yes. You were correct that there was a notice issue on those. Mr. Noriega: So PZ.1 and 2 will be deferred to the April 9 meeting. That's the request. Commissioner Reyes: PZ.1 and 2. Mr. Noriega: And 2. Commissioner Reyes: Defer and defer. Mr. Hannon: And Chair, my apologies. Vice Chair, I believe you mentioned you wanted to defer FR. 3 to March 28. Actually, the next meeting is March 26. Vice Chair Russell: I thought I said, "26." I apologize. Yes. I don't have my reading glasses. 26th, thank you. Chair Hardemon: Are there any other items that any Commissioners want to defer, withdraw? I have a question, Mr. Manager. RE.9 -- Commissioner Reyes: RE.9. Chair Hardemon: -- we have it for more than a month, the deferral for more than a month. Is there any reason that you needed that long or can we have it sooner, like at the next meeting or so? Mr. Noriega: Yes. Because there is a legislative item further along in the agenda, the enabling legislation needs to be passed first, and then subsequently, that item will be brought back. Commissioner Diaz de la Portilla: Mr. Chairman. Chair Hardemon: You're recognized, sir. Commissioner Diaz de la Portilla: Well, can we pass the legislation subject to approval of the pending legislation? We used to do that in Tallahassee all the time without any problem, so I don't see the need to have to wait. We can do it, we can do it. I think we can. M. Mendez: You obviously can do whatever you want to do. City of Miami Page 5 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Commissioner Diaz de la Portilla: No, no, no, no, no, no. M. Mendez: I don't recommend it. Commissioner Diaz de la Portilla: I'm telling you as a matter of practice in the Florida Legislature, we've -- many times we passed two pieces of legislation; we passed one pending subject to approval of the other one. It's very common practice in parliamentary bodies and legislative bodies. Chair Hardemon: We've done it here, as well. Commissioner Diaz de la Portilla: And of course, you've done it here. It's happened everywhere, so I'm pretty confident that we can do it. And I don't think we need -- if we need a little bit more time since you're a new City Manager to kind of put together the whole program, that's one thing. But do we really need that much time? Mr. Noriega: There are questions related to the piggyback -- right? -- and whether we want to actually negotiate better terms. Commissioner Diaz de la Portilla: Of course. Mr. Noriega: And subsequently, that would change the approval process. So I would request that we continue with the deferral; more particularly, because I think in this particular case, there's dual benefit. One is the issue of negotiating the agreement; the other is getting it to first reading. I feel more comfortable with that. Although, you know, you certainly have the ability to deny the deferral and vote on it now if you'd like. But I would -- Commissioner Diaz de la Portilla: Well, not to deny the deferral. What was the time -- how much time do you need? Mr. Noriega: A month. Commissioner Diaz de la Portilla: But why do you need a month? I mean, is there -- can we do it in the next Commission meeting or maybe the --? Mr. Noriega: I would prefer a month, because -- but then we can also do them parallel. Commissioner Diaz de la Portilla: Okay. Can we do them together then in a month? Mr. Noriega: Right. Commissioner Diaz de la Portilla: Okay. Mayor Suarez: Keep in mind, Commissioner, that if it were only deferred one Commission meeting, it would have to be put on Monday. Commissioner Diaz de la Portilla: On Monday, right. Mayor Suarez: So, really, a Commission meeting only gives you two days -- Commissioner Diaz de la Portilla: Right so we -- Mayor Suarez: -- to negotiate. Commissioner Diaz de la Portilla: -- but we do both items together, right, in a month? City of Miami Page 6 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Mr. Noriega: Yes. Commissioner Diaz de la Portilla: Okay. Chair Hardemon: Help me understand, Madam City Attorney. Also, I was always under the belief that when you have a piggyback, the terms are defined. There's no -- Ms. Mendez: Right. Chair Hardemon: -- better negotiation. M. Mendez: That's why -- we're just trying to confirm that those are the defined terms, you know, with the new City Manager and everything. Mr. Noriega: Yeah. And since I'm two and a half weeks on the job, I wanted to take a second look at this particular agreement. Commissioner Diaz de la Portilla: Well, that was the first thing I said, right, that you're new to the job so to give you some time to do it. But you know, I'll repeat it, because you weren't here when I said it the first time when I first got here. I really like the sense of finality that we need to bring to the City Commission. Let's get things done; let's move on. Let's have the debate, open, full disclosure on everything but let's get it done. So I think 30 days, if we could do it parallel tracks and we do it simultaneously and we pass them or we don't. Mr. Noriega: I wholeheartedly agree. Commissioner Diaz de la Portilla: Thank you. Chair Hardemon: So then to clam it for the record, RE.9 will be deferred until what meeting? So to be clear -- Commissioner Reyes: Mr. City Manager, that will be first meeting in April, right? Mr. Noriega: Yes, sir. Commissioner Reyes: Okay. Chair Hardemon: Okay. Mr. Clerk, did you gather all of that? Is there a motion in accordance with the --? Mr. Noriega: I have -- sorry -- one additional item. Chair Hardemon: Sure. Mr. Noriega: PZ.5, defer to May 14. Chair Hardemon: PZ S? Mr. Noriega: Mm-hmm. Chair Hardemon: Is there a motion in accordance with what's been stated on the record? Is there a motion with what's been --? Vice Chair Russell: So moved. Chair Hardemon: It's been so moved and seconded by the Chair. Is there any discussion? Hearing none, all in favor, say "aye." City of Miami Page 7 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 The Commission (Collectively): Aye. Chair Hardemon: Motion carries. Okay. PUBLIC COMMENT PERIOD FOR ALL ITEM(S) Chair Hardemon: Is there a member of the public that would like to speak at public comment? If you do wish to speak, now is your opportunity to speak and address this body. You can approach any of the two lecterns to the left or to my right. State your first name, your last name; you may state your address, and what item it is that you're concerned about. Once again, this is an opportunity for public comment. You may step to any of the two lecterns, to my left or to my right. State your first name and your last name; you may state your address, and what item it is that you're speaking on. Seeing no persons here for -- okay. You're recognized, ma'am. Casey Dresbach: My name is Casey Dresbach. You need my address, as well? Do you need my address, as well? Chair Hardemon: I don't need it. M. Dresbach: Okay. Good morning, Commissioners. Thank you for the opportunity to comment today. My name is Casey Dresbach, and I'm the outreach associate for Miami Waterkeeper. My address is 2103 Coral Way. I'm here to speak in favor of the fertilizer ordinance up for second reading, Item SR.2. For those who aren't familiar with us, Miami Waterkeeper is a Miami -based nonprofit dedicated to defending and protecting South Florida's watershed through community engagement and advocacy rooted in sound science. As this Commission knows, nutrients from fertilizers, like nitrogen and phosphorus, are often applied in excess to lawns and landscapes, which can eventually run off into water bodies, and may contribute to algae blooms. In 2018, we saw unprecedented impacts from blooms in South Florida, including the first instance of red tide in Miami -Dade County in several decades. Our local municipalities were looked to for solutions. So we did our research and worked with the Office of Resilience to build out the fertilizer ordinance before you all today. What will this ordinance do? Well, it prohibits fertilizer application during the rainy summer months. With heavy rain comes increased runoff into the environment, meaning nutrient -rich fertilizers entering into the near -shore waters of the City. The ordinance also outlines a mandatory fertilizer -free zone which prohibits application within 15 feet of any water body. The ordinance will require zero percent phosphorus fertilizer, and that which is 50 percent slow release nitrogen; the slower the better. I also want to note that Miami Waterkeeper has committed to working with the City on a strategic public outreach and education campaign related to the terms of this ordinance. We have pre -drafted some materials and look forward to working with the Office of Resilience in disseminating those so that the public is aware and in support of this important nutrient reduction effort. Community education is key to the successful implementation of an urban fertilizer ordinance. In sum, I want to thank you for your leadership on this issue and for making public health and the environment a priority for the City. I am a resident of Miami -Dade County myself, and I'm so pleased on a personal note that this Commission is interested in leading the way on these issues. Thank you for your time. Chair Hardemon: Thank you very much. Commissioner Diaz de la Portilla: Thank you. Chair Hardemon: Hello. Christy Costello: Good morning, Mayor, Commissioners. My name is Chris Costello. I spoke to you previously on the urban fertilizer ordinance. I've been involved with these ordinances City of Miami Page 8 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 since 2007, and I commend you for your action that you will take today. I have handed you all out some kind of fun things. Urban fertilizer management can be fun, believe it or not. And in the interest of getting started on implementing your ordinance after your vote today, there are a number of posters that illustrate how you can educate your public in an interesting and fun way. One is from Sarasota County, one is from the Tampa Bay region, and the Sarasota Bay region, and the last one, "Don't Feed the Monster, " is from Lee County. There is an assortment of ways to educate folks on these. The last thing in your packet is a list of the strong fertilizer ordinances in the State. If you pass your ordinance today -- when you pass your ordinance today, you will become the 101 st city to pass a strict urban fertilizer ban -- rainy season ban and so, I commend you. If you or your staff need any information about urban fertilizer ordinances, I am at the ready, as are the members and the supporters of the Sierra Club in this area. Thank you very much. Chair Hardemon: Thank you, ma'am. Hello. Marilyn Rueda: Good morning, fellow Commissioners. Is there something that I can hand out? I only have one copy. Chair Hardemon: Well then, with the one copy, make your statement and then you can pass it to the Clerk and he'll -- Ms. Rueda: Okay, perfect. All right, thank you. Chair Hardemon: Thank you. M. Rueda: I'm sorry. It's my first time. Chair Hardemon: It's okay. M. Rueda: Well, my name's Marilyn Rueda. I reside at 1495 West 3rd Avenue. I'm born and raised in Miami and I'm a licensed addiction counselor for the State of Florida, and I've been very active in the community of Miami -Dade County for the last seven years. So thank you for the opportunity for allowing me to speak before you this morning. I'm not coming before you with any complaints, but rather a simple idea before you to obtain your feedback and perhaps some direction. So I represent Miami Addiction Counseling and the Miami Giveback, both non - profs [sic] that focus on street outreach to impact, empower and build a stronger community. And as you know, substance abuse and mental illness go hand in hand. A lot of unfortunate decisions are a result of substance use, misuse and abuse, and in most cases, mental illness is the result of substance abuse. Homelessness and substance abuse go hand in hand; homelessness and mental illness go hand in hand. Total homeless, 3,700; living on the street without shelter, 1,148. Homelessness has spiked by 16 percent since January 2019 in Miami - Dade County due to mental illness. Mental illness is the leading result of substance abuse. Causes of homelessness: Lack of affordable housing, unemployment, poverty, mental illness, substance abuse. But the last one, which is substance abuse, leads to the first three, which is where the problem lies. And I'm not going to touch on how wages are too low, and rent is too high, and why we have 10,000 homeless children in Miami -Dade County public schools. Now I would like to suggest for us as a community to have an aggressive and more intentional plan in place for this, implement community court, which is called homeless court. In the City of Fort Lauderdale, in Broward County, they've already implemented it with outreach officers that support this cause, and it's been very successful. Their numbers with homelessness are remarkable, and they've shown nothing but improvement. It is a once -a -week resource of all resources available to the homeless population. And the outreach officers for the City of Fort Lauderdale give the homeless a citation, and their needs are addressed in the homeless court at City Hall once a week. I would invite you to check it out at the City Hall in the City of Fort Lauderdale, Wednesdays, at 10 o'clock in the morning. Now I'm not sure how it all works, but I do know that I reached out to Milton Vickers, your Director of Human Services, and although City of Miami Page 9 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 he gave me the opportunity to speak with him, I didn't get anywhere. And I spoke to about 80 homeless people -- I'm sorry. Chair Hardemon: When you say it's in the City of Fort Lauderdale, are you sure that the city, itself is actually holding the court or is it in Broward County, and Broward County has a court? M. Rueda: They both collaborate, but the City of Fort Lauderdale is the one holding it in their City Hall, but the county and the city have united and collaborated to bring it to fruition. Chair Hardemon: And I say that, because we don't have a municipal court in Miami. And so, I can understand why Mr. Vickers in that instance had no response for you. So in Miami -Dade County we have, of course, Miami -Dade County Court. There's some municipalities that have some actual court that they still run; for instance, Miami Beach has one. But the City of Miami has been diligent about spending its resources to help the homeless. I know that it's very difficult in dealing with the homeless in court, because you'd have to get them to come back to court, and then that becomes part of the issue. So in Miami -Dade County, there's a pickle that they're in. They usually deal with homeless when -- if they're arrested for some offense at the time that they have them, because if you let them go, they're most likely not to return to court. And so, you don't -- and you don't want to hold them in jail for a charge that they should be released on. So it's kind of tough. But we invite you to our office to come and speak to us to see if there's any way that we can help you kind of straighten things out. M. Rueda: Okay. Well, whatever system they have in place, it's working and it's held at the City Hall. It has nothing to do with their court. They just call it community court. Chair Hardemon: Okay. M. Rueda: And -- Chair Hardemon: No, we'll take a look at it. So please just stop by my office and leave us some details so that we can make contact with you, and have a meeting with you regarding it. M. Rueda: Can I finish what I had to say? Chair Hardemon: Your time is expired. M. Rueda: Oh. Chair Hardemon: Really but -- Ms. Rueda: I didn't know I had a time. I didn't see a clock with three minutes on there. Chair Hardemon: It's on your -- Ms. Rueda: Oh. I'm so sorry. I had no idea. Chair Hardemon: Yeah. M. Rueda: So then I just have to come back and give you the rest. Chair Hardemon: Just -- you can finish up your statement. M. Rueda: Okay. Oh, sorry, thank you. Well, anyways, Milton Vickers did express that non - profs and ministers and pastors that were not qualified to deal with this type of population and, you know, that's not a very kind thing to say. And I just want to remind you -- and I'm sure you started off this meeting with a prayer -- of what Jesus did and the mission and the movement City of Miami Page 10 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 that he had, and how unsuccessful psychiatrists have been with this type of population with mental illness. And drugs are a growing money -making industry, and we've had a serious outbreak and epidemic with drug possession, and drug sales, and drug use, and mental illness within our very own city, and it's seeped its way into families. And I know that everyone's concerned about the Coronavirus, but we've had a serious epidemic and a serious virus that is hurting so many people. It's a cancer, and it's the drug epidemic that we have in the City of Miami. And more individuals have been influenced for monetary gain in this city. And as a licensed professional of the State and a community advocate, I think that we can all agree that we're here to serve and protect our community. And as the drug industry continues to grow unprotected and hidden under the fear and corruption of local officials with divided interests, more and more lives and dreams continue to be lost, at risk, destroying families, and weakening communities, and costing the government and taxpayers more and more funds. Mental illness, the disability checks, I mean, it's ridiculous. And I think that we really need to work on catching it at the root. And I'll be back to share more information with my three -minute limitation. But thank you so much for the opportunity. Chair Hardemon: You had about five minutes today but that's okay. M. Rueda: Oh, five minutes? Wow, two extra. That's awesome. So I'll be ready for next time but thank you so much. Vice Chair Russell: Mr. Chairman, Mr. Chairman. Chair Hardemon: You're recognized. Vice Chair Russell: Thank you. And just briefly, I appreciate the advocacy, because it is such an important issue. And despite the many gains we've made with regard to the general homeless population, and housing, and working with the shelters, the population of mental illness and drug addiction is certainly the hardest issue to crack. And last year, there was a groundbreaking of Judge Leifman's new facility, the future facility which is going to be in Allapattah. And it's really impressive what will happen there. And my understanding is they will have a court in the facility, and the facility will be specifically for drug -addicted and mental illness homeless population. And so I -- we can't wait for that to come online and really appreciate Judge Lean and the County's advocacy on that. M. Rueda: Yeah, I'm familiar with Judge Leifman. I've reached out to him in several occasions, and I haven't been successful either. And I understand the actual place that he's -- who's actually going to do this? The mental health -- Vice Chair Russell: The County. M. Rueda: -- place? Yeah. And I've reached out to them and I haven't been successful on several occasions, as well. So I really feel that we need to collaborate. And as a licensed addiction counselor and someone who's served the community for seven years consistently with street outreach and this type of population, very hands on, I think that we need to work together. And I love how the Homeless Trust, you know, they have all this, you know -- every -- all their efforts, and with Human Services and now with Judge Leifman, but I think that we need to do a lot, a lot, a lot more, a lot more. Vice Chair Russell: Feel free to come by the District 2 office, as well, and leave your information. M. Rueda: Awesome. Thank you. Chair Hardemon: You're recognized, sir. City of Miami Page 11 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Elvis Cruz: Thank you. Thank you, Mr. Chairman, Commissioners. Elvis Cruz, 631 Northeast 57th Street. And first, I want to welcome the new City Manager. Congratulations, Mr. Noriega. I'm speaking regarding RE.2, 3, 4 and 5. Those are items for new seawalls to be installed at four locations, including Sewell Park and Myers Park. And these will protect these parks from sea level rise and storm surge, and provide resilience. Now you may recall that on January 23rd, I gave a presentation on Morningside Pool and Park. And Commissioner Diaz de la Portilla very astutely asked, "What is the distance between Morningside Pool and the bay?" And the answer was, "90 feet." Yesterday, I had a conversation with Alan Dodd, the Director of the Department of Public Works and Resilience, and he told me that the width of seawalls that will be installed is two feet. So you can see that there's quite a bit of difference between two feet and 90 feet. It's very easy to install a seawall when you've got 90 feet of distance between Morningside Pool and the bay, yet some are saying that Morningside Pool can't be fixed, because it would somehow interfere with resilience. Well these two items show that's simply not true. The same way seawalls will be built at Sewell and Myers Park, so can a seawall be built at Morningside. Please fix Morningside Pool. Lastly, I want to make a mention about PZ.4. That is an affordable housing item. And while affordable housing is a laudable goal, it is likely that that item would allow parking reductions immediately next to T3 neighborhoods that will cause huge problems. This has been mentioned many times in the past. I'm hoping you will amend PZ.4 to not allow parking reductions in any housing that is within 500 feet of a T3 neighborhood. Thank you very much. Chair Hardemon: You're recognized, sir. Christopher Benek: Hi. My name is Chris Benek. I'm the pastor at First Miami Presbyterian Church. I've been there about a year. And I'm speaking on Agenda Item SR.3, which deals with the food trucks and having those, availability. One of the things that we heard as we had elected officials and people running for office at the church for the Brickell Homeowners Association was that there's a real need for community in the Brickell area, and particularly, for families and children. We have been able to leverage the use of having food trucks on our private property for the community well-being. And partnering with the City he's on our property as they're working on putting in -- and we're thankful for this -- a new playground in the park. We're actually -- we bought a couple bounce houses and we've had a bunch of people on our property who've been coming for that. We'd just encourage you -- and I wanted to be here and be available for any questions you might have -- but encourage you to move forward with that legislation so that we would be able to continue to have the food trucks there to support our ministry of reaching out to the families and children on Brickell Avenue. So I don't know if you have any questions about that for me but I'd be happy to answer any that you might. Chair Hardemon: Thank you, sir. Mr. Benek: Thank you. Rob Piper, III: Good morning. Good morning, Commissioners. Good morning, Mr. Mayor. My name is Rob Piper, Robert F. Piper, III I currently reside at 1401 Southwest 17th Terrace, in the City of Miami. And I currently stepped up to act as the chairman for the recall committee on behalf of the citizens of District 3, so I felt obliged to come here and speak publicly in that regard, and just ask on behalf of the district's -- the members of District 3, as well as the City of Miami in general, to not pass the recall ordinance that's currently up for second reading. Simply put, because as a full-time Ph.D candidate and representing the majority of people in District 3 that have full-time jobs, I work full-time essentially, and I'd just say if the Commissioners are doing their job, the job that the citizens elected them to do with the best interest of the people of the City of Miami at heart, they do not have to worry about multiple recalls, because I have to say, as somebody that is not paid to do what he's doing, it is very time consuming for me to do what I do, as well as conduct a -- act as chairman as a recall -- of a recall committee. So that being said, I like to keep things short and sweet, so I appreciate the time that I have to address this issue. And if anyone has any questions, they can come find me. Thank you. City of Miami Page 12 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Commissioner Diaz de la Portilla: I have a question. Chair Hardemon: You're recognized, sir. Commissioner Diaz de la Portilla: You live in -- Sir, you said you lived in District 3? Mr. Piper: Yes, sir. Commissioner Diaz de la Portilla: Did you vote in the last City Commission election in District 3? Mr. Piper: I did not, because I was unaware that it was taking place. Commissioner Diaz de la Portilla: Did you vote in any City of Miami Commission District 3 race before? Mr. Piper: I do not recall, because, again, a lot of my fellow District 3 residents are unaware that the elections take place half the time, but that's going to change now that I've stepped up. Commissioner Diaz de la Portilla: So have you ever voted -- Mr. Piper: Oh, absolutely. Commissioner Diaz de la Portilla: -- in the City of Miami Commission 3 race election? Mr. Piper: I don't recall, because I moved to Miami in 2012. Commissioner Diaz de la Portilla: And in the last -- may I? -- eight years, you've never voted in any City of Miami Commission election in any district? Mr. Piper: The last eight years, no. I wasn't stationed here until 2012, sir. Commissioner Diaz de la Portilla: Okay. Mr. Piper: And I didn't become a resident until soon after that. Commissioner Diaz de la Portilla: And why did you get involved? All of a sudden you woke up and you found out that you had an interest -- never voting on any election and you decided you had an interest in politics, and you wanted to vote in District 3? Mr. Piper: Well, I've always had an interest in politics, sir. It's kind of the -- it kind of goes with the territory when you swear an oath to support and defend the Constitution of the United States. Commissioner Diaz de la Portilla: I agree. Mr. Piper: (INAUDIBLE). Commissioner Diaz de la Portilla: I agree; that's why we have elections, regular elections -- Mr. Piper: Absolutely. Commissioner Diaz de la Portilla: -- and that's why people vote. Mr. Piper: Absolutely. So my -- City of Miami Page 13 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Commissioner Diaz de la Portilla: Thank you. Mr. Piper: -- interest came from -- you don't want to hear the answer to my question? Commissioner Diaz de la Portilla: I don't think asked a question or you already answered it. Mr. Piper: Well, you -- yeah, you -- Commissioner Diaz de la Portilla: I mean, if you haven't voted -- I'm not debating you. Mr. Piper: You wanted to find out why I -- Commissioner Diaz de la Portilla: You answered the question. I'm not debating you. Mr. Piper: -- took an interest in politics in Miami and I'm going to tell you. Commissioner Diaz de la Portilla: I asked if you had voted or not voted in District 3 election -- Mr. Piper: Well, you asked why did I take an interest -- Commissioner Diaz de la Portilla: -- and you said, "no." Mr. Piper: -- all of a sudden. Commissioner Diaz de la Portilla: Why did you take an interest all of a sudden? Mr. Piper: Okay. When I first moved to Miami, I heard stories. And the longer I've been in Miami, the more I've like read articles in the free press, the more I've seen that those stories actually carry some weight. So as a -- now a voting citizen in the City of Miami, I felt I needed to do something about it, and that's what I'm doing. Commissioner Diaz de la Portilla: Good for you. Mr. Piper: Yes, sir. Any other questions? Thank you. Chair Hardemon: Thank you, sir. Grace Solares: Good morning. Grace Solares. I'm here on SR -- Second Reading 6, as I was here on February 24, 2020 with respect to FR.1 at that time, and I'd like to incorporate everything I said at that February 24 meeting regarding FR.1 then. As you know, I stated that I continue to believe that SR -- yeah, Second Reading 6 is violative of the Charter. You can achieve the same objective by actually bringing before the Commission language to be put on the ballot, and take it and amend that section of the Charter. It's going to be elections in August. There're going to be elections in November. You have two dates that you can actually bring this matter before the voters. So I request that you do not approve this item, Second Reading 6, today. Thank you. Chair Hardemon: Thank you. Victoria Mendez (City Attorney): Chairman, may I address one issue that Ms. Solares has brought up with regard to the Charter revision? If she is correct that the City is not allowed to do this, then a Charter amendment would not allow the City to do this, either. The City's position is that this has not been preempted by the statute and that is why the City can legislate on this matter. The County has done the same. The -- just making it a Charter provision wouldn't -- it would be the same thing, so it is the City's position that this is not preempted. The State has not legislated the field on this, and thank you. City of Miami Page 14 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Chair Hardemon: Thank you. Sir, you're recognized. David Winker: Good morning. David Winker. I live and work in the City of Miami. I want to address SR.6, the effort to restrict resident recall rights. Residents are granted the right to recall their elected officials under the City Charter and by State law for certain delineated reasons: malfeasance, misfeasance, neglect of duty, drunkenness, incompetence and permanent inability to perform the functions of their position. State law prohibits cities from restricting recall rights in ways that contradict the State statute. State law allows unlimited recalls after the first year. This restriction you guys are contemplating contradicts and illegally restricts that right. It is a violation of State law. And even if it is not a violation of State law, it is a violation of the Charter. The Charter grants unlimited recall rights to residents. Any change to the Charter needs to be through a referendum. And I think it's important to point out that this effort to restrict recall rights cannot be seen in isolation. The efforts of the City Attorney and her office in thwarting the recall effort to recall Commissioner Joe Carollo resulted in the Miami Herald Editorial Board publishing an editorial yesterday calling for a criminal investigation of the City Attorney. That is unprecedented in our history. Taking these recall rights from residents will result in litigation, and I believe a judge will throw it out. There is a way out. I urge you again to seek an Attorney General opinion. This is a simple solution that will avoid more needless and expensive litigation, and give you the guidance that you need to protect resident rights, and do the right thing. Thank you. Chair Hardemon: Thank you, sir. Seeing no other persons here for public comment, I'm going to close public comment at this time. MV - MAYORAL VETO(ES) NO MAYORAL VETO(ES) Mayor Suarez: Mr. Chair, ifI may be recognized? Chair Hardemon: One second, Mr. Mayor. Okay. Are there any mayoral vetoes? Mayor Suarez: No. Nicole Ewan (Assistant City Clerk): Chair, there are no mayoral vetoes. END OF MAYORAL VETO(ES) City of Miami Page 15 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 CA.1 7153 Office of the City Attorney CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING PAYMENT TO THE CITY OF MIAMI ("CITY") IN THE AMOUNT OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00) FROM CONSUL -TECH TRANSPORTATION, INC. IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS IN THE CASE OF CITY OF MIAMI V. CONSUL -TECH TRANSPORTATION, INC., CASE NO. 17-29978 CA 01, PENDING BEFORE THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, PURSUANT TO THE TERMS OF A SETTLEMENT AGREEMENT AND RELEASE ("AGREEMENT"); AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. ENACTMENT NUMBER: R-20-0066 This matter was ADOPTED on the Consent Agenda. CA.2 RESOLUTION 7126 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT SEVENTEEN (17) RIGHT-OF-WAY DEEDS AND ONE (1) QUIT CLAIM RIGHT-OF-WAY DEED OF DEDICATION, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO KEEP COPIES OF SAID DEEDS. ENACTMENT NUMBER: R-20-0067 This matter was ADOPTED on the Consent Agenda. City of Miami Page 16 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 CA.3 7191 Department of Fire - Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT SUPPLEMENTAL FUNDING IN THE AMOUNT OF $83,833.00 FROM THE DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") FOR THE "FISCAL YEAR 2018 — COOPERATIVE AGREEMENT FOR THE FLORIDA URBAN SEARCH AND RESCUE ('USAR') TASK FORCE," THEREBY INCREASING THE SPECIAL REVENUE PROJECT "FY 2018 — DEPARTMENT OF HOMELAND SECURITY — FEDERAL EMERGENCY MANAGEMENT AGENCY ('FEMA') — URBAN SEARCH AND RESCUE ('USAR') READINESS COOPERATIVE AGREEMENT" FROM $1,273,990.00 PREVIOUSLY AWARDED BY RESOLUTION NO. 18-0483 TO $1,357,823.00; APPROPRIATING FUNDS IN AN AMOUNT NOT TO EXCEED $83,833.00 CONSISTING OF THE GRANT FROM FEMA TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE FOR COMMUNICATIONS EQUIPMENT RECAPITALIZATION; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE OF AND ADMINISTRATION OF SAID GRANT. ENACTMENT NUMBER: R-20-0068 This matter was ADOPTED on the Consent Agenda. END OF CONSENT AGENDA Chair Hardemon: Commissioners, the Chair would like to entertain a motion to pass the CA (Consent Agenda), the PH (Public Hearing), and the RE (Resolution) agenda -- what's left of it actually. Vice Chair Russell: So moved. Chair Hardemon: It's been properly moved and seconded by the Chair. Is there any discussion? Hearing none, all in favor, say "aye." Commissioner Reyes: RE -- hold on a second. The Commission (Collectively): Aye. Chair Hardemon: All against? Commissioner Reyes: Hold on a second. Chair Hardemon: Motion passes. City of Miami Page 17 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 PH - PUBLIC HEARINGS PH.1 RESOLUTION 7146 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO CONVEY, WITH AFFORDABLE HOUSING RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, THE CITY OF MIAMI ("CITY') OWNED PROPERTY LOCATED AT 6820 NORTHWEST 17 AVENUE, MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO COMMUNITY DEVELOPMENT GROUP, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("DEVELOPER"), FOR THE DEVELOPMENT OF AFFORDABLE HOMEOWNERSHIP HOUSING; 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 THE COMPLETION OF SAID TRANSACTION. ENACTMENT NUMBER: R-20-0069 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item PH.1, please see "Consent Agenda." City of Miami Page 18 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 PH.2 RESOLUTION 7233 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT TWO COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE ("API") IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTY THOUSAND DOLLARS ($180,000.00) TO THELMA GIBSON HEALTH INITIATIVE, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("TGHI"), IN SUPPORT OF THE TGHI COMMUNITY "PASSPORT" TO HEALTH AND HOUSING PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0070 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item PH.2, please see "Consent Agenda." City of Miami Page 19 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 PH.3 6505 Commissioners and Mayor RESOLUTION MAY BE DEFERRED A RESOLUTION OF THE MIAMI COMMISSION, WITH ATTACHMENTS, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18- 85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AND PROCEDURES AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); AUTHORIZING THE CITY MANAGER TO EXECUTE A RIGHT OF WAY ACCESS AND SERVICE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE FORM ATTACHED AND INCORPORATED AS EXHIBIT "B," WITH ILLUMINATION TECHNOLOGIES, LLC, A FOREIGN LIMITED LIABILITY COMPANY REGISTERED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA ("ILLUMINATION TECHNOLOGIES"), INCLUSIVE OF BONDING AND INSURANCE APPROVED BY THE CITY'S RISK MANAGER, TO ALLOW ILLUMINATION TECHNOLOGIES ACCESS TO CERTAIN RIGHTS OF WAY FOR THE INSTALLATION OF MULTIPURPOSE POLES FOR THE PROVISION, AMONGST OTHER THINGS, OF A VIGILANCE SECURITY NETWORK, INCLUDING A VIGILANCE VIDEO CAMERA NETWORK, FLOOD SENSORS, AND TAG READERS, ALL AT NO COST TO THE CITY, FURTHERING THE INTERESTS OF THE PUBLIC'S HEALTH, SAFETY, AND GENERAL WELFARE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL AMENDMENTS AND EXTENSIONS THERETO, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item PH.3 was deferred to the April 23, 2020, City Commission Meeting. For minutes referencing Item PH.3, please see "Order of the Day." END OF PUBLIC HEARINGS City of Miami Page 20 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 RE.1 7193 Department of Fire - Rescue RE - RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-82(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CLASSIFYING ONE (1) FORD F250, MODEL YEAR 2005, UNIT # UL0504, VEHICLE IDENTIFICATION NUMBER 1 FTSW21 P35ED27808 AS CATEGORY "A" SURPLUS STOCK; DONATING SAID VEHICLE TO THE FIRE DEPARTMENT OF GRAND BAHAMA ISLAND UPON EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS. ENACTMENT NUMBER: R-20-0071 MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Adopt ADOPTED Ken Russell, Commissioner Keon Hardemon, Commissioner Hardemon, Russell, Diaz de la Portilla, Reyes Carollo Note for the Record Agenda." : For minutes referencing Item RE.1, please see "Consent City of Miami Page 21 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 RE.2 RESOLUTION 7136 Office of Grants Administration 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 FOUR HUNDRED EIGHT THOUSAND, FIVE HUNDRED NINETY-FIVE DOLLARS ($408,595.00) FOR THE DESIGN AND PERMITTING OF A SEAWALL/SHORELINE STABILIZATION AND BAYWALK - PHASE 1 AT SEWELL PARK ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS IN THE EVENT OF AN AWARD OF THE GRANT FOR FISCAL YEAR 2020-2021 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO EXECUTE, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS AND AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO; FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE MATCHING FUNDS AND OTHER PROJECT FUNDS IN A TOTAL AMOUNT NOT TO EXCEED SEVEN HUNDRED EIGHTEEN THOUSAND, NINE HUNDRED FORTY-ONE DOLLARS ($718,941.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED FROM THE OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. B-193519 OR OTHER LEGALLY AVAILABLE FUNDING SOURCES. ENACTMENT NUMBER: R-20-0072 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item RE.2, please see "Public Comment Period for All Item(s)" and "Consent Agenda." City of Miami Page 22 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 RE.3 RESOLUTION 7135 Office of Grants Administration 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 EIGHT HUNDRED FIFTY-THREE THOUSAND, EIGHT HUNDRED FIFTY DOLLARS ($853,850.00) FOR THE CONSTRUCTION OF A SEAWALL, BOAT RAMP, AND TRAILER PARKING IMPROVEMENTS AT MYERS PARK - PHASE 2 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT, ALLOCATE, AND APPROPRIATE GRANT FUNDS IN THE EVENT OF THE AWARD OF THE GRANT FOR FISCAL YEAR 2020-2021 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO EXECUTE, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO; FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE THE REQUIRED MATCHING FUNDS AND OTHER PROJECT FUNDS IN A TOTAL AMOUNT NOT TO EXCEED ONE MILLION, THIRTY-FIVE THOUSAND, THREE HUNDRED FIFTY DOLLARS ($1,035,350.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED FROM FUNDS AVAILABLE UNDER OFFICE OF CAPITAL IMPROVEMENTS PROJECT 40 - B183500 OR OTHER LEGALLY AVAILABLE FUNDING SOURCES. ENACTMENT NUMBER: R-20-0073 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item RE.3, please see "Public Comment Period for All Item(s)" and "Consent Agenda." City of Miami Page 23 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 RE.4 RESOLUTION 7134 Office of Grants Administration 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 FIFTY THOUSAND DOLLARS ($1,250,000.00) FOR THE KNIGHT CENTER - PHASE 2 SEAWALL AND VESSEL DOCKAGE CONSTRUCTION ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS IN THE EVENT OF AN AWARD OF THE GRANT FOR FISCAL YEAR 2020-2021 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO EXECUTE, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO; FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE MATCHING FUNDS AND OTHER PROJECT COSTS IN A TOTAL AMOUNT NOT TO EXCEED ONE MILLION, TWO HUNDRED FIFTY THOUSAND DOLLARS ($1,250,000.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED, FROM THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT PROJECT NO. 40-B183402 OR OTHER LEGALLY AVAILABLE FUNDING SOURCES. ENACTMENT NUMBER: R-20-0074 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item RE.4, please see "Public Comment Period for All Item(s)" and "Consent Agenda." City of Miami Page 24 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 RE.5 RESOLUTION 7133 Office of Grants Administration 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 IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED FORTY-EIGHT THOUSAND, ONE HUNDRED THIRTY DOLLARS AND SEVENTY-FIVE CENTS ($848,130.75) FOR THE FIRST PRESBYTERIAN CHURCH AT 609 BRICKELL AVE - PHASE 2 - BAYWALK ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS IN THE EVENT OF AN AWARD OF THE GRANT FOR FISCAL YEAR 2020-2021 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO; FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE MATCHING FUNDS AND OTHER PROJECT FUNDS IN A TOTAL AMOUNT NOT TO EXCEED ONE MILLION, TWENTY-EIGHT THOUSAND, FOUR HUNDRED NINE DOLLARS AND SEVENTY- FIVE CENTS ($1,028,409.75) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED FROM THE OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. B-183401 OR OTHER LEGALLY AVAILABLE FUNDING SOURCES. ENACTMENT NUMBER: R-20-0075 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item RE.5, please see "Public Comment Period for All Item(s)" and "Consent Agenda." City of Miami Page 25 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 RE.6 RESOLUTION 7132 Office of Grants Administration 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, NINE HUNDRED NINETY-NINE THOUSAND, SEVEN HUNDRED FORTY-FOUR DOLLARS AND FIFTY CENTS ($1,999,744.50) FOR THE DINNER KEY MARINA - PHASE 2 - MARINA REDEVELOPMENT PART 2 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS IN THE EVENT OF AN AWARD OF THE GRANT FOR FISCAL YEAR 2020-2021 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO EXECUTE, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO; FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE MATCHING FUNDS AND OTHER PROJECT FUNDS IN A TOTAL AMOUNT NOT TO EXCEED TWO MILLION, FOUR HUNDRED THIRTY-NINE THOUSAND, SIX HUNDRED EIGHTY-EIGHT DOLLARS AND TWENTY-NINE CENTS ($2,439,688.29) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED FROM THE OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B193402 OR OTHER LEGALLY AVAILABLE FUNDING SOURCES. ENACTMENT NUMBER: R-20-0076 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item RE.6, please see "Consent Agenda." City of Miami Page 26 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 RE.7 RESOLUTION 7184 Office of Grants Administration 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 THIRTY THOUSAND DOLLARS ($30,000.00) FOR THE PURCHASE OF A CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE MARINE FIRE VESSEL ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF SAID GRANT APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS IN THE EVENT OF AN AWARD OF THE GRANT FOR FISCAL YEAR 2020-2021 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO EXECUTE, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO; FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE MATCHING FUNDS AND OTHER PROJECT FUNDS IN A TOTAL AMOUNT NOT TO EXCEED THIRTY THOUSAND DOLLARS ($30,000.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED FROM PROJECT NO. 40-B173216B OR OTHER LEGALLY AVAILABLE FUNDING SOURCES. ENACTMENT NUMBER: R-20-0077 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item RE.7, please see "Consent Agenda." City of Miami Page 27 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 RE.8 RESOLUTION 7095 Department of Procurement A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED ON NOVEMBER 25, 2019 PURSUANT TO INVITATION FOR BID ("IFB") NO. 1121381 FOR A CONTRACT FOR THE PROVISION OF T-SHIRTS, POLO SHIRTS, AND GUAYABERA/CUBAVERA SHIRTS, ON AN AS NEEDED BASIS, FROM THE TWO (2) LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, ALINA SPORTSWEAR, INC., A FLORIDA PROFIT CORPORATION, AND PROUD TSHIRTS CORP., A FLORIDA PROFIT CORPORATION, FOR VARIOUS CITY OF MIAMI ("CITY") DEPARTMENTS FOR AN INITIAL TERM OF TWO (2) YEARS WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVALS AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, IN 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 A FORM 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-20-0078 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item RE.8, please see "Consent Agenda." City of Miami Page 28 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 RE.9 RESOLUTION 6827 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AUTHORIZING THE ACCESSING OF THE CITY OF ST. LOUIS, MISSOURI'S ("ST. LOUIS") REQUEST FOR PROPOSALS NO. 2018.08.27 FOR INFORMATION AND EMERGENCY KIOSKS ("KIOSKS") WITH IKE SMART CITY, LLC, A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA ("ISC"), UTILIZING THE COMPETITIVELY SOLICITED AND EXISTING CONTRACT WITH ST. LOUIS, SUBJECT TO ANY AMENDMENTS, RENEWALS, EXTENSIONS, NEW, OR REPLACEMENT CONTRACTS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CITY OF MIAMI ("CITY") SUPPLEMENTAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ISC; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS AND IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item RE.9 was continued to the April 9, 2020, City Commission Meeting. For minutes referencing Item RE.9, please see "Order of the Day" and "Consent Agenda." City of Miami Page 29 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 RE.10 6787 Department of Finance RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING, ACCEPTING, APPROVING, AND ADOPTING CITY OF MIAMI ("CITY") POLICIES AND PROCEDURES FOR WRITE-OFFS OF THE CITY'S ACCOUNTS RECEIVABLE (COLLECTIVELY, "WRITE-OFF POLICY"), ATTACHED AND INCORPORATED AS EXHIBIT "A", PURSUANT TO SECTION 18-542(11)(D) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND BEST PRACTICES UNDER STATEMENTS OF THE GOVERNMENTAL ACCOUNTING STANDARDS BOARD AND GENERALLY ACCEPTED ACCOUNTING PRINCIPLES; AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF FINANCE (1) TO IMPLEMENT THE WRITE-OFF POLICY, (2) TO REPORT TO THE CITY COMMISSION ON AN ANNUAL BASIS THE RESULTS OF SUCH IMPLEMENTATION BEGINNING FOR THE FISCAL YEAR COMMENCING AS OF OCTOBER 1, 2018, AND (3) TO CREATE AND MAINTAIN A CITY REGISTRY OF DELINQUENT ACCOUNTS RECEIVABLE FOR CITY CONTRACTORS, VENDORS, SUPPLIERS, PROVIDERS, USERS, PERSONS, AND ENTITIES THAT EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) AND HAVE BEEN DELINQUENT FOR GREATER THAN ONE HUNDRED EIGHTY (180) DAYS IN PAYMENTS DUE AND PAYABLE TO THE CITY; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-20-0079 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item RE.10, please see "Consent Agenda." City of Miami Page 30 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 RE.11 RESOLUTION 7218 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION FROM THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT ("CGBID") IN THE AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00) TO ESTABLISH A SPECIAL REVENUE PROJECT TITLED "THE CGBID SECURITY SYSTEM" ("PROJECT"); ALLOCATING SAID FUNDS TO THE MIAMI POLICE DEPARTMENT'S ("MPD") SPECIAL REVENUE FUND FOR THE PROVISION OF UP TO SIX (6) SECURITY CAMERAS INCLUDING SOFTWARE LICENSING, MAINTENANCE, AND INSTALLATION OF ALL HARDWARE WITHIN THE CGBID AREA AND INTEGRATION INTO MPD'S REAL TIME CRIME CENTER; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO APPROVE THE EXPENDITURE OF FUNDS ALLOCATED TO THE PROJECT AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE DISPERSAL OF PROJECT FUNDS. ENACTMENT NUMBER: R-20-0080 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item RE.11, please see "Consent Agenda." City of Miami Page 31 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 RE.12 RESOLUTION 6902 MAY BE WITHDRAWN Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND ANA ELENA LEIGHTON ("SELLER") FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 1221 SOUTHWEST 14 STREET, MIAMI, FLORIDA 33145 ("PROPERTY') FOR A PURCHASE PRICE OF FOUR HUNDRED NINETY THOUSAND DOLLARS ($490,000.00); ALLOCATING FUNDS FROM THE OFFICE OF CAPITAL IMPROVEMENT ("OCI") PROJECT NO. 40-B183415, DISTRICT 3 PARK LAND ACQUISITION IN A TOTAL AMOUNT NOT TO EXCEED FIVE HUNDRED TWENTY THOUSAND DOLLARS ($520,000.00) TO COVER THE COST OF SAID ACQUISITION INCLUSIVE OF THE COST OF APPRAISALS, SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE, AND RELATED APPLICABLE CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID ACQUISITION. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item RE.12, please see "Order of the Day." City of Miami Page 32 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 RE.13 RESOLUTION 7079 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 4(H) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FIXING AND ESTABLISHING THE COMPENSATION FOR MAYOR FRANCIS X. SUAREZ. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item RE.13, please see "Order of the Day." RE.14 RESOLUTION 7263 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000.00) TO ENDEAVOR MIAMI, INC., A FLORIDA NOT FOR PROFIT CORPORATION, IN SUPPORT OF THE ENDEAVORLAB PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-20-0081 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item RE.14, please see "Consent Agenda." END OF RESOLUTIONS City of Miami Page 33 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 2099 MAY BE DEFERRED Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), AMENDING CHAPTER 62/ARTICLE XVI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING/ART IN PUBLIC PLACES," TO PROVIDE FOR PUBLIC ART REQUIREMENTS INCLUDING BUT NOT LIMITED TO PROVIDING PUBLIC ART REQUIREMENTS FOR PRIVATE DEVELOPMENT; FURTHER AMENDING SECTION 2-892 OF THE CITY CODE TO PROVIDE FOR SUNSET REVIEW OF THE ART IN PUBLIC PLACES BOARD; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item SR.1, please see "Order of the Day." SR.2 ORDINANCE Second Reading 6789 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "GREEN INITIATIVES", BY ADDING ARTICLE VII, TITLED "FLORIDA-FRIENDLY FERTILIZER USE ON URBAN LANDSCAPES," TO REQUIRE FLORIDA- FRIENDLY LANDSCAPE PRACTICES; TO PROVIDE FOR COMPLIANCE WITH STATE LAW; TO PROVIDE FOR DEFINITIONS; TO PROVIDE FOR OTHER GENERAL REQUIREMENTS CONTAINED IN THE ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13896 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: For additional minutes referencing Item SR.2, please see "Public Comment Period for All Item(s)." City of Miami Page 34 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Chair Hardemon: Madam City Attorney, can you read into the record SR. 2? Victoria Mendez (City Attorney): SR.2. (The Ordinance was read by title into the public record by the City Attorney.) Chair Hardemon: Is there a motion to approve? Vice Chair Russell: There's a motion. Commissioner Reyes: Second. Chair Hardemon: It's been properly moved and seconded to approve SR. 2. Commissioner Reyes: SR.2. Chair Hardemon: Any discussion? Commissioner Reyes: Nope. Chair Hardemon: Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Todd B. Hannon (City Clerk): And Chair, for the record, Commissioner Carollo would like to be a co-sponsor for SR.2. Chair Hardemon: Noted for the record. City of Miami Page 35 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 SR.3 ORDINANCE Second Reading 7068 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 31/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR);" MORE PARTICULARLY BY AMENDING SECTION 31- 51, TITLED "FOOD TRUCKS OPERATING ON PRIVATE LAND," TO PROVIDE FOR REQUIREMENTS INCLUDING SITE PLAN APPROVAL FOR FOOD TRUCKS ON PRIVATE PROPERTY THAT PARK OVERNIGHT OR ARE PRESENT MORE THAN THREE (3) DAYS A WEEK; CREATING STANDARDS FOR SUCH SITE PLAN APPROVAL; PROVIDING FOR AN EXEMPTION OF FOOD TRUCK REQUIREMENTS FOR PROPERTIES USED BY RELIGIOUS OR EDUCATIONAL INSTITUTIONS AND FOOD TRUCKS ENGAGED SOLELY IN APP-BASED MEAL PRODUCTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: Item SR.3 was deferred to the March 26, 2020, City Commission Meeting. For additional minutes referencing Item SR.3, please see "Public Comment Period for All Item(s). " Chair Hardemon: Madam City Attorney, SR.3. Read it into the record, please. Victoria Mendez (City Attorney): SR.3. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: There's a motion and I'd like an amendment, Mr. Chairman. Chair Hardemon: It's been properly moved. Commissioner Reyes: Mr. Chair. Chair Hardemon: Yes. Commissioner Reyes: Yes. There was an amendment in that item that excludes schools and special events from the City of Miami or from a park, and things like that. Is that amendment included? It is included, okay. Thank you. Chair Hardemon: So I'll take that then as a second. Commissioner Reyes: Yes, I'll second. Chair Hardemon: Okay. Any further discussion? City of Miami Page 36 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Vice Chair Russell: Thank you. Yes, Mr. Chairman. I have -- Chair Hardemon: You're recognized. Vice Chair Russell: -- just a gentle floor amendment here. I believe there's an error with regard to (f) (1) (b). It should be (c) (4) instead of (c) (3), the section. It was just - - Mr. Ruiz brought that to my attention. Commissioner Diaz de la Portilla: Did you call it a gentle floor amendment? Vice Chair Russell: Yes, just a nice non -substantive scrivener's error there. And then two other things. DERM (Department of Environmental Resources Management) has requested that we require permanent public restrooms for these if there's going to be any sort of long-term food truck activity on any site, that port -a - potties wouldn't be sufficient. So I've -- I'm happy to add the word 'permanent" under Section 4(b), which says, "Have a permanent public restroom." And so, since these will be attached to schools and churches, they should have permanent public restrooms accessible. I just don't want to be in conflict with DERM on this issue. Commissioner Reyes: So did you mean in the proximity? Because if I'm having, let's say, an event in my parks, any of my parks, Shenandoah Park, and then that restroom that exists in the park, will that suffice? Vice Chair Russell: Yes. This only goes into the exemption section where the churches and schools would be doing this in a parking lot, for example. They need to have it. But if there's a food truck pop-up somewhere, the temporary bathrooms would suffice. It's more for these exemptions that could go on for a long -- Commissioner Reyes: (INAUDIBLE) permanent. Vice Chair Russell: And then there was also a request that we add a statement that these not be located in the public right-of-way, which is intuitive, but it's good to state. So that would be in Section (c) (6) (b), to add just that these -- that the trucks not be parked in the public right-of-way for these locations. That's it. Chair Hardemon: You're recognized, Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Maybe the City Manager can explain a little bit more. The word "permanent" and proximity to the activity itself, how close does it have to be or --? Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: I think we're really limiting some of these places that don't have permanent restrooms in close proximity to the event or the available space that they have for the event or to host the food truck. Joseph Ruiz (Director of Zoning/Zoning Administrator): Good morning, Commissioner. Commissioner Diaz de la Portilla: Good morning. Mr. Ruiz: Joe Ruiz, Office of Zoning. The proposed legislation was sent to DERM to receive some of their feedback. And they had questions regarding the bathroom facility. And their concern was having port -a -potties permanently stationed there. In order to have restroom facilities, they didn't want anything temporary in nature. There's County regulations, State regulations. So what this means is if you have a City of Miami Page 37 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 food truck that is next to improved land, there's already a building on there, that food truck would just need access to that building for the restroom facilities. Commissioner Reyes: But now how about a food truck that is going to -- I mean, a person that owns a food truck and is going to spend one night? It comes to a parking lot which is any parking lot in a shopping center and is going to be allowed to serve from there. Does that -- a permanent restroom must be in place? Vice Chair Russell: No. Mr. Ruiz: Yeah, but even with that, the word 'permanent" -- if they were just to be there for one night the legislation already required access to bathrooms. Commissioner Reyes: But if there is not a bathroom, that person -- let's say they come every Tuesday to that place, you see -- Vice Chair Russell: Mr. Chairman. Commissioner Reyes: -- if it comes every Tuesday to that place and then a port -a - potty will not suffice. I mean, it will be a permanent bathroom if you did (INAUDIBLE). I mean, I don't understand, because I think that we are hurting the business. Vice Chair Russell: Mr. Chairman, I can answer that. Commissioner Reyes: That's right. Vice Chair Russell: The word 'permanent" is only to be added in Section 7(b), which is under the section about food trucks that are present in the same location more than three times a week. Mr. Ruiz: Correct. Vice Chair Russell: So any short-term popup would not have the permanent requirement at all. And the bathroom -- if I'm not mistaken -- Joe, you can help here -- is meant to be anywhere on the folio, on the property that's applyinig for -- Mr. Ruiz: Exactly. Vice Chair Russell: Right. Mr. Ruiz: For those food trucks that are going to be there for more than three times a week, they're going to have to provide a site plan. They're going to need to establish that they're not within 500 feet of a food service establishment. So in looking at that site plan, they're going to have to establish that they have access to a permanent restroom facility. Commissioner Diaz de la Portilla: Well -- Chair Hardemon: You're recognized. Commissioner Diaz de la Portilla: -- then what you're really doing is you're putting so many limitations on it that you're making it really difficult to have a food truck event at a -- for example, in a park or in a space that a church may own and do an event at night and there's no permanent bathroom nearby for three times a week. So you're really -- and you have the 500 feet limitation to a food establishment and all those things combined, you're in effect, you know, you're neutering the language. City of Miami Page 38 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Vice Chair Russell: Well, if I may, Mr. Chairman. Chair Hardemon: You're recognized. Vice Chair Russell: The churches and schools become exempt, so they have more freedoms -- Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: -- than the regular applicants of food truck popups. Commissioner Diaz de la Portilla: Oh, I thought -- okay, so this doesn't apply specifically -- Vice Chair Russell: Correct. Commissioner Diaz de la Portilla: -- to the amendment. It applies to the whole thing. Vice Chair Russell: No, no. The amendment we're bringing as a whole. This legislation is meant to just exempt the schools and churches from all the heavy requirements the normal food truck legislation has for protecting brick and mortar business. Commissioner Diaz de la Portilla: But you're amending that amendment to make them have a requirement of -- Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: -- a permanent -- so it does apply. Vice Chair Russell: Just for the bathroom, just for the bathroom. Commissioner Diaz de la Portilla: Yeah but it does -- Vice Chair Russell: The idea is that any school or church would have a permanent bathroom on site somewhere. Commissioner Diaz de la Portilla: Right, but it does apply to the school. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: Right, and it does apply -- Vice Chair Russell: The permanent bathroom. Commissioner Diaz de la Portilla: -- and to the -- Commissioner Reyes: Apply to (INAUDIBLE). Commissioner Diaz de la Portilla: So you're putting limitations on the food truck activity for the amendment that we're doing. We're doing an amendment to the amendment that requires a permanent bathroom. Vice Chair Russell: Yes. It wasn't my original preference but -- City of Miami Page 39 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Commissioner Diaz de la Portilla: On the same folio, right on the same -- Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: -- property. It can't be across the street, a different folio number property. Vice Chair Russell: Correct. Our assumption is that any school or church would have a permanent bathroom, so this wouldn't limit them. It would just satisfy DERM with regard to the solid waste issue. Commissioner Carollo: Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: I'd just like to say that particularly in the situation that we're living today, that all our brick and mortar businesses are going to be bringing less income. And it's usually hard for them to make it. It's going to be much harder now. All you have to do is look at the airports, look at the cruise industry. And it's a reality that we are losing hundreds of thousands of visitors, tourists that come to Miami, many that go to the cruise ships that are not going to be coming now, and many others that are just afraid to travel. So at a time that our brick and mortar places that have leases, that whether the economy is good or bad they have to pay those leases, for us to throw more their way where food trucks can take business from them, we should be very careful at this point in time. And you know, I just want to say that. I respect the idea behind this, but I will be voting against it for the reasons stated and more that I've stated previously. Commissioner Reyes: I -- this limitation from DERM makes me think twice about this, you see. Really, I would like to have a little more clarity on this. I will -- I mean, I would retire my second. Vice Chair Russell: Mr. Chairman. Commissioner Reyes: Because I would like -- I mean, I didn't know that. Vice Chair Russell: Yeah, I didn't either. Question for Mr. Ruiz, ifI could. Chair Hardemon: Yes. Vice Chair Russell: Because I wasn't intending for this amendment. This came in yesterday as a request from DERM. Do these need to be approved by DERM as we offer this, or is this just a request from them? Because if it's an issue, I don't -- if it's not an issue, I don't need that part of the amendment, the permanent. Mr. Ruiz: To answer your question, sir, there will be no DERM review. This is -- there would already be a permanent bathroom facility in place. But as a point of clarification, the waiver section regarding religious institutions, educational institutions and for the City exempts these institutions from applying with a requirement (INAUDIBLE) section, so the permanent bathroom facility would not be applying to religious and educational institutions. The bathroom section would come in with respect to those food trucks that are going to be staying on a piece of property for more than three days a week. Chair Hardemon: You're recognized, sir. Commissioner Diaz de la Portilla: Okay, you're saying two different things. City of Miami Page 40 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: So who's right? Vice Chair Russell: He's got it now. Commissioner Diaz de la Portilla: He's right? Vice Chair Russell: Yeah. Chair Hardemon: The way that I read it, Commissioner -- when you talk about the section, I would imagine Section 31-51 -- Commissioner Diaz de la Portilla: That's what I thought. Chair Hardemon: -- which is the food truck section. And so, that would mean that he stated correctly on the record. However, the question I have for you is in relation to the TUP (Temporary Use Permit), because it seems to be, from the reading of this section, that these food trucks would not be allowed on private property, which is what we're trying to regulate, but for a TUP. So you have to have the TUP in place or a CU (Certificate of Use) -- CU first, I'm sure. Commissioner Reyes: That's right. Chair Hardemon: And then as it reads, "If parked on property that is vacant, the property must follow the temporary use of vacant land process and obtain a temporary use permit, as delineated in Chapter 62 of the City Code, if a TUP is allowed in the district." And so, my first question is, what CU -- if for instance it is a -- well, if it is -- clam this question. If it is a -- if there is not a CU there, it is vacant land. I'm assuming there's no CU, because it's vacant land. Then you must do TUP; is that correct? Mr. Ruiz: That is correct. Chair Hardemon: Okay. So if it's not vacant land -- so you have a building there. Then that building must be CU before you allow this section to apply to allow food trucks there? Mr. Ruiz: That is correct, as well. Chair Hardemon: Okay. And so, the next thing is that, as I understand, the TUPs are being fought a bit by the County and DERM by saying that many of the TUPs are requiring some form of a -- is it sewage or something, something to -- something more than what we require today. What is that requirement? Mr. Ruiz: Correct, sir. The County presently doesn't recognize temporary uses outside of our special event permits, which are up to 14 days. So as such, they treat them as permanent structures. And part of those requirements require that they be hooked up to water and sanitary facilities. So if there is a food truck that is on vacant land that is required to get a temporary use permit on vacant land and they're required, pursuant to this Code, to provide bathroom facilities, those facilities would be required to be permanent in nature, being that they would be hooked up to water and sewer. Chair Hardemon: Okay. And so, now you are requiring or -- I guess you don't have to make the requirement then for them to have the water and sewage connections. City of Miami Page 41 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 They have to do it as a requirement from DERM. So as long as they meet our requirements in the City, you move them forward and then they need to meet the requirements for DERM; is that correct? Mr. Ruiz: If this is a food truck on vacant land, they would get the temporary use permit on vacant land. As part of our requirements for that permit -- Chair Hardemon: Right. Mr. Ruiz: -- there would be a level of DERM review. And part of that DERM review would be a requirement to hook up to water and sewer for sanitary facilities. Chair Hardemon: Okay. And then the last thing is that this section does not apply to food trucks generally. So a food truck that is, for instance, driving on a City street, parks, serves some people, this section does not apply to them; is that correct? Mr. Ruiz: Correct. It's only those that are operating in the same location for more than three times per week. Chair Hardemon: So is it your intention with this section to allow food trucks to operate especially on property that has improvement, through CU, it has a CU and on vacant lands where they have TUPs? Mr. Ruiz: Correct, sir. Chair Hardemon: If there is no TUP, can a food truck operate on someone's private property? Mr. Ruiz: No, sir. Chair Hardemon: And if there's no CU, can a food truck operate on someone's private property? Mr. Ruiz: No, sir. Chair Hardemon: Thank you. Commissioner Reyes: Can a food truck -- Chair Hardemon: You're recognized. Commissioner Reyes: Through the Chair, can a food truck, I mean, come to a neighborhood -- not a neighborhood but in any commercial street and park and start serving? And let's say -- you said if it's a private property -- if it is a parking lot, let's say that I have a shopping center and I want -- just in order to bring more customers, to attract some more customers. Because there are some of these trucks that they are famous. I mean, people -- they have followers and I want to bring them to my shopping center, and I ask them to park there and start serving food. I provide a space for them. Can they do that? Mr. Ruiz: Through the Chair. Chair Hardemon: You're recognized. Mr. Ruiz: So the way the legislation currently reads and the law that's already in effect, food trucks are prohibited in T3 transect zones and T4-R transect zones. So if they're not in those particular transect zones, there's a series of regulations currently City of Miami Page 42 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 in place. They need to have their inspection by the Miami -Dade County Department of Health, Florida Department of Business and Professional Regulations. They need to have valid insurance. They need to obtain a peddler's BTR (Business Tax Receipt) from both the County and the City. So -- Commissioner Reyes: But that doesn't answer my question. My question is a food truck that has all the BTR and all of that; that I want to -- I mean, my shopping center, I want to have it in there and I invite them. I say, "Listen, I want it to be here for twice" -- "I mean, a couple of nights or every Wednesday, whatever it is." Can that food truck go and park and serve food from that area at that place? Mr. Ruiz: As the legislation presently reads, yes, as long as they are not present more than three times per week or not parked on site overnight. And then if, depending on the numbers, it may qualify as a food truck gathering and then they would need an additional -- Commissioner Reyes: So the point here is that they cannot be in the same location for four days. They could be for three days but not four days. Mr. Ruiz: Correct; more than three times per week and not overnight. Chair Hardemon: But now, let me clam. That's per the legislation that we're presenting today. So I think the question today, without this being passed -- Commissioner Reyes: That's right. Chair Hardemon: -- is a food truck allowed to be in a parking lot of a building that has a CU today? Mr. Ruiz: Yes. Chair Hardemon: Is there any restriction on the number of days today how many times that vehicle can be parked during the week? Mr. Ruiz: Yes. They can't be present more than three times per week and it is not allowed to park on -site overnight. Chair Hardemon: And that three times per week is not a result of this legislation before us, but this is a law that's in position right now? Mr. Ruiz: That's -- Commissioner Reyes: Okay. Mr. Ruiz: -- currently in place. And what the amendment does is it allows it to be a little more permissive because -- Commissioner Reyes: Okay. Mr. Ruiz: -- it allows food trucks to be there for more than three times per week. Chair Hardemon: Say it again. Mr. Ruiz: The legislation does two things. It creates the exemptions for the religious and the educational institutions, but then it also allows for food trucks to be there more than three times per week and to park overnight if they meet certain other additional requirements, which is the restroom facilities, which is the approved site City of Miami Page 43 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 plan, making sure they don't make a property deficient in their parking requirements and additional restrictions. Commissioner Reyes: What -- I'm sorry. Chair Hardemon: You're recognized. Commissioner Reyes: This legislation that we are discussing here, what additional, additional constraints places on a food truck or requirements placed on a food truck? What's the difference between this one and the one that we have? Mr. Ruiz: So this clarifies a couple things for all food trucks. It makes clear that you're not allowed to park in any drive aisles, any "no parking" zones, landscape areas, loading areas, parking lanes. You can't impede circulation, which should be in place for all of them now, but sometimes you just want to make it black letter of the law. For those that are going to be in place for more than three times per week, they cannot make again a property deficient in their parking requirements. They have to have, subject to the amendment, permanent public restrooms available on - site, and they have to provide the approved site plan in addition to all the other requirements that are already in the Code. Commissioner Reyes: So going back to that example of a food truck on a parking lot, in order to spend three days there, they must have a permanent bathroom? Mr. Ruiz: Yes, sir, or access -- Commissioner Reyes: I mean, if it comes three days a week during -- I mean, and those three days is per week. Mr. Ruiz: Yeah. Any food truck that is looking to operate in the same location more than three times per week is going to have to have access to a permanent restroom facility. Commissioner Reyes: Okay, that access could be a bathroom or one of the locales in that shopping center? Mr. Ruiz: Correct. Vice Chair Russell: Mr. Chairman. Chair Hardemon: You're recognized. Vice Chair Russell: I'll gladly remove the permanent request for amendment as it's just a request by DERM really, not by me. And if we're not subject to DERM on this from a mandatory perspective, I'm happy to remove that amendment, if that helps. Chair Hardemon: So we may not be, but what may end up happening is DERM will -- I guess for the -- is it for the TUP that it becomes most appropriate for DERM to step in because then -- not necessarily just the everyday food truck. It's when the TUP is triggered. Because they already -- if you already have a CU, you can be there. If you don't have a CU, you have vacant land, there's no CU that you can have, then you must go through a TUP process. Through the TUP process, DERM steps in, because now they want water and sewer connections; and so, then they'll also say, since we have a hand in this, "You need a permanent bathroom "; is that correct? City of Miami Page 44 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Mr. Ruiz: I think it would apply in other situations -- and I'll defer to the Legal Department. And the reason why I say so is part of the requirements is that they must obtain a peddler's license, a peddler's BTR from the City of Miami. In order to so, I believe you need to be compliant with all City, County, State and Federal regulations. And if the County were to weigh in and say something to the effect that because there isn't a permanent restroom facility, it's not compliant with their local laws and regulations, then I believe they would not be able to obtain their BTR. Chair Hardemon: But they'll probably try to get the BTR before they play with the property. M. Mendez: Usually, a food truck will get a BTR first -- Chair Hardemon: Right. M. Mendez: -- because they're usually moving. And then they start figuring out if they're going to stop somewhere and -- Chair Hardemon: Okay. So, Commissioner, are you sure you want to remove the amendment that you proposed regarding permanent bathrooms? Vice Chair Russell: I'm really just gauging the resistance up here to that amendment. And so Commissioner Reyes removed his second once the amendment was in. Commissioner Diaz de la Portilla also showed hesitation, so yes. Chair Hardemon: Okay, that sounds good then. So then the motion will be, as previously stated, without that permanent restroom facility requirement. Vice Chair Russell: Correct. The only amendment then would be with regard to the rights -of -way, blocking right-of-way, which was a request, as well as the scrivener's en^or of (c) (3) to (c) (4). Chair Hardemon: All right. Commissioner Carollo: Mr. Chairman. Chair Hardemon: Yes. Commissioner Carollo: IfI could ask him a question. Chair Hardemon: Sure. Commissioner Carollo: How are you enforcing or being able to enforce if someone is there three days or the whole week? How can you do that? Mr. Ruiz: I -- Commissioner Carollo: It's simple stuff that in the city -- Mr. Ruiz: Understood. Commissioner Carollo: -- that they cannot enforce. How can you enforce something like this? Mr. Ruiz: So I will defer to the Department of Code Compliance as we don't have inspectors, and we don't have an enforcement mechanism within the Office of City of Miami Page 45 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Zoning. We would refer any situations where there was an alleged violation to that department. Commissioner Carollo: So you -- well -- Chair Hardemon: So it could be citizen driven. It could be witness driven. Hey, there's a violation that's occurring. Commissioner Carollo: Yeah, but that's going to be extremely, extremely difficult, you know. And particularly, a city like ours that you have in your own district, the rest of the districts you have a majority of people, certainly a very high percentage that English is not their first language. You have a lot of moving community within our districts. That's not -- it should not be thrown out to residents. That's an obligation that we have. If we break the City up like we should into clear zones, whoever is the Code Enforcement officer for a certain zone should be totally responsible for that, and should be up to date as to what is going on in his area. And this is the problem that I've been having. You know, that hasn't been happening. There's no accountability. There's a lack of supervision. There's a lack of follow up and being on top of things. And I don't see how even with the law that we have on the books now that could be enforced. It's, you know, next to impossible unless we have people that are really on top of it and I haven't seen that, whatsoever. And my concern again is that, look, particularly right now and the problem that we have with the Coronavirus that all our businesses are going to be taking a major financial hit. There's a lot of people that are barely making it now that have brick and mortar businesses. Before this is over, many of those people might not be around, because they won't be able to make their lease payments. And here we're going to be giving basically carte blanche to individuals that don't have to make lease payments, that they can move to one place or another to be able to sell food while we're going to be helping to drown more -- this is like someone that needs a lifejacket and instead of throwing them a lifejacket, we're throwing them, you know, at them a 100-pound weight, and this is what I see that is happening here; not to mention that this could be used at any time by unscrupulous individuals that want to buy cheap in neighborhoods. And if they can make it by invading a small area with food trucks, it will make it impossible for any legitimate owner or business investor to be able to rent to restaurants or any food type of establishment, because they won't make it if they're surrounded with food trucks. And I'm talking about particularly our poorer areas, which is the majority of the City of Miami. Chair Hardemon: So the one thing I will say for us as Commissioners to consider is that there are parts of my district that are obviously flourishing, you know, from the Design District to Wynwood, where you have a lot of brick and mortar buildings; a lot of brick and mortar buildings where they in fact have lots of tenants. There are other parts of the district that are a bit troubled. Even on our Upper Eastside, I think there's a lack of -- well, there's much vacancy in many of the brick and mortar buildings. Particularly, when you think about areas such as Liberty City, we have lots of commercial corridors where there is an extreme lack of business. And you know, part of the reason that we have the lack of business in these spaces is because of the cost that it takes, for instance, to start a brick and mortar business. And so, for small business owners, they may not be able to meet that cost. Maybe people who have a great deal of money can, but choose not to be in those neighborhoods. And so, we find ourselves in this pickle where the residents who live in those areas don't have an opportunity to buy food, to really engage in business in their neighborhood, and that's been particularly troublesome. And so, you know, I'm frying to find a way to weigh both of these so that it's a net positive for the community. And so, I'm certainly inviting of sorts of food trucks. I would like for them to have regulation to limit them, but I also don't want to give a windfall to a vacant parcel of land through a TUP, for instance, that would allow them to have an City of Miami Page 46 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 unlimited amount of food trucks that would basically interfere with the business of some brick and mortars. And so, with that, the one thing I don't see here that maybe what we can do, we consider is the size of the actual vacant properties. I don't know if the TUP applies to certain sizes of the properties. Is it a requirement of 10,000 square feet or 25,000 or so? But maybe what we can add in this legislation is a limit to the number of food trucks that may be allowed on a certain size of land. So, for instance, if the parcel is 5,000 square feet, no more than two food trucks. You know, if the parcel is 10,000 square feet, no more than four, you know, or just a small thing as far as a limit of two food trucks per 5,000 square feet of vacant land. Maybe then that would give us at least something where we don't have a huge number of businesses coming in onto a vacant parcel and overtaking a neighborhood. Commissioner Carollo: Well, I think if you do something like that, but it would include at the same time a whole city block together with that, that you limit the amount. It's still not going to resolve what I said, but at least you alleviate it. It's obvious that food trucks are not going to affect upper -end restaurants. For instance, in my district, I'll give you examples. La Trova, is a 200-seat restaurant, high end. It's not going to be affected. You have another one that recently opened up, Salao, it's about 80, upper end. It's not going to be affected. But those are limited restaurants within my district. You have scores of smaller restaurants that, you know, small sandwich places, et cetera, that would be ultimately very, very affected by that. And that's what I'm trying to avoid, and particularly, seeing what we're going to be facing real soon. I mean, ladies and gentlemen, there's going to be a tremendous downsizing of our economy as a country, as a region, as a city real soon because of the Coronavirus. This is a fact. Look at the airports and see what's coming in compared to before. The President just declared that visitors from mainland Europe are not allowed to come here. That's a big chunk of our tourism business that comes down. The State Department has put an advisory that people should reconsider taking cruise ships. Those cruise ships are going out basically empty. I see it in the last few days, again, in my own area, that all these buses with tourists that would come, I don't see that many of them now at all. So this is our reality and I don't want to put any extra financial pressure beyond what they're going to be receiving now on the small brick and mortar food establishments that we have. Chair Hardemon: Sir, I'll recognize you for a response, and then I'll recognize the Commissioner. Mr. Ruiz: Chairman, just two quick points. One, addressing your comment regarding the limiting of the food trucks based off of the lot area of a particular property, that is something that is done in the County and that's something I'd be happy to explore and work with the Administration on if that's the will of the Commission. The second point is that food trucks are already permitted in District 3, so they're not able and allowed to operate, so hopefully that'll alleviate some concerns, not addressing the bigger picture of small businesses citywide. Chair Hardemon: Commissioner. Commissioner Reyes: Yes. From what I gather here is there is quite a concern about burden of the existing brick and mortar businesses, particularly the small ones, the cafeteria and small business. Commissioner Carollo: The bulk of the ones we have here. Commissioner Reyes: That's right. That's mostly what we have here. But at the same time, we don't want to preclude somebody that wants to open up a business but doesn't have the capital and then they have a food truck. So what lsee is that there's City of Miami Page 47 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 some sort of a conflict in this legislation, and I would like to clam it. And I'm going to suggest that we defer this and every one of us could express our concern, and try to find a solution that we won't hurt our brick and mortars, but at the same time, we are not going to curtail the right of those people to start a business. Chair Hardemon: So the only thing that I'll -- I'll recognize the Vice Chairman after I speak. The -- we need to have regulations that make sense for food truck owners. Commissioner Reyes: Yes. Chair Hardemon: And I don't want people just to -- well, is there a definition for "food truck"? Mr. Ruiz: Yes, sir, there is. Chair Hardemon: Because looking in this section, I don't see it. Mr. Ruiz: Yeah. The legislation only printed out those portions of the Code that were (INAUDIBLE) -- Chair Hardemon: How do you define a food truck? Mr. Ruiz: I don't have it -- Chair Hardemon: Does anybody have it readily accessible? Mr. Ruiz: -- in front of me. Chair Hardemon: When you get to it, let me know. And the reason I'm saying this is because what Commissioner Reyes stated is perfectly correct in the sense that we have to have options for people who want to start business, who can't just immediately start with a brick and mortar. And then, as well, is that in America, competition is good, so you want to at least have other ways for people to compete to be able to earn a living. Not every food truck person wants to have a brick and mortar. Not every brick and mortar wants to have a food truck; some have both. And so, I say that to say that I do believe that we need some requirements for food trucks. The bigger question in this is whether or not we're going to allow food trucks in TUPs; whether or not we're going to allow food trucks on existing properties that have CUs. That really becomes the question. I'm willing necessarily to sacrifice a food truck on a property that has a CU, because then you actually have -- you know, most likely -- well, I'll say that. I'm willing to do that. The properties that are vacant that need a TUP, which means to me that there's no activity whatsoever on that property, vacant parcels are a part of the blight that's in our neighborhoods where you don't have any economic activity and where now you've seen through the TUPs, people activate those spaces, especially using food trucks, so they can provide food to people on a temporary basis so as not to extend for -- you know, it's not a 1 S year process. Those things I'm more pressed about in regard to making sure that we have some legislation that at least gives them that opportunity to kind of spur that economic development. And so, if anything, to move this forward, you know, that's the one part as far as the part regarding the CU and the food truck, I'm willing to sacrifice. But if not, you know, I'm willing to take up all of this together, because I do think that we need some sort of legislation to kind of bring this thing to a head. And I will say this as well: You know, it's very difficult to say that if a food truck comes, a certain business will close. I mean, that's not always true. I think that's the conclusion that people come to. "Oh, this food truck, they serve sandwiches, I serve sandwiches; my business didn't make it's end's meet; and so, my business is closed, but they're still open." I mean, that's not -- that is an conclusory statement. It takes City of Miami Page 48 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 a lot more to, you know, make that decision. You may have a Coyo Taco and a taco food truck may be outside of the restaurant. But Coyo Taco is not going to lose business to that food truck. Now but people like options. People may choose that food truck option but Coyo Taco is Coyo Taco. And so, I caution us on that, as well; that I don't want to do something that's going to necessarily limit the right or the ability for people who don't have much to scrape together the -- you know, whatever -- $10, 000 they had to come up with some sort of mobile unit. The reason I asked you about the definition of 'food trucks" is because ifI'm on a bicycle that has a little grill on the front of it, you know, and it's a -- and I'm riding down the street and I can serve people from that, the volume that I'm able to do on that is nowhere near the volume of Coyo Taco. And so therefore, I'm able to move forward leaner and without as much overhead, et cetera, because I'm a one, two -man employee bike and I don't want to exclude people like that. And I've seen in parts of our neighborhoods where we have not just Code Enforcement, but police officers moving along people who just are riding on a bicycle serving people where people have found interest in their food. And so -- Vice Chair Russell: Mr. Chairman, thank you very much. So the -- you know, the -- we can take a comprehensive look at the food truck ordinance and so much of our Code could use updating. You know, it's a deeper dive. We do have restrictions in the Code right now that do try to find that balance between brick and mortar and new business opportunities, like food trucks. But today's substantive amendment really is just opening up to churches and schools, opening that door a little bit more because this also for them is a very useful thing. One, it's a congregation area. The church that spoke earlier this morning is in my district, First Presbyterian, in Brickell. They've had a very positive experience. In fact, the tenants to the north are supportive, the residents. Even they have businesses in their buildings that are restaurants. They're supportive of this, because it's a good congregation area. It's also a revenue source potentially for churches and schools to do these events, bring people, do fundraisers, and things like that. So we're just frying to open it up a little more to those institutions that we may trust to be good actors, churches and schools. And so, that's the amendment I'm asking for today. I'm glad to do a deeper dive on further regulation on how we look at the industry as a whole and changes, but I hope we can at least let the churches and schools go through in today's amendment, if there's the will. Commissioner Carollo: Well, ifI may, Mr. Chairman. Chair Hardemon: You're recognized. Commissioner Carollo: It's a sad day in Miami if we need food trucks to bring people to churches and synagogues. And if it comes to the point that our houses of worship need the small amount of income that they are going to get from having food trucks next to their church or synagogue or house of worship, then I think we're in big trouble. But I think that if we're going to defer this, this should be deferred completely, not for the benefit of one or two houses of worship that are benefiting from this. Otherwise, then we might as well then open up like what was happening in my district before I got there, why not then so they could make money have illegal valet in a residential area in churches, you know, so they could make money? Hey, they need money too. Chair Hardemon: Okay, Commissioner Reyes -- Commissioner Reyes: Yes, I was the one -- Chair Hardemon: -- and then -- City of Miami Page 49 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Commissioner Reyes: -- that -- and had to answer Commissioner Carollo, because I was the one that proposed the churches and the schools, and all that. It's not that they are going to enter into a business of attracting followers by having a food truck there. It's when they have activities that they are -- Commissioner Carollo: That's different now. That's different. Commissioner Reyes: That's what I was referring to. Commissioner Carollo: Like the (INAUDIBLE). Commissioner Reyes: Absolutely, absolutely. Commissioner Carollo: Or St. Peter and Paul. Commissioner Reyes: St. Peter and Paul. Commissioner Carollo: That's different though. That's different. Commissioner Reyes: As we have -- and I want to make that clear, okay? I want to make that clear. And just as when we have activities in our parks and we do that in my district. We do that at lot at Shenandoah Park. When we have an activity, we invite a couple of food trucks, and they come in, and that's it. That is -- that was my intention of my amendment. But do agree that we should defer this and clarify, you see, cross all the "T's" and dot all the "I's" so every one of us will be satisfied with it. And as I stated before, we have to find a happy medium where we don't hurt the brick and mortar, particularly the small businesses, but at the same time, we don't curtail the right of anybody that wants to start a small business with a little capital that they have and in a food truck, you see. Chair Hardemon: You're recognized, Commissioner. Commissioner Diaz de la Portilla: I would agree with Commissioners Carollo and Reyes that we defer the matter. I think, Commissioner, it's better to defer it. Let's try to get it right and we can bring it back next Commission meeting. Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: If you're amenable to that. Vice Chair Russell: That's fine, absolutely. Chair Hardemon: So I'll take that as a motion by the Vice Chairman to defer it to the next Commission meeting? Vice Chair Russell: Correct. Chair Hardemon: Okay, seconded by the Chair. Seeing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Against? Motion carries. Vice Chair Russell: Thank you. City of Miami Page 50 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 SR.4 ORDINANCE Second Reading 7076 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AMENDED, TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE," TO CLARIFY HOW ITEMS ARE CONTINUED; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13897 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: Madam City Attorney, can you read into the record SR. 4? Victoria Mendez (City Attorney): Thank you, Chairman. (The Ordinance was read by title into the public record by the City Attorney.) M. Mendez: This one is -- okay. Chair Hardemon: Is there a motion to approve? Commissioner Reyes: Move it. Vice Chair Russell: Second. Chair Hardemon: It's been properly moved and seconded. Any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 51 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 SR.5 ORDINANCE Second Reading 7096 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE," TO PROVIDE THAT ANY LEGISLATION INVOLVING THE ESTABLISHMENT OR CESSATION OF A POLICY SPONSORED BY THE CITY MANAGER SHALL ADDITIONALLY REQUIRE SPONSORSHIP FROM AN ELECTED OFFICIAL; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item SR.5, please see "Order of the Day." SR.6 ORDINANCE Second Reading 7222 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION," TO ESTABLISH SECTION 2-39, TITLED "RECALL," PROVIDING A PROCESS FOR THE RECALL OF ELECTED OFFICIALS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13898 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Diaz de la Portilla, Carollo, Reyes NAYS: Russell Note for the Record: For additional minutes referencing Item SR.6, please see "Public Comment Period for All Item(s)." Chair Hardemon: FR.1, Madam City Attorney, read it into the record, please. Commissioner Carollo: Did we have SR. 6 or --? Chair Hardemon: Oh, I'm sorry. I missed SR. 6. Commissioner Reyes: SR. 6. City of Miami Page 52 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Chair Hardemon: SR. 6, I really did. I really did. That's funny, though. Commissioner Carollo: I always thought I could (INAUDIBLE). (MULTIPLE PARTIES SPEAKING IN UNISON) Chair Hardemon: SR.6, Madam City Attorney, can you read it into the record, please? The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: Is there a motion? Commissioner Diaz de la Portilla: I move it. Chair Hardemon: It's been properly moved. Is there a second? Commissioner Reyes: I second. Chair Hardemon: It's been properly moved and seconded. Let's go into discussion. Is there any discussion? Vice Chair Russell: Mr. Chairman, no discussion on it. And of course, again, not with regard to the current issue that's up on recall, simply from my perspective, I do see it as a potential violation of the state statute and so I'll be a no on the item. Commissioner Reyes: Mr. Chair. Chair Hardemon: You're recognized, sir. Commissioner Reyes: And I have something to include here. My -- totally I am real appalled from what I've been hearing for the past two months on our Hispanic radio stations in which they have been promising not only -- and let me make this clear. This doesn't help Commissioner Carollo at all. But all the completely the -- it's like a frenzy. It's like a recall frenzy. They come and they have stated clearly they are going to fall as domino chips. And it doesn't matter if we don't pick up -- if we don't gather the signatures. Two weeks later, we are going to gather the signatures. That has been a constant threat that we are going to be, particularly, Mr. Diaz de la Portilla and myself that we are going to be recalled and recalled and recalled and recalled. And this has gotten to a point that there is somebody that is involved in this recall frenzy that is trying to gather dirt from us. They're trying to gather -- or they're digging out dirt. They're going as low as asking for information about my wife, Commissioner Carollo's wife and Mr. Diaz de la Portilla's brother. I have here -- and Mr. -- could you make a copy of this? And this is a request for information from the City of Miami Police. It's the only one that I have been able to get. But imagine if you're asking questions, information from the City of Miami Police, that means that you are requesting information from everybody else. And if you read it here, it says, "Subject: Selva Reyes," which is my wife. "Subject: Marjorie Teresa Carollo. Subject: Renier Diaz de la Portilla." They're not elected officials. I'm an elected official. I expect to be scrutinized and I don't have any fear of any request for information about me or my wife but this is as low as you can get. Even the mafia respects the family, you see. And here could you please -- and that is why I'm voting yes on this, okay. Vice Chair Russell: Who made the request? City of Miami Page 53 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Commissioner Reyes: You're going to get a copy of it. And if anybody wants a copy (INAUDIBLE) -- Commissioner Diaz de la Portilla: I have a question of the Commissioner. Who made the request, Commissioner? Do you know? Commissioner Reyes: The request was made by a person by the name of Alfonso, an ex police officer that is working as a PI (Private Investigator). And PIs doesn't work for free, you see. So that threat is what we cannot live in. They're making a mockery of what a recall is, you see. Chair Hardemon: So -- Commissioner Reyes: And that is my -- I mean, every action has a reaction, right? Well that action gets this reaction. And whatever you want to write, write it. Whatever you want to criticize, do it. But this is as low as I never seen before in Miami politics, come after the family. And also, I have heard that there are intentions of also messing up with my son, you see. What are we getting? What are we doing here? I mean, and then people are going to say, "Oh, don't do this. I mean, this is taking away --" well, a recall is like a referendum. If people don't sign that means that they want the elected officials to be there period. Wait (INAUDIBLE) next year or wait until the election and get them out. But don't try to force them to vote your way under the -- I mean, the threat of a recall or making public all the dirt that I have found, you see. I mean, this is low, as low as it can be. So if you want to call the question, I'm ready to vote. Chair Hardemon: No, I'm not necessarily ready to call the question. But I find that that was a very interesting point that you put, which is that you believe that someone can force a recall simply because you're not voting the way that they believe -- Commissioner Reyes: Of course. Chair Hardemon: -- you should vote. Commissioner Reyes: Of course. Chair Hardemon: And that's your position on that. Commissioner Reyes: Of course. And that's the threat that we are getting. Commissioner Diaz de la Portilla: And I'll tell you, Mr. Chairman, that's the reason why we have this on second reading today. Chair Hardemon: Right. Commissioner Diaz de la Portilla: Because it is violating the rights of the many for the rights of the few -- or the interests of the few, I would say, the interest of the few. If you vote a different way, a very powerful money (INAUDIBLE) can come in and do a recall. And the way we have it now, it could be an endless recall and do it again and do it again until they get their way, until -- the media will write -- not the media because this is not media that's writing this. This is paid people that are writing. These are bloggers that are paid to write all this crap they're writing. The reality is that what this ordinance does, it creates order. It codifies and creates an orderly process for an electoral process. Recalls are a circumvention of the electoral process. Recalls are -- is an attempt to impose a viewpoint of a few group of people on the rest of the citizenry that votes in this -- in a particular district. So that's why I think it's important that we vote for this, Commissioner. And I know you say you're City of Miami Page 54 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 not going to vote for it but that you consider that you're not going to vote for it. This is an important democratic process that we're protecting here today. And Mr. Chairman, I'd like your vote on it too to show a very, very unified message that we want democracy. We want orderly process here. We want elections every four years. If somebody does something wrong on this dais, the Governor can remove us. That has happened here before. It's not the first time it will happen. Chair Hardemon: Yeah, when you're accused. Without even -- Commissioner Diaz de la Portilla: You're accused. You're not even convicted and they remove you, right? Chair Hardemon: (INAUDIBLE). (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Diaz de la Portilla: Yeah, they're very -- there's a lot of legal remedies where somebody -- you know, malfeasance or misfeasance or any of those seven things that are listed -- Unidentified Speaker: Absolutely. Commissioner Diaz de la Portilla: -- in the Florida Statutes to remove somebody from office. This is not the majority. This is not a groundswell of opposition that people have. This is a group of -- a small group of people that may target a particular Commissioner because that particular Commissioner may vote a different way or may not represent their interest and is representing the interest of the people, not talking about any specific recall but future recalls. Chair Hardemon: Yeah. Commissioner Diaz de la Portilla: And that's what we're doing here. And it doesn't eliminate recalls. No, it limits it to once a year so they're not endless. It codifies them and it makes them orderly, the way they should be, the way they were intended to be. And on top of that, there was a huge debate in the 1787 Constitutional Convention about recalls and recalls were rejected. Our founding fathers rejected recalls. Fourteen states don't have any kind of recalls. The state of Florida, you can't recall your governor. You can't recall your US (United States) senator, you can't recall your US representative. So there are a lot of limitations on recalls throughout this country. We wouldn't be unique in doing this. We're allowing -- we're not eliminating recalls. We're just saying we're going to limit. We're not going to make them endless and we're going to make them orderly, the way it should be. Commissioner Reyes: And by the way, it is not that I believe that we are going to be recalled. It is that we have been threatened because the word is -- and I'm quoting, "And Manolo and Alex better fall in line because we are going to recall them," just like that. What do you mean by fall in line? Fall in line is that I'm going to vote the way you want and because you have money then you want to get ahold of the City Commission by threatening a recall? I mean, I don't care. I mean, they can start collecting signatures tomorrow. But anybody that comes after me, I don't want them to go -- to have that Damocles spade or sword on top of them. So -- and also, you see, correct me if I'm wrong, the County has a similar -- Ms. Mendez: It's exact. Commissioner Reyes: Exactly. City of Miami Page 55 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 M. Mendez: Word for word. Commissioner Reyes: Word for word. And I was looking back and I didn't see any pushback or any people saying, "Oh, my goodness. This is sacrilegio." Nobody said that, okay. And (INAUDIBLE) have one like that. And I mean, those are the reasons and I do agree with Commissioner Diaz de la Portilla. At the beginning, I started thinking about it but the more that I dig and I dig and this was the -- I mean, this broke the camel's back. This is as low as you can get, okay. Call the question, please. Chair Hardemon: Before -- I still have some discussion. Do you want to be recognized, sir? Vice Chair Russell: Thank you, Mr. Chairman. And I do understand where you're coming from. I do understand the concerns of the day-to-day running of our government, the worry of outside influence, the worry of frivolous recall efforts, the personal attacks. None of that's pretty, or fun, or often appropriate. My worry is about us limiting the access of our residents to their government and to hold us accountable. Commissioner Reyes: Well -- Vice Chair Russell: And even sometimes just the optic of that fight. The State Statute is pretty clear that this process is in place, and that the residents have this right. My comfort in this is that there is a high threshold. You can't just bring a frivolous recall and knock it out; it's a three -step process. If I'm not mistaken, the second round of petitions is practically higher than the original voter turnout of the potential -- election, potentially. And then it goes to the voters for a pretty high threshold referendum. So I don't think we're going to -- by allowing -- or by not creating this amendment that the floodgates are open for recall after recall to be effective and successful. It can be noise that can be started, but to get through the process, the majority -- a big portion of the majority of the electorate -- but a big portion of people have to really feel there's a need that this has to go through, and not wait for the next electoral process to happen. So I -- that's -- my only problem is that we're finding a way to circumvent what the State has put in place. Whether expressly or not, they're saying, "The residents have the right to recall," and we're saying, "Well, only once a year." That's my worry. So -- Commissioner Diaz de la Portilla: But that's not the point, Commissioner. It's not the result of the recall; it's the process, itself -- Vice Chair Russell: And the (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: -- ignoring this process, and the defense, and the lawyers -- Vice Chair Russell: I do understand. Commissioner Diaz de la Portilla: -- and the competi -- and the constant, constant harassment that we can't do the work that we're supposed to be doing, by a very smart group of paid people, by one guy financing the whole thing, potentially, because somebody votes against him, or he doesn't like a particular person's haircut, or whatever it is, you know. And that's kind of the -- what we're trying to stop with this. It's not the results. Yes, we kind of know where these recalls go. They go nowhere; in most cases, they go nowhere. And they're -- in most cases, they're not even legitimate. They're just special interest people that -- you know, fighting against -- or fighting for a particular interest they have. The problem is the process. So, for example, I know that we belong to different political parties, but as a Republican, we would argue that City of Miami Page 56 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 the impeachment process on President Trump has caused, you know, two years of back and forth, and investigations and back and forth. It doesn't allow the country to move forward. In this case, it won't allow this Commission to move forward if a small group of special interest financed -- people who don't even live here in the district -- can come in and say, "You know what? I have money. I'm going to do this, because I'm the tough guy. I'm the big guy in town now. I'm going to fund this, and I'm going to hurt you, because you didn't vote my way," and that's what we're trying to stop here. We're not eliminating recalls. We're just trying to make them orderly, and we're trying to make -- eliminate -- allow government to move forward, and do the work. The people elected us in a real election where people had an opportunity to campaign, to go out and vote, and it's every four years. If any one of us does anything wrong, or we're accused of doing anything wrong -- Chair Hardemon: Accused. Commissioner Diaz de la Portilla: -- we're removed. It's happened here. It's happened in almost every legislative body that I've been to. Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: I've seen it. It's happened all over the country. So your vote for me would be something that's important, because I think that for this Commission -- people have to respect every Commissioner here, and the work that we do. And more importantly than respecting every Commissioner here, we have to respect the will of the people that elected us as they elected you, they elected me, they elected Commissioner Carollo, Hardemon and Reyes. We're all duly elected. Let us do our job. And if you don't like it, four years from now, vote us out of office. But don't harass us. Vice Chair Russell: I do respect and understand your position, and I certainly sympathize and even empathize, because I can see where this could cause a lot of trouble, and I just do ask for your respect of my position, even though it will not prevail on this vote, clearly. It is important to me, and I do believe in it from a position of access to our government, and accountability over us. And if I am making an error, I'd rather err on the side of residents having their ability to have accountability over us rather than vice -versa. Commissioner Reyes: But this have nothing to do that we are going against residents. I don't want that -- anybody to think that we're going against the residents. No. What we're going is after special interests that want to -- they want to intimidate elected officials; that's what we -- what I'm trying to do. And it has been proven by the amount of money that has been spent on this and the -- all the threats that we have received; and also, by starting -- digging dirt. I mean it is -- I mean, just by pure luck, I got a hold of that. And by starting digging dirt about the whole family, and I will include also our staff and disseminating those information, trying to intimidate us to vote in a certain way, you see. So that is what I'm afraid of because if -- I mean, I don't mind you start a recall against me tomorrow. I don't mind. I mean, as a matter of fact, I dare you do it. I mean, you cannot do it now. Next year, do it, and spend your money, see if you can get rid of me. If the people sign a petition that they want to get rid of me, and I go to an election, I don't win, I go home, you see? I mean, I wasn't born here, and I'm not going to be here for life or anything, but what it is happening and what is going to happen if we don't put a stop to it, it is why we're doing this. As a matter of fact, if you fail in a recall, the people spoke. Why do you -- are threatening to do it again, and again, and again? You see? It's the people's decision to reject that recall. It is like an election. You go to election; you win or you lose. You lose, you wait until the next election. You win -- I mean the -- your opponent has to wait until the next election. But you don't say, "Oh, I lost this City of Miami Page 57 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 election. In three months I want another election." No. So I just -- I mean I -- this is so low what they have done that I don't want to talk about this anymore. Chair Hardemon: Commissioner Diaz de la Portilla. Commissioner Reyes: Call it. If that's the process, then -- Commissioner Diaz de la Portilla: And I will tell you, because I'm not afraid to use a current example. Commissioner Reyes: That's it. Commissioner Diaz de la Portilla: The current example that we have right now in a current recall that's taking place, no one in that recall effort lives in District 3; no one -- only one guy, and he doesn't even vote. He doesn't even go to the regular electoral process and go to a regular election. He doesn't even vote. And everybody else is from outside District 3, and most of them are outside the City of Miami. Special interest group, one guy who says he has a lot of money. He really doesn't, but at least he has some money to just harass this body, and harass the good work that we're trying to do here for the City of Miami and for the residents. So, you know, this is not democracy. This is not a rejection of democracy. This is a rejection of a circumvention of democracy. Chair Hardemon: So if I may, I think this is a tough issue. I mean, I can see why everyone is -- has a philosophical difference of opinion. You know, Commissioner Russell is -- he has his as he stated on the record, and the -- and others have said -- Commissioner Diaz de la Portilla: The founding fathers theirs, too, remember; 1787. Chair Hardemon: I never met my daddy before so I don't -- Commissioner Diaz de la Portilla: But Manolo Reyes -- Commissioner Reyes knows one of them, I think. Chair Hardemon: So -- and, you know, I heard on the record that the County has this exact same provision -- Commissioner Reyes: Yes, sir. Chair Hardemon: -- and simply because it has the same provision, it does not necessarily mean that the language is right, or the language couldn't be better. And so, my hesitation about this is -- I mean, I really can speak from all sides; from Commissioner Russell's behalf, and also from what's been stated on the record by you, Commissioner Diaz de la Portilla and Commissioner Reyes. And so, when I -- but taking a step back, I'm just looking at the plain language of the statute, I'm saying -- or the rule -- I'm saying, "Well, what does this mean?" So it says, "No recall petition may be certified for the recall of an elected official in the City of Miami within one year after a recall petition against him or her is defeated." So my question then is, well, what does that mean? Does that mean that in the three -step process, if they don't go past step one that counts as a defeat? Because then who defeated it? Because my estimation of it all would be that a defeat necessarily should be -- it goes to a vote to the people. If the people have an opportunity to vote on this matter, then it would be necessarily defeated. And then if it's -- if you go to an election, then you shouldn't have to go through that again within one year, because you should be able to focus on your job. That makes perfect sense to me. But if someone -- if I take someone and they start a petition, they go around and they secure 500 signatures, much short of their -- what they were trying to secure, then does that count as a City of Miami Page 58 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 defeat? Because if that counts as a defeat, then you may not get someone who is recalled at all, because as a -- any -- if anyone knows their worth, they'll say, "Hey, Keon, go start a recall petition in your own district." Why? It's going to fail, because I'm doing it half-assed. And then, you know, I basically mooted the whole statute, because it's not applicable anymore, because we started this kind of process. So what I want to see is all of our positions to be preserved in this. If there is an actual, real recall petition that makes it to an electorate vote, elected vote, then that to me -- and it's defeated by the ballot -- the citizenry should not have to vote again as you stay here within a year, or be moved to vote again within a year if it's already been defeated, like if that makes any sense. Any comment on that? Commissioner Diaz de la Portilla: I do. Chair Hardemon: Yeah. Commissioner Diaz de la Portilla: I said it earlier, the process is the problem. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: The problem is not the election. The elect -- that's why when you're elected, and then for a year they can't recall you. There's a reason for that. Right? They -- there's a reason that's an existing law now. People -- because you're supposed to be able to do your work. If someone doesn't like the result of an election, and the next day, they can start -- "You know what? Let me recall this guy, because my guy didn't win." Then they start the recall process, so the harassment begins, and the process begins. So the problem is not the result -- it's going through the entire process -- Chair Hardemon: The process. Commissioner Diaz de la Portilla: -- and it could be endless, and endless, and endless. And then the same special interest will say, "I'm going to fund it, and fund it again, and fund it again so that this guy who I don't like, who I wanted the other guy to win" -- or "the other girl" -- "and it simply happens that I don't like this guy, so I'm going to keep on funding, and funding, and funding it, and getting signatures until" -- "so he can't do his work" or "she can't do her work." Commissioner Reyes: Mr. Chair. Chair Hardemon: I will say this. Let me reply -- Commissioner Reyes: Yes, sir. Chair Hardemon: -- because I haven't had an opportunity to really speak much. That makes sense. I understand what you're saying about the process, because the process of -- it -- yeah, it can be challenging for an individual, or an office, or a community, or a district. Now, in this, we're saying that -- well, first, let's -- if we can talk about this. I know there was a comment on the record about an individual not knowing that an election occurred. Right? So we have elections. Less people vote in municipal elections than necessarily in Federal government elections. So, for instance, you may get 20 percent of your electorate to vote in a primary election, but then the November election comes. 80 percent of the district actually has an opportunity to vote. Commissioner Diaz de la Portilla: Right. Chair Hardemon: In the 20 percent -- the difference, I believe -- and this is something I want to put on the record -- in a municipal election and a recall -- or the City of Miami Page 59 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 effort to recall, to talk about what you were saying, is that on the municipal election, you have a couple weeks that you have for early voting, then you have your voting day, and it's over. Gathering signatures has a significant -- much more time in order to get these signatures to put it to a vote. And so, I can understand why it can be a frustrating process for someone to continue being able to gather signatures to force a vote on an issue in the future. This is a tough one. But hearing about the -- what it actually -- what the actual -- I'll say this and I'll be quiet. Commissioner Diaz de la Portilla: You're almost there. You're almost there. Chair Hardemon: Oh, yeah. I'll say this and I'll be quiet. Commissioner Diaz de la Portilla: Almost there. Chair Hardemon: I'll say it and I'll be quiet. Commissioner Reyes: Keep on, keep on. Chair Hardemon: No, I think -- Commissioner Diaz de la Portilla: And it's important, because this is one of those matters that can actually be vetoed, because it's legislative in nature. Commissioner Reyes: Yes, sir. Commissioner Diaz de la Portilla: So your vote is very important as we speak about it. Chair Hardemon: Yeah. Commissioner Diaz de la Portilla: And your -- I think your vote is appreciated, and it's important for us. Chair Hardemon: The -- I'm not necessarily happy with all the laws that we have in the State of Florida. I think that the Governor's ability to remove an elected official when he's accused of wrongdoing is by far one of the most perverse powers that he has, because every man deserves an opportunity to defend himself against false allegations. And there are many times, especially in the communities that I represent, where people are accused of a wrongdoing, and, in fact, there is not one scintilla of truth regarding it. But because of the standards that are set forth, and according the way that judges allow certain information to come in, the person stands at trial. But if you were an elected official and you were removed from office -- I think the biggest example of that is Commissioner Michelle Spence -Jones. She was accused of two wrongdoings; one, she went to trial for and she won. She was removed from office when she was accused. She ran for office in a special election, won -- Commissioner Diaz de la Portilla: And was removed again. Chair Hardemon: -- and then was removed by the Governor again -- Commissioner Diaz de la Portilla: Yes. Chair Hardemon: -- because the State Attorney's Office accused her of another crime. That, to me, is frustrating the process of people who have elected someone to represent them. Commissioner Diaz de la Portilla: Mm-hmm, and circumventing. City of Miami Page 60 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Chair Hardemon: That was the biggest circumvention that I could ever see. And I would always imagine if I were ever Governor and that sort of facts happened that I would say, "Listen, they elected her again, because the State Attorney indicted her on a crime that they knew they very well had" -- since the very beginning, I would not remove. And so, you know, that is a frustrating process, and I don't think that it's fair to the electorate. I don't think it's fair to the elected official. It's just not fair at all. And so -- and this doesn't seem to be about fairness. Commissioner Reyes: Yes, sir. Chair Hardemon: And I can find myself supporting this piece of legislation. Vice Chair Russell: Mr. Chairman, I have one question for the City Attorney, and then maybe an offer for consensus. Commissioner Reyes: Just a point clarifying. Vice Chair Russell: So Madam City Attorney, what is -- the Chairman brought up a very good point. What is your interpretation of the word, "defeated"? If this passes as is, would a defeat be an insufficient petition attempt, or would a defeat be at the ballot? M. Mendez: I believe it could be many things. It could be the insufficient signatures; it could be defeated in court; it could be defeated in an election; it could be defeated in a ballot. It could be several things. Vice Chair Russell: But if they're simply insufficient in their petition drive, is that a defeat -- Commissioner Reyes. It is. Vice Chair Russell: -- by this legislation? Commissioner Reyes: It is a defeat. Vice Chair Russell: So an initial petition drive fails. This would -- that would enact this legislation. Then I'll make one suggestion if we're truly seeking consensus here, because Commissioner Reyes brought up something on first reading that I very much respect, which is double jeopardy. And if this were amended in a way that a recall could not be brought in another year for the same accusation, I would be very supportive of that, because I do believe that is a frivolous repeat that just causes problems. But my concern is, a recall fails, but an elected does something different. Commissioner Diaz de la Portilla: Then the Governor removes you. Commissioner Reyes: The Governor removes you. I mean if you commit a crime then Chair Hardemon: That's the thing about it. Vice Chair Russell: Yeah. Chair Hardemon: So I think -- Commissioner Diaz de la Portilla: And I agree with you that it's wrong, because you haven't gone through your due process -- City of Miami Page 61 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Chair Hardemon: Right. Commissioner Diaz de la Portilla: -- and you're innocent until proven guilty. Chair Hardemon: Right. Commissioner Diaz de la Portilla: And I have a whole bunch of examples. Other Commissioners besides Spence -Jones have gone through that here -- Chair Hardemon: Yeah. Commissioner Diaz de la Portilla: -- not too many years ago. So, you know, and I agree with you that that's a wrong -- you know, that's not a fair right. It's an undemocratic right. It's an -- un-American in many ways -- Commissioner Reyes: Yes, sir. Commissioner Diaz de la Portilla: -- because it goes against the judicial system, innocent until proven guilty. Chair Hardemon: Right. Commissioner Diaz de la Portilla: But the reason doesn't matter because the same special interest group will come up with a different reason. And the next time -- "Oh, I have a different idea, and I'll put a different line there. Oh, how about this? How about that?" And it's the same target, it's the same special interest, and it's the same process for a different reason. Chair Hardemon: And the issue that I have -- typically -- say, for instance, the Governor had found his way into our elections. He's used the -- not necessarily this Governor, but in the past. I'm saying the Governor. He's used his authority typically upon -- like an arrest. Of course, the statute says, "misfeasance, malfeasance," so you will -- and those things are very, you know, colorful. I mean, you can -- there's an argument that you can make and -- Commissioner Diaz de la Portilla: Right. Chair Hardemon: -- in fact, there's no one to even test that evidence if you're pushing a recall. Commissioner Reyes: Of course. Chair Hardemon: No one's testing whether or not it is an actual misfeasance or malfeasance as compared to if you were in a courtroom and someone said, "Is this misfeasance? Is this malfeasance?" before you could even do a recall, so that's one thing. Now, the more objective standard is this arrest. So, for instance, if a Commissioner gets engaged in a felony arrest, the Governor comes in summarily and removes him from office when he hasn't had an opportunity to really defend himself. Later on -- and we saw this in Miami Lakes, I believe -- he defeated his charge, and then the Governor wouldn't even reappoint him back into his position. You know, that's troublesome. And so, the ability to remove someone from office is a uber power, and I believe that a recall is an uber power, as well. Commissioner Reyes: Mm-hmm; yes, it is. City of Miami Page 62 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Chair Hardemon: So, you know, I think it does make sense to have some parameters within that. Commissioner Reyes: Mr. Chair? Chair Hardemon: Yeah I mean -- Commissioner Reyes: Mr. Chair? Chair Hardemon: Yes, sir. Commissioner Reyes: I don't know if you agree with me, or my fellow Commissioners agree with me. And you made a statement that any elected official said, "Oh, I'm going to start a recall against myself" I bet you that no elected official on their right mind would start a recall on her or him, because that's like starting a brush fire next to the forest. You see, that could spread like -- and the whole forest would be on fire. You don't start a recall on yourself because that could catch on. I mean, would you start a recall on yourself? Chair Hardemon: Me? Commissioner Reyes: Yeah. Chair Hardemon: No. Commissioner Reyes: You see what I mean. Commissioner Diaz de la Portilla: So I think -- I think -- Chair Hardemon: (INAUDIBLE) people out there would like to start a recall. Commissioner Diaz de la Portilla: I want to move the question. I think we're done. Commissioner Carollo: Well I -- if I can, I know that -- Commissioner Diaz de la Portilla: No, you're not allowed to say anything. Chair Hardemon: Listen, for the first time, the board is going to allow me to say this. Commissioner Diaz de la Portilla: No, no. I object. Chair Hardemon: Commissioner Carollo, you can't talk. Commissioner Diaz de la Portilla: I second that motion. Chair Hardemon: You can't. Commissioner Diaz de la Portilla: But -- no, let me tell you why he can't say anything. Today is a very special day. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: Today is Commissioner Carollo's birthday. Chair Hardemon: It is. City of Miami Page 63 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Commissioner Diaz de la Portilla: And today Commissioner Carollo turned 65. A whole new world of discounts will open up to him today. Commissioner Reyes: Now he's going to get Medicare. Commissioner Diaz de la Portilla: Medicare for all. Commissioner Carollo: Well, I'll tell you I am very concerned today. Commissioner Diaz de la Portilla: So I want to wish you a happy birthday. Let me wish you a happy birthday, Commissioner. Commissioner Carollo: Thank you. I appreciate it. Commissioner Diaz de la Portilla: I'm sure from all your colleagues here, we wish you a happy birthday -- Commissioner Carollo: Thank you. Commissioner Diaz de la Portilla: -- and good health and good things for you and your family. Chair Hardemon: Commissioner Carollo, my daughter -- my first daughter, her birthday is -- actually, she shares it with the Mayor. My wife is due any minute now. Commissioner Diaz de la Portilla: How scary would that be? Chair Hardemon: The Mayor and the Commissioner, they share birthdays with -- my next daughter could be due today, so, you know, I'm just trying to get through the day without having my whole life mirrored after this Commission. Commissioner Carollo: Well, you know that song, "A Boy Named Sue"? Don't name her Joe. Commissioner Reyes: Okay, call the question. Commissioner Carollo: But I thank you, Commissioner De la Portilla, for bringing up my birthday. Today brings a lot more concerns; not for any of this little minor stuff. I could handle a thousand more of these outsiders at one time, so I'm glad that it's me and not anybody else. But I am concerned, because yesterday, I did not fall under the guidelines of the CDC and the World Health Organization for being -- Vice Chair Russell: Vulnerable population. Commissioner Carollo: -- in the vulnerable population. Today, I am. Vice Chair Russell: I have a gift for you. Commissioner Carollo: So I want each of you to be six feet away from me; not three. Commissioner Reyes: Well, if they have to stay six feet away from you, they have to stay a kilometer away from me, you know. Vice Chair Russell: Happy birthday, Commissioner Carollo. Commissioner Carollo: Thank you. City of Miami Page 64 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Chair Hardemon: Seeing no further -- Commissioner Carollo: I could use it. Chair Hardemon: -- discussion, all in favor of the motion on the floor, say "aye." Commissioner Reyes: Aye. Commissioner Carollo: Aye. Commissioner Diaz de la Portilla: Aye. Chair Hardemon: Aye. All against? Vice Chair Russell: Nay. Chair Hardemon: Motion passes. END OF SECOND READING ORDINANCES City of Miami Page 65 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 6841 Department of Resilience and Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE I/SECTION 54-9 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "STREETS AND SIDEWALKS/IN GENERAL/PLACING SIGNS, ADVERTISEMENT, OR DISPLAYS ON ANY PORTION OF PUBLIC RIGHT-OF-WAY, STREET OR SIDEWALK SURFACE," BY ESTABLISHING STANDARDS BY WHICH COMMUNICATION KIOSKS WITH ADVERTISEMENTS MAY BE PERMITTED ON THE PUBLIC RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: Madam City Attorney, can you read FR.1 into the record? Victoria Mendez (City Attorney): FR.1. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: I have a quick question for you, Madam City Attorney. The kiosk, that does not make it a permanent fixture; it's something that can be moved? M. Mendez: No, no. These are in the ground, and very well placed in the ground so that they can avoid being blown away in a hurricane. Chair Hardemon: Okay. And, of course, that's what our standard would be. And -- right. I know we have some examples from previous kiosks that were manufactured. Do we know that the attempt is going to be to have those similar kiosks placed? M. Mendez: They'll be -- when -- if and when this program takes off they will give certain specifications to Public Works, design specifications. They're very sleek and cylindrical. Chair Hardemon: Right. M. Mendez: Or maybe more square in nature but they're sleek. Chair Hardemon: Is it possible that these kiosks can also have radios attached to them such as what the -- many of our telecommunication companies are trying to attempt to put into our rights -of -way for their rollout of the new technology that's coming in the future? Alan Dodd: Commissioner, Alan Dodd, Director for the Department of Resilience and Public Works. What this ordinance does is it gives us the ability to allow communication kiosks to be put in the right-of-way. It doesn't limit on what type of City of Miami Page 66 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 technology could be in there. Right now the ordinance does not allow us to provide for advertising in the right-of-way, so it will -- if they're put in place, we could have a discussion about what type of features will be included within that communication panel -- Chair Hardemon: So I'm willing -- Mr. Dodd: -- and there is technology that will do that. Chair Hardemon: I think -- you know, we know that there's more devices that are being -- or structures being put in our right-of-way as we speak. Every day you turn around, there's a new one. And we don't have very much control of about what structures are being placed in our streets. Those structures that are being placed are not necessarily those of advertising, but they deal with technology and other things that can be placed upon that pole that is of technological concern. This then adds another something that we can add, but then it adds advertising to it as well. And so what I'm trying to just get an understanding of -- and I'm willing to move forward through this today but I'm trying to get an understanding of can the companies that are trying to put these poles in our right-of-way, is this -- are we creating another way for them to be able to achieve their goal by putting these kiosks, or do you believe that we have more control over the kiosks than we do of the poles? M. Mendez: If I may, Mr. Dodd, I think what you're asking is -- and we have it in the Code -- that the City -- the kiosk will provide public services, including but not limited to free Wi-Fi; resilience components, such as air quality sensors; and security features, such as panic functionality; and a police panic button to protect the public welfare. So including, but not limited to, so we can -- Chair Hardemon: Right. So then -- Ms. Mendez: I believe that that covers your question. Chair Hardemon: -- and with this, we're able to get revenue, I'm assuming. M. Mendez: Yes. The first part that I didn't read, because I was just addressing the services, it generates revenues and provides public services. Chair Hardemon: So this would be a better option necessarily for the people in our community if they're around and they want free access to Wi-Fi, if they want to learn more about our City or about our district, about the restaurants that are in the area. You could possibly approach one of these kiosks and -- like you're in a mall -- discover new things, which I think is beneficial. Mr. Dodd: Yes, Commissioner. And I would like to point out, there is a requirement within this to do public benefit advertising, as well. One out of every eight advertisements that will be on there will be for the public benefit. Chair Hardemon: Okay. We just want to make sure that this -- it -- that the -- whatever the benefit is -- you're saying public advertisement benefit, but we want to make sure that at least, if I'm a tourist, I get off of a cruise ship -- I know it's not going to be any time soon -- but I get off of a cruise ship and I end up in downtown Miami that I can go to a kiosk, and I can interact with it, and learn more about the space that I'm in, and what's around me, you know, like I said, similar as if you go to a mall. I don't want it necessarily just to be an opportunity for me to learn more about, you know, chewing gum. Okay? City of Miami Page 67 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Mr. Dodd: Yes, Commissioner. Chair Hardemon: Any other discussion? You're recognized, sir. Vice Chair Russell: I really appreciate that they're going to have a live trolley map so that you can actually see in real time how far away the trolley is instead of trying to trust the schedule or have the app (application) on a phone. Maybe you don't have a phone. And so, that's really helpful. And they're considering also bringing in 3-1-1 as an app potential so that things can be recorded, or concern and that kind of thing. I'm supportive of it. Commissioner Carollo: Not only that, but I -- if I could, Chairman? Chair Hardemon: Yes, please. Commissioner Carollo: I believe that they have the ability and they're willing to turn that into -- each of these kiosks into a location that the City can put out emergency messages whenever we need to, which I think is something that is a big plus to us, and especially times like this. Chair Hardemon: Commissioner Reyes. Commissioner Reyes: Yes. I just want to make sure, because when it came to -- I requested that the -- in the advertisement there are no adult -- tobacco, firearms -- adult entertainment or anything offensive will be allowed in that advertising. And also, I request that in -- I don't want to see all the streets crowded; that no more than one per square block, you see; no more than one per square block. And that is in the -- it's included, I heard. And what's the distance from schools, parks, et cetera? That also is going to be defined. And I think it's a good -- Mr. Dodd: Thank you. Commissioner Reyes: -- I think it's -- Chair Hardemon: All right. Seeing no further discussion, all in favor -- well, there is a motion. There is a motion? Commissioner Reyes: I move it. Chair Hardemon: It's been properly moved. There's -- okay. Commissioner Diaz de la Portilla: Second. Chair Hardemon: And seconded by Commissioner Diaz de la Portilla. Seeing no further discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. Commissioner Reyes: First reading? Chair Hardemon: Correct. Commissioner Reyes: First reading. City of Miami Page 68 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 FR.2 ORDINANCE First Reading 6874 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "AUDIT ADVISORY COMMITTEE;" MORE SPECIFICALLY BY AMENDING SECTIONS 2-946 THROUGH 2-951 OF THE CITY CODE; FURTHER AMENDING CHAPTER 18/ARTICLE III OF THE CITY CODE, TITLED "CITY OF MIAMI PROCUREMENT ORDINANCE," TO ADD A NEW SECTION 18-122; AND FURTHER AMENDING CHAPTER 18/ARTICLE IX/DIVISION 2 OF THE CITY CODE, TITLED "FINANCIAL INTEGRITY PRINCIPLES;" MORE SPECIFICALLY BY AMENDING SECTIONS 18-541 THROUGH 19- 542 OF THE CITY CODE, ALL REGARDING EVALUATION COMMITTEES FOR SOLICITATIONS FOR INDEPENDENT EXTERNAL AUDITORS FOR COMPLIANCE WITH SECTION 218.391, FLORIDA STATUTES (2019), TITLED "AUDITOR SELECTION PROCEDURES," AND FOR GENERAL HOUSEKEEPING CLEAN-UPS OF THE CITY CODE; 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 la Portilla, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: Madam City Attorney, FR.2, read it into the record, please. Commissioner Reyes: Okay, FR.2. Victoria Mendez (City Attorney): FR.2. The Ordinance was read by title into the public record by the City Attorney. Chair Hardemon: The Chair would entertain a motion to approve. Commissioner Diaz de la Portilla: I'll move. Chair Hardemon: It's been properly moved; seconded by the Chair. Commissioner Reyes: Yes, sir. Chair Hardemon: I'll call on you, sir. You're recognized. Commissioner Reyes: I just wanted to include a friendly amendment -- Chair Hardemon: What is it? Commissioner Reyes: -- that the City Commissioner could be rotating, in a rotating basis, you see; that -- I mean, it's going to be assigned by the Commission, right? Chair Hardemon: Yeah, I believe. City of Miami Page 69 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Commissioner Reyes: The way it is. And is that what -- for what period of time, or if we're going to rotate the City Commissioner that is going to be the official. Chair Hardemon: Madam City Attorney, do you have any language that assists him with his request? M. Mendez: Yes. The suggested floor amendment -- on each occasion that there is a competitive solicitation for selection of an Independent External Auditor, pursuant to this section, the City Commission will appoint one of its members on a rotational basis to serve as Chair of the Selection Evaluation Committee. Chair Hardemon: I accept it as the seconder. Commissioner Reyes: Okay. Thank you. Commissioner Carollo: May I ask a question? Are we doing this for strictly District 2, or is this being opened citywide now? M. Mendez: You mean the chair -- the Commission -- Commissioner Reyes: This is citywide. Commissioner Carollo: Well, the -- Ms. Mendez: -- appointments, or the legislation in general? Commissioner Carollo: No; the legislation in general. Are we opening up scooters citywide? M. Mendez: Oh, no. This is the -- Chair Hardemon: No, this is not scooters. M. Mendez: -- Auditor Selection Committee. Commissioner Reyes: No, no. Commissioner Carollo: Oh, I'm sorry. I just -- what number are we on? Chair Hardemon: FR.2. Commissioner Reyes: FR.2, FR.2. Commissioner Carollo: FR.2. I'm -- Commissioner Reyes: Well, that's what it is. (MULTIPLE PARTIES SPEAKING IN UNISON) Chair Hardemon: You're already on the beach with your feet up. Vice Chair Russell: Commissioner, that's why I deferred scooters, for that exact -- Commissioner Carollo: Yeah I -- Vice Chair Russell: -- clarification. City of Miami Page 70 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Commissioner Carollo: Well, I have been thinking about Shangri-La. They've been calling me; no Coronavirus there, they tell me. Commissioner Reyes: Be careful with the Heineken virus in the Shangri-La. Commissioner Diaz de la Portilla: You're 65, and it's happening already, see? Commissioner Reyes: He is in my group, because we are the most vulnerable. Commissioner Carollo: Yeah. You guys got to help me, man. Commissioner Diaz de la Portilla: We got -- Commissioner Carollo: We both got to walk holding hands so we don't fall in here. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: -- your back, Commissioner. Don't worry. Chair Hardemon: Any further discussion? Nicole N. Ewan (Assistant City Clerk): Oh, Chair, I just want to confirm that Commissioner Diaz de la Portilla accepted the amendment. Commissioner Diaz de la Portilla: I did. I accepted the amendment -- Ms. Ewan: Thank you. Commissioner Diaz de la Portilla: -- as the maker. Chair Hardemon: Seeing no further discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 71 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 FR.3 ORDINANCE First Reading 7221 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES," TO CONVERT THE EXISTING MOTORIZED SCOOTER PILOT PROGRAM TO A PERMANENT PROGRAM; PROVIDING FOR INCREASED FEES FOR SCOOTER OPERATORS; PROVIDING FOR ENHANCED PENALTIES FOR VIOLATIONS OF THE SCOOTER PROGRAM, INCLUDING FINING ADULT ACCOUNTHOLDERS OF A SCOOTER OPERATOR FOR PERMITTING A PERSON UNDER 18 YEARS OF AGE TO OPERATE A SCOOTER; PROVIDING FOR SCOOTER FLEET SIZE LIMITATIONS BY THE APPLICABLE PROCUREMENT METHOD THAT SELECTS OPERATORS; PROVIDING THAT ALL PROVISIONS OF THE MOTORIZED SCOOTER PILOT PROGRAM IN EFFECT PRIOR TO THE PASSAGE OF THIS ORDINANCE CONTINUE FOR THE REMAINING DURATION OF THE PILOT PROGRAM WITH CERTAIN LIMITED EXCEPTION; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item FR.3 was deferred to the March 26, 2020 City Commission Meeting. For minutes referencing Item FR.3, please see "Order of the Day." END OF FIRST READING ORDINANCES City of Miami Page 72 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 BC.1 7003 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 Joe Carollo Commissioner Keon Hardemon City of Miami Page 73 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 BC.2 5544 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 Commissioner Keon Hardemon City of Miami Page 74 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 BC.3 6672 Office of the City Clerk BC.4 7243 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 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 Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Manolo Reyes Commission -At -Large City of Miami Page 75 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 BC.5 6956 Office of the City Clerk BC.6 6957 Office of the City Clerk BC.7 6958 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: Gabriel Paez RESULT: NO ACTION TAKEN NOMINATED BY: Civilian Investigative Panel 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 Commission -At -Large RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE COMPLIANCE TASK FORCE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Alex Diaz de la Portilla City of Miami Page 76 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 BC.8 6330 Office of the City Clerk RESULT: NO ACTION TAKEN 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 Commission -At -Large Commission -At -Large City of Miami Page 77 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 BC.9 5547 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner 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 Keon Hardemon Commissioner Keon Hardemon City of Miami Page 78 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 BC.10 6734 Office of the City Clerk BC.11 7266 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 Keon Hardemon Commission -At -Large Commission -At -Large City Manager Arthur Noriega V RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jose Mallea DDA Board of Directors (Term 9/1/2018 through 8/31/2022) ENACTMENT NUMBER: R-20-0082 City of Miami Page 79 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: Boards and Committees. Nicole N. Ewan (Assistant City Clerk): Good morning, Chair and Commissioners. BC.11, Downtown Development Authority: The Authority is requesting confirmation of Jose Mallea. Vice Chair Russell: So moved. Chair Hardemon: Second. Commissioner Diaz de la Portilla: Well, tell me about this. Chair Hardemon: Oh. So basically, what's happening right now is that you have appointments to the different boards and committees. Typically, the Clerk reads out the person that wants to be appointed to that board. There's a motion and there's a second. We don't really have a lot of discussion about it, but we can, you know, because sometimes people are rejected. It's happened in the past to me. Commissioner Diaz de la Portilla: It may happen to me. Chair Hardemon: So it's not always -- it doesn't always happen, but basically, it's very simple. She's going to read a name, the committee, there's going to be a motion, there's going to be a second, and we usually don't have a discussion. I just kind of go to vote unless there's a need for discussion. Commissioner Diaz de la Portilla: Okay. And you can do it at any Commission meeting or --? Chair Hardemon: You could do it at -- Commissioner Carollo: Yes. Chair Hardemon: -- typically, they have -- Ms. Ewan: Typically, it's the first meeting of the month. Chair Hardemon: Right; it is the first. Commissioner Diaz de la Portilla: The first? Okay. Chair Hardemon: It's -- Commissioner Diaz de la Portilla: I'm the rookie here. Chair Hardemon: Listen. I will -- Commissioner Diaz de la Portilla: I'm the rookie here; I'm learning. City of Miami Page 80 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Chair Hardemon: -- tell you though, because the way that the agenda is printed -- I remember when I first started, it was like -- the boards and committees was something I always couldn't -- Commissioner Diaz de la Portilla: Okay. Chair Hardemon: -- I just waited until it happened. Commissioner Diaz de la Portilla: Exactly. Chair Hardemon: You know, so -- Commissioner Diaz de la Portilla: Well, thank you. Chair Hardemon: -- can you repeat it, please? M. Ewan: So just to confirm, the Downtown Development Authority is requesting confirmation of Jose Mallea. I have a motion by Vice Chair Russell. Commissioner Carollo: Where did -- Commissioner Diaz de la Portilla: Would the --? Commissioner Carollo: -- Commissioner Reyes go? He's the Chairman. Commissioner Diaz de la Portilla: Yeah. We have the Chairman as -- Commissioner Carollo: We need some guidance here. Chair Hardemon: He's right there smiling. Commissioner Diaz de la Portilla: Yeah. We -- Commissioner Carollo: Where's he at? Chair Hardemon: He was here and he left. Commissioner Diaz de la Portilla: Well, it's important, because I heard a name, and the name I've heard was interested in the Downtown Development Authority, so I think the Chairman of the Downtown Development Authority should be here. Vice Chair Russell: Of course. Commissioner Diaz de la Portilla: Right. Vice Chair Russell: Mr. Chairman? Chair Hardemon: Yes. Vice Chair Russell: So this would have been voted on by the board of the DDA (Downtown Development Authority) under Commissioner Reyes as Chairman. Chair Hardemon: Yes. Vice Chair Russell: And Mr. Mallea was recommended earlier as a replacement for the State appointment. The State has a full-time seat on the board, which was Neisen City of Miami Page 81 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Kasdin, who's termed out; and so, this would be the replacement for that seat if I understand correctly and -- Commissioner Reyes: Yes, sir, and -- Commissioner Diaz de la Portilla: Well, let me ask now. Would that be appropriate for this body to do today, or would that be -- Commissioner Reyes: Yes, yes, by statute. Commissioner Diaz de la Portilla: Well, it's Governor -- the Governor gets one appointment. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: And it's sent to us. And pick the -- you pick this person. Commissioner Reyes: No, no, no. Commissioner Diaz de la Portilla: The Governor appointed him. Commissioner Reyes: I didn't pick it. It is the Governor's appointment. What happened is that the government -- and we reached the Governor's office, and through -- and the -- and Janet, also, because we wanted to have this appointment in place. And they said that they are backed up, you know, in accepting all the appointments, and that this was not important. And what -- according to the statute, if it passes more than 30 days on the Governor appointment, the Chair has the right to, by resolution, to appoint the -- I mean confirm the Governor's appointee until they get to it. Commissioner Diaz de la Portilla: Right. Now, my understanding was that Neisen Kasdin was that appointee. If 30 days passed, they still waited, you know, they still requested another -- they gave him another 30 days. Commissioner Reyes: No. Vice Chair Russell: No. Commissioner Diaz de la Portilla: That never happened? Commissioner Reyes: No. He's not there anymore. Vice Chair Russell: He's termed out. Commissioner Reyes: He's termed out. Commissioner Diaz de la Portilla: Okay. But the Governor could have reappointed - Vice Chair Russell: No. Commissioner Diaz de la Portilla: -- him if we wanted? No? Commissioner Reyes: No. Vice Chair Russell: Termed out. City of Miami Page 82 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Commissioner Diaz de la Portilla: You could not? Okay. Commissioner Reyes: No, no. Commissioner Diaz de la Portilla: I'm asking -- no, hold on a second. I'm asking. Commissioner Reyes: Yes, sir. Commissioner Diaz de la Portilla: I have to deal with one Chairman here, okay? So let me deal with that one now, and then we'll get back to the former Chairman. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: This is your appointment, right? So you picked the same person the Governor had picked? Commissioner Reyes: Yes, because the government -- the Governor has the right to pick whoever they want. I mean, there is one appointee; it was the Governor's. And when I got there, he was appointed already. And, I mean, Neisen couldn't serve anymore. He had served 14 years, and he was termed out, okay? Commissioner Diaz de la Portilla: Okay. Vice Chair Russell: Mr. Chairman, and just for clarification, the Cabinet would normally put forward a recommendation, and they haven't done so, and they just and it's been well more than 30 days. Commissioner Reyes: That's right. Vice Chair Russell: It's been months and months; six months (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: I know; that's why I'm asking the question. Vice Chair Russell: Right. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: So the Governor didn't appoint Mr. Mallea; you picked him. Vice Chair Russell: Correct. Commissioner Diaz de la Portilla: That's what -- you picked him after the Governor did not -- failed to appoint, you --? Commissioner Reyes: No, no, no; he was appointed by the Governor and -- Vice Chair Russell: If I may. Commissioner Reyes: When I got there he was appointed by the Governor. Cristina Crespi: Hi. Cristina Crespi. I'm with the Miami Downtown Development Authority. So let me clarify; a little history. A couple years ago, Neisen was term limited. We had a nominating committee process that met in the summertime, recommended Jose Mallea as the appointee. We submitted it to the Governor's office. There was a change in Governor at the time, so that delayed it a little bit. And then City of Miami Page 83 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 we went up to Tallahassee a couple times to try to push it through. And like the Chairman mentioned, in -- this isn't a priority for them right now, but we did our fact - checking. They're okay with Jose Mallea as the appointee. Our board moved it forward, and now it's at the City Commission for ratification. Commissioner Diaz de la Portilla: So it's a board -- it has nothing to do with the Governor. It's a board appointment. M. Crespi: It's the State seat, so it's a Governor -appointed seat. Commissioner Diaz de la Portilla: No, no, no. That's not what I'm saying, M. Crespi. This is not -- this is the question. It's an -- this is not a gubernatorial appointment. This is the same name, the same person that the Governor failed to appoint that the board decided to appoint. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Okay. M. Crespi: Correct, recommended to the Governor. Commissioner Diaz de la Portilla: No. The Governor never appointed him. M. Crespi: No. Commissioner Diaz de la Portilla: The board did. M. Crespi: Right. Correct. Commissioner Diaz de la Portilla: Right. Okay, okay. That's the clarification that I wanted. M. Crespi: Yes. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: I just wanted to make sure -- Ms. Crespi: It's a timing issue basically. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Well, I know. I understand the process -- Ms. Crespi: Yes. Commissioner Diaz de la Portilla: -- up there, believe me. Commissioner Reyes: But you don't want me to get in trouble with the Governor. Commissioner Diaz de la Portilla: I want to be good with the Lieutenant Governor and with the Governor. I want to be in a good place, so. Commissioner Reyes: Okay, I know, I know. And thank you very much. Thank you. Thank you. Chair Hardemon: All in favor, say "aye." City of Miami Page 84 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 BC.12 5976 Office of the City Clerk The Commission (Collectively): Aye. 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 Keon Hardemon Commissioner Keon Hardemon IAFF FOP AFSCME 1907 AFSCME 871 City of Miami Page 85 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 BC.13 6959 Office of the City Clerk BC.14 1599 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 Manolo Reyes Commissioner Keon Hardemon 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 Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes City of Miami Page 86 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 BC.15 7254 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: Abigael Mahony Orlando Gonzalez ENACTMENT NUMBER: R-20-0083 NOMINATED BY: Commissioner Ken Russell Commissioner Joe Carollo MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Nicole N. Ewan (Assistant City Clerk): BC.15, Lesbian, Gay, Bi-Sexual, Transgender, Queer Advisory Board: Vice Chair Russell will be appointing Abigael Mahony and Commissioner Carollo will be appointing Orlando Gonzales. Vice Chair Russell: So moved. Commissioner Carollo: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion passes. City of Miami Page 87 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 BC.16 5451 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S COUNCIL ON GLOBAL COMPETITIVENESS FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Manolo Reyes Commissioner Keon Hardemon Commission -At -Large Commission -At -Large City of Miami Page 88 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 BC.17 7245 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI 21 REPORT AD HOC TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Natalie Duran (Elector) Alisa Cepeda (Elector) ENACTMENT NUMBER: R-20-0084 NOMINATED BY: Commissioner Joe Carollo Commissioner Keon Hardemon MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Nicole N. Ewan (Assistant City Clerk): BC.14 [sic], Miami 21 Report Ad Hoc Task Force: Chair Hardemon will be appointing Alisa Cepeda to the electoral category, with a preference in civil engineering, and Commissioner Carollo will be appointing Natalie Duran to the electoral category. Commissioner Carollo: Move. Commissioner Reyes: Second. Chair Hardemon: All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: Motion carries. Vice Chair Russell: Aye. M. Ewan: Thank you, Chair and Commissioners. That completes the Boards and Committees. Chair Hardemon: Thank you very much. Victoria Mendez (City Attorney): Commissioners -- Commissioner Carollo: There might be one other that I'll be bringing later after lunch if it's okay. Chair Hardemon: Okay. M. Ewan: No problem, Commissioner. Thank you. City of Miami Page 89 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 BC.18 6960 Office of the City Clerk BC.19 5199 Office of the City Clerk BC.20 7261 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI COMPLETE COUNT COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla 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: Commissioner Alex Diaz de la Portilla Commissioner Keon Hardemon Commissioner Keon Hardemon 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: Commission -At -Large City of Miami Page 90 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 BC.21 5039 Office of the City Clerk BC.22 3693 Office of the City Clerk RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Youth Member) RESULT: NO ACTION TAKEN 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. NOMINATED BY: Mayor Francis Suarez Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon Commissioner Keon Hardemon APPOINTEES: 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 91 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 BC.23 5453 Office of the City Clerk BC.24 5844 Office of the City Clerk RESULT: NO ACTION TAKEN 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 Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Keon Hardemon Commissioner Keon Hardemon RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Francis Suarez Commission -At -Large City of Miami Page 92 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 BC.25 7246 Office of the City Clerk RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Keon Hardemon City of Miami Page 93 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 7080 Commissioners and Mayor A DISCUSSION ON THE OUTSIDE EMPLOYMENT OF THE MAYOR. MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Note for the Record: Day." DI.2 DISCUSSION ITEM 7220 Commissioners and Mayor Indefinitely Defer INDEFINITELY DEFERRED Ken Russell, Commissioner Keon Hardemon, Commissioner Hardemon, Russell, Diaz de la Portilla, Reyes Carollo For minutes referencing Item DI.1, please see "Order of the A DISCUSSION REGARDING THE HUNDREDS OF THOUSANDS OF DOLLARS BEING SPENT ON THE PERSONAL SECURITY OF FRANCIS SUAREZ. MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Note for the Record: Day." DI.3 DISCUSSION ITEM 7225 Commissioners and Mayor Indefinitely Defer INDEFINITELY DEFERRED Ken Russell, Commissioner Keon Hardemon, Commissioner Hardemon, Russell, Diaz de la Portilla, Reyes Carollo For minutes referencing Item DI2, please see "Order of the A DISCUSSION REGARDING THE HUNDREDS OF THOUSANDS OF DOLLARS BEING SPENT ON THE LEGAL COSTS FOR REPRESENTING COMMISSIONER JOE CAROLLO. MOTION TO: RESULT: MOVER: SECONDER: AYES: ABSENT: Note for the Record: Day." Indefinitely Defer INDEFINITELY DEFERRED Ken Russell, Commissioner Keon Hardemon, Commissioner Hardemon, Russell, Diaz de la Portilla, Reyes Carollo For minutes referencing Item DI3, please see "Order of the City of Miami Page 94 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 DI.4 7255 City Manager's Office DISCUSSION ITEM A DISCUSSION REGARDING A PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS: 1. STARS OF CALLE OCHO WALK OF FAME CELEBRITY AND COMMUNITY RECOGNITION ADVISORY COMMITTEE 2. VIRGINIA KEY ADVISORY BOARD 3. VIRGINIA KEY BEACH PARK TRUST MOTION TO: RESULT: Continue by Unanimous Consent CONTINUED BY UNANIMOUS CONSENT Note for the Record: Item DL4 was continued to the April 9, 2020, City Commission Meeting. Chair Hardemon: There are -- there's just a couple outstanding things. Victoria Mendez (City Attorney): Chairman, I also have to read a statement before. Chair Hardemon: You have what? M. Mendez: I have to read a statement before. Chair Hardemon: Okay. We'll worry about that in a second. The -- there, under Boards and Committees, I think we have some annual reports by Boards and Committees. Are there any members of any boards and committees that are here for annual report? I don't see any, so then well continue this to the next agenda item -- the next agenda, rather. And we've officially conducted all of the business. END OF DISCUSSION ITEMS City of Miami Page 95 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE First Reading 6760 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3069, 3091, AND 3095 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AN INCORPORATED, AND BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE PROPERTIES LOCATED AT APPROXIMATELY 3040 CARTER STREET AND A PORTION OF 3065 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item PZ.1 was continued to the April 9, 2020, City Commission Meeting. For minutes referencing Item PZ.1, please see "Order of the Day." City of Miami Page 96 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 PZ.2 ORDINANCE First Reading 6761 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O," SUB -URBAN TRANSECT ZONE -OPEN, TO "T4-R," GENERAL URBAN TRANSECT ZONE - RESTRICTED, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3069, 3091, AND 3095 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, AND BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O," SUB -URBAN TRANSECT ZONE -OPEN, TO "T4-O," GENERAL URBAN TRANSECT ZONE - OPEN, OF THE PROPERTIES LOCATED AT APPROXIMATELY 3040 CARTER STREET AND A PORTION OF 3065 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; GRANTING THE WAIVER OF TIME LIMITS PURSUANT TO SECTION 7.1.2.8.G.7 OF THE MIAMI 21 CODE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item PZ.2 was continued to the April 9, 2020, City Commission Meeting. For minutes referencing Item PZ.2, please see "Order of the Day." City of Miami Page 97 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 PZ.3 1909 ORDINANCE MAY BE DEFERRED Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Planning ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.5, ENTITLED "DEFINITIONS OF ART IN PUBLIC PLACES PROGRAM"; ARTICLE 3, SECTION 3.17, ENTITLED "PUBLIC ART REQUIREMENTS"; AND ARTICLE 11, ENTITLED "ART IN PUBLIC PLACES PROGRAM," TO PROVIDE FOR PUBLIC ART REQUIREMENTS AND ECONOMIC INCENTIVES FOR PRIVATE DEVELOPMENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item PZ.3, please see "Order of the Day." City of Miami Page 98 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 PZ.4 ORDINANCE First Reading 5310 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21"); MORE SPECIFICALLY, BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS," TO MODIFY THE DEFINITIONS OF ATTAINABLE MIXED -INCOME HOUSING AND WORKFORCE HOUSING; BY AMENDING ARTICLE 3, SECTION 3.15, TITLED "AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO ADD NEW INCENTIVES INCLUDING A FLOOR LOT RATIO ("FLR") BONUS AND NEW MINIMUM UNIT SIZES FOR THE DEVELOPMENT OF PROJECTS, PROVIDING HOUSING FOR MIXED -INCOME POPULATIONS AT OR BELOW ONE HUNDRED FORTY PERCENT (140%) OF AREA MEDIAN INCOME AS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND TO PERMIT AFFORDABLE AND ATTAINABLE MIXED -INCOME DEVELOPMENTS ABUTTING A T3, "SUB -URBAN ZONE," TRANSECT ZONE BY PROCESS OF EXCEPTION WITH CITY COMMISSION APPROVAL; CLARIFYING LANGUAGE WITHIN MIAMI 21; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: Item PZ.4 was deferred to the May 28, 2020, City Commission Meeting. For additional minutes referencing Item PZ.4, please see "Public Comment Period for All Item(s). " Commissioner Reyes: Now we're going to be after lunch? Victoria Mendez (City Attorney): Well, we have a few pockets. Did you want to do them? Chair Hardemon: Before we get to pockets, we have some other agenda items that are on the PZ (Planning and Zoning) calendar, right? Vice Chair Russell: Yep. Chair Hardemon: So we have PZ.9 -- PZ.4, 9, and 10. Arthur Noriega (City Manager): IfI may, Mr. Chair? Chair Hardemon: You're recognized. Mr. Noriega: PZ.4, there's a request that it be deferred to the April -- Vice Chair Russell: Whose request? City of Miami Page 99 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Mr. Noriega: -- you want to do May? May, all right; to the May 28 Commission meeting. Chair Hardemon: The Chair would accept the motion to defer. Commissioner Carollo: Move. Chair Hardemon: It's been properly moved -- Commissioner Reyes: Second. Chair Hardemon: -- seconded to the -- what was stated on the record. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. PZ.5 RESOLUTION 6528 Department of Planning A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, GRANTING OR DENYING THE APPEAL FILED BY VILLAGE MONTESSORI SCHOOL OF A PLANNING, ZONING AND APPEALS BOARD ("PZAB") DECISION AND AFFIRMING OR REVERSING PZAB'S DENIAL OF AN EXCEPTION PURSUANT TO ARTICLE 4, TABLE 3 AND ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW A PRE- SCHOOL/CHILD CARE FACILITY FOR A MAXIMUM OF 190 CHILDREN ON THREE (3) PARCELS LOCATED WITHIN A "T4-R," GENERAL URBAN TRANSECT ZONE - RESTRICTED, AND "T6-8-O," URBAN CORE TRANSECT ZONE - OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1267 SOUTHWEST 22 STREET, 1292 SOUTHWEST 21 TERRACE, AND 2149 SOUTHWEST 13 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item PZ.5 was deferred to the May 14, 2020, City Commission Meeting. For minutes referencing Item PZ.5, please see "Order of the Day." City of Miami Page 100 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 PZ.6 6931 Office of Zoning PZ.7 6983 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY BECKER BOARDS MIAMI, LLC AND REVERSING/AFFIRMING THE DECISION OF THE CITY MANAGER'S DESIGNEE PURSUANT TO SECTION 62-609(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE LOCATION CHANGE OF MURAL PERMIT NO. 19-0012 TO THE PROPERTY LOCATED AT 78 NORTHWEST 37TH STREET, MIAMI, FLORIDA BY NTWW, LLC. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item PZ.6 was continued to the April 9, 2020, City Commission Meeting. For minutes referencing Item PZ.6, please see "Order of the Day." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY SET MIDTOWN, LLC AND REVERSING/AFFIRMING THE DECISION OF THE CITY MANAGER'S DESIGNEE PURSUANT TO SECTION 62-603 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPROVAL OF BECKER BOARDS MIAMI, LLC AS A QUALIFIED APPLICANT. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item PZ.7 was continued to the April 9, 2020, City Commission Meeting. For minutes referencing Item PZ.7, please see "Order of the Day." City of Miami Page 101 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 PZ.8 7022 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY SET MIDTOWN, LLC AND REVERSING/AFFIRMING THE DECISION OF THE CITY MANAGER'S DESIGNEE PURSUANT TO SECTION 62-609(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE LOCATION CHANGE OF MURAL PERMIT NO. 18-0041 TO THE PROPERTY LOCATED AT 70 NORTHWEST 37 STREET, MIAMI, FLORIDA BY BECKER BOARDS MIAMI, LLC. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item PZ.8 was continued to the April 9, 2020, City Commission Meeting. For minutes referencing Item PZ.8, please see "Order of the Day." PZ.9 ORDINANCE Second Reading 6797 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 3, TITLED "BUILDING FUNCTION: USES", TO REQUIRE AN EXCEPTION FOR MARINA USES IN "CS", CIVIC SPACE TRANSECT ZONES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: Item PZ.9 was deferred the March 26, 2020, City Commission Meeting. Chair Hardemon: PZ.9. Can you read it into the record, Madam City Attorney? Victoria Mendez (City Attorney): Did we not -- PZ.9, was this not that we -- ? Commissioner Diaz de la Portilla: PZ.10, PZ.10. Chair Hardemon: PZ.10 was the one that you said had to be heard after 5. Commissioner Diaz de la Portilla: No, it's -- Ms. Mendez: I apologize. I thought these -- PZ.9, the marina exception one, was reset. City of Miami Page 102 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Commissioner Reyes: That's right. That's right. Commissioner Diaz de la Portilla: Yes, that's correct. Chair Hardemon: No, I thought that we -- Commissioner Reyes: We don't want to be here until 5 o'clock. M. Mendez: Right. We talked about this. We mentioned notice. Chair Hardemon: Listen. Listen to me. Francisco Garcia (Director, Planning): No, no. Chair Hardemon: The vote that I had -- it was initially put on for an indefinite deferral, and then it was removed from that list of indefinite deferrals. Mr. Garcia: The first was the -- Chair Hardemon: It was definite, then it was indefinite, and then it was stricken all the way. You're recognized, sir. Mr. Garcia: May I clam? This was our intent, and I hope this reconciles with the action taken by this body. The intent was as follows: For PZ.9 to be heard today. We are ready to proceed. The only reason why the notice that said "may be deferred" appeared is by the time the agenda was published, the Planning, Zoning, and Appeals Board had not acted, but they did on a timely fashion, and recommended approval. So the item is ready for you to be acting on it today. Chair Hardemon: And in fact, it was not deferred or whatever. Commissioner Diaz de la Portilla: It was; that's -- I voted on PZ.9 -- Commissioner Reyes: Yes, sir. (INAUDIBLE.) Chair Hardemon: So I'm going to tell you what happened, because what I -- Commissioner Diaz de la Portilla: -- and so did he. Chair Hardemon: -- the notice that I have is that PZ.9 was listed by the Administration as a deferral. Commissioner Diaz de la Portilla: Yes; may be deferred. May be. Chair Hardemon: Then -- no, no. Commissioner Diaz de la Portilla: Maybe. Chair Hardemon: Yes, that's true. I'm talking about today. Commissioner Diaz de la Portilla: Okay. Chair Hardemon: There was a motion and we were talking -- we were discussing the motion. It was listed for possible deferral. And then it was taken from there and moved to the "indefinite deferral" list. And then it was removed from there, because we said that the PZAB (Planning, Zoning, and Appeals Board) had voted on it, and City of Miami Page 103 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 we were going to hear it today. And the City Attorney opined that there was no issue in us hearing it today, because PZAB had heard it. Commissioner Diaz de la Portilla: And then she said, "S p.m." Chair Hardemon: 10; for part 10, she said, "S p.m." Commissioner Diaz de la Portilla: Oh. M. Mendez: Right. And I believe -- Commissioner Diaz de la Portilla: Oh. I -- okay. M. Mendez: -- PZ.9, as well, because I misunderstood on -- Chair Hardemon: So you're saying PZ.9 is something that needs to be heard after 5, as well? M. Mendez: It's also one of the S p. m.-ers, unfortunately. Chair Hardemon: All right. Well -- Commissioner Diaz de la Portilla: So I move that we defer PZ.9 and PZ.10. Commissioner Reyes: And I second that. Chair Hardemon: PZ.10 has been deferred. PZ.9 will be deferred to the next meeting, without objection. Commissioner Carollo: Both of them? Chair Hardemon: Yes. Commissioner Carollo: Okay; to the next meeting? Chair Hardemon: Correct. Commissioner Carollo: Okay. Commissioner Reyes: The next meeting. Chair Hardemon: Without objection, that motion carries. Commissioner Reyes: Yes, sir. Okay. Chair Hardemon: Your -- Commissioner Diaz de la Portilla: We're victims of our own efficiency today. Chair Hardemon: Your own pocket items. Commissioner Carollo: Francisco. Commissioner Reyes: Now that I move -- Commissioner Carollo: Excuse me. City of Miami Page 104 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Chair Hardemon: We've got some -- we do have some pocket items. Commissioner Carollo: Mr. Chairman, can I get Francisco up here? Chair Hardemon: Yes. Mayor Francis Suarez: Thank you, Mr. Chair. Mr. Chair, I have a pocket item. Chair Hardemon: One second. One second, Mr. Mayor. You're recognized. Commissioner Carollo: Real quickly, Mayor, ifI can. Mayor Suarez: Yeah, go ahead. Commissioner Carollo: I just want to get on the record, because we're deferring the storage facilities, there's nothing that's going to be coming up that's going to sneak by before that, correct? Mr. Garcia: That is correct, sir, and the reason for that is that the moratorium is still in place. Commissioner Carollo: Okay. All right. Commissioner Diaz de la Portilla: What does that mean? Commissioner Carollo: Thank you. Mr. Garcia: Thank you. PZ.10 ORDINANCE Second Reading 6930 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY, BY AMENDING ARTICLE 6, TABLE 13, TITLED "SUPPLEMENTAL REGULATIONS," TO DISALLOW PUBLIC STORAGE FACILITIES IN A "T5," URBAN CENTER ZONE, AND "T6," URBAN CORE ZONE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Note for the Record: Item PZ.10 was deferred the March 26, 2020, City Commission Meeting. Commissioner Carollo: Chair, how many PZ (Planning and Zoning) items do we have left? Chair Hardemon: We have two left. Commissioner Carollo: Which ones are they? City of Miami Page 105 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Chair Hardemon: PZ.9 and PZ.10. All -- those are all by us, City Commission - related items. Commissioner Carollo: Are these going to be prolonged ones, or just formality ones? Chair Hardemon: You're recognized, sir. Francisco Garcia: Through the Chair, thank you, sir. Francisco Garcia, Planning Director. I expect them to be fairly straightforward. They're both second readings, and I think there is widespread consensus. Victoria Mendez (City Attorney): Which item were you discussing? Chair Hardemon: PZ.9. Mr. Garcia: PZs.9 and 10. Chair Hardemon: PZ.10. PZ.9 is on -- Ms. Mendez: PZ.10 I believe needs to be heard after 5 p. m. because it disallows uses. Chair Hardemon: Okay. So then -- Ms. Mendez: So it's a little different. It's one of those specific things in Florida Statute, so -- Chair Hardemon: Is there a motion to defer this item to -- Vice Chair Russell: I don't know if we're going to be here. Commissioner Diaz de la Portilla: I have a question. Is there any methodology that we can do a unanimous vote or something, and not have to wait till S p.m.; does that exist, Madam Attorney? M. Mendez: I apologize. Commissioner Diaz de la Portilla: Do we have to wait till 5 p.m.? Can we waive the rules like -- if it's a unanimous vote? M. Mendez: You have to wait till S p.m., unfortunately. Chair Hardemon: Well why -- well, that's -- Ms. Mendez: It's one of those things -- so there are several things that you can waive -- Commissioner Diaz de la Portilla: Right. M. Mendez: -- but this one is not one of them. Commissioner Diaz de la Portilla: Okay. So I move to defer then. Commissioner Reyes: I second it. I accept the deferment. City of Miami Page 106 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Chair Hardemon: Properly been moved and seconded to defer Item PZ.10 to our next Commission meeting. All in favor, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion carries. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 107 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 FL.1 7256 Department of Planning FL - FUTURE LEGISLATION ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY AMENDING APPENDIX A, TITLED "NEIGHBORHOOD CONSERVATION DISTRICTS," TO INCORPORATE ADDITIONAL HEIGHT ALLOWANCES AND FREEBOARD IN THE FLOODPLAIN; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 108 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 NA.1 7310 City Commission NA - NON -AGENDA ITEM(S) DISCUSSION ITEM MAYOR SUAREZ THANKED COMMISSIONERS FOR THEIR SUPPORT AND LEADERSHIP IN RESPONSE TO THE CORONAVIRUS DISEASE 2019 (COVID-19) AND ANNOUNCED THAT THE CITY OF MIAMI WILL ENTER INTO A STATE OF EMERGENCY TO ENSURE RESIDENTS' SAFETY AND CONTINUITY OF GOVERNMENT. RESULT: DISCUSSED Mayor Francis Suarez: Mr. Chair, ifI may be recognized? Chair Hardemon: Sure, go ahead. You're recognized, Mr. Mayor. Mayor Suarez: Thank you, Mr. Chair. First and foremost, I want to thank our Commissioners for standing side by side with me throughout the recent Coronavirus developments over the last several days. From Commissioner Carollo and Reyes to Commissioner Russell, Diaz de la Portilla and Hardemon, all of you have played a key role in allowing us to speak in one voice, as one city, united to communicate essential safety and health information to our residents. You have all been accessible, proactive and outwardly supportive of the actions we've taken as a team. I'm encouraged by the actions of other local leaders who are now following our lead, like Mayor Gimenez, on issues like cancelling mass events like the Youth Fair and Jazz in the Garden, which I was just informed that were cancelled. With Coronavirus still being an evolving situation, we have had to make some very difficult decisions, but decisions I know were made in the best interest of our residents' well-being. Given the most recent developments during the first documented -- including the first documented case in Miami -Dade County, I am announcing at 2 p.m. today that the City of Miami will be entering into a state of emergency. I'm asking all the Commissioners if they're available to attend the press conference at 2 p.m. and we will be detailing what precisely measures the City will be taking in conformity with that state of emergency. We're doing this to protect our seniors and to maintain the orderly function of our government during this period. What we, as public servants, were elected to do at the most fundamental level is to protect our residents' safety and wellness, and we are doing this as a team. This speaks to our leadership and our renewed commitment to working together and turning the page as an elected body, a vision I know our new City Manager Art Noriega and I share together, and will lead with. Later... Chair Hardemon: Mr. Vice Chairman, you're recognized. Vice Chair Russell: Thank you, Mr. Chairman and thank you, Mr. Mayor. I'd like to understand from our City Attorney how things change under a state of emergency, and in particular, what flexibility we may have as a Commission that in order to have functioning meetings in the coming weeks and months, quorum requirements, voting requirements, potential remote appearance and attendance if someone is quarantined. What would the procedure need to be for us to enact any changes to our procedures? City of Miami Page 109 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 NA.2 7311 City Commission Victoria Mendez (City Attorney): When the Mayor declares a state of emergency, there are flexibilities with which procurement can be done, shorter meetings and what have you. With regard to remote meetings, the Commission is not allowed to have remote meetings. We're working with the Governor's office to see if there is any dispensation of the sunshine law for purposes of emergency, but right now there is none. Vice Chair Russell: So that's not in our Code or Charter; that's in the state level. It's a State statute. And so in order to change that, it would be by the State. M. Mendez: Right. Vice Chair Russell: Thank you. M. Mendez: So we're working with the Governor's office and hopefully we can get some assistance from our State contacts here, and we'll work on that. Mayor Suarez: And Mr. Chair, at 2, we're going to be announcing, along with the City Manager, some procedures for MRC (Miami Riverside Center) and for working conditions throughout the City. Chair Hardemon: Okay. Thank you very much, Mr. Mayor. DISCUSSION ITEM MAYOR SUAREZ OFFICIALLY RECOGNIZED NEWLY APPOINTED CITY MANAGER, ARTHUR NORIEGA, V AND THANKED THE COMMISSION FOR ITS UNANIMOUS VOTE IN APPROVING THE APPOINTMENT OF MR. NORIEGA. RESULT: DISCUSSED Mayor Francis Suarez: Speaking of our new City Manager, I want to take a moment to officially recognize our new City Manager, Art. Though he has already sat in our last Commission meeting as City Manager, I think it's important to highlight what his appointment signifies for our city. Mr. Noriega marks a new era for the City of Miami. He stands in a unique position to build coalitions and instill a culture of collaboration, unity and pride in our government. He has proven himself as a bold advocate for solutions by fostering a positive working environment relationship with elected officials and with community stakeholders. Mr. Noriega brings a wealth of institutional knowledge and organizational experience that can build bridges internally and externally. I am thankful and grateful to the Commission for their unanimous vote, which is a resounding endorsement of their confidence in his ability to do just this, and I am optimistic about our future. I strongly believe Mr. Noriega will promote a new age of cooperation and unity where we shed the political distractions that get in the way of progress in ways that will make us all proud. He has already shown us his commitment to working together through these difficult last few days involving the Coronavirus. A new day is upon us here in the City. We must seize the moment and use it as an opportunity to start anew, to uncover our untapped potential and most of all, to work together to solve the issues that matter the most to our residents. And so, I really appreciate all of your work and being so accessible over these last few days as we have dealt with this crisis for our residents. Thank you. Thank you, Mr. Chair. Chair Hardemon: Thank you very much. City of Miami Page 110 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 NA.3 7312 City Commission DISCUSSION ITEM DISCUSSION REGARDING ULTRA MUSIC FESTIVAL AND THE EXISTING REVOCABLE LICENSE AGREEMENT WITH EVENT ENTERTAINMENT GROUP, INC AS IT PERTAINS TO HOSTING FUTURE EVENTS. RESULT: DISCUSSED Chair Hardemon: You're recognized, Mr. Mayor. Mayor Francis Suarez: Thank you, Mr. Chair. So obviously, we had to make a very difficult decision a couple of weeks ago to cancel Ultra. In those discussions, which I'm grateful for Commissioner Carollo's presence at -- since Ultra was being staged at Bayfront Park -- one of the things that we discussed with the group is we have a cancellation for convenience clause after every event, and since they were effective losing this event, because it was going to be postponed till next year that we would waive the cancellation for convenience provision for next year; meaning that they would have a guaranteed event in 2020 [sic]. The Commissioner was gracious enough to co-sponsor it with me, and to commit to his support of that. Obviously, not all the Commissioners could be there, so this is based on your consent, unified consent, but we felt that this was the fair thing and the right thing to do given the action that we took. I think the action that we took then, some criticized as being premature, and now I think everybody is unified in saying that, you know, events like South by Southwest, now the Youth Fair, the Miami Open -- you know, all these events are being cancelled today, and I think now people see the wisdom in that cancellation; not only that, they saved millions of dollars by us making the decision the day that we made it, because it was two days before their load in. And so, all of the production costs that they would have spent, but for that decision, would have been a loss, because they didn't have insurance to protect against that loss. Commissioner Carollo: And Chair -- Chair Hardemon: You're recognized. Commissioner Carollo: -- if I may add, I'd like to thank the Mayor and the Manager that when I spoke to them on this issue, they didn't flinch for one second. They saw the harm that -- the potential harm that this could cause our residents. Everybody immediately spoke as one voice to protect our residents, and I think we've all seen now that the City of Miami has led the way for many other cities in our own country, including, as we see now, many of our own neighbors. And we took those actions for good reasons. You have to get ahead of the Coronavirus if you're going to be effective in trying to stop it. So if anything, we did the right thing at the time, and now we as a City have to regroup, and see what more we can do, because it's hit Broward, and you're going to see more cases there, obviously. It's working its way down towards us, and we have to be as prepared as I can. And particularly, the area that should concern all of us the most, the biggest concentration of senior citizens anywhere in South Florida, especially in Miami -Dade County, is in the City of Miami. You know, when we talk about the lunchrooms they go to, those are a handful or so; no more than two handfuls. But we have numerous, dozens and dozens of affordable housing, Section 8s and others of elderlies in our City; in my district, Commissioner Hardemon's, Commissioner Diaz de la Portilla, Commissioner Reyes. There are even some in Commissioner Russell's district. And combined, that's a huge number of people. And while we don't control those buildings -- certainly, their lunchrooms -- we are also responsible to make sure that they're going to be protected as much as they can, and we have to make plans towards that and in protecting them in those buildings, because all you need is to get City of Miami Page 111 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 one person that's infected, and that could cause an uproar. I was recently speaking to some of the best people that know about this, and they were telling us about one guy alone; that because of his infection, they've already brought it to at least 50 other people that have been infected, because of one person that was infected. So these are the things that this City is trying to put all its resource together. And I'd like to personally, and publicly, and particularly thank our Fire Chief because he's been up front, very active in this, and he should be acknowledged. Thank you. Chair Hardemon: You're recognized, Commissioner Reyes. Commissioner Reyes: Yes. And I do agree with Commissioner Carollo that we have a very fragile population that is -- I mean, it is very -- it's so high that we don't know how many retirees and people over 65 are in Miami. And I will ask the Commission -- I mean my fellow Commissioners to join me in an effort that I started last week that I took the initiative of bringing hand sanitizers and instruction on how to proceed and try to avoid contact. And thanks to what the Fire Department, the flyer that they were distributing, I brought it to (UNINTELLIGIBLE), which is a senior center, you know, and also to the residences in Smother, and we went door to door, and they received the hand sanitizer plus the instructions. And we're going to repeat that next week, and we're going to -- and I'm going to take this opportunity to thank the Downtown Development Authority. They have purchased some hand sanitizers, and through them, we could purchase from them at cost. And as I do understand, an email was sent to all the Commissioners. I purchased -- my office purchased at cost from them, and that was the way that we were able to obtain those hand sanitizers. Now we are in contact with the supplier, and we have ordered 2,000 more for the senior centers in those two areas, and I think that we should expand that, and all of us in our district, you see; particularly to the seniors, because they are -- we -- I mean, I'm a senior -- the seniors, we are the most vulnerable. And now I have to include Joe Carollo on it, because he is a senior. He is now -- today, he is an official senior, official senior. So -- and I will -- I'm asking for everybody to join in that effort. Commissioner Carollo: Make sure that when you say, "we," you mean, "us," because some of our colleagues might think that we're talking the other "we" that they were used to a couple of weeks ago. It's "us." Commissioner Reyes: "Us "; "us here." Us two here. Commissioner Carollo: Seniors. We -- Chair Hardemon: So Commissioner -- Commissioner Reyes: This is the senior side. Chair Hardemon: Mr. Vice Chairman. Vice Chair Russell: Thank you, Mr. Chairman. I've obviously had a rollercoaster relationship with Ultra. On one hand, I do believe in the festival, and I actually like the music very much myself. But we've had issues with the moving, with the license deal, with the residents. But that tough love I believe has given us the potential for a better Ultra. They've become more environmental, based on their experience in Virginia Key, and they're carrying that on. This was going to be their probationary year to prove to us they were going to be a better neighbor in terms of open access at the park, changes in decibel and hertz level for base, lights, and so many things. And I want to believe in them, and I was looking forward to really monitoring this year to see that they do that. So I certainly believe they should have a right and chance to come back next year to make up for that. The two-year issue is one City of Miami Page 112 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 concern I have, though. If -- I read in the legislation, which I'm seeing for the first time now that we're trying to mitigate their losses. I spoke with them yesterday, and they are not issuing refunds to anyone. So they're getting the full revenue of this concert without having to run this concert. True, they will have some of their normal expenses, because they're going to lose the deposits with the artists, they're going to lose the deposits with certain vendors, but there's many vendors that they won't be paying, and many people that won't get paid in the process. So, really, I don't know that -- how -- they may be whole financially this year. And giving them next year makes up for the loss of this year, if there is any, but a two-year renewal means that we are not putting them through the probationary process that we were going to, to see that they're a better festival. Furthermore, bringing this today as a pocket does not give notice to the residents of my district who may have had an opinion on that two-year renewal. We would normally have a notice issue unless it's an emergency - timely thing. Cancellation was an emergency, but offering a two-year renewal maybe should go through the proper notice process so residents can weigh in. I just don't want to expose us to those -- Chair Hardemon: I'm trying to under -- Vice Chair Russell: We're in a lawsuit now with them. Chair Hardemon: When I read this -- I'm trying to understand. I didn't take it as a two-year renewal. I took it as we have a right to cancel after each -- Mayor Suarez: Yeah. Vice Chair Russell: Normally. Chair Hardemon: And so, they're not having it this year. So then next year, which is 2021, there would not -- we would not exercise that cancellation right. And so, therefore, they would come back in 2022. Mayor Suarez: Correct. Chair Hardemon: So it's still -- it's not a two-year renewal. Mayor Suarez: One year. Commissioner Carollo: Yeah. Chair Hardemon: It's one year. Mayor Suarez: Yeah, it's one year. Vice Chair Russell: If I'm not mistaken, we're waiving our right this year to -- Chair Hardemon: No; this year there's no event. Mayor Suarez: There's no event this year, yeah. Commissioner Carollo: Yeah. There's no event this year. The event for this year is going to be held next year. Vice Chair Russell: Yeah. Commissioner Carollo: They can't make it up this year. In fact, we don't even know what's going to happen with all this, this year, so. City of Miami Page 113 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Mayor Suarez: And Mr. Chair, if I may? Chair Hardemon: You're recognized. Mayor Suarez: You know, there's certainly, I'm sure, lost profits that are significant, and I'm -- you know, I don't want to subject the City to a lawsuit, either. And I think this was something that was done in good faith. You know, they were the first event that we cancelled. You know, we cancelled it at a time where I think some would -- well, some did argue that it was premature. And I think now they're seeing the wisdom and the reason why we did it. But I think it was a show of good faith on our part that if we were going to take this step early that this was something that we could do to give them an additional year. The Commission maintains the right to cancel them for convenience beyond that, and this only gives them one additional year, because this year is postponed to next year. Commissioner Carollo: That is correct. Commissioner Diaz de la Portilla: But I think there's a change in the "whereas" clause -- right? -- in one of the "whereas" -- Mayor Suarez: You can change the "whereas" clauses if you want. Commissioner Diaz de la Portilla: Okay. But there's one that says -- it's important I think, and maybe the City Attorney -- or you, the Mayor -- Mr. Mayor, you can clarify for me. "Whereas the City also wishes not to oppose" -- not to oppose -- "the licensee's intention to host event at the property in 2022." Chair Hardemon: That's it. Commissioner Diaz de la Portilla: That's -- Chair Hardemon: That's it. Commissioner Carollo: Yeah. Chair Hardemon: So in 2021, which is next year -- Mayor Suarez: Right. Chair Hardemon: -- we have the right -- Mayor Suarez: To cancel. Chair Hardemon: -- technically, we have the right to cancel for 2022. Mayor Suarez: Right. Chair Hardemon: So this language basically says that we're not going to exercise that right -- Commissioner Diaz de la Portilla: Right. Chair Hardemon: -- to cancel in 2022. That's the one year. Vice Chair Russell: That's incorrect. City of Miami Page 114 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Commissioner Diaz de la Portilla: No, that's incorrect. The first year is 2021. Commissioner Carollo: Yeah. Commissioner Diaz de la Portilla: The second year is 2022. "Whereas the City" -- Chair Hardemon: No, no. Commissioner Diaz de la Portilla: Yes. "Whereas" -- the first year is '21; the second year is '22. This is '20, the one that's cancelled -- "the City also wishes not to oppose the licensee's intention to host the event at the property in 2022," it says in here. Chair Hardemon: Right, that's when it would apply. You -- Commissioner Diaz de la Portilla: No, no, no. Chair Hardemon: -- remember, the cancellation is after the event; not before. Commissioner Diaz de la Portilla: That's not the way I'm reading it. Vice Chair Russell: Mr. Chairman, if you look to the previous "whereas" clause, it's very telling; it's contradictory to what was stated earlier. Commissioner Diaz de la Portilla: Right. Vice Chair Russell: "Whereas, in order to mitigate the mutual losses associated with the event's postponement in 2020, the City wishes not to exercise its cancellation authority" -- Commissioner Diaz de la Portilla: Authority. Vice Chair Russell: -- "under the agreement for 2021." So we are waiving our cancellation for 2021. We're giving them 2021, guaranteed. Mayor Suarez: Yeah. Vice Chair Russell: And then in the next "whereas" clause, we're also waiving -- Chair Hardemon: No. Mayor Suarez: No, no, no. Vice Chair Russell: 2022. Chair Hardemon: So hear what I'm saying. Mayor Suarez: No, no. Chair Hardemon: Let's say it, and then, you know, we can have the City Attorney chime in. Mayor Suarez: Okay. Chair Hardemon: My position is this: The "whereas" clause that you read on Page 1 of 2, "In order to mitigate the mutual losses associated with the event's postponement in 2020, the City wishes not to exercise its cancellation" -- City of Miami Page 115 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Commissioner Carollo: Exercise. Commissioner Diaz de la Portilla: Exercise. Chair Hardemon: -- "exercise its cancellation authority on the event in 2021." Commissioner Diaz de la Portilla: Correct. Chair Hardemon: So you can't -- so now, in 2021 -- Commissioner Diaz de la Portilla: You can't. Chair Hardemon: -- if you don't exercise, then in 2022, you're allowed to have it. So that's why the next one says, "The City also wishes not to" -- it spells it out even clearer -- "oppose the licensee's intention to host the event in 2022." So basically, you're not exercising it in 2021 -- Mayor Suarez: Yeah. Chair Hardemon: And then you won't oppose them having the event in 2022, because in 2021, the cancellation is for next year. Vice Chair Russell: I believe you're -- with due respect, I believe you're reading it incorrectly. "The City wishes not to exercise its cancellation authority under the agreement for the event in 2021." That means we're not exercising this year's cancellation ability for 2021. Commissioner Diaz de la Portilla: We can't cancel '21. Vice Chair Russell: We're guaranteeing them they've got 2021 -- Mayor Suarez: No. Vice Chair Russell: -- through this "whereas." Chair Hardemon: For the event in 2021. Mayor Suarez: No, no, no. Commissioner Diaz de la Portilla: That's the way I'm reading it. Vice Chair Russell: I just believe it should be on a proper agenda so I can go through a briefing with Administration, my residents can be notified of this and come and speak, and then we can vote on it with due notification, because I think there's misunderstanding on the intention and the -- it's just dropped on us, and it's not really an emergency to make this heavy of a decision. Commissioner Carollo: I don't think there's anyone in this Commission that has opposed Ultra coming to Bayfront Park more than I However, as the Mayor said, this is the first major event that was being cancelled. We made also a decision based in trying to not just be fair, but at the same time, avoiding additional legal problems for the City to get involved in that would be major at the time. And I agreed with the Mayor at that time, based on that; that they are going to have some major losses. Vice Chair Russell: What? City of Miami Page 116 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Commissioner Carollo: Well, there's a lot that goes into this. There's a lot of money they put up front already on a lot of this; a lot more -- Vice Chair Russell: But they're getting all their revenue. Commissioner Carollo: -- than we know here, but I'm sure they could show a big laundry list. The fact that it appears they're not giving monies back, that's a big "if. " You know, obviously, they're going to try it that way, but you know that they're going to be involved in litigation with that, and they're going to have to make changes, I would imagine, on that, also. So I gave my word for solid reasons; not because I want them there. Bayfront Park is not even making a penny on that, and I have serious problems still with that. But I gave my word for solid reasons as I stated, and I'll make a motion to that effect. Mayor Suarez: And thank you. Mr. Chair, if I may. Chair Hardemon: It's been properly moved. Is there a second? The Chair seconds it for discussion. Mayor Suarez: Thank you, Mr. Chair. So I just want to be clear as to what is happening here, because I think there's some discussion and debate about the language, and I think that's important, because I think -- I hope that we're on agreement on the objective, and if -- even if there's maybe a confusion on the language, okay? So this year's event is being postponed. The postponement of this year's event will be till next year. So this year, we're not waiving the right to cancel, because this event has not happened, and the right to cancel is subsequent to the event happening. So the event will be happening next year, and the right to cancel is 60 days subsequent to the event occurring. And so, what the resolution says -- and I didn't draft this. This was drafted by the City Attorney. It says that we wish not to exercise our cancellation authority under the agreement for the 2021 event. That means that there will be a 2022 event. And the next "whereas" clause says that the City wishes not to oppose the licensee's intention to host the event at the property in 2022. That does not mean that we're waiving the right to cancel subsequent to the 2022 event, and if you want, we can -- Commissioner Diaz de la Portilla: No, no. I'm sorry; I didn't mean to interrupt. Mayor Suarez: No, no; go ahead. Commissioner Diaz de la Portilla: I'm sorry. I'm trying to follow. Mayor Suarez: We can include that though if you want to be clear. Commissioner Diaz de la Portilla: So you're saying then that we can't cancel '22 event; what you said right now? You said, "'22," when you finished your -- when I interrupted you. Mayor Suarez: Yeah. Commissioner Diaz de la Portilla: So we can't cancel the '22 event. Mayor Suarez: Correct. Commissioner Diaz de la Portilla: We cannot cancel the '22 event. Mayor Suarez: Correct. City of Miami Page 117 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Commissioner Diaz de la Portilla: That's the way I'm reading it. Mayor Suarez: That's correct. Commissioner Diaz de la Portilla: Okay. So I was correct. So we in essence are giving them the one that they cancelled now back -- we're giving it back to them, and we're giving them the '22 event. Mayor Suarez: No. Let me explain again. Commissioner Diaz de la Portilla: Okay. Mayor Suarez: So they were going to have an event this year, right? This year, after this event, we had the right to cancel them for 60 days. Commissioner Diaz de la Portilla: Right. Mayor Suarez: The event this year did not happen; it's happening next year. Commissioner Diaz de la Portilla: Okay. Mayor Suarez: Right? So they had no event this year. Next year, they're having an event. The right to cancel subsequent to that event is what we're waiving so they can have another event. Commissioner Diaz de la Portilla: Right. There's two events. Mayor Suarez: Well -- Commissioner Diaz de la Portilla: So in other words, we're giving the event back, but if we want to cancel that -- let's say -- okay, let me give you -- let me put it in laymen's terms. If something bad happens in one of these -- in this event in 2021, and then we say, "We don't want them here anymore, " for whatever reason, we don't have that option -- Mayor Suarez: Correct. Commissioner Diaz de la Portilla: -- anymore. Mayor Suarez: Correct. Commissioner Diaz de la Portilla: We can't say, "no." You know, that's concerning to me. Mayor Suarez: But let me explain. Commissioner Diaz de la Portilla: That's concerning to me, because what if something bad happens? Mayor Suarez: Well, that's what's in the agreement right now. In other words -- Commissioner Diaz de la Portilla: Well, we can change the agreement. Mayor Suarez: -- so every -- in this agreement right now, after every event, we have a right to cancel -- Commissioner Diaz de la Portilla: Right. City of Miami Page 118 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Mayor Suarez: -- within 60 days. What we're doing is we're waiving that right for one year. You understand what I'm saying? Commissioner Diaz de la Portilla: Yes, I understand. I'm following you completely. Mayor Suarez: So we have that right. If we're not waiving that right, if we don't do this, we're not doing anything. So, I mean, it's either we -- you know. So the conversations that we had with the event organizers was, "Look, we are postponing your event, " right? This is -- "You're going to be the first event that's postponed, and you're going to lose a significant amount of profits, I'm sure. And there may be lawsuits, et cetera, et cetera," right? So there is financial risk, there's loss of profit, et cetera. So the event will be happening next year. Instead of us having the right to cancel that event next year -- which, by the way, we have that right anyways, right? We would have that right. Had this event happened this year and the Commission decided not to cancel it, they would have the event next year, and we would have a right to cancel that event next year. Vice Chair Russell: Right. So -- Mr. Chairman? Chair Hardemon: Yes. Vice Chair Russell: So -- Mayor Suarez: So they're getting one event. Vice Chair Russell: -- the ninth "whereas" clause and the 10th "whereas" clause are clear -- Victoria Mendez (City Attorney): IfI can -- Vice Chair Russell: -- if I'm not mistaken, we are not exercising our cancellation authority under the agreement for the '2021 event; that's the ninth "whereas" clause. And the 10th "whereas" clause also wishes not to oppose the licensee's intention to host 2022. Chair Hardemon: But it's a different statement. They -- Commissioner Diaz de la Portilla: If I may? Vice Chair Russell: Well, here's my point, and it goes to what Commissioner Diaz de la Portilla is saying as well: We are losing our leverage after the 2021 event, next year's event; that if they do not do all the things that they promised with regard to sound, noise, light, park access, everything else, environmental, we are -- we don't have the leverage at that point to say, "no, " for 2022 if we do this. I'm happy to give them 2021. My concern is on 2022. And furthermore, I do have a legal concern about the lawsuit that is currently against us with Ultra involved that we are inviting more litigation if we simply pass this here now. Commissioner Diaz de la Portilla: And I'll tell you -- Mr. Chairman, if I may? And I'll tell you my concern. My concern is that -- what I said. If something bad happens, we -- our hands are tied, and if we don't like something, and the City's now liable to Ultra if we decide to -- we can't come here. We can't cancel the event. Mayor Suarez: Yeah, of course. Commissioner Diaz de la Portilla: We can? City of Miami Page 119 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Mayor Suarez: We have a cancellation for cause provision. Commissioner Diaz de la Portilla: Right. So -- Mayor Suarez: But this is a cancellation without cause. Commissioner Diaz de la Portilla: -- my question is, what's the urgency? Why not just say, "We're going to have it next year," and have a broader debate when the Commissioner from the district feels more comfortable with it? Chair Hardemon: I can -- Commissioner Diaz de la Portilla: I mean, it's just my concern. Chair Hardemon: -- give some kind of perspective on that. I would say it's because every year, Ultra faces an uphill battle about whether or not it's going to occur. Commissioner Diaz de la Portilla: There's a reason for that. Chair Hardemon: Well, I'm just -- you asked me why, so this is what I believe. Commissioner Diaz de la Portilla: There's a reason for that. Chair Hardemon: So what Ultra basically says is, "Look, can we have some breathing room for one year so that people will know that we are coming, so that people will know that we're planning, and there's not this waiting game as to whether or not we're actually going to occur within the City of Miami?" I think that's part of it. Ultra has been around for a long time, obviously. It doesn't appear that they're here for the short term. They want to be here for the long term in the City of Miami. But I think that is part of what their worry is. And I also want to say that -- and I haven't spoken to anyone at Ultra regarding this. As a matter of fact, I was on Miami Beach most recently with the League of Cities, and there's still an appetite for other cities to have the event, you know, and that's something that we should always consider, as well. I'm not saying that that means that we -- Commissioner Diaz de la Portilla: But that's always the argument. They're always - Chair Hardemon: No, no, but -- Commissioner Diaz de la Portilla: -- that's their leverage. Chair Hardemon: My point is -- Commissioner Diaz de la Portilla: We're giving them their leverage and we're letting them have their leverage. Chair Hardemon: -- that I don't think that it is -- I don't think it's posturing. I think when we lost them last time, we lost them, and then we got them back. But -- Mayor Suarez: Yeah. Chair Hardemon: -- this -- to be clear, you know -- please, I want the City Attorney to speak about it. The way that I understand this is that in 2021, they're able to have the event. In 2021, we'll be waiving our right to cancel without cause so that in 2022, they can have the event. And the "whereas" clause that is on Page 2, the first City of Miami Page 120 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 "whereas" clause states that the City wishes not to oppose the licensee's intention to host the event at the property in 2022. And that, to me, is a statement in and of itself that says that the City is not going to do anything to keep them from having necessarily the event in 2022, which is not another year; it is the same year that's being referenced in the "whereas" clause before where they don't -- we're not exercising our cancellation of the event in 2021. So you're not cancel -- it's not that we're cancelling the 2021 event. The 2021 event would happen, and we won't exercise the cancellation provision for 2022; that's what it is. Mayor Suarez: Yeah. And Mr. Chair, if I just may add, you know, the -- and it's -- and I apologize, because we obviously can't have everybody in the discussions at the same time for sunshine reasons when we're dealing with some of these decisions. First, you know, it was all made in good faith. I think in the case of Calle Ocho, as well, you know, we're probably going to come back to the Commission at some point with some sort of help package, because that's a nonprofit; it helps people in the community. In this case, you're not talking about a nonprofit. This is a for profit entity, and we didn't think the City would give any money or do anything like that to mitigate the losses that they're experiencing. Certainly, they could have sued us and challenged us in court for our declaration. This was something that was agreed to. And as the Commissioner said, he's probably been the one that's been most oppositional, you know, to -- including yourself, Vice Chair -- having it at that venue and was, you know, I think acting in good faith, as well, when we offered this and proffered this; understanding that it comes to the Commission and the Commission has to make the final decision, of course. And so, I think if the concern is that we cannot cancel the 2022 event, if that's the concern, then I think that can be added in the sense of -- I'm sorry -- you know, post-2022. So here is -- if we had the event this year, we'd have the right to cancel at the end of this event. That did not happen, so we're waiving one year's right to cancel. Instead, the event's happening next year, and that's being done in -- you know -- in consideration to the fact that they've lost profits; in consideration to the fact that we cancelled their event first, and that's why we extended that potential benefit. Chair Hardemon: Mr. Vice Chairman. Vice Chair Russell: Thank you. I do understand from a business perspective the uncertainty that Ultra's faced over the last two years with regard to the political climate, working out the lease, working with the residents. But I'm very proud of what they have come to the table with in terms of a new Ultra when coming back to downtown. And I'll say this right now on the record that if they come through with those promises on all of that mitigation, I will vote in favor if it comes before us, or I will not exercise a vote to cancel 2022 if they come through in 2021. And that's a big statement, because there's many of my residents who would want me just to vote "no" every year. But I'm saying I believe in this festival if they're a good neighbor. And I understand the hardship of downtown, but I understand, also that we're willing to put up with certain things to see a vibrant, successful downtown. I see the benefits to our hotel. So if they do what they promise in 2021, I will absolutely be in favor of them coming back in 2022. But I lose that leverage if we simply give them 2021 and 2022 right now. I could be in for two years of abusive noise, hours, park access, environmental, you name it. I believe they're acting in good faith, but we need that; that's why we have this clause, and I believe we should hold it for 2022. I'm happy to vote if it's just about 2021 for now, but I can't be supportive of -- Mayor Suarez: Mr. Chair, if I may? Chair Hardemon: It's just about 2021. City of Miami Page 121 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Mayor Suarez: It's not about 2021, because the Commission already made a decision to have the event this year, so that decision has already been made by this Commission; rightfully or wrongfully, the Commission made that decision. And so, this event -- they had the right to have this event. The question is, would they have a right to have a subsequent event? And what we're saying is that because of this situation, we felt that -- we were not going to give them any money -- you know what I mean? -- for lost profits. We didn't want to get sued, either, and we thought the most prudent thing, the most prudent compromise was to say, "Look, we will guarantee you one additional year that you did not have and then -- and I spoke with all of you about it. I thought there was consensus on it. I apologize that we couldn't do it before the fact, obviously, because this is something that happened in real time. But, you know, that's -- if there's a drafting issue that is confusing, I -- you know, our City Attorney can talk to that, but I think that's what we're talking about here. Chair Hardemon: Commissioner Reyes. Commissioner Reyes: Yes. I've been hearing and I've been listening to all of you, and it is true that by not opposing -- I mean stating that we will not oppose 2022; that we're tying our hands, and it doesn't matter what happen. Then we won't be able to oppose or tell them, "Get out of here. We don't want you here." Commissioner Russell also has a point, because I, myself, I had requested certain things that should be done, according to decibels, communication with the residents, et cetera, et cetera. I think that we might get a -- I mean, it's just a suggestion that -- in the "whereas" that the City also wishes not to oppose the licensee intention to host the event properly in 2022 is providing that they have met all the requirements that we have placed, you see, because if they don't show that they are the new Ultra, as they have told me also, that they are going to be more -- I mean, they're going to try to accommodate the neighbors, as they promised they would, and they will have -- listen to their input, and talk, and work with them. Then I know that this Commission is not going to grant an additional year. But, I mean, I don't know if my fellow Commissioners accept that we include a proviso here. Chair Hardemon: Mr. Clerk, I'm listed as the seconder on this motion. I withdraw my second. This needs to just go on the regular agenda for the next meeting, so we're not hearing that item anymore. We're not hearing the resolution that was just being proffered, so I withdrew my second. It doesn't appear that there's going to be another second, right? Commissioner Diaz de la Portilla: Well, well, hold on. Richard Perez: Chairman -- Commissioner Diaz de la Portilla: Calm down. Chair Hardemon: I'm just saying we want to move forward. (MULTIPLE PARTIES SPEAKING IN UNISON) Chair Hardemon: I heard three Commissioners -- Commissioner Diaz de la Portilla: Yes. That's also -- Chair Hardemon: -- one, two, three Commissioners discuss -- Commissioner Diaz de la Portilla: -- the votes probably are not there the way it's written, but that's okay. I think in fairness that -- and the Mayor has a proposal and City of Miami Page 122 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 he's -- the event was cancelled. I think we should hear from the Ultra representative Chair Hardemon: That's fine. Commissioner Diaz de la Portilla: -- at least have some conversation about it, and then we do what we need to do. But -- Mr. Perez: Thank you, Commissioner. Commissioner Carollo: Before you speak, for a second -- Mr. Perez: Yes. Commissioner Carollo: -- if I may, and I apologize. Mr. Perez: That's okay. Commissioner Carollo: Chairman, can I say a word? Maybe what we need to do is on Section 2, which there are several sections that address this, so it's similar. "The City shall not exercise its cancellation authority and shall not oppose" -- Maybe we should put -- I don't know if it makes a difference or not -- "It is the intention of the City not to exercise its cancellation authority, and not to oppose the license to host the event on the property in 2022 "; that it is our intention not to. Mr. Perez: May I make a -- Commissioner Reyes: But that doesn't -- but will that also -- I mean, by saying "does not intend, does that commit us? Do we have a commitment for the -- for extending to 2022? Commissioner Carollo: I'll leave it up for the attorneys to interpret it. Mr. Perez: -- modest suggestion? May I make a modest suggestion in that regard? Commissioner Reyes: Yes. Mr. Perez: And just set some words before. We are all experiencing an absolutely unprecedented set of facts and circumstances. This country has not gone through what we're going through right now for a hundred years, since the 1918 flu epidemic. We're all struggling to find the right answers and to deal with, you know, the repercussions. Trust me, since the day that we were here discussing these items with the City, we have been in a bunker trying to deal with the incredible consequences of the decision of the City to postpone this. We committed at that date, and we continue to commit to being excellent partners with the City to deal with these issues, because we understand the incredibly difficult position the City was placed in. And I think, certainly, Commissioner Carollo and the City -- and the Mayor and the City Manager recognize the incredibly difficult position that it places Ultra. This is not a windfall for Ultra; let me make that abundantly clear. The tickets that are -- we have always been cognizant of several things: One, being good partners with the City; one, dealing with our patrons, dealing with very difficult issues with our patrons with regards to how we're going to deal with them. One of the things that we committed to doing with the understanding and the good faith understanding is to give those patrons at least two options; one for 2021 and one for 2022. And that's important, because some patrons may not be able to come back in 2021 and would need to come back in 2022. But with that said, we're not looking to circumvent any of the requirements in our license agreement. And so, our respectful City of Miami Page 123 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 suggestion is simply to clarify that although the City is not exercising its right to terminate for convenience, however all -- the City does retain its right to terminate the agreement if we default on our obligations under the agreement. And so, we can make that clarification. We're not looking -- if we fail to do the things that we have committed to do, which is to handle the decibel issues, to remove the stages, to do all the things that we're doing, you retain that right to cancel us. We're not asking for you not -- we're not asking you to not hold our feet to the fire. Hold our feet to the fire. Just clam that you're not -- if we do everything that we agreed to do in that agreement that you won't then move forward to cancel. And that's the only request that we have for a number of reasons, but one of them, as well, is in order to provide our patrons two possible dates in terms of being able to move forward. (INAUDIBLE COMMENT MADE.) Commissioner Diaz de la Portilla: I don't know if the Mayor wants to say anything, but I think I kind of agree with you, Mr. Mayor. This is not -- shouldn't probably be a pocket item; maybe it's a broader discussion, and we just bring it -- maybe defer it and bring it back next time, and have more conversation on it. Mayor Suarez: Yeah. I mean, I'm fine with that. I mean, at the end of the day, I think it's the will of the body, you know, what we -- the Commissioner and I were in a meeting. We unfortunately can't have the whole Commission at the same time. You know, it's a venue that -- he's the chair of the organization, and we made what we thought was the right call based on the circumstances and the timing of it all. If we didn't -- I just kind of want to be clear that if we didn't waive the cancellation for convenience provision, we're not giving them anything -- right? -- because the event that they were going to have this year, they're just going to have next year, so it's been postponed a year, so that's essentially what's happened. So, you know, the reason why we decided to offer the cancellation for convenience provision was simply because we felt that that was something that we could offer so that -- to mitigate the losses and the -- you know -- a variety of things involved in that. But again, Commissioner, I don't have any issue with doing it at the next Commission meeting. You know, I just -- my commitment was that I was going to bring it immediately, because I felt it was the right thing to do. And I thank the Commissioner for you know, backing that up, because he was the one, you know, as he said, that was -- has been oppositional to Ultra. But I think, you know, we were having a very tense and difficult discussion at a time when two, three weeks ago -- or two weeks ago when some people questioned the wisdom of the decision that we made. Nobody's questioning it today, but they were questioning it two, three weeks ago. And at that point -- you know, I'm a person of my word. You know, I think he's a person of his word in terms of what -- and I informed all of you of the conversation. I informed the public as well -- you know what I mean? -- of this consideration that was being offered, because it was -- it's the context with which we discussed the cancellation, and I thought it was fair to publicly say that, you know, one of the things that we were offering was for them not to be able to cancel the next event -- beyond the next event for one year. And so -- Commissioner Diaz de la Portilla: And -- Mr. Chairman? Chair Hardemon: Yes. Commissioner Diaz de la Portilla: And I want to commend you and Commissioner Carollo, as well, for the leadership you showed very quick. We're probably first in the whole County to say, "Hey, we need to cancel a major event that could harm our people." It's something that I thought showed greatly leadership and understanding way before other people understood in this community what was happening. You -- both of you understood that, and you cancelled that event, so I want to commend you City of Miami Page 124 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 NA.4 7313 City Commission publicly for that, both of you. I think your suggestion, Mr. Chairman, that we move on is probably a good one at this point. Chair Hardemon: Right. So that's what well do; well move on. So there's nothing to defer, because the item is not properly on the agenda; it's a pocket item. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ENCOURAGING THE RESIDENTS AND VISITORS OF THE GREATER MIAMI AREA TO TAKE PREVENTATIVE ACTIONS RECOMMENDED BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION ("CDC") AND THE WORLD HEALTH ORGANIZATION ("WHO") TO HELP PREVENT THE SPREAD OF RESPIRATORY DISEASES INCLUDING THE CORONAVIRUS DISEASE 2019 ("COVID-19"). ENACTMENT NUMBER: R-20-0085 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: Are there any other pocket items that need to be considered? Commissioner Carollo: Yes. I believe you all have gotten copies of this. This is one that we went over with the Fire Chief to present. While the -- it hadn't been passed out before, and I apologize for that -- City Attorney is passing it out, I will read it into the record. It's a resolution of the Miami City Commission encouraging the residents and visitors of the Greater Miami area to take preventive actions recommended by the Centers for Disease Control and Prevention/CCD, and the World Health Organization/WHO, to help prevent the spread of respiratory diseases, including the Coronavirus disease, 2019 COVID-19. Whereas it has been widely reported there is an outbreak of respiratory disease caused by a novel new Coronavirus that was first detected in China, and which has now been detected in almost 90 locations internationally, including the United States; and whereas the virus has been named TSARS-CoV-2, and the disease that it causes has been named coronavirus disease 2019, COVID-19; and where [sic] there is presently no vaccine to prevent COVID-19; and whereas there are approximately 1,320 confirmed cases of COVID-19 in the United States, of which there are 31 cases in Florida; and whereas the reported diseases and illnesses in the United States have ranged from mild symptoms to severe illness and death of COVID-19 cases; and whereas the following COVID-19 symptoms may appear in two to 14 days after a person has been exposed to the virus; fever, coughs, shortness of breath; whereas the best way to prevent illness is to avoid being exposed to the virus; and whereas the Centers for Disease Control and Prevention/CCD recommends every -day prevention actions to help prevent the spread of respiratory diseases, including the COVID-19; and whereas the CCD's preventive measures include but are not limited to the following: Avoid close contact with people who are sick; avoid touching your eyes, nose, and mouth; stay at home when you are sick; cover your cough or sneeze with a tissue, and throw the tissue in the trash; clean and disinfect frequently touched objects and surfaces using a regular household cleaning spray or wipe; follow CCD's recommendation for using a face mask. CCD does not recommend that people who are well wear a face mask to protect themselves from respiratory diseases, including COVID-19. Face masks should be used by people who show symptoms of COVID- City of Miami Page 125 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 19 to help prevent the spread of the disease to others. The use of face masks is also crucial to health workers and people who are taking care of someone in close settings at home or in healthcare facilities. Wash your hands often with soap and water for at least 20 seconds, especially after going to the bathroom, before eating, and after blowing your nose, coughing, or sneezing. If soap and water are not readily available, use an alcohol -based hand sanitizer with at least 60 percent alcohol. Always wash hands with soap and water if hands are visibly dirty. Practice social distancing of at least two meters, approximately six feet, if you are experiencing symptoms associated with COVID-19 or have traveled to locations known to have widespread ongoing transmission of COVID-19. Whereas the World Health Organization has similar prescribed basic protective measures against COVID-19, including staying away" -- staying, rather, aware, "of the latest information of COVID-19 outbreaks available through your national and local public health authority, and on the WHO website; regularly and thoroughly cleaning your hands with an alcohol -based hand rub, or washing them with soap and water. You should wash hands after coughing or sneezing; before, during, and after you prepare food; before eating; after toilet use; when hands are visibly dirty; maintaining social distancing by maintaining at least three feet distance between yourself and anyone who is coughing or sneezing, because when someone coughs or sneezes, they spray small liquid droplets from the nose or mouth which may contain virus. If you are too close, you can breathe in the droplets, including the COVID-19 virus if the person coughing has the disease. Avoid touching eyes, nose, and mouth. Your hands touch many surfaces and can pick up the virus. Once confirmed, your hands can transfer the viruses to your eyes, nose, or mouth; from there, the virus could enter your body and can make you sick. Make sure you and the people around you follow good respiratory hygiene. This means convening [sic] your mouth and nose with your bent elbows or tissue when you cough or sneeze; then dispose of the used tissue immediately. This is talking about covering your mouth. Make sure you and people around you follow good respiratory hygiene. This means covering your mouth and nose with your bent elbow or tissue when you cough or sneeze. Whereas CCD and WHO social distancing recommendations are a departure from the warm hospitality and affectionate greetings that are a part of Miami's culture, the City encourages its residents and visitors to consider greeting one another with elbow bumps or similar gestures as a substitute for the handshake and kisses that are customary within our community until such time as COVID-19 no longer possesses a widespread risk of transmission; and whereas the City encourages the residents and visitors to the Greater Miami area to follow the preventive measures recommended by the CCD and the WHO; and whereas, in accordance with Section 2-330 of the Code of the City of Miami, Florida, as amended, the City Commission, by a majority vote hereby deems the resolution to be an emergency nature. Now therefore, be it resolved by the City Commission of the City of Miami, Florida: Section 1: The recitals and findings contained in the preamble to this resolution are adopted by reference and incorporated as fully set forth in this section. Section 2: The City Commission hereby encourages all residents of and visitors to the Greater Miami area to take the personal preventive actions recommended by the CCD and the WHO to prevent the spread of respiratory diseases, including the COVID-19. Section 3: This resolution shall become effective immediately upon its adoption. I so move. Chair Hardemon: That is a motion; seconded by the Chair. Is there anyone from the public that'd like to speak on this item? You're recognized. Brenda Betancourt: Good afternoon. Brenda Betancourt, 1436 Southwest 6th Street. I'm glad. Happy birthday, Commissioner Carollo, and don't worry, we are surrounded by seniors all the time, so I guess we all have to take all the precautions. But I just want to ask you a question. Are we doing anything for those who are flying from certain countries, like Cuba, that doesn't have no control at all about coronavirus? And the question I'm asking is because even though we're doing a lot City of Miami Page 126 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 of things here once we are in Miami, but we are receiving a lot of different travelers that go back and forth. Commissioner Reyes: Yes. M. Betancourt: And a lot of my seniors who are -- listen to us in the radio are really concerned. And I haven't heard anything. I know that Commissioner Bovo -- I spoke with him, and he's going to be doing a resolution in the County. But as the City of Miami, are we doing anything? Chair Hardemon: I don't think we can affect international travel, right; the City of Miami? Commissioner Reyes: We don't have any power. You know, City of Miami doesn't have any power limiting international travel, but I think that according -- Ms. Betancourt: But can you ask -- Commissioner Reyes: -- to what the President said yesterday, you see, he's banning those countries -- banning Europe. But as soon as we find out -- also, they are a focus of contamination in Cuba or any other country. And Costa Rica, to that effect, they also have some of the problem. M. Betancourt: Well -- Commissioner Reyes: They're going to be -- I think the Federal Government will take action, I hope; but if not, we will just have to ask them. M. Betancourt: Okay. So thank you so much, and I hope that we all can come to -- Commissioner Reyes: Yes. That is a very good question. Ms. Betancourt: It just -- to me, it just -- most of the seniors are in the City of Miami. Commissioner Reyes: Yes. M. Betancourt: And I know there is a lot of people going back and forth trying to serve them, because it's not just about meeting them when -- you know -- Commissioner Reyes: There's a lot of seniors, also, in Hialeah, and there's a population that goes -- travel back and forth from Cuba. M. Betancourt: Thank you. Chair Hardemon: Thank you very much. Seeing no other person for public comment, I'm going to close public comment. All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? Motion passes. City of Miami Page 127 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 NA.5 7314 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE CREATION OF THE SAWYER'S LANDING COMMUNITY DEVELOPMENT DISTRICT ("CDD") BY DOWNTOWN RETAIL ASSOCIATES, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND ITS AFFLILATES AND SUBSIDIARIES ("DEVELOPER") FOR THE 3.42 +/- ACRE SITE GENERALLY BOUNDED ON THE NORTH BY NORTHWEST 7 STREET, ON THE SOUTH BY NORTHWEST 6 STREET, ON THE WEST BY NORTHWEST 3 AVENUE, AND ON THE EAST BY NORTHWEST 2 AVENUE, MIAMI, FLORIDA, WHICH IS LOCATED AT APPROXIMATELY 249 NORTHWEST 6 STREET MIAMI, FLORIDA ("SITE"); ENCOURAGING THE MIAMI-DADE BOARD OF COUNTY COMMISSIONERS ("COUNTY COMMISSION") TO APPROVE A PETITION SUBMITTED BY DEVELOPER TO CREATE THE CDD CONSISTENT WITH THE DEVELOPMENT AGREEMENT BETWEEN DEVELOPER AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA"). ENACTMENT NUMBER: R-20-0086 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Keon Hardemon, Commissioner AYES: Hardemon, Russell, Diaz de la Portilla, Carollo, Reyes Chair Hardemon: I have one pocket item that I want to present. I'll read the heading into the record. It's a resolution of the Miami City Commission in support of the creation of Sawyer's Landing Community Development District by Downtown Retail Associates, LLC (Limited Liability Company), a Florida limited liability company, and its affiliates and subsidies for the 3.42 -- plus or minus -- acre site generally bounded on the north by Southwest -- by Northwest 7th Street, on the south by Northwest 6th Street, on the west by Northwest 3rd Avenue, and on the east by Northwest 2nd Avenue, Miami, Florida, which is located at approximately 249 Northwest 6th Street, Miami, Florida; encouraging the Miami -Dade Board of County Commissioners to approve a petition submitted by developer to create the CDD (Community Development District), consistent with the development agreement between the developer and the Southeast Overtown/Park West Community Redevelopment Agency. So, gentlemen, this is a resolution showing the support of the Miami City Commission for a CDD. We know that CDDs are Community Development Districts. They are self -taxing entities that make it easier for construction of projects within a certain development. And so the County has to make a decision on Block 55, which we approved already to move forward as a CRA (Community Redevelopment Agency). And so, this is urging the County to also approve the CDD; it's just for support. Commissioner Reyes: Question, sir. Chair Hardemon: Yes. Commissioner Reyes: The proceeds of that special taxing district, all the revenues are going to be reinvested in that area? Chair Hardemon: They're reinvested into the property. City of Miami Page 128 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Commissioner Reyes: And this is like a BID (Business Improvement District), a BID? Chair Hardemon: No, it's not like a BID. Commissioner Reyes: Not a BID? Chair Hardemon: It is more like -- Commissioner Reyes: It's a mini CRA? Chair Hardemon: No, not by any means. What is created -- Commissioner Diaz de la Portilla: A mini CRA? Chair Hardemon: Yeah. It is not any of those things. What it does is it gives the developer more resources to help develop the project. This project is going to be 500 residential units. It is a site that has been undeveloped for a very long time. Commissioner Reyes: Okay. Chair Hardemon: And we've already approved the development to move forward. And to help finance that project, they asked for a CDD. A CDD is as every day as the common cold in Miami -Dade County. Commissioner Reyes: Yes, but excuse my ignorance. But what I want to know is this: I want to make clear this CDD, it is a special taxing district for that area. Chair Hardemon: I won't call it a special taxing district. It's a CDD. Commissioner Reyes: CDD. Chair Hardemon: A community -- it is a CDD, Community Development District, and what it does, it gives assistance in funding the construction of the project. Commissioner Reyes: And where that assistance comes from? Chair Hardemon: It comes from a tax of the owners of the property. Commissioner Reyes: Okay. What you are doing is a mini TIF (Tax Increment Fund) or if it is -- Chair Hardemon: It's not a TIF. Commissioner Reyes: -- additional taxes, or the taxes of the own -- the taxes that they pay is going to be reinvested. They're not going to pay taxes. Chair Hardemon: It's not a TIF. It is not a -- Commissioner Reyes: Or they're going to increase the taxes? Chair Hardemon: -- tax revenue. You want to help explain it? Fernando Casamayor: Good morning, Commissioners. Fernando Casamayor, Assistant City Manager, former tax collector. A Community Development District is a very -- as the Commissioner said -- City of Miami Page 129 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 Commissioner Reyes: I know, I know, I know. Mr. Casamayor: -- extremely common. What it is, it's the ability to finance some of the impact, some of the large construction costs necessary for infrastructure, and it is passed on to whoever is purchasing or utilizing the property. It is collected typically in the tax notice. It is collected on the line below ad valorem taxes, so it is classified not as a tax; as a fee, and that is it. Commissioner Reyes: That's what I'm saying, a BID. Okay, it's a BID. Chair Hardemon: Right. Commissioner Reyes: It's a fee. Okay. Chair Hardemon: But we get all our taxes to the City and whatever entity is (UNINTELLIGIBLE). Commissioner Reyes: Okay. Mr. Casamayor: Yeah. Commissioner Reyes: That's why I want to clarify that, because it wasn't clarified. Arthur Noriega (City Manager): To add a little clarity to this, because, obviously, in my former role, I've had some ongoing -- did some ongoing work with this particular project. I know one of the key elements of that project, which they're going to use the CDD for is the financing of the parking component of it, as well. Commissioner Reyes: Yeah, I move it. Chair Hardemon: Thank you very much; seconded by the Chair. Any further -- well, is there anyone from the public that'd like to comment on this item? Seeing none, I'm going to close the public comment. All in favor of the item, say "aye." The Commission (Collectively): Aye. Chair Hardemon: All against? The motion passes. City of Miami Page 130 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 NA.6 7317 Office of the City Attorney ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE MARCH 26, 2020 MIAMI CITY COMMISSION MEETING. THE PERSON PRESIDING OVER THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE CASE OF 3637 CORP., INC. V. CITY OF MIAMI, CASE NO. 18-CV-20367-RS, PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS ALEX DIAZ DE LA PORTILLA, JOE CAROLLO, AND MANOLO REYES; CITY MANAGER ARTHUR NORIEGA V; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; LITIGATION DIVISION CHIEF CHRISTOPHER A. GREEN; SENIOR ASSISTANT CITY ATTORNEY KERRI L. MCNULTY; AND ASSISTANT CITY ATTORNEY DANIEL S. GOLDBERG. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR CITY OF MIAMI COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. RESULT: DISCUSSED Chair Hardemon: Madam City Attorney, if you want to read something in -- Commissioner Diaz de la Portilla: Before she does that -- Chair Hardemon: Sure. Commissioner Diaz de la Portilla: -- Mr. Chairman, I want to welcome a friend and a former colleague from the Florida Senate. Senator Ron Silver is here in the audience. I want to welcome him to Miami City Hall. Welcome, Senator. Chair Hardemon: Well, he's well accustomed. Commissioner Reyes: That's right. He's at home. Chair Hardemon: So I'm going to allow her to read into the record, and once she's read it -- or he has read it into the record, the meeting will be concluded. City of Miami Page 131 Printed on 08/26/2020 City Commission Meeting Minutes March 12, 2020 ADJOURNMENT Barnaby Min (Deputy City Attorney): Thank you, Mr. Chairman. Mr. Chairman and members of the Commission, pursuant to the provisions of Section 286.011, Subsection 8 of the Florida Statutes, the City Attorney is requesting at the City Commission meeting on March 26, 2020, an attorney/client session closed to the public be held for the purpose of discussing the pending litigation in the matter of 3637 Corporation, Inc. versus City of Miami, Case Number 18-CB-20367-RS, pending in the United States District Court for the Southern District of Florida, which the City is presently a party. The subject of the meeting will be confined to settlement negotiations/strategy discussions related to litigation expenditures. The meeting will begin at approximately 10 a.m., or as soon thereafter as the Commissioners' schedules permit, and conclude approximately one hour later. The session will be attended by the members of the City Commission, which include Chairman Keon Hardemon, Vice Chairman Ken Russell; Commissioners Alex Diaz de la Portilla, Joe Carollo and Manolo Reyes; City Manager Arthur "Art" Noriega; City Attorney Victoria Mendez; Deputy City Attorneys John Greco and Barnaby Min; Division Chief of Litigation Christopher Green; Senior Assistant City Attorney Kerri McNulty and Assistant Daniel Goldberg. A certified court reporter will be present to ensure the session is fully transcribed, and the transcript will be made public upon the conclusion of the litigation. At the conclusion of the attorney/client session, the regular Commission meeting will be reopened. The person chairing the Commission meeting will announce the termination of the attorney/client session. Thank you, Mr. Chairman. Chair Hardemon: The meeting is concluded. The meeting adjourned at 12: 22 p.m. City of Miami Page 132 Printed on 08/26/2020