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HomeMy WebLinkAboutCC 2021-02-25 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, February 25, 2021 9:00 AM City Commission Meeting City Hall City Commission Francis X. Suarez, Mayor Ken Russell, Vice Chair, District Two Alex Diaz de la Portilla, Commissioner, District One Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Jeffrey Watson, Commissioner, District Five Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes February 25, 2021 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chair Russell, Commissioner Diaz de la Portilla, Commissioner Carollo, Commissioner Reyes and Commissioner Watson. On the 25th day of February 2021, 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 Vice Chair Russell at 9:35 a.m., recessed at 12:16 p.m., reconvened at 3:56 p.m., and adjourned at 6:16 p.m. Note for the Record: Commissioner Diaz de la Portilla entered the Commission chambers at 9:38 a.m., and Commissioner Carollo entered the Commission chambers at 9:43 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Vice Chair Russell: Good morning, Miami. Welcome to the February 25, 2021 meeting of the City of Miami Commission in these historic chambers. Procedures for the public comment will be explained by the City Attorney shortly. Procedures for the swearing in of parties for the Planning and Zoning and/or quasi-judicial items will be explained by the City Clerk. The members of the City Commission appearing for this meeting are Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes, Jeffrey Watson, and me, Ken Russell, your Vice Chair. Also appearing are City Manager Art Noriega, City Attorney Victoria Mendez, and City Clerk Todd Hannon. The meeting will be opened by Commissioner Reyes with a prayer and then the pledge of allegiance. Please stand. Invocation and pledge of allegiance delivered. PART A - NON -PLANNING AND ZONING ITEM(S) City of Miami Page 1 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 PR - PRESENTATIONS AND PROCLAMATIONS PR.1 8682 PROTOCOL ITEM Honoree Presenter Protocol Item Ana Rodriguez Mayor Suarez and Commissioner Diaz de la Portilla Proclamation ORDER OF THE DAY RESULT: PRESENTED 1) Mayor Suarez and Commissioner Diaz de la Portilla presented a Proclamation to Ana Rodriguez in recognition of her role in opposing Fidel Castro as a member of the anti -Castro underground and who has been active in the fight against Fulgencio Batista because of her love of freedom and democracy for all the people of Cuba. Ms. Rodriguez, who spent nineteen years in Castro 's prisons, wrote of her story in "Diary of a Survivor" was recognized by Elected Officials who paused in their deliberations to pay tribute for the many accomplishments and community contributions she has made. Vice Chair Russell: Good morning. Commissioner Diaz de la Portilla, 1 understand you have a very special guest with us today. Presentations made. Vice Chair Russell: Thank you, Madam City Attorney, please 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 the latest City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's office, or online at 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. coin. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action pursuant to Section 2-8 of the City Code. Any documents offered to the City 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 City Commission is fewer than seven days before merit a continuance, the item may be continued by the City Commission. Pursuant to Section 2-33(f) and (g) of the City Code, the agenda, and the material for each item 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 and upon registering pursuant to the published notice for not more than two minutes on any City of Miami Page 2 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 proposition before the City Commission, unless modified by the Chair. Members of the public may call (305) 250-5454 to speak directly with the City Commission on agenda items to be heard at this meeting. Public comment will begin at approximately 9 a.m. and remain open until public comment is closed by the Chairperson. Members of the public wishing to address the body may do so by submitting a written comment through the online comment form. Please visit miamigov.comlmeetinginstructions for detailed instructions of how to provide public comment using the online public comment form. Comments submitted through the comment form have been distributed to the elected officials and City Administration throughout the day so that the elected official can consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to the elected officials up until the time the Chairperson closes public comment period. All comments submitted will be included as part of. the public record for this meeting and will be considered by the City Commission prior to taking any action. Public comment may also be provided live at City Hall located at 3500 Pan American Drive, Miami, Florida subject to any and all COVID-19 rules, regulations, procedures. Speakers who appear in person will be subject to screening for symptoms of COVID-19. Any persons exhibiting any symptoms of COVID-19 will not be permitted to enter City Hall. All interested parties are required to abide by all state, county, and local emergency orders and urged to practice social distancing. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date when the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids, and service at this meeting may notify the City Clerk. Section 286.0114(4)(c) of Florida Statutes authorizes the City to prescribe procedures or forms for an individual to use order to inform the board or Commission of a desire to be heard; to indicate his or her support, opposition, or neutrality on a proposition. The City, through its multiple comment options, has provided different methods to indicate, among other things, the public support, opposition, or neutrality on items and topics to be discussed at the City Commission meeting. The public has also been given the opportunity to provide public comment during the meeting and within reasonable proximity in time before the meeting. Please note, Commissioners have generally been briefed by City staff and the City Attorney on the items on the agenda today. Anyone wishing to appeal any decisions made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at miamigov.com. Planning and Zoning items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Code, as temporarily modified pursuant to emergency ordinance numbers 13903 and 13914. Pursuant to emergency numbers 13903 and 13914, parties for any PZ (Planning and Zoning) items, including any applicant, appellant, appellee, city staff, and any person recognized by the decision -making body as a qualified intervenor as well as the applicant's representatives and any experts testifying on behalf of the applicant, appellant, or appellee, may either be physically present at City Hall and be sworn in by oath or affirmation by the City Clerk or may appear virtually and make arrangements to be sworn in by oath or affirmation in person at their location by an individual qualified to perform such duty. Pursuant to emergency ordinance number 13903, members of the public who are not parties to an action pending before the City Commission are not required to be sworn in by oath or affirmation. The members of the City Commission shall disclose any ex parte communications to remove the presumption of prejudice, pursuant to Florida Statute Section 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning ode. Staff will briefly present each item to be heard. For applications requiring City Commission approval, the applicant, will present its application request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The City of Miami Page 3 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 order of presentation shall be as set forth in Miami 21 in the City Code, providing 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 recommendation they may have. Please silence all cell phones and other noisemaking devices. This meeting can be viewed live on Miami TV and miamigov.com/TV, the City's Facebook page, the City's Periscope channel, the City's YouTube channel, and Comcast Channel 77. The broadcast will have closed captioning. Vice Chair Russell: Mr. Clerk, good morning. Mr. Min: I'm sorry. Mr. Chair, because -- Vice Chair Russell: You're not done. Mr. Min: -- Commissioner Watson is appearing virtually, there is an additional comment. Vice Chair Russell: Yes. Mr. Min: Pursuant to advisory legal opinion, AGO 2020-03, issued on March 19, 2020, the Florida Attorney General opined that consistent with prior Attorney General opinions, a member of the local government body who is physically unable to attend a meeting because of medical treatment or due to medical reasons, could participate in voting meetings where a quorum of the other members were physically present. Due to the continued declared state of emergency for the State of Florida, the declared state of local emergency for the City of Miami related to COVID-19, and consistent with the Attorney General Opinion 2020-03, the City Commission finds that the members of the City -- Miami City Commission may use communications media technology to participate in and vote on items before -- during a meeting when a quorum of the Miami City Commission is physically present and the remote presence of the City Commissioner is medically necessary. Mr. Chairman, please confirm that the -- Vice Chair Russell: Mr. Min, one question, please. So -- and good morning, Commissioner Watson. I hope you're feeling better and better. My question is to clarify. Mr. Watson can vote virtually, but he does not count toward quorum for the day; is that correct? Mr. Min: Correct. A quorum has to be physically present. Vice Chair Russell: Understood. Thank you very much. Good morning, Commissioner. You all right? You're on mute. Commissioner Watson: Good morning Commissioner. Vice Chair Russell: How are you feeling? Commissioner Watson: Good morning, Commissioners. Commissioner Reyes: Good morning. Commissioner Diaz de la Portilla: Good morning. Commissioner Watson: Well, I feel like I should not have come up in there and infected everybody and so from that perspective, I'm hanging in there. Vice Chair Russell: Well, thank you. I appreciate that you are out of bed and taking City of Miami Page 4 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 care of business. I know you've got a lot of things on the agenda, so we'll be looking to you at the order of the day of how you'd like to handle the items that affect your district and then we'll go from there. So thank you. Commissioner Watson: Thank you. Thank you, colleagues. I appreciate it. Vice Chair Russell: You bet. Commissioner Reyes: You take care of yourself okay? Vice Chair Russell: Good morning, Mr. Clerk. Todd B. Hannon (City Clerk): Thank you, Chair. Procedures for individuals who will be providing testimony to be sworn in for Planning and Zoning items and quasi- judicial items on today's City Commission agenda will be as follows: The members of City staff or any other individuals required to be sworn in who are currently present at City Hall will be sworn in by me, the City Clerk, immediately after I finished explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony for Planning and Zoning items and/or quasi-judicial items. Pursuant to emergency ordinance number 13903, those individuals appearing remotely may be sworn at their location by an individual qualified to administer the oath. After you're sworn in, please be sure to complete, sign, and notarize the affidavit provided to you by the City Attorney's office. Each individual who will provide testimony must be sworn in and execute an affidavit. Please e-mail a scanned version of the signed affidavit to the City Clerk at thannon a miamigov.com prior to providing testimony on the Planning and Zoning items and/or quasi-judicial item. The affidavit shall be included in the record for the relevant item for which you will be providing testimony. Commissioners, are you comfortable with the notice provisions set forth in these uniform rules and procedures we have established for this meeting? Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: Yeah. Mr. Hannon: Chair, if I may, I'd like to proceed with administering the oath for the Planning and Zoning items. Vice Chair Russell: Yes, please. Thank you, Todd. Mr. Hannon: Good morning, ladies and gentlemen. If you will be speaking on any of today's Planning and Zoning items -- you will be speaking on any of today's Planning and Zoning items, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Vice Chair Russell: Thank you very much. [Later...] Vice Chair Russell: All right. We do have three Commissioners on the dais and one on the Zoom, so I would like to move to the City Manager so that we can take up the order of the day. Good morning, Mr. Manager. Do you have any items that you'd like to withdraw, defer or continue? City of Miami Page 5 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Arthur Noriega (City Manager): Good morning, Mr. Chair, Vice Chairman, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer, end, or withdraw the following items: On the regular agenda, PH.1, to be deferred to the March 11 th meeting. Commissioner Carollo: You said PH.1? Commissioner Reyes: PH.1. Mr. Noriega: PH.1. Vice Chair Russell: What date, please? Mr. Noriega: March ll th. Vice Chair Russell: Thank you. Mr. Noriega: That's it for the regular agenda. For Planning and Zoning, PZ.1„ to be withdrawn; PZ.2 to be deferred to the March 25th meeting; PZ.3, to be deferred to the April 8th meeting; PZ.4, to be deferred to the April 8th meeting; PZ.13, to be indefinitely deferred; and PZ.14 to be indefinitely deferred. Vice Chair Russell: I'm sorry. What was that last one with the indefinite deferral? Mr. Noriega: PZ.14. Vice Chair Russell: So, 13 and 14? I was -- Mr. Noriega: Thirteen and fourteen are going to the request is to have them indefinitely deferred. Commissioner Reyes: Mr. Chair. Vice Chair Russell: Yes, Commissioner Reyes. Commissioner Reyes: I have a discussion item which is DI.6, capital projects. I'm going to ask for a deferment because I'm waiting for actions that are going to be taken by the Administration in order to correct or try to correct the problems that I have encountered with all our -- my and your capital projects and everybody else's capital projects and see how can we improve, be more effective, and obtain better quality. Vice Chair Russell: To what date would you like to defer that item? Commissioner Reyes: Mr. City -- I mean, Mr. City Manager. Mr. Noriega: Yes, sir. Commissioner Reyes: When do you think that you could have an answer to all the questions that I have regarding that, are -- see the length of projects, and the quality of the projects? Mr. Noriega: We'll have responses and some updates to you. Let's defer to March 25th. Commissioner Reyes: March 25th, okay. City of Miami Page 6 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Commissioner Carollo: 1 would like DI.1 deferred to the following meeting. Vice Chair Russell: That would be March 11 th. Commissioner Carollo: Correct. Vice Chair Russell: Thank you. Commissioner Reyes: Okay. Vice Chair Russell: Any others? All right. 1 would like to add to that, please. 1 do not believe we dress -- addressed RE.1, the settlement with West Flagler. My understanding -- and if you've heard otherwise, please chime in -- is that they are close to a settlement, but it's not quite there yet, and they'd like a little more time. And I've heard that from more than one side. So that would be a request for deferral for RE.1 to March I th. Commissioner Carollo: Okay. Commissioner Reyes: March 11 th? Let me ask you this. We've been dragging this for a long time. And from what I heard, the -- they are very close to a settlement. And -- but there is only --1 mean, you see, 1 understand both parties. But there are certain things that you cannot -- from what 1 heard, and 1 want to -- I'm going to ask -- the only difference -- the only item that it is -- at this moment, there is -- they are not in agreement, it is potential legalization from the states of sports betting. And I don't think that is enough grounds to keep dragging this thing. And I'm sorry, I love Mr. Braman and I agreed with him that we shouldn't have roulette, craps, or any other type of gambling in that area. But I mean, if they're accepting the jai alai -- betting on jai alai and a card game, you see, you cannot control sports betting because it exists now. It exists through the Internet. And that's one thing that -- my only objection to this. It exists. Right now, you go -- if you go to Gulfstream, you can bet on any horse race in the country. And if I go onto the Internet, I can bet on any single game, football game. I mean, it's something that you cannot control. What I'm saying is if we're going to defer this make sure that got to be realistic of what can be -- I mean, prohibited and what cannot be prohibited. One thing for sure, I wouldn't -- if they come up with any other -- any -- when they come for the card game, it's going to need a four -fifths. Fantastic, okay. And they agreed that that is a constraint also, you understand? But to keep on postponing this because something that you cannot control, that is my -- and I am as opposed to gambling like anybody else. And in my opinion, as I stated before, the worst of type of gambling that we have in the State of Florida is the lottery. And the lottery is the one that affects low-income people the most. Because low-income residents, they always -- that's the -- the only hope they have of getting out of the situation that they are. And they play the numbers and that is not because of the lottery, because before the lotteries, there were the numbers, la bolita, here in Miami. And gambling exists, you see. Just to keep on dragging this, I don't think it is fair to any party. It's not fair to us either that we have every four months, every two months, we have to deal with this and make a decision. I mean, just make a decision. Let's see. I mean, if you don't want to vote in favor, don't vote in favor. If you want to vote in favor, vote in favor and that's it. But if' it had been another issue, you see, for example, if they would have been asking for a roulette -- I mean, they were going to have machines or anything else, I'd say okay. But sport betting that exist already, how can you control the Internet? You can't, you see, and that's my opinion. And I'll go with the majority, what the majority wants. I wanted to -- but 1 wanted to express my feelings. Vice Chair Russell: Understood. I have a systena for roulette, never fails. 1'l1 tell you later. City of Miami Page 7 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Commissioner Reyes: Huh? Vice Chair Russell: Nothing. So, I understand where you are, and I think that this decision is ours at the end of the day to enter into the settlement. But I am very encouraged that both sides are at the table in good faith. That is my under -- Commissioner Reyes: (UNINTELLIGIBLE). Vice Chair Russell: That is my understanding, and that is rare. Commissioner Reyes: I really hope that -- Vice Chair Russell: To see forward motion on something that could avoid litigation, which is of course, always the goal. You know, for me as the original author of the ordinance that brought it forward, I really want to see it strengthened and respected. I'm realistic here and I want to see -- Commissioner Reyes: I respect you and a deferment -- I mean, to you, I mean, 171 go along with you. But I want to know -- I want you to know my position and I want them to know my position and why we have to -- this -- we have to find a solution to this. And believe me that this message goes to both of them. If you want to include any other type of gambling there, I'm going to be opposed. And that fear that many people have that we going to have gambling in downtown Miami and we're going to bring big casinos to the downtown Miami, that would have nay total opposition. But this -- enough is enough, you see. If you're going to -- if you agree on them having the jai alai, which they have the right to do it and a card game -- and we are thinking about something that the State might legalize, which it already exists and I mean, you cannot control. I think that is unfair. Vice Chair Russell: Understood. So, if you could give it a few more days, I would appreciate that. And I think -- Commissioner Reyes: Okay. Vice Chair Russell: -- we can come to a mutually agreeable solution. So that would be a March 11th deferral of RE.1, the withdrawal of the two shade meetings, AC.1 and AC.2. Let me check just to make sure -- I don't believe I have any other items to specifically defer. Mr. Manager, did you mention PH 1 ? I believe you did. Yes. That was the first one you brought up. Deferred March Ilth. Yeah. All right. Commissioner Watson, there's several items on the agenda in your district, and I'd like to understand how you'd like to handle them. today. You are able to vote. Your votes do count. I do understand that one of the items with regard to the zoning agenda must be reset for another meeting if you would like to make amendments. You mentioned potential amendments last meeting on the dais. And so, I just wanted to understand -- Commissioner Watson: Yes. Vice Chair Russell: -- what you'd like to do. We can move forward with all the other items. State on the dais what you'd like to do for that item and amend and reset for second reading that item, but 171 defer to you, sir. Commissioner Watson: Right. So, the -- I forgot the number because I don't have my magic paper provided by Todd. But the rezoning that you're talking about encompasses five items. And I'm going to roll that over to March 11 th meeting. City of Miami Page 8 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Vice Chair Russell: So, you'd like to take all five of them and defer them. Is that correct? Commissioner Watson: Yes, to March ll th. Vice Chair Russell: Now, if you'd like to take those items up and potentially see them be heard on March Ilth, I believe you need to state into the record the potential amendment you'd like to see because one of those items would need to be reset if amended. Commissioner Watson: Yes. Well, the -- there was not a finalization of the parking trust fee and we're going to make that fee 15,000. And so that's what the one big amendment will be for that one. Vice Chair Russell: Got it. So that would be SR.2 -- Commissioner Watson: Yes, sir. Vice Chair Russell: -- the Wynwood Norte Parking Improvement Trust Fund. You'd like to see an amendment to 15,000 per space -- Commissioner Watson: Yes. Vice Chair Russell: -- from the currently noted, 1 believe 12,000. Commissioner Watson: Right. Commissioner Diaz de la Portilla: I have a question about that. Vice Chair Russell: Yes, sir. You're recognized. Commissioner Diaz de la Portilla: Commissioner, where does that number come from? Commissioner Watson: Which one? Commissioner Diaz de la Portilla: From 12 to 15. How is that calculation made per parking spot? Because both of them seem rather low to me. Commissioner Watson: Both of them seem low to me, Commissioner. I wanted it at 20 -- Commissioner Diaz de la Portilla: Thank you. Commissioner Watson: -- and I was told that there was an inverted relationship at some point. It's a disincentive and not an incentive to use the trust. And so, it fell on 15 being a number that was a good number because the small-scale development would in effect absorb it. And it seemed like everyone in that area was more amenable to the 15 not being a disincentive. We had this big discussion last week with the whole thing with the entertainment district as well. And so, I wanted to go higher. But I'm continuing to listen to the persons in the area, the residents in the area to ensure that they also too can capture value going forward once this is done. And so that appears to be a number that as you well know, parking spots can vary up to tens of thousands. And this is going to be somewhere in the line that was surface, as well as multi -story parking. And so, the 15, I thought was a good compromise not to have -- not to be a disincentive. Vice Chair Russell: Commissioner, I'd like to weigh in a little bit ill could as well on City of Miami Page 9 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 that. As the Chair of the Coconut Grove BID, we went through this exercise about a little over a year ago to decide whether or not we wanted to raise our rates for the parking trust fund. We're only at 6,000 a space at the -- and that's the lowest in the City. Wynwood proper is at 12,000 and Design District is over 40, if I'm not mistaken. Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: Per space. And you can think of the different, you know, market demographics of consumers and stores and tenants that go in those spaces that would be or not be willing or able to pay that. Clearly, they can in the Design District, and they utilize those funds to keep the area what it should be for parking, et cetera. But in the Grove, we felt as business owners, that if we raised it too much, it would be a disincentive and actually raise the tenant rates to those landlords to a point where it'd be hard to attract businesses that could be affordable by the community. So, I think you've done a good job of finding a middle ground here, and I would support you in the 15. Commissioner, you're recognized. Commissioner Diaz de la Portilla: No, he answered my question. Thank you. Vice Chair Russell: All right. So that would be an amendment to SR.2. Madam City Attorney, how would you like to handle that? Victoria Mendez (City Attorney): Well, I just wanted to clarify what Commissioner Watson said. The one that we would have to amend now based on this new one and just reread it for a second reading is SR.2, but he said that there were other ones. And I just wanted to clarify the ones that he understood needed to be changed and maybe the Planning Department can chime in. Because I don't think -- Vice Chair Russell: I don't believe he's asking for a change, just simply a deferral of all the other items related to Wynwood Norte. Ms. Mendez: Oh, okay. Commissioner Watson: So they come at one time. Mr. Noriega: The only change was to the parking. Commissioner Watson: Yes. Ms. Mendez: All right. I wanted -- I just wanted to clam that for the record. So, SR.2, now we've noted for the record that the 15,000 is the amount that he's interested in amending. So, we will just place that for second reading and re -notice that -- Commissioner Watson: Yes. Ms. Mendez: -- and we'll do that for March -- Vice Chair Russell: Eleventh. Ms. Mendez: -- 11 th. Commissioner Watson: Eleventh. Ms. Mendez: Thank you. Vice Chair Russell: And then the other items would be SR.1, PZ.5, PZ.6, and PZ.7; City of Miami Page 10 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 am 1 correct, Mr. Director? Unidentified Speaker: Yes, sir. Vice Chair Russell: All right. So, it'd be a deferral of all those items to March 11 th. Commissioner Carollo: (INAUDIBLE). Vice Chair Russell: Yes. SR.1, SR.2, PZs 5, 6, and 7. March 11, got it. Thank you, Commissioner Watson. Is there anything else that you'd like to see deferred, withdrawn, or continued for the day? Commissioner Watson: No, that's it. Vice Chair Russell: All right. Any other Commissioners have anything to change on this dais before I go to pocket -- on this agenda, before I go to pocket items. All right. So that'll be the changes. Mr. Clerk, if you've got those noted, let's go ahead and add in the pocket items before we vote on the order of the day. Are there any pocket items any Commissioners would like to add today? Commissioner Carollo: Yes. Vice Chair Russell: Commissioner Carollo, you're recognized. Commissioner Carollo: 1 have a pocket item and a resolution from the Miami City Commission urging President John -- Joe Biden and the leaders of the 117th Congress of the United States to take certain actions with -- having to do with the Brothers to the Rescue shooting of the civilian aircraft on February 24, 1996. This would be -- Vice Chair Russell: Could you move a little closer to your microphone? Commissioner Carollo: Yes. This will be similar with some additions made to a previous resolution we made the year before. Vice Chair Russell: Okay. So, that pocket resolution, I'll call that PI.1, please, Brothers to the Rescue. Commissioner Diaz de la Portilla: I want to cosponsor that also. Commissioner Reyes: Mr. Chair, I will cosponsor that. Commissioner Diaz de la Portilla: I do also. Commissioner Carollo: And I would like to ask, Chair, if we could leave the pocket items to after lunch so we can deal with them all. Vice Chair Russell: To be taken up? Commissioner Carollo: Yes. Vice Chair Russell: I'd like to do that anyway. I agree. That way it gives the public time to weigh in, call in if they'd like to, and the Administration to help clean up anything, if necessary, on the pockets. Are there any other pocket items to be introduced today? Commissioner Diaz de la Portilla: I have my pocket item, Chair, the resolution of the City of Miami Page 11 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Miami City Commission urging Miami -Dade County Mayor Daniella Levine Cava to require that Miami -Dade Police Department not execute eviction/foreclosure orders and we'll explain it after lunch in more detail. Commissioner Reyes: I will cosponsor that too. Vice Chair Russell: All right. Urging the County not to enforce eviction. And you'll go into more detail as it comes up. Commissioner Diaz de la Portilla: For foreclosure orders, evictions, but not limited to writs of possession, everything until it exhausts the complete legal process, until they get to the final -- the end of the legal recourse available to the person. Vice Chair Russell: Got it. Madam City Attorney? Madam City Attorney? Ms. Mendez: I'm sorry, we were talking about something else. Vice Chair Russell: Thats all right. Commissioner Diaz de la Portilla's entering a pocket item with regard to urging the County on not enforcing foreclosures and evictions. When that item comes up, we'll probably have a lot of legal questions about what the current status is of evictions, what our ability is -- well, as the City we're urging -- Commissioner Diaz de la Portilla: Urging. Vice Chair Russell: -- what the current status is at the County level so we can -- Ms. Mendez: Right. The current status at the County level is that they're not -- Vice Chair Russell: We'll take it up at the item. Ms. Mendez: Oh, okay. Vice Chair Russell: But thank you. Just to give you some heads -up. Are there any other pocket items to be introduced? Mr. Noriega: Yeah. The Administration has a pocket item. It's a request for a special appearance by a few representatives of the towing industry to address the Commission. Vice Chair Russell: We'll call that PI3. It'll be a discussion item or a special appearance. Special appearance by the towing industry. All right. Seeing no other items to be changed for this agenda, ifI could get a motion, please on the -- Ms. Mendez: Chairman? Chairman, I believe the Mayor also had another pocket item. Vice Chair Russell: I apologize. I didn't receive that one. What is it? Ms. Mendez: We don't have it right here, but it has to do with the traffic calming in the County. So at least you can have -- Commissioner Diaz de la Portilla: It has to do with what? Ms. Mendez: Traffic calming. There's a traffic calming situation that's being voted on at the County, and he wants to weigh in on that. I can read it. A resolution of the Miami City Commission opposing the proposed Miami -Dade County ordinance, City of Miami Page 12 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 legislative file number 210-409, relating to updating the Miami -Dade County traffic flow modifications and street closure procedure manual to prohibit the consideration of road closings in municipalities to be used in connection with traffic calming measures; directing the City Clerk to transmit this resolution to the officials stated herein. Vice Chair Russell: Thank you. I'll make that mayoral pocket item PI member 4. All right. Can I get a motion, please, on the order of the day? Commissioner Diaz de la Portilla: So move. Commissioner Carollo: Move. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla, second by Commissioner Carollo. Any further discussion? All in favor, say "aye". The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. PUBLIC COMMENTS FOR ALL ITEM(S) 8679 DISCUSSION ITEM Office of the City Clerk PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE PUBLIC FOR THE FEBRUARY 25, 2021 CITY COMMISSION MEETING. RESULT: PRESENTED Vice Chair Russell: Gentlemen, I'm going to open up for public comment at this point. We have nine people on the phone, so I'd like to take them first. Two minutes apiece, please. And let me see if I can get the system working. And then we'll give everyone here who is here to speak on any item remaining on the agenda, specifically, will have two minutes to speak. All you need to do is come up, say your name, let us know the item you'd like to speak on on the agenda, and then you'll have two minutes to say your piece. So, who have we got on the phones, please? Good morning. You're on with the Miami City Commission. Can you hear me? Wendy Zeledon: Yes, fantastic. Thanks so much. Vice Chair Russell: Great. You have two minutes, please. Thank you. Ms. Zeledon: Okay, wonderful. My name is Wendy Zeledon. I live at 1125 Weeping Willow Way, in Hollywood, Florida. Thank you for the opportunity to speak today. I'm calling this morning in support of Jungle Island's expansion plan to build a 300- room hotel, an aerial adventure park, ziplines, and new water attraction. As a mom, I'm always looking for nearby adventures to keep my kids busy. Now more than ever, it's very, important to find safe outdoor adventures for our family. And Jungle Island has always been near and dear to our hearts. From taking pictures of the parrots, watching bird shows, petting the kangaroos attending (UNINTELLIGIBLE), as well as all the fun field trips that I've attended with my, kids at Jungle Island, the experience is really second to none. And now that my children are getting a little bit older, the new adventure attractions will be really, really great and the hotel will be perfect for vacations, allowing us to spend money here locally versus traveling to City of Miami Page 13 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Orlando with family and friends. So, in closing, I'm in support of the proposed land use for Jungle Island special area plans and development agreement. The new Jungle Island is going to be unbelievable, and our family can't wait to check it out once it's complete in 20 -- 2022. Vice Chair Russell: Thank you for your comments. Ms. Zeledon: Thank you. Vice Chair Russell: Next call, please. I don't see a call coming through. Normally, it has to ring and then I answer it. Thank you. Good morning. You're on with City of Miami Commission. You have two minutes. Philip Whitley: Thank you. My name is Philip Whitley. I'm a resident of Miami at 3427 Frow Avenue, in Coconut Grove. And I'm also at resident at the Bakehouse Artist Complex. I'm an artist who works out of that space. Anyway, I wanted to call and support the Wynwood Norte project for revitalizing the district in SR.1, SR.2, PZ.5, PZ.6, and PZ.7, primarily to support the arts in general here in Miami. I think it's important that the neighborhood and the artists and the people who reside in that space have a chance to be able to maintain, you know, a positive and sort of effective lifestyle in that space. And that these ordinances will help do that and help keep creativity and the arts in Miami in general. That's all I have to say. Thank you very much. Vice Chair Russell: Thank you very much. The item has been deferred until March 11. Thanks for your comments. Good morning. You're on with City of Miami Commission. You have two minutes. Marika Lynch: Hi, thank you. My name is Marika Lynch. I live at 6940 Southwest 96th Street, and I'm calling about PZ.8, PZ.9, and PZ.10, all about the Jungle Island site. And I really urge you to let this project go forward. I was raised here in Miami, and I have so many early memories of what was done at the Parrot Jungle, taking pictures with the parrots, and going to all of their shows. It was a huge part of my childhood. So, when it moved to Jungle Island, I took my kids there and we went there for many years, to all the shows and things like that. But now my kids are older. I have three adventurous boys. I have pre -teens and a teenager. And they want to do adventurous things. And when we go on vacation to other cities what we look for are things like ziplining and doing other things like that. And I know that's something that Jungle Island is putting in. It's exactly the kind of things my kids look for when we go away and we want to be able to do it here, especially now that they're getting older. So -- and you know and having a hotel there would absolutely be great. So, I really hope that you support the land use change for Jungle Island and everything else so this project can move forward. And thank you. Vice Chair Russell: Thanks for your comments. Good morning. You're on with City of Miami Commission. You have two minutes. Michelle Mandelbaum: Hi. My name is Michelle Mandelbaum. My address is 1750 Northeast 197th Terrace, Miami, Florida 33179. I am calling to voice my opinion in favor of the proposed plans for the Jungle Island expansion. I am a teacher and a parent, and I have many fond memories of going to Jungle Island. I even grew up in Miami and went to it when it was further in South Miami. I went on field trips as a kid. Currently, as a teacher I have taken my students multiple times. The children love taking photos with the parrots and petting the goats, watching the different animal shows like the birds and whatnot. They learn how to take care of the animals, to be a better person, to, you know, figure out about conservation, help our environment, work together. I have also chaperoned.for nay own children, taking City of Miami Page 14 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 them both to Jungle Island and I've seen how much fun they have with their friends, and you know, their teachers enjoyed it as well. 1 really looked forward to the project in the future, being able to do even more things there like the rope course, the ziplining, all those things. We really don't have anything like that here in our area. I actually have friends that love that type of thing for their kids. And we've gone to even Melbourne to do similar things in northern Florida. So that would be a really big plus for our City to have that so close to us. Also, when my kids were little, we even had the annual pass at Jungle Island and there's so many different activities to do, like I said, with the shows, and you know, getting close interaction with the animals. They don't get to experience that many other places like that. So, 1 do definitely think this has positively impacted my life as a teacher and as well as a parent. And 1, you know, again, just want to state I'm definitely in support of this proposed land use for Jungle Island. Vice Chair Russell: Thank you. Ms. Mandelbaum: And I hope that the plans continue. Thank you so much. Vice Chair Russell: Thanks for your comments. Next call. Good morning. You're on with City of Miami Commission. You have two minutes, please. Desiree Lasrado: Hello. My name is Desiree Lasrado. I reside at 32.5 South Biscayne Boulevard. I'm calling about the homeless topic -- the population. Let me quickly start by saying, these are the few things the residents have been exposed to. First of all, we are the victims in all of this. We have -- Vice Chair Russell: I'm sorry, ma'am. Excuse me just a moment. Ms. Lasrado: Yes. Vice Chair Russell: Is there a specific item in the agenda that you'd like to address? Ms. Lasrado: Yes, the homelessness. Vice Chair Russell: Oh, yes, we do have a discussion item D1.3 on homelessness. Please continue. I apologize. Ms. Lasrado: Yes. So, I started by saying that the residents are being victimized, we are being verbally harassed, being followed by men, couples making out in front of the playground, exposing -- men exposing themselves. You know, the usage of the park as restroom right in the middle, which I don't know where the indecent exposure laws are applied over here. There is drinking, there is drug use. There are fights for spaces, benches occupied. Residents have had enough. There's' a stench occupying Tina Hills Pavilion. There is litter everywhere. There are backpacks left without anybody knowing what it is. The police were called out three times last week. Taxpayer money is going unnecessarily because we cannot solve a little problem like the homeless situation where police are not allowed to arrest. We are being told we need to give them videos. We need to give them this. We need to give them that. If you put yourselves in our shoes and think the fear factor involved of standing in front of them and taking a picture or a video with a phone then please come back and tell me how we can solve this problem. Vice Chair Russell: Thank you, ma'am. What neighborhood are you referring to specifically? Ms. Lasrado: I'm referring to Bayfront Park. City of Miami Page 15 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Vice Chair Russell: Yes. Ms. Lasrado: 1 am a One Miami resident and this is going on all day long. Vice Chair Russell: Thank you. We will definitely take your comments under consideration during the item. Thank you. Next call, please. Good morning. You're on with City of Miami Commission. You have two minutes, please. Elisa Castro: Hello. My name is Elisa Castro; address, 47 Northwest 30 Street. I'm calling to speak in support of the Wynwood Norte Neighborhood Rehabilitation District public benefits programs and parking funds, Item SR.1, SR.2, PZ.5, PZ.6 and PZ.7. In participating in the community vision plan process, it became clear that our neighborhood has many changes and needs. The population has declined significantly. More and more vacant lots have popped up, and there is no new housing being built into the neighborhood. Businesses are struggling and COVID has only made things more difficult. With the Wynwood Norte NRD-2, we have an action plan that incorporates the community input over the past three years to bring our neighborhood back in a positive way, (UNINTELLIGIBLE), new housing that is affordable to families, opportunity for small business just fbr local residents. Times have changed; Miami is changing. Doing nothing will only make the challenge for this community worse and doing nothing is not an option we can accept. It's time for Wynwood Norte to grow and to evolve and to better serve the needs of the community. That is why we believe in the window Norte Neighborhood Revitalization District. Thank you, City Commissioners, for believing in Wynwood Norte. Vice Chair Russell: Thank you for your comments. I'd like to apologize to some of the callers. I believe their call got dropped through the system. It wasn't intentional. If you try to call back in, we'll take care of you. Are there any other further calls on hold right now? Here we go. Good morning. You're on with City of Miami Commission. You have two minutes, please. Lauren Shapiro: Hello. My name is Lauren Shapiro, and I'm a resident of the City of Miami. And my address is 3427 Frow Avenue, Miami, Florida 33133. And I'm here to support the Wynwood Norte Revitalization District agenda items SR.1, SR.2, PZ.5, PZ.6, and PZ.7. I'm an artisan resident at the Bakehouse Art Complex in Wynwood. And we at the Bakehouse support the Wynwood Norte Revitalization District because we need to keep Wynwood Norte affordable. We have a chance as artists to help the community with programming, with education, the arts, and to really be a resource here for the neighborhood at Bakehouse. This would also give us the opportunity to build new affordable housing for artists like myself, and for working people. And these are the kind of changes that will keep Wvnwood affordable. Thank you. Vice Chair Russell: Thank you very much. All right. That's all the calls we have on the phone line for right now. We might get some more back for those who dropped off, so please stay tuned in case they call back in. And in the meantime, I'll turn to public comments. So, if -- in person. So, any of you who have braved COVID to join us here today, if you could please respect social distancing and line up at the two lecterns six feet behind each other. If we can have some people on this lectern and some people on this lectern. Respect the six feet. There is hand sanitizer at each lectern. And I noticed everybody tends to touch the lectern as they speak and that's absolutely fine. Just please be conscious of that. The person before you and after you. We do have someone here who will make sure the microphone is cleaned and the lectern is cleaned in between each speaker. So please bear with us as we just make sure everyone's completely, completely safe. Mr. Fried, you're very welcome. Two minutes, please. Jim. Fried: Thank you so much, Commissioner Russell. Good morning. Jim Fried. I City of Miami Page 16 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 lived 555 Northeast 34th Street in the City of Miami. I live in District 2, but 1 also live three blocks from District 5. 1'd like to speak on three items. 1'd like to speak on PH.1, the Dade Heritage Trust. The voter's voted in 2016 to give the Dade Heritage Trust the lease. Please direct your staff to give the Dade Heritage Trust their promised lease. PZ.5, 6 and 7, I live right next to Wynwood. Wynwood upzoning. Please act carefully. As you know, the City comp plan includes a lot of height and density that is not yet utilized. For example, there's an intense opposition to the scheme to upzone 22 acres on Northeast 54th Street called Eastside Ridge. That scheme would demolish over 500 units of affordable housing. Then Item PZ.8, 9, and 10, Watson Island, I'd love to see Watson Island turned into Miami's Central Park. What an incredible opportunity wasted. I support zoning for a park at that location. I oppose changing the park zoning to commercial zoning. Thank you so much for your time, everybody. Vice Chair Russell: Thanks for your comments. Good morning, Mr. Cruz. Elvis Cruz: Good morning, sir. I have a PowerPoint, so I'm hoping the folks in the back can put it online. And until then if you want to take someone from the other lectern, that's fine. Vice Chair Russell: All right. If I could just check with IT. Are we ready to simulcast Mr. Cruz's presentation? All right. While they get that together for you -- I don't see anyone yet, but are you plugged in? Mr. Cruz: I am plugged into the HDMI, yes. Vice Chair Russell: Is this it, first serve Miami? Mr. Cruz: No. Vice Chair Russell: Okay. All right. While they're working on that, I believe this lectern's been cleaned. Good morning, sir. You're very welcome. All right. He's got some technical issues, so well go ahead with you. Morton Ehrlich: Good morning, Commissioners. My name is Morton Ehrlich. I'm president of 1000 Venetian Condo Association. And I wanted to speak to you today on agenda items 8365 and 66, the new land use and rezoning of Watson Island. You may recall the concerns I expressed at the January 28th Commission hearing regarding Joia Beach Club on Watson Island, which is directly across from 1000 Venetian on Biscayne Island, across the narrowest part of the channel, about a football field away, about 100 yards away. Well, just before the January 28th meeting, we sent each of you a thumb drive which clearly showed the many boats moored in the congested channel all visiting Joia, presenting a clear and present danger for collision and fire. At the January 28th meeting, you asked an officer to visit 1000 Venetian and talk to the residents about our concerns. You also questioned the legality of boats mooring in the channel itself To date, however, we have not received an answer to that question nor an officer visit. So, last -- so, again, last week we sent to you yet another thumb drive for the weekend of January 13th/14th that showed you once again the ever -worsening congestion in the channel. The picture that you just got is just an example of one frame. And I think it pretty clearly demonstrates the issue. And again, this past Tuesday, we sent you yet another thumb drive for the Saturday, February 28th event. It was so congested that literally well over half the channel was blocked with two-way boat traffic. Well, when you take all of this together, all these videos continue to clearly show that the boat's mooring to attend Joia literally overwhelm the entire narrow channel causing such congestion that really other crafts and public tour boats have obvious difficulty safely navigating their way through the channel itself. It's becoming very clear to us that Joia is a City of Miami Page 17 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 growing, popular destination and that's a good thing, creating however a growing boat congestion in the very narrow channel already getting dangerously worse. And I think you can see that from this picture if didn't look -- if you haven't looked at the thumb drive yet. The situation without a doubt is clearly continuously and visibly out of control. Okay, every problem should have a solution. So, what do you do about it? Well, first thing is you can do nothing and simply pass agenda items 8365 and 66, and just take your chances and keep your fingers crossed. Or as a condition of approval, you might consider prohibiting Joia from accepting boat traffic, one possibility. Or as a condition of approval, you can require boats to park outside of the narrow channel, relocating the traffic to the significantly wider areas to the west of Joia, more towards the City and to the east of Joia in the area of Watson Island Marina and have the occupants tended to Joia, which by the way, ESJ is already doing but they're not discriminating. But the point of that has to be to disallow any tender services if moved within the narrow channel itself. Another thought -- and this is important also -- direct the City of Miami Police Marine Patrol on weekends primarily to regularly and permanently patrol the channel between Watson Island and Biscayne Island, enforcing limits where the boats may anchor thus keeping the narrow channel open and truly safely navigable. I urge you to accept these safety measures as a condition of approval of 8365 and 66. Because as I said earlier, this is a clear and present danger, and if left uncontrolled, a disaster just waiting to happen. Vice Chair Russell: Mr. Ehrlich, thank you. Mr. Ehrlich: Then what? Vice Chair Russell: You have more points? You have exceeded the two minutes, but on such a large item, this is your moment to speak because there will not -- Mr. Ehrlich: Oh, yeah. Vice Chair Russell: -- be a roundtable discussion amongst residents later. I certainly appreciate all the advocacy of Venetian -- 1000 -- all of you coming together and really understanding not only the development agreement, but being at the table for the last two years with the City and this developer on making sure that the residents' quality of life is protected. What are the other points that you'd like us to consider? I did receive your letter by the way, so I have all these notes. Mr. Ehrlich: I'm sorrv. I -- the sound system isn't working too well. Vice Chair Russell: I'm sorry? Mr. Ehrlich: I'm sorrv. I didn't hear all of what you said. The sound system -- Vice Chair Russell: Oh, I was just thanking you for your advocacy and asking if you have other points you'd like to make. I did receive your letter. Mr. Ehrlich: Okay, great. Vice Chair Russell: And I want to ask though you mentioned you did not receive a response. I've received a response to your request from ESJ and I believe it was directed to you, not to us. So, I'm going to ask for ESJ to address that when the item conies up. Mr. Ehrlich: ESJ has been responsive. When we had the Zoning Commission meeting, the chairperson of the Commission told the attorney for ESJ to reach out to meet with the people at 1000 Venetian, which they did. And we actually had a Zoom meeting with them a couple of weeks ago and we discussed all of these issues. We City of Miami Page 18 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 discussed this one particular issue in some detail. As a response to that, ESJ sent a letter out and 1 guess it was addressed to me with certain things that they were prepared to do. One of them was to tender the traffic from the boats to Joia. The problem with that is that there -- there's no -- I hate to use the word discrimination, but the fact is they're tendering the boats -- tendering from the boats to Joia. And if you take a look at that picture, you can see on one hand is our building, in the upper left-hand corner is Joia. It extremely narrow, but the tendering is to each of those boats as well. So that while they tender -- which they said they would do and they are doing it -- is the traffic is increasing very substantially. Vice Chair Russell: Now are those boats that I'm seeing, are they moored up, or are they simply waiting their turn -- Mr. Ehrlich: They're moored. Vice Chair Russell: -- to tender? Mr. Ehrlich: They're moored. If they were moving, you would see the trail. Vice Chair Russell: So, if that's in the channel though, they're not allowed to be moored there. Mr. Ehrlich: Well, they are. Vice Chair Russell: Okay. So, I think we have an enforcement issue here and a process issue and you're absolutely right. The development agreement is the time to cure this issue for the future. And I believe that the developer is acting in good faith, but to memorialize these changes or come up with a good solution is -- this is the time. So, thank you for your advocacy. Well definitely take it under advisement. Mr. Ehrlich: And thanks for your questions and comments. We appreciate it. Vice Chair Russell: And I'd like to just take this moment to bring up a greater problem that is being highlighted by Mr. Ehrlich. If the Manager is here and potentially even the police chief listening, we have a very dangerous problem on our bay right now. And it's not just with regard to a waterfront venue. The illegal operation of jet ski rental businesses is getting out of hand in a very dangerous way. And I talked with the Assistant Chief Morales yesterday. We've had 22 arrests just this year alone on illegal jet ski rental business and trespassing, 338 boat infractions, just this year alone in the last month on speeding vessel compliance and loud music. I know the City is working with the Coast Guard, but spring break is coming, and I really think we need to step up our enforcement not only on this channel and the moorings in this channel, but on the safety issue around illegal activity on the bay. I know that the Chief is working on it, but I wanted to put it on the record on the dais for our residents that we take this very seriously. Action is being taken, and we will continue that enforcement. Thank you. Mr. Ehrlich: Well, and it's very much appreciated, Commissioner. You know, the bottom line is this, the boats keep coming as the popularity increases. Vice Chair Russell: Yep. Mr. Ehrlich: The congestion is getting worse. And we -- you know, we could talk ourselves blue in the face and have great intentions, but the fact is it's congested, it's getting worse, and something is going to happen. Vice Chair Russell: Yep. City of Miami Page 19 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Mr. Ehrlich: Thank you. You understand that? Vice Chair Russell: Yes. Mr. Ehrlich: Thanks a lot. Vice Chair Russell: This lectern is sanitized if you'd like to speak. Greg Baldwin: Good morning, Chairman Russell and Commissioners. My name is Greg Baldwin, and 1 reside at 1000 Venetian Way, Unit Number 702. I'm the vice president of the Venetian Way Condominium Association Board of Directors. And I'm here to speak about the proposed ordinances relating to Jungle Island. Now, as Mr. Ehrlich just said, we are the nearest residential neighborhood to Jungle Island. We are 150 yards across the narrow channel between Biscayne Island and Watson Island. And so first, what I want to do is I want to second everything that has been said by our Board President Mort Ehrlich. Everything he just told you about the dangerous navigation hazard at the Joia Beach Restaurant and Beach Club. I've seen it. You have too if you've looked at the video thumb drives that we've sent. I know you have, Mr. Chairman, and we've already delivered those to you. But I want to add, and I want to stress again as I did in your meeting on January 28th, another problem, and that is our concern about the noise that is coming from Joia Beach Restaurant & Beach Club, and the boats, especially that are visiting Joia. The noise from the drunken shouting and partying people on the boats and the blaring music on the boats, and the loud music from Joia itself is simply not bearable. Even with our windows shut, it disturbed us and actually drowns out the TV and the music. It's damaging to our property values, to our peace of mind, and to our lifestyle. And it makes the weekend evening hours almost unlivable. Now we were aware that there are noise limits that are included in the Jungle Island proposals. And we have, as Mr. Ehrlich has said, discussed the noise problem at length with Jungle Island, and those discussions have been helpful. Jungle Island is setting up a hotline that we can use to complain about noise from the restaurant. And that'll help with the restaurant. But it doesn't reach the noise traffic that comes from the boat tragic that is so close to us. And with noise, the only real relief is immediate relief. Somebody doing something the next day just doesn't help. So, what I want to suggest on our behalf as a possible solution to both problems, the navigation and the noise, is to regularly and permanently have the City of Miami Police Marine Patrol regularly patrol the channel between Watson Island and Biscayne Island on weekends. The presence of the law enforcement there on the weekends will, number one, ensure boat safety or boating safety procedures are enforced. Number two, it will keep the channel clear and unimpeded. And number three, it will allow for immediate enforcement of noise violations for us and make our lives so much better. This will do more to resolve these two problems' than anything short of either prohibiting Joia from servicing the boat traffic, or tendering -- or having it tendering service with the boats, Mr. Chairman. Vice Chair Russell: Thanks for your comments. Morning, Mr. Cruz. Mr. Cruz: Thank you, sir. Elvis Cruz, 631 Northeast 57th Street. Commissioners, 171 speak on three topics today. One, please keep Dade Heritage Trust in its home. Two, please pass SR.6 to help neighborhoods intervene to protect themselves. Three, Commissioners, as you know, the City of Miami entered into a contract with the Nature Conservancy for a $400,000 reimbursement grant if the City designs and builds a living shoreline in Morningside Park. That plan would be so detrimental to the public's recreational enjoyment that I am before you today to offer my own personal reimbursement grant of $450,000 if the City will abandon the Nature Conservancy's grant as it is allowed to do under that contract and instead build a City of Miami Page 20 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 seawall. I've studied this issue at length and found that the Nature Conservancy's plan would greatly diminish the public enjoyment of that waterfront because it would involve planting mangroves along the shoreline and installing an elevated berm 60 feet wide, topped by a coastal habitat. The plan would displace the open waterfront recreational green space and block the beautiful views of the bay the public now enjoys across Morningside Park. Alice Wainwright Park has a new seawall under construction. This Commission approved new seawalls for Myers Park and for Sewell Park. Miami's downtown parks all have seawalls from Bayfront through Dan Paul to Bicentennial. Albert Pallet Park recently got a new seawall. The opposition will say seawalls are not environmentally beneficial. That's not true. A seawall can be designed to dissipate wave energy and prevent bottom scouring. It can have artificial restructures that not only dissipate waves, but also provide the benefits of mangroves without blocking the view of the bay. Yes, seawalls can be living seawalls. A concrete seawall won't take up waterfront recreational open green space. It's only three feet wide, as opposed to the 60 foot width of the proposed berm. And people enjoy seawalls. They act as public benches. Who among us has never sat on a seawall to look out over the water? The technology exists today to make a seawall with a 150-year lifespan. Concrete seawalls are much stronger against storms than living shorelines, which can get eroded and then leave the land behind it vulnerable to the next storm until it is filled in again, replanted and the mangroves grow up. Moreover, Morningside Park already has more living shoreline than the Nature Conservancy's plan would install. Look at this picture of Morningside Park's tidal basin when it was built in 1953. Notice the bridge and the unobstructed water view. Now look at that exact same view today. The title basin is completely filled with mangroves. Morningside Park already has 2.5 acres of mangroves, while the Nature Conservancy plan would install 1.86 acres of living shoreline. So, in closing, Pin offering the City of Miami a reimbursement grant of $450, 000 US dollars. We'll work out the details with the contract just like you did with the Nature Conservancy. But the big picture is that I will place $450, 000 in escrow. And when the seawall is finished, the City will receive the money. If I have not convinced you today, please know that I've only given you the tip of the iceberg and 1 would be thrilled to return to your next meeting for a personal appearance to give you a full presentation. Thank you. Vice Chair Russell: Thank you, Mr. Cruz. This item wasn't on the agenda today, but when anyone comes offering us free money, we certainly listen. But I would -- you know, I would like to understand a little more froni our City Attorney about what the legality and process of accepting half -a -million dollars from a resident to change our plans on a project would be. Is there a mechanism to receive funds from a resident? Ms. Mndez: A grant can be accepted obviously through the City Commission; however, I would really need Mr. Cruz to talk to the administration and get a few more details and see -- I mean, there needs to be a little more legwork. Vice Chair Russell: Yeah. Thank you. But Mr. Cruz, just to be clear, I -- just to show -- I don't want to take the bait on the money because this isn't about the money. This design is not simply about saving $400,000 that may come from another entity that is encouraging living shorelines. We're trying to find the right blend of shoreline adaptation for sea level rise and storm surge throughout the City, and in some places the seawall is appropriate, but where possible and hopeful, we do want to see natural solutions, not complete blockages with mangrove hedges that no longer allowed the sightlines to the water. But I believe somewhere in between that and where you are is what I hope to be a good nature -based solution that serves the community in a very positive way, creates more recreational space, does not obstruct views. The berm would be the exact same height as the seawall. And so, I continue to work with you, and I hear you every time. You're very active and I do appreciate that very much. We may at the end of the day disagree on the exact implementation of this project, but it's City of Miami Page 21 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 not simply about the money. I do want to tell you. So, thank you for the offer. We will learn the legalities of how and what that can be accepted but I'm sure this Commission will have a robust discussion about that at another time when this is on the agenda. So, thank you. Mr. Cruz: Thank you, gentlemen. Vice Chair Russell: Good morning, sir. You're recognized. Dharampalsingh Rawat: Good morning. I am Dharampalsingh Rawat. I reside at 1000 Venetian Way, Apartment 703 and 701, and on the East Tower. Mr. Baldwin actually who spoke earlier from this very state is my neighbor. On the other tower and being on the 7th floor. Really, we are exposed to the noise issue from the Joia restaurant. And really, I'm going to stress the issue is really about quality of life. 1 remember a few years ago, you yourself took the trouble to come to our building -- and I think that was a whole different project at that point, not this one. I don't know if you remember that. Vice Chair Russell: Oh, of course. It's changed because of your advocacy. Mr. Rawat: Huge, huge. Vice Chair Russell: It's a better change because of the residents' input. Mr. Rawat: 1 just hope the investment I have made, and we all have made in that building --1 moved there 30 years ago, and I hope to -- I an already retired. I hope to live there and enjoy my life and just hope that this noise and safety issue is addressed. Thank you so much. Vice Chair Russell: Thank you. Good morning, Mr. March. Mike March: Good morning, gentlemen. I was here for a deferred item which was PZ.1, and that was the NCD (Neighborhood Conservation District) amendments. Vice Chair Russell: It has been withdrawn so it's not deferred. Mr. March: Yes, thank you. You are correct. And I submitted two letters, hardcopies and also emails to you fine gentlemen. My primary concern is that on my, street of Charles Avenue in the West Grove, we have a hotel that could be going in at any time. It's going to be before you gentlemen in the Commission because it passed the City Planning and Zoning a year ago. That was February 2020, okay. And so, it's significant to the NCD amendments' because there's a line item on the NCD amendments where historically zoned property can receive zoning for general commercial use or a bed and breakfast use. So instead of the NCD amendments passing it that way, now we have another developer in the West Grove that's trying to put commercial intrusion on my quiet residential street of Charles Avenue in the form of a hotel just west of the Coconut Grove Playhouse. Okay. So, I would like you gentlemen to please bear that in mind when it comes before you. If you live on a quiet residential street, you may want to keep it that way. I'm just here to look out for my street as well. And so, unfortunately, I have to do it more than one way between the NCD amendments and then this upzoning, which will be before you at any time. Thank you for listening. Vice Chair Russell: Thank you very much. When you demolish historic shotgun houses, bigger things move in. Public comment. You're very welcome. [Later...] City of Miami Page 22 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Vice Chair Russell: For those of you -- is there anyone else here who would like to speak at public comments on any of the remaining items? Please come up to the lectern. And I understand we have a couple more phone calls. One more phone call as well waiting. Good morning. You're very welcome. Just your name -- Josepa Reyes Sanin: Good morning. Vice Chair Russell: -- the item, and you have a couple minutes. Thank you. Ms. Sanin: Josepa Reyes Sanin. Commissioner Reyes: What? Ms. Sanin: Yes. Commissioner Reyes: (INAUDIBLE). Ms. Sanin: Josepa Reyes Sanin. It's about the property lot at 2201 Southwest 26th Street 33133. It used to be a family home. Now it wants to be a public park for the City of Miami. And the last time we were here -- what was it, in January -- we debated about a doggy park. These are neighbors. One neighbor want doggy park, all these neighbors don't want doggy park. I don't know -- we have the sewer, like I have said before. 1 lived there since 1978, sir. The sewer's been there always, stinky neighborhood. In the summer, it is unbearable. Commissioner Reyes said that they are -- been thinking of moving that somewhere else, but everything takes a long time, like a river. The more it rains, the longer it gets. I understand. We have many children in the neighborhood. I think a doggy park although they're going to have somebody cleaning that on a weekly basis, the doo-doo. Now, what about the pee on the grass? The pee on the grass is going to stink. You're not going to put a diaper on your dog to take him down there. The doggies in the neighborhood have nowhere to do it. If they have marked their areas, that's where they're going to go. We put plastic bags by the tree. No doggy doo-doo here please. They do it in their own yard not in the City property, in your own yard. And they kept going. So, sir, I cannot fix the world, but I like to do things for people that no one would do for me. That's the person I am. I can live under a tree. I can live in a mansion. I can eat filet mignon. I can eat a hot dog and coke. I don't care. But I -- there's elderly people in the neighborhood, a lot of elderly people that walk around. And something I want to talk about is the police surveillance. We have robberies in that neighborhood including my home in 2017. We used to have police surveillance in that area. We don't see a police car unless there is a catastrophe in the neighborhood, sir. I'm worried about that. So, we're thinking as neighbors that it is better if we had cameras instead of a doggy park. I guess take down the fence and let the field loose. Cut it -- make sure you cut it every month. If not, Igo with the machete, and I'll cut it off -- Vice Chair Russell: Thank you. Ms. Reyes Sanin: -- so the grass won't grow this bigger, and I go cut it off: (UNINTELLIGIBLE) from the mountains, sir. I have never got used to this life but this is what I got. Vice Chair Russell: Thank you. Thank you for your comments. Ms. Reyes Sanin: So that's all. I don't know what the next thing will be. And hopefully, they will send the note again for this matter. Vice Chair Russell: Thank you. Commissioner. City of Miami Page 23 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Commissioner Reyes: Thank you for your comments. And this will -- everything will be taken into consideration. The idea of the doggy park came from people that they wanted the dogs to go and do their thing -- it's going to be cleaned -- instead of doing it in front of their house and in their yard and on the street. And that was the idea, but everything will be taken into consideration. And the cameras and any park, they're not mutually. exclusive. We are placing cameras. Ms. Reyes Sanin: You're working on that? Commissioner Reyes: Yes. Ms. Reyes Sanin: Because -- Commissioner Reyes: And also, I will take message to Commander Garrido about the increasing in criminal activity -- Ms. Reyes Sanin: Okay. Commissioner Reyes: -- which has been happening. And you see, both of my cars in front of my house, with cameras and all of that, were broken by a teenager. You see, I have it in candid camera, okay. Thank you. Ms. Reyes Sanin: 1 don't know, sir. If you want, you can have this list of the people. Commissioner Reyes: Give me a copy (INAUDIBLE). Ms. Reyes Sanin: Because I'm not making it up, you know. I don't want to say what the lady went there, and she wear a thing in her head and she -- Commissioner Reyes: No, no, no, no. Ms. Reyes Sanin: -- brought the list. They're not signed but -- Commissioner Reyes: Everything will be taken (UNINTELLIGIBLE) -- Ms. Reyes Sanin: -- I asked them and I checked. Vice Chair Russell: One more comment. Commissioner Carollo: 3:30? Ms. Reyes Sanin: I asked them, and I checked so -- Vice Chair Russell: We could, yeah. Ms. Reyes Sanin: -- thank you so much for your time. Vice Chair Russell: Thank you for your comments. Ms. Reyes Sanin: And have a blissful day. Vice Chair Russell: Thank you. Is there anyone else here to speak at public comment on any of the items on our agenda, both Planning and Zoning and the regular agenda? I'd like to take the last remaining phone call, please, and then we will break At. lunch. Good morning. You're on with City of Miami Commission. You have two minutes. City of Miami Page 24 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Heidi Carr: Good morning, hi. My name is Heidi Carr. I live at 615 Northeast 68th Street. And I'm calling in today to support the new conference center at Parrot Jungle. I'm a professor at the University of Miami. And they have hosted our students many times for different events here to go over and learn about different things. And the students always report back that it's the best day of their college experience. They just love it there. And I've witnessed three events myself. I just enjoy, it so much. And I'm just so happy that we can make it an even better place for people to go. Vice Chair Russell: All right. Thank you for your comments. Ms. Carr: Thankyou. Bye-bye. Vice Chair Russell: Bye. All right, everybody. We're going to break until 3:30. We'll reconvene for the remainder of the agenda at 3:30. Please enjoy your lunch. We'll see you right after. Commissioner Watson, have some soup. Commissioner Reyes: Commissioner Watson, take care of yourself. Okay. Commissioner Watson: Thankyou, sir. I appreciate it. MV - MAYORAL VETO(ES) NO MAYORAL VETOES There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. Vice Chair Russell: And before we move to public comment as a whole, are there any mayoral vetoes, Mr. Clerk? Todd B. Hannon (City Clerk): Chair, there are no mayoral vetoes. Vice Chair Russell: Thank you. END OF MAYORAL VETO(ES) City of Miami Page 25 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson CA.1 RESOLUTION 8467 Department of Resilience and Public Works CA.2 8620 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING ONE (1) 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 DEED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A COPY OF SAID DEED. ENACTMENT NUMBER: R-21-0080 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.1, please see "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY S.R., WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $100,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545013.0000.00000. ENACTMENT NUMBER: R-21-0081 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.1, please see "End of Consent Agenda." END OF CONSENT AGENDA Vice Chair Russell: I'd like to go back to the regular agenda, please. Let's start at the very top. Is there a motion for the CA (Consent Agenda) and the remaining PH (Public Hearing) agenda? This would be CA.1 and 2, PH.2, 3, 4, 5, 6, and 7. Commissioner Carollo: (INAUDIBLE). Vice Chair Russell: CA and PH. City of Miami Page 26 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Victoria Mendez (City Attorney): Remember that for PH.5 and 6 you received a substitution. Commissioner Reyes: All of them are four -fifths. Vice Chair Russell: I'm sorry, Commissioner? Commissioner Reyes: I think all of them are four -fifths, all the PHs -- Vice Chair Russell: Yes. Commissioner Reyes: -- are four -fifths. Vice Chair Russell: Except for PH. 7 -- Commissioner Reyes: Except -- Vice Chair Russell: -- is not a four -fifths. Mr. Hannon: And Chair just for the record, there's' a substitute for backup documents only for PH4. Substitute for backup documents only. Commissioner Diaz de la Portilla: I have a question about PH.4. Vice Chair Russell: Yes. You're recognized. Commissioner Diaz de la Portilla: This is a bid waiver for the redistricting services? Vice Chair Russell: It's a bid waiver and a conflict waiver. Commissioner Diaz de la Portilla: Right, so it's -- that's what I was going to ask. So, it's also a conflict waiver so -- just to be clear. So, I understand nothing's been changed. This allows for a conflict waiver for the entire law firm of Holland & Knight for any future conflicts. Is that correct? Vice Chair Russell: With regard to this issue, Madam City Attorney, correct? Commissioner Diaz de la Portilla: No, for any issue. Ms. Mendez: Right. It is a conflict waiver for Miguel De Grandy and Holland & Knight for all their clients, present and future. Commissioner Diaz de la Portilla: For eternity. Ms. Mendez: As long as we have hired Holland & Knight and Miguel De Grandy. Vice Chair Russell: Once their services are complete with regard to this -- the scope of this contract -- Ms. Mendez: Right. There wouldn't be a conflict at that point anyways so -- Commissioner Reyes: That's right. Vice Chair Russell: So, it's not eternity. It's just for the period of the redistricting process. Ms. Mendez: Right, as long as we've hired him. City of Miami Page 27 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Commissioner Diaz de la Fonda. So, the redistricting process, my understanding is the department -- the census department issued a statement that there will be no data points issued until September 30th. So, there's not going to be any redistricting this year probably because we don't have any data until September 30th unless we can, you know -- I think that's past our qualifying deadline. So, this contract, as long as it remains in place that we can terminate any -- within 30 days, correct? Ms. Mendez: Yes, sir. Commissioner Diaz de la Portilla: Did we pay them any money? Are we paying them monthly, or are we paying them one flat sum? Art Noriega (City Manager): Payments come in for 25 percent, 50 percent of the work, 75 percent of the work, 100 percent of the work. Commissioner Diaz de la Portilla: For a total of 100, 000? Mr. Noriega: Correct. So, it's based on work product. Commissioner Diaz de la Portilla: And what's the timing of that, those payments? The 25 percent and the -- Mr. Noriega: It's based on work product. So, there's no tinting about -- it could take him -- Commissioner Diaz de la Portilla: Well, how do you define work product? Because if we're not going to have any data points until September 30th -- Mr. Noriega: Then we would only get paid the upfront payment, and then he wouldn't get paid again until -- Commissioner Diaz de la Portilla: Okay. And then he wouldn't get paid again until - - even if Holland & Knight issues a report along the way, like September 30, they come back with an initial -- this is the census data that we have, the initial data point dropped, right? So, my question is, how long --? When will the 100 percent be paid before redistricting is actually a reality, which won't be until 2023 because we don't have an election until 2023. We may have one if you leave us, so that may be a special election. I don't know there will be redistricting in 2022. And then how long - - how many issues will Holland & Knight have before us in that one and a half, two- year, or three-year period, potentially two-year period? And during that two-year period, do they now have a complete across-the-board conflict waiver until redistricting is finalized, until we accept -- this body votes out a redistricting plan? Does that conflict waiver stay in effect until this body votes out a redistricting plan? Ms. Mendez: Until he represents us, which -- Commissioner Diaz de la Portilla: Until this body votes out a redistricting plan. Ms. Mendez: Right. Well, what if he doesn't --? Right, yes. Commissioner Diaz de la Portilla: Okay. Then if there's an appeal to that -- because that happens -- there's a lawsuit associated with the district because they always is for whatever reason -- right? -- always happens. There's always a lawsuit. That continues -- that conflict waiver remains in effect as he continues to represent us in those lawsuits as we move forward with redistricting. Ms. Mendez: If he is the one representing us, yes. City of Miami Page 28 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Commissioner Diaz de la Portilla: Okay. Commissioner Carollo: Madam City Attorney. Vice Chair Russell: Go ahead, Commissioner Carollo. Commissioner Carollo: The last two times that we had redistricting done and Mr. De Grandy did it, what lawsuits did we have? Ms. Mendez: The last time? Commissioner Carollo: The last two times. Ms. Mendez: The last one, the one that I was involved in, there wasn't -- 1 don't remember a lawsuit. Commissioner Carollo: That's what 1 thought. Ms. Mendez: But 1 can't tell you -- I would have to look for the one before that. Commissioner Carollo: Okay. I don't think there was one either. So, that's why I wanted to get that in the record. Secondly of all, it's very unclear still because the way the Census Department is jumping back and forth on whether they will give us information on not before we open up our quantifying period. Last, but not least, I think it's been clear they're going to get an upfront fee, and they'll be getting paid afterwards, and they got a flat fee that whatever time it takes them to accomplish this, that's all they're going to receive. Commissioner Reyes: That's right. Commissioner Carollo: Last, but not least, how much did you pay Senator Galvano, Mr. Manager? Mr. Noriega: Let me get that number for you. I don't know off the top of my head. Commissioner Carollo: It's pretty close to $50,000, right? Commissioner Diaz de la Portilla: No. Mr. Noriega: I don't believe so actually. Commissioner Carollo: How much was it then? Mr. Noriega: Let me find out. I'll -- let me find out. Commissioner Carollo: Yeah, bring it back sometime so we will know. Mr. Noriega: No. I'll try, to get it for you before the meeting's over if you'd like. Commissioner Carollo: Okay. Vice Chair Russell: Commissioner, you're recognized. Commissioner Diaz de la Portilla: My biggest concern -- I know it was less than the 25,000 we're going to pay -- I know for a fact it was less than the 25,000 we're going to pay Mr. De Grandy upfront to do work that's not going to be done for over two years, number one. Second of all, the Census Bureau already came back and we -- I'll get you a copy of the letter to all the offices of the Commissioners. City of Miami Page 29 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Commissioner Carollo: I've seen the letter. Commissioner Diaz de la Portilla: Okay. Commissioner Carollo: The letter is not fully clarified -- Commissioner Diaz de la Portilla: It was for me. Commissioner Carollo: -- whether they might have some things before or not. Commissioner Diaz de la Portilla: They made it very clear that it's not until September 30. Commissioner Carollo: But you didn't have so many questions when you had asked Mr. Galvano. Commissioner Diaz de la Portilla: Listen, that's not before -- Commissioner Carollo: Well, but -- Commissioner Diaz de la Portilla: But that's not before us. This is not a debate. Commissioner Carollo: But it is before us. Commissioner Diaz de la Portilla: And I have the floor. No, it's not. It's not before us. Commissioner Carollo: What you're bringing up now, you asked Mr. Galvano -- (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Diaz de la Portilla: Because Mr. Galvano (phonetic) did not reflect a conflict waiver for an entire law firm because, number one, he doesn't lobby us. Commissioner Carollo: If -- Commissioner Diaz de la Portilla: He doesn't have two dozen clients, and that's why there isn't a debate. My problem with this is that he's requesting an across-the-board conflict waiver for two years or more. And Mr. Galvano and anyone -- Commissioner Carollo: It's not two years or more. Commissioner Diaz de la Portilla: And I wouldn't give that to anyone. It is because we're not going to have it -- I would not give a conflict waiver to any law firm, including Mr. Galvano's because if we give it to this law firm, an across-the-board waiver that any law firm, I could file a resolution tomorrow for the next Commission meeting that waives every law firmn's conflict of interest during a particular process because they represent clients before us. This is nothing -- this is something that's unprecedented. Commissioner Carollo: Commissioner -- Commissioner Diaz de la Portilla: Unprecedented so, you know, it doesn't matter. At the end of the day -- Commissioner Carollo: Number one, if we run into any areas that are problematic to City of Miami Page 30 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 us in any way, we have the right to immediately cancel this contract. That's why I haven't had any concerns about it because if we run into anything, we have that right. But with all due respect, 1 don't believe your concerns is about that at all. It's about that Mr. Galvano's not here and Mr. De Grandy's here. Commissioner Diaz de la Portilla: You don't know -- Commissioner Carollo: (UNINTELLIGIBLE) which way. Commissioner Diaz de la Portilla: No, you don't know what my concerns are. Commissioner Carollo: Mr. De Grandy. Commissioner Diaz de la Portilla: No, 1 disagree. Actually, this is not personal. It's one of the things that I never do. I never turn anything personal. Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: So maybe you're projecting. I don't do that. I don't turn anything personal. Commissioner Carollo: All right. Commissioner Diaz de la Portilla: I simply think as a legislative body that's at stake to give any law firm, Mr. De Grandy's, any law firm an absolute across-the-board waiver -- and our City Attorney agrees with that. Commissioner Carollo: You made -- Commissioner Diaz de la Portilla: It's unprecedented. Commissioner Carollo: -- your point the last meeting when (INAUDIBLE) -- Commissioner Diaz de la Portilla: I'm making it again now. Commissioner Carollo: -- for a long time, and you're making it again now. Commissioner Diaz de la Portilla: And I'll make it again next week. And I'll make it again the following week. Commissioner Carollo: You can make it -- Commissioner Diaz de la Portilla: And when the conflict occurs, I'll make it again. Commissioner Carollo: Yeah, you can make it all the time you want to. Commissioner Diaz de la Portilla: I will. That's why I'm here. [Later...] Vice Chair Russell: Going back to the remainder of the CA agenda and PH.2, 3, 5, 6, and 7. Commissioner Reyes: Move it. Vice Chair Russell: Moved by Commissioner Reyes. Commissioner Diaz de la Portilla: Second. City of Miami Page 31 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Vice Chair Russell: Seconded by Commissioner Diaz de la Portilla. Any further discussion on these items? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on CA.1, 2, PH.2, 3, 5, 6, and 7. City of Miami Page 32 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 PH.1 7611 PH - PUBLIC HEARINGS RESOLUTION MAY BE DEFERRED Department of Real A RESOLUTION OF THE MIAMI CITY COMMISSION ("CITY Estate and Asset COMMISSION"), WITH ATTACHMENT(S), BY A FOUR -FIFTHS Management (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 29-B, EXCEPTIONS SUBSECTION (C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"); WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PURSUANT TO SECTION 18- 85(A) OF THE CODE OF THE CITY OF MIAMI, AS AMENDED ("CITY CODE"), BASED UPON RESOLUTIONS R-16-0347 AND R- 16-0348 ADOPTED JULY 29, 2016 AND SUBSEQUENT SPECIAL ELECTION RESULTS OF TUESDAY, NOVEMBER 8TH, 2016 WHICH AUTHORIZED THE RELATED AMENDMENT OF THE CHARTER AS CERTIFIED BY RESOLUTION R-16-0618 ADOPTED DECEMBER 8, 2016 (COLLECTIVELY, "CITY COMMISSION AND VOTER REFERENDUM APPROVALS"), AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY AND DADE HERITAGE TRUST, INC., A NOT -FOR -PROFIT CORPORATION ORGANIZED UNDER FEDERAL AND STATE OF FLORIDA LAWS ("LESSEE"), FOR THE CITY -OWNED BUILDING LOCATED AT 190 SOUTHEAST 12TH TERRACE, MIAMI, FL 33131 ("PROPERTY") FOR A LESSER INITIAL TERM OF FIFTEEN (15) YEARS WITH TWO (2) FIVE (5) YEAR RENEWALS, FOR MINIMUM ANNUAL RENT OF SIX HUNDRED DOLLARS ($600.00) IN MONTHLY INSTALLMENTS OF FIFTY DOLLARS ($50.00), WITH CONSUMER PRICE INDEX ADJUSTMENTS, AND WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS, INCLUDING BUT NOT LIMITED TO AIR RIGHTS, MINERAL RIGHTS, AND RIPARIAN RIGHTS, TO THE PROPERTY, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY TO BE SET FORTH IN SAID AGREEMENT IN ACCORDANCE WITH SECTIONS 18-188, 180-89, AND18-190 OF THE CITY CODE AND THE CITY COMMISSION AND VOTER REFERENDUM APPROVALS, AND ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item PH.1 was deferred to the March 11, 2021, City Commission Meeting. City of Miami Page 33 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Note for the Record: For minutes referencing Item Number PH.1, please see "Order of the Day" and "Public Comments for allltem(s)." PH.2 RESOLUTION 8562 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ADDITIONAL ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 3 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE FUND IN A TOTAL AMOUNT NOT TO EXCEED THIRTY FIVE THOUSAND NINETY TWO DOLLARS AND FORTY SEVEN CENTS ($35,092.47) TO CATHOLIC CHARITIES OF THE ARCHDIOCESE OF MIAMI, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CATHOLIC CHARITIES"), IN SUPPORT OF CATHOLIC CHARITIES' SERVICES FOR THE ELDERLY AT THE MYERS SENIOR CENTER, RESULTING IN TOTAL ALLOCATION AMOUNT OF ONE HUNDRED FIFTY NINE THOUSAND THIRTY FIVE DOLLARS AND FIFTY THREE CENTS ($159,035.53); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0082 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PH.2, please see "End of Consent Agenda." City of Miami Page 34 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 PH.3 RESOLUTION 8563 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, BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 3 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE FUND IN A TOTAL AMOUNT NOT TO EXCEED TWO HUNDRED TWENTY THOUSAND NINE HUNDRED THIRTY THREE DOLLARS AND FORTY FOUR CENTS ($220,933.44) TO CATHOLIC CHARITIES OF THE ARCHDIOCESE OF MIAMI, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CATHOLIC CHARITIES"), IN SUPPORT OF CATHOLIC CHARITIES' DISTRICT 3 NOVEL CORONAVIRUS RELIEF MEALS PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0083 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PH.3, please see "End of Consent Agenda." City of Miami Page 35 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 PH.4 8613 City Manager's Office RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 ("CITY CODE"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE PROVISION OF REDISTRICTING SERVICES BY HOLLAND & KNIGHT LLP, A FLORIDA LIMITED LIABILITY PARTNERSHIP ("H&K"), AND ENGAGING MR. MIGUEL DE GRANDY FOR THE FLAT FEE OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00), CONTINGENT UPON APPROVAL OF THE WAIVER OF CONFLICTS FOR H&K AS STIPULATED IN EXHIBIT "B", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND H&K, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0084 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Carollo, Reyes, Watson NAYS: Diaz de la Portilla Commissioner Diaz de la Portilla: So, I want PH.4 taken out because I'm going to vote against it. Commissioner Carollo: Just don't -- Commissioner Diaz de la Portilla: So, we -- Commissioner Carollo: Don't have the extended time that we keep taking on this, you know. If you want, you could tell us every meeting how many minutes you want to deal with this. Commissioner Diaz de la Portilla: No. Commissioner Carollo: But -- City of Miami Page 36 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Commissioner Diaz de la Fonda. Because when you go on and on, Commissioner, you don't tell us how many minutes you're going to speak. You don't limit my right to address any issue. Commissioner Carollo: Well, you know what? I'm just going to do it right now. You made your statement. Unless you have anything different to say -- Commissioner Diaz de la Portilla: Well, I have to (INAUDIBLE) -- Commissioner Carollo: I'm going to put a notion right now to call the question. Commissioner Diaz de la Portilla: You make whatever motion you want to make. What I'm going to do -- Commissioner Carollo: I'm making a call to call the question. Commissioner Diaz de la Portilla: I don't want to vote -- I want to vote against PH 4, so I can't vote for all of them. Vice Chair Russell: We'll take it separately. Commissioner Diaz de la Portilla: Exactly. Vice Chair Russell: That's a motion. Commissioner Carollo: What more are you going to ask for? You can vote against it. Commissioner Diaz de la Portilla: That's what I'm doing. Vice Chair Russell: It's a motion from Commissioner Carollo for PH4 on its own. Commissioner Carollo: Correct. Vice Chair Russell: Seconded by the Chair. Is there any further discussion on PH4? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Commissioner Diaz de la Portilla: No. Commissioner Watson: Aye. Vice Chair Russell: Motion passes 4-1. Is that correct? Thank you very much. City of Miami Page 37 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 PH.5 RESOLUTION 8617 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI PURSUANT TO SECTION 18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE CITY MANAGER'S RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY FOR LITTLE HAITI FC INC, A FLORIDA NOT FOR PROFIT CORPORATION, TO PROVIDE SOCCER PROGRAMMING AT LITTLE HAITI SOCCER PARK; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROGRAMMING AGREEMENT, APPROVED BY THE DEPARTMENT OF PARKS AND RECREATION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE SERVICE AUTHORIZATION LETTERS AND ANY AND ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0085 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PH.5, please see "End of Consent Agenda." City of Miami Page 38 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 PH.6 RESOLUTION 8618 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), PURSUANT TO SECTION 18-86(A)(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE CITY MANAGER'S RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY FOR FIRST SERVE MIAMI, INC., A FLORIDA NOT FOR PROFIT CORPORATION, TO PROVIDE TENNIS PROGRAMMING AT MOORE PARK TENNIS CENTER; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROGRAMMING AGREEMENT, APPROVED BY THE DEPARTMENT OF PARKS AND RECREATION, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE SERVICE AUTHORIZATION LETTERS AND ANY AND ALL OTHER NECESSARY DOCUMENTS, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, FOR SAID PURPOSE. ENACTMENT NUMBER: R-21-0086 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PH.6, please see "End of Consent Agenda." City of Miami Page 39 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 PH.7 RESOLUTION 8644 Commissioners and Mayor 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 TRANSFER, WITH RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, THE CITY OF MIAMI OWNED PARCEL OF LAND AND ALL IMPROVEMENTS THEREON LOCATED AT 1492 NORTHWEST 62 STREET, MIAMI, FLORIDA, FOLIO NO. 01-3114-035-1690, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO MULTI -ETHNIC YOUTH GROUP ASSOCIATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("MEYGA"), FOR THE REDEVELOPMENT OF THE PARCEL FOR THE EXPANSION OF ITS LEARNING CENTER FOR AT -RISK CHILDREN AND YOUTH IN THE COMMUNITY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, TO TRANSFER THE PARCEL TO MEYGA. ENACTMENT NUMBER: R-21-0087 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PH.7, please see "End of Consent Agenda." END OF PUBLIC HEARINGS City of Miami Page 40 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 RE.1 RESOLUTION 8555 Office of the City Attorney RE - RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT, IN A FORM ACCEPTABLE TO OUTSIDE COUNSEL, WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST, THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED WEST FLAGLER ASSOCIATES, LTD., VS. CITY OF MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 19-21670-CIV- SCOLA, UPON THE EXECUTION OF A JOINT STIPULATION OF SETTLEMENT. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item RE.1 was deferred to the March 11, 2021, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number RE.1, please see "Order of the Day." Scott Savin: Morning, Commissioners. I'm Scott Savin, 401 Northwest 38th Court from West Flagler Associates. And I'd like to respectfully request a reconsideration of the deferral on RE.1. And I'd just like to do a couple of factual updates for you. Vice Chair Russell: I apologize. You represent? Mr. Savin: West Flagler Associates. Vice Chair Russell: Thank you very much. RE.1. Mr. Savin: We listened very carefully to the Commission's last meeting and heard what the Commissioners had to say, and we listened to Mr. Braman and heard what he had to say. Want to just quickly clarify two points that Mr. Braman made. First, he spoke about Allentown, Pennsylvania as the only city that's seen anything positive happened since a casino has opened. We do want to quote you the crime statistics for Flagami, which is our area where Magic City Casino is located. Since we opened, overall crime is down 31 percent, homicides down 72 percent, and violent crime down 51 percent. We also want to point out that Mr. Braman said that no major financial centers have casinos or gaming. But Los Angeles, Chicago, London, and Paris all have gaming casinos, sports wagering and parimutuel wagering. Most importantly, Tye just wanted to update the Commission on where we are in our negotiations. The City Attorney, Ms. Mendez, and outside counsel, Rocky Rodriguez, has been outstanding in working with us and trying to advance the negotiations. We believe -- City of Miami Page 41 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 and they could confirm -- that we actually do have a settlement in place and that the sort of cog in the wheel is actually Mr. Braman. So, our settlement which was proposed -- and the City has -- just want to clarify it -- is that we would get the cardroom and the jai alai fronton. There would be a carve -out only for sports wagering if and only if it becomes generally available to all the residents of the state of Florida. Aside from that, there will be a full prohibition on any and all gambling and wagering activities at that location. The door would be closed. No camel is coming under the tent. The problem that we're having is that Mr. Braman is asking for the City Commissioners to add an amendment, an ordinance that says that the City of Miami is prohibiting gambling in the entire city. We're not a party to that and that's not a part of our settlement agreement with the City. It's impossible for us to deal with the City while Mr. Braman is telling us that without the Commissioner's adding that amendment, they will not agree to the settlement. Vice Chair Russell: I'm sorry. A couple of things I need to follow and understand. The last thing you just said is there's an amendment for a complete moratorium on gambling in general, or that is a separate ordinance that will be brought at some later date? Mr. Savin: Mr. Braman and the City Attorney perhaps, or outside counsel can clarify has said they will not agree to the settlement terms unless the City Commission passes an ordinance prohibiting gaming -- Vice Chair Russell: Okay, passes an ordinance. Mr. Savin: Yes. Vice Chair Russell: So, we could not amend a settlement promising a future ordinance. Obviously, there is a body here that would vote on it at that time, so it could undermine a settlement if the majority of that Commission might not even be us here when it happens. So, I don't believe that we can promise in a settlement what a future ordinance will read. Mr. Savin: And that's exactly our point, that we have an agreement -- we believe that the City -- Mr. Braman is not arguing with the term -- the points of our agreement. He's adding the additional caveat that he will not agree to that settlement unless he gets his ordinance. Vice Chair Russell: Thank you. I have not heard that, but your previous statement said you have a settlement in place. What does that mean? Mr. Savin: We have proffered to the City -- and again, Ms. Mendez or Ms. Rodriguez could speak better than me as to where we stand on it. Our understanding is that it is acceptable to outside counsel for the City and to Ms. Rodriguez -- sorry, and to Ms. Mendez. Vice Chair Russell: Got it. So -- Victoria Mendez (City Attorney): Outside counsel, I'm sorry. Vice Chair Russell: Yes. Ms. Mendez: So, Ms. Rodriguez. Vice Chair Russell: Our City Attorney's not involved in the substance of -- Mr. Savin: Okay. City of Miami Page 42 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Vice Chair Russell: -- these negotiations. But I have heard from both sides and it's not fully consistent with what I've heard you say here today. I'm not saying what you're saying is not true, but it's not what was relayed to me by both our City Attorney and Mr. Braman's side. We have deferred the item. I recognize the other side's counsel has already left and the public who would expect that we will follow through on that deferral. It sounds like we are not fully there yet, and it sounds like there are some incon -- not inconsistencies, but incomplete terms of settlement that need to be sewn up. And I really believe we can get there. You may be fully right. And maybe what's being requested may not be reasonable. That's for us to decide as a body. But 1 think well have the time to do that, and I look forward to you all continuing on this just for a couple more weeks and we'll get it together. Mr. Savin: All right. I know Izzy's going to go next, but our concern is we can't go any further. We've given up the future of any gambling and wagering activities at that location forever. So, we can't go any further and the City understands that -- or the outside counsel for the City understands that. It's Mr. Braman that's now stipulating an ordinance that first off -- Vice Chair Russell: I have not heard that yet. I have not heard that. Mr. Savin: Well, 17l let Lzy comment. Vice Chair Russell: Just a moment. Just a moment, Mr. Havenick. Are you complete with your public comment? Mr. Savin: Yes. Vice Chair Russell: All right. Thank you so much. I appreciate your comments. Mr. Savin: Thank you. Vice Chair Russell: Mr. Havenick, good morning. How are you? Isadore Havenick: Commissioner, hi. Thank you. Izzy Havenick, West Flagler Associates, 401 Northwest 38th Court. And I live in your district. You haven't heard from both sides. Our lawsuit is against the City. You keep saying you've heard from Mr. Braman and the City, yet you've never heard from me. I am here again in my lawsuit with the City that Mr. Braman is not a part of. Mr. Braman's lawsuit against the City is a separate lawsuit over whether the mayor could veto things or not. That's not something I'm a party to. You proposed an amendment two years ago. I have -- we have agreed to every part of your ordinance. We have agreed to come back, for a four -fifths vote if one aspect of gaming which isn't contemplated in Florida law is contemplated by the state and given to everybody in the state. Yes, sir. Vice Chair Russell: I'm sorry to interrupt because I'm -- that's not what I understood was offered within the settlement. When you say you are offering to comply with the ordinance, that means you would actually go through the jour fifths process for everything? Mr. Havenick: I'm going through the ordinance for everything I didn't have granted to -- Vice Chair Russell: Got it. Mr. Havenick: -- by the state prior to your ordinance. And that is what the settlement that we have proffered to the City and the City has seemingly thought was a fair City of Miami Page 43 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 settlement. We've agreed to pay the attorney -- to not come for attorney fees. We have agreed to drop our lawsuit against the City. And in an effort to bolster your ordinance, which Mr. Braman's attorneys who aren't here wrote, we have agreed to come back for a four -fifths vote on any gaming that is allowed in the state of Florida that is not specifically carved out by our settlement, which we've given up every form of casino gaming, which was your concern. We've given up slot machines. We've given up video lottery tournaments. We have given up craps. We have given up roulette. We have just said if one aspect of gaming is made readily available to parimutuels, sports facilities and everybody else, we will come back and get our vote from you. We have done everything you have asked in good faith and including sat down with a third party who is not a resident of the City of Miami. We have done everything, and you continually ask more, more, more, and just defer us. It's not fair. It's not right. We have done everything you've asked, and you've never sat with our side, and now we are making your ordinance stronger. We're agreeing to anything we didn't have once your ordinance passed, to come back to you per your request. We are agreeing to not fight your ordinance for anyone in the future. Now you want us to sit and wait while you agree with some third party, to something that may or may not be constitutionally legal in the State of Florida to hold up our settlement, to cost the taxpayers more money. It's just blatantly unfair. Vice Chair Russell: Thank you. Mr. Havenick, I think there's some misunderstanding or maybe miscommunication. We have not agreed to anything of terms that we will or will not accept under what Mr. Braman would like or not like. So, he may propose anything into the settlement, but it's this body at the end of the day that will vote on what that settlement looks like. The crux of our disagreement is whether or not your organization was already past the line when our ordinance passed. When we created that ordinance, either you had vested rights, or you did not. I'm of the belief -- and the Administration advised me at that time -- that you did not. And so, the ordinance would apply to your application in our belief. And in its current path, that could be left up to a judge, which is risky for us; it's risky for you. So, we are engaged in good faith settlement negotiations here. Unfortunately, we as a body have not been able to go into shade meeting to even see how each other feels about this in the moment. And I'rn getting somewhat of a sense because you are a respectable businessman in the community, you provide a lot of jobs, you have a plan, you don't want to see the goalpost moved. So, either you had a vested right, or you didn't. But instead of maybe letting a judge decide that perhaps there's a settlement that we can all come to. And I am doing so in good faith. It's not about asking for more and more. It's not simply about doing what another stakeholder wants. I think, you know, I -- Mr. Havenick: How? How is what you're saying true to me? You have moved the goalpost. We had negotiated with your attorney in good faith. You guys then deferred the shade station where she wants to brief you on (UNINTELLIGIBLE). We then negotiate for two weeks with a third party who has no bearing on our lawsuit at your request. At the last meeting, Mr. Braman got up. You asked; again, we've done it. We have kept the Commissioners who do speak to us apprised of everything at every turn. Again, we are asking you to hear our settlement, not Mr. Braman's settlement, our settlement. You won't even let the item come up for a discussion. You've deferred it again so that your attorneys could explain it here in a public forum. You won't even allow it to be heard. How is that acting in good faith? Vice Chair Russell: We are, we are. Everything is being done by correct process. You may not -- you may, want a settlement today, but we are not there yet. We believe a few more days will button this up. I'm sure the agreement will come even long before the March 11 th meeting. So, we've already taken action to defer it to that day, and the other attorneys have already left the building based on that action of the body. City of Miami Page 44 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Mr. Havenick: But the other attorneys are not a part of our settlement. Your attorney's in the building. I see her. She's a beautiful woman right there. 1 believe your outside counsel is on a Zoom. Vice Chair Russell: Our City Attorney is not a party to this discussion as much as those attorneys are not a party to the discussion. We have third party counsel on this issue, so thank you. Commissioner Reyes: Mr. Chair. Ms. Mendez: Chairman? Vice Chair Russell: Yes, Ms. Mendez: So, if we can -- if you want to discuss this, can we speak to Rocky Rodriguez? She's on the panel on Zoom. Commissioner Reyes: Yes. Ms. Mendez: However, because everybody was trying to reach a global settlement -- and I'm just talking about, you know, the procedure here, not about any substance because I'm not aware of all the substance. I just would like for -- if Mr. Martos is still in the building -- because it was a global settlement that everybody was talking about. And then if you want to talk about -- Vice Chair Russell: Well, it seems that they would like to hash out the settlement on the dais now today. The other parties -- Ms. Mendez: We could talk about -- Commissioner Diaz de la Portilla: That's not true. Ms. Mendez: They could talk about the points. That's fine. Butl think that maybe the other parties to the global settlement should be here as well. Vice Chair Russell: From a -- it is true because they've actually stated what they believe we want and they're stating what they want. Just a moment, please. Commissioner Diaz de la Portilla: Well -- Vice Chair Russell: Madam City Attorney -- Commissioner Diaz de la Portilla: -- you have to recognize other members of the body when you have a chance. Vice Chair Russell: Just a moment. I'm speaking, please. Commissioner Diaz de la Portilla: I know but please recognize -- Vice Chair Russell: Madam City Attorney, from a procedural perspective, we have voted on a deferral of this item. Commissioner Reyes: Yes. Vice Chair Russell: Where does that put us now to open up discussion on the item? Ms. Mendez: You would have to reconsider -- City of Miami Page 45 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Vice Chair Russell: Thank you. Ms. Mendez: -- the deferral. Vice Chair Russell: I would like to not have discussion on this item unless we are reopening it. If we choose to reconsider the item of whether or not to take up the settlement, then that would put it on the floor in my mind. Commissioner Reyes: Mr. Chair -- Vice Chair Russell: But right now -- (MULTIPLE PARTIES SPEAKING IN UNISON) Vice Chair Russell: -- we're taking it -- Commissioner Diaz de la Portilla: Then I'll take a -- Vice Chair Russell: -- in public comment. Commissioner Diaz de la Portilla: -- point of personal privilege and I'll have my conversation that 1 want to have. Vice Chair Russell: You're recognized -- Commissioner Diaz de la Portilla: So, I'll take a point of personal privilege. Vice Chair Russell: -- Commissioner. Commissioner Diaz de la Portilla: Thank you very much. I think the frustration that you're hearing, Mr. Chair, is that they've been waiting and waiting and waiting, and they're waiting for an answer from us and from -- I agree the global settlement is being worked out. My understanding was that there is a global settlement being worked out. Is that the case? Mr. Havenick: Yes, sir. Commissioner Reyes: Okay. So, is there --? I think -- if they knew there was a timeframe when they were going to have an agreement by, in two weeks, I could understand a deferral. But I think the frustration comes -- and I could see it in your voice and your tone; that's why I came back out -- is that it's -- every time -- like what I said when I was first elected here, everything here is "we'll live to fight another day, we'll live to talk about it another day." It's a deferral, another deferral, another deferral. Why don't we just solve matters and move on? What's the problem with having conversations to get closer to a global settlement at least on the dais here today and at least have an idea how far apart they are? Listen to Ms. Rodriguez, see what she has to offer, and have them tell us whatever they can within legal parameters of where they are to see if there's actually light at the end of the tunnel. So, to me -- it's vour district, I get all that. You represent the area. But it's also a major issue for the City of Miami. And Commissioner Reyes represents the track that they own. I represent the land that they own in front of that. So, they have -- this is a family that's invested in our community that has -- creates jobs in our community, as Mr. Braman does. That's why he's been given a fair shake along the way, but they need to be given a fair shake. So, let's have the conversation. So, just -- you started the meeting with a deferral, and then you say, "Well, you know, it's not being debated today." When is it going to be debated? City of Miami Page 46 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Vice Chair Russell: When the item's on the floor. Commissioner Diaz de la Portilla: Well, okay, it's been on the floor 17 times for how many years? So when? I didn't ask when it's on the floor. I know it's been on the floor. How many times has it been on the floor? How many times it's been on the floor, Madam Attorney? How many times has this issue come up before this Commission? Before I was here, right? Ms. Mendez: Yeah. Commissioner Diaz de la Portilla: Way before 1 was here. Ms. Mendez: Yes. Commissioner Diaz de la Portilla: Okay. So how long? After I leave? How long? Do you have an idea of what you want to do with this issue as Commissioner for that particular district? What's your idea? And when do you want to resolve whatever the idea is, or present it to this Commission? And what is the global settlement? Where are you with the global settlement right now? And why can't we, as a new Commissioner, relatively new compared to you -- who has seen this issue come up a number of times since I've been here for a year and a couple of months -- when can I get some input from the parties so that 1 can make a better decision? And I'm willing to listen to both sides. Ever since 1 got here, I said I'm going to make sure that 1 listen to both sides of an issue. Both sides have good arguments. They do. 1 spoke earlier about a little bit of a sense of unfairness at how about the goalposts were moved on them when they went through certain things. 1 get the idea of not having gaming centers all over the place. I get that too, and Miami is a different economy. It's not what it was 20 years ago. I was a pro gaming legislator when I was in the Senate. I'm still pro gaming, but I don't believe we should have gaming everywhere now because Miami's changed. But if a limited venture that has only a cardroom that requires a four -fifths vote, that if they want to do anything else, baccarat or whatever, roulette or whatever it is down the line, they have to come back to this a -- this Commission, not us, but whoever's' here with a four -fifths vote. And they've agreed and proffered all that. That seems like sort of a pretty fair solution. I mean -- Vice Chair Russell: But is it a fair --? Commissioner Diaz de la Portilla: So -- please. It seems to me like a pretty fair solution. I'd like to know why you think it's unfair, and I want to know why Mr. Braman thinks it's unfair. And I want for them to tell me if they're really committed to what they're saying or they're just going to find a way around this Commission is going to do today through the state or other venue -- other avenues. I want to make sure it doesn't happen either. I get that too because I know you don't want a full- blown gaining site in your district or in that part of Miami. It may not belong there. I don't know, but I don't have a problem with a cardroom there. I don't have a problem with that. I do have a problem with a full-blown casino there. So, that's kind of my balance. And all I want to know is -- I want information so I can make an intelligent decision. And to limit that flow of information is not the right way for any legislative body to proceed. So why not have the conversation? At least we get to -- we move the ball a little bit down the field, and then when you come back to us and you say, "Look, we're going to resolve this. There's a global settlement will come into place, or there'll be a global settlement in two weeks, in a month," whatever it is. But every time they come here with an expectation -- them or the other side, both sides -- of a resolution, we punt, and we punt, and that's where the frustration comes from. Vice Chair Russell: I understand. So, Commissioner -- City of Miami Page 47 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Commissioner Reyes: Mr. Chair. Vice Chair Russell: --1 do hear you. And we have open discussion happening right now. You are here in your capacity for public comment, and we can ask questions of you and respond, and we can talk to each other. I'm okay with that. Commissioner Diaz de la Portilla: Okay. That's all I ask. Vice Chair Russell: I'd like to address your ques -- and you and I may not be so far off in terms of gaming in general and how we feel. Commissioner Diaz de la Portilla: And I agree with that. Vice Chair Russell: And 1 would -- Commissioner Diaz de la Portilla: But we can't talk to each other because we have Sunshine -- right? -- so we could only -- Vice Chair Russell: Correct. Commissioner Diaz de la Portilla: -- talk to each other here. Vice Chair Russell: This is the moment or a shade meeting. But -- Commissioner Reyes: Or in a shade meeting. Commissioner Diaz de la Portilla: Or a shade meeting. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Which is another thing we need to have. Commissioner Reyes: We should have a shade meeting. Vice Chair Russell: Which we apparently cannot have. So, this is our moment and I'm okay with that. Commissioner Reyes: But that is -- Vice Chair Russell: The reason Pm okay with the deferral today is because I did see forward movement. I did hear that there is further meeting of the minds. You may not be there yet. You want something, they want something, we want something. Commissioner Reyes: But -- Vice Chair Russell: I'll tell you where I am very specifically is I do not believe the goalpost was moved on you. I do not believe you had a vested right. I was very proud of that legislation to protect the quality of life of residents and at least give them a voice at the table and create a higher level of scrutiny and approval for gaming to move into a residential neighborhood. Commissioner Diaz de la Portilla: But it was after the fact. Vice Chair Russell: Just -- I don't believe it was. And all of our staff -- Commissioner Diaz de la Portilla: Twenty-three days after the fact. Vice Chair Russell: I'm sorry. Our Law Department, our Planning Department -- I City of Miami Page 48 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 would not have brought the ordinance at that time if 1 was told by our staff that we were after the fact. It is our belief as City that the ordinance was passed correctly and that it does apply to you. So, a settlement would actually be giving you everything you came for, the cardroom and the jai alai, without having to go through the ordinance. Mr. Havenick: (UNINTELLIGIBLE). Vice Chair Russell: I may be open to that. I may be open to that under certain conditions. But Pm not yet, and I really believe that we should protect our ordinances. When we work hard to create legislation to protect our residents, we shouldn't just fold because someone wants it another way. Now, if it is proven in a court by a judge that you were ahead, as Mr. -- as Commissioner Diaz de la Portilla believes, you may be right. We may be wrong as a City. I may be wrong as a Commissioner. And before getting to that and potentially losing money, holding you up further, I am definitely open to entertaining a settlement, but it's got to continue to maintain the protection of our residents '+ quality of life and the ordinance in as much as we can because I want to stand by that ordinance even with any applicant who should have legally applied. Mr. Havenick: May I ask a question? Vice Chair Russell: So, that's why 1 am where I am and that's why I'm not ready. Mr. Havenick: Right. And may I ask a question though? Vice Chair Russell: Yes. Mr. Havenick: As the resident who lives in the district, who lives in the area where this is going -- okay? -- the only one in this fight, by the way, who can say that -- I think you would agree to that. Vice Chair Russell: Yes. You're a little bit of a biased resident, but yes, you absolutely are. Mr. Havenick: But I am the only one who in the fight. Vice Chair Russell: True. Mr. Havenick: Of course, I'm biased. I'm in the fight, okay. Is your intention to ever come to a settlement with us, or are you going to continually kick down, as has been -- Vice Chair Russell: Absolutely. Mr. Havenick: -- the practice since -- Vice Chair Russell .• That's a fair question. Mr. Havenick: -- you've been Chair for the last --? We are now on -- we're on 56 weeks since we originally came to the City and came to a meeting of the minds with the City Attorney. We are 56 weeks of debate on the settlement. Are you ever going to let it be heard? Vice Chair Russell: So, with all incredible sincerity, Pm telling you yes. I am open to a settlement. I don't understand why you have not gone through the process and applied for the .four fifths. You may have already gotten -- because remember that ordinance is not a moratorium on gambling. That's a process for you to get gambling City of Miami Page 49 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 in a neighborhood, just giving the residents more space at the table. I'm surprised you haven't applied through that process. But 1 understand you're protecting your rights because you believe an ordinance does not apply to you. I respect that. 1 disagree with it, but I respect that. I am sincerely open to a settlement, and I believe and understand that you all are getting closer, and we can get closer too. So, that is my goal to bring a finalized settlement in this next meeting. Commissioner Reyes, you're recognized. Commissioner Reyes: Yes. I was briefed by the attorney that they call Rocky Rodriguez. 1 was briefed by her and she informed me that they were very close to a settlement -- I mean, to an agreement that the other party had accepted the cardroom and jai alai, but the only problem that they had was -- the only impediment to that settlement was that they wanted to get a promise or a ban on something that hasn't even happened, which is the authorization of sports betting, something that is happening now, but it hasn't been sanctioned by the state. But it's happening, it's happening now and that's what I was referring to. Now, I've learned -- and that's where moving the goalpost canes around. Now, that the -- besides the promise of not opening or not using the right to have sports betting, something that you cannot block the internet, okay, because its through the Internet and it is happening now, is a fact. Now, they want a referendum to ban casino gambling. Vice Chair Russell: In this settlement? Commissioner Reyes: That's what he said that they are adding that. (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Reyes: Let me ask you something. You know, I love everybody in this city. I work with everybody, and I respect the contribution of all -- of everyone that has work hard and have their business and all of that. But I think that when we reached a settlement or that's what we want, we just want a good faith -- I mean, people to be discussing things, the problems in good faith and get an agreement in good faith. But now when you start adding -- if that is true, that's not fair. Because I am not for -- I mean, to have -- to commit the City not to -- because I don't know what's going to happen ten years from now, you see? Vice Chair Russell: Yes. Commissioner Reyes: I don't know what's going to happen. And then I have my -- I can give you my word, my commitment, that I would never vote for a casino in downtown Miami. That's true. That's what -- I mean, you can take that to the bank, okay. But now that we are not going to have -- they have given up -- I wouldn't want to see -- you see? -- slot machines there. I don't want to see a roulette there. I don't want to see all the other type of gaming -- you see? -- that bring so many people to a casino in that place. That is just jai alai and a card game. That is what they had said, and they had set it to limit it to -- and if -- and that's what they -- that's what the attorney told me there. If the state sanctions sport betting, it will come before us, and we have to vote four fifth. That's fair, but not to add another item to it. I mean, I love him. I love Mr. Braman and I love -- but it cannot be. I mean, I'm a just person. I like justice, you see, and things to be done right. And that was my argument. And I thought that we had -- Commissioner Diaz de la Portilla: And I want to piggyback. I'm sorry; I'll be brief. I'll be two minutes. I want to piggyback on what Commissioner Reyes said. We all know -- because you're in the business and I was the chairman of reg (regulation) industry, so I know about gaming -- that today sports betting is where the money is -- right? -- and that's something you're going to probably pursue because that's City of Miami Page 50 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 something that's profitable. It is correct. It's all through the Internet. It's all based in Costa Rica and other countries, and they do it anyway -- right? -- so that's why the state today, as we speak, is considering another sports betting bill. And 1 believe -- maybe not this session -- maybe next session, eventually, that the state will, you know, authorize sports betting. And I suspect that you will come back to us with, "Hey, we want to do sports betting here," which is not, as Commissioner Reyes says, a full- blown casino, has baccarat, roulette, you know, blackjack and everything else. Because I won't like that either. I don't think that belongs there right now. It doesn't. It may belong somewhere else, in the Fontainebleau or some other place maybe, a destination casino, that's a different conversation, but not there. But you come back to us with something that's sports betting down the line, well, I'm okay with that too -- right? -- because I think it's something that doesn't bring the kind of people that the other kind of gambling may bring -- right? -- and the kind of -- Commissioner Reyes: They will need four votes. Commissioner Diaz de la Portilla: Right. That's my point. But you still need four vote, so to me -- and your proffering that -- you're accepting that condition that -- right? You're accepting that condition. Mr. Havenick: I am, sir. Commissioner Diaz de la Portilla: So, it's a question of convincing this Commission or a future Commission, "Hey, this makes sense." It may not make sense today; maybe it makes sense in five years, just like maybe 20 years ago, more gaming in Miami -Dade County may have made sense. It doesn't make sense today because we have a developed downtown. We have a different kind of industry that are being developed and being brought here, right? Mr. Havenick: Correct. Commissioner Diaz de la Portilla: So, we don't need casinos to bring people here anymore like we used to, our downtown area in particular, right? We have other things that attract people to our destination. Mr. Havenick: It's just another amenity. Commissioner Diaz de la Portilla: And you know that because you're a businessman that can evolve in his thinking and you understand that. You're going to do what makes sense. So, yes, the idea that our Chairman here has a date that he says, "I don't know when I'm going to get there, but I'm going to get there." Well, I want to know when he's going to get there, wherever he is. There he is. Mr. Havenick: Well, actually, sir, if I -- I have a question of my district Commissioner who's district this is in. Commissioner Diaz de la Portilla: Yes. Mr. Havenick: And Ole believes his ordinance is valid, which he has said, would he please put, as the district Commissioner, at the soonest available time on the Planning and Zoning Board and this agenda, a vote on whether or not we could play jai alai and poker at the facility. Commissioner Diaz de la Portilla: Okay. That niakes sense. Mr. Chair -- Mr. Havenick: Mr. Chair, I have a question. City of Miami Page 51 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Commissioner Diaz de la Portilla: He has a question (UNINTELLIGIBLE) valid -- Mr. Havenick: Ifyou believe your ordinance -- Vice Chair Russell: Fin sorry. Could you --? Mr. Havenick: If you believe your ordinance was not in fact done retroactively to me, I am respectfully requesting as the district Commissioner of this area that you on the soonest available Planning and Zoning Board agenda from your office and this agenda take a vote, on jai alai and poker at that site. Vice Chair Russell: So, you would like to go through the application process and the four -fifths vote? Mr. Havenick: I am asking that -- if you say 171 have to do it and I'm going to keep getting kicked down the road, I'm asking that you would please place this on the agenda. Unidentified Speaker: Yeah, I'm answering his question. Vice Chair Russell.. Okay. So, you would like to go through the process of the existing ordinance? Mr. Havenick: 1 would like you to do -- to put me on the agenda under your belief that that's the ordinance. Vice Chair Russell: Got it. Okay. Well, there is a process for that, and we can happily initiate that process for you as an administration. And then this body will take it up when it comes to us. So -- Commissioner Diaz de la Portilla: Well, Mr. Chair -- Mr. Havenick: (UNINTELLIGIBLE). (MULTIPLE PARTIES SPEAKING IN UNISON) Mr. Savin: We're not saying that we're refusing the settlement. This is -- Vice Chair Russell: I understand. Mr. Savin: Okay. Vice Chair Russell: But in a parallel track, you would like to -- Mr. Havenick: Yes. Vice Chair Russell: -- go through the process of the four -fifths. Mr. Havenick: You just said you were surprised I hadn't. I'm now asking you, so your surprise could be gone since it has to go through -- it would most likely go through your office as the district Commissioner to do it. We are requesting and we will fill out whatever application you want, and we would like your commitment -- Commissioner Diaz de la Portilla: Mr. Chair. Mr. Havenick: -- you will have it preferably done and help us expedite so we can have the debate and the discussion. City of Miami Page 52 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Vice Chair Russell: Understood. It doesn't begin through my Commission office. I believe it begins through the Planning Department and I could be wrong; it could be Zoning. But I'll let Legal work with you on that and we welcome that. That was the whole intent and purpose of the ordinance. And so -- Raquel Rodriguez: Mr. Chairman, may I be recognized? Commissioner Diaz de la Portilla: So, he asked you a question about a time -- I think he wants a date, right? And so, who can give -- both sides right? -- a date of when it's going to start? Vice Chair Russell: So -- Commissioner Diaz de la Portilla: Because we could direct the Administration to do whatever we want to direct them to do. We could tell them, "Do it by this date," so it maybe accelerates the conversations between the different parties so they can reach a global settlement. But again, back to what my original point when I started speaking. The frustration is that you keep kicking it down the road. You keep punting on it. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Well, that's their frustration and I feel the same thing because I've been here for a year and three months. "Oh, we'll defer it. It's up to the Planning and Zoning. It's up to this; it's up to that. They're not ready yet. The global settlement's coming." Give us a date, some finality, some sense that there's light at this end -- at the end of this tunnel because you're the Commissioner -- you're the district Commissioner. Vice Chair Russell: You'd like a date for the settlement or a date for their hearing? Commissioner Diaz de la Portilla: I want a shade meeting, like Commissioner Reyes wants. I want them to accelerate their conversations. I want Planning and Zoning to begin the con -- He's already proffered right now, which he hadn't done before -- without losing your legal rights, obviously -- that he's willing to go through the four - fifths vote for jai alai and cardroom -- right? -- so let them go through that. And if it gets voted down, it gets voted down. We know you're against it. He's got to get -- Vice Chair Russell: Thank you. Commissioner Diaz de la Portilla: He's got to get everybody else. Mr. Havenick: Both processes work in parallel. Commissioner Diaz de la Portilla: Let the process work out. Vice Chair Russell: Just a moment. So, our outside counsel would like to weigh in. Good morning. I'm sorry we haven't heard from you yet, but you have the floor. Ms. Rodriguez: Good morning, Mr. Chairman and members of the Commission. Raquel Rodriguez from Buchanan Ingersoll and Rooney. My office is at 2 South Biscayne Boulevard, Suite 1500, Miami, and we are the outside counsel for the City on this matter. I understand the -- that the Commission has voted to defer consideration of the proposed resolution today because, in fact, the parties are very close after working very hard for the last two weeks in trying to reach compromise. I believe that the Commission well understands the positions of both sides. We don't have a definitive agreement yet that the Commission can adopt, but we're very, very City of Miami Page 53 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 close. And we don't have a draft ordinance that the Braman parties have requested. And obviously, you would need to consider that if you're considering a global settlement, which would certainly be ideal. However, 1 think that it is very important not to lose the momentum of the negotiations of the past two weeks. And in particular, at least to give the West Flagler parties a date certain by which they will know whether or not they have an agreement with the City. And so, what I -- based on the analysis that I have done in terms of what needs to happen in order for us to implement what I believe would be the ultimate agreement should everybody agree on all terms is we need to be able to get at least a first reading, if not today, certainly by no later than March 11 th. And we should be -- try to get to a second reading and a final decision by no later than March 25th. Vice Chair Russell: Just to interrupt you -- Ms. Rodriguez: I think that really -- Vice Chair Russell: -- I apologize. I'm not following you here. Ms. Rodriguez: -- would be the outside date -- Vice Chair Russell: Just a moment. Ms. Rodriguez: -- by which (UNINTELLIGIBLE) -- Vice Chair Russell: Can you hear me alright? Rocky, I'm not understanding fully on this ordinance and the first second reading. Is there a written proposed ordinance that is meant to be a part of the settlement, a contingent part of the settlement? Ms. Rodriguez: There is not currently an ordinance. However, one of the proposed terms of -- from West Flagler, if the Commission were to accept it, would be to approve a cardroom in the settlement agreement without the need for them to come back once they are able to qualms under state law, which only requires them to have their first day of jai alai games held and then it's up to the City. Normally, it would be up to the municipality to approve the cardroom. What they've requested is to incorporate that. And based on my consultations with City personnel, it would really need to be adopted in the form of an ordinance. And therefore, we want to make sure that we follow that. And in the -- we are dealing with the ordinance on casino gaming citywide. Obviously, that requires a number of readings. So, what I'm suggesting to the Commission is that we try to advance the ball as much as we can when we can based on the -- where we are as of the moment. I believe -- Vice Chair Russell: So, what you mentioned is a separate ordinance. That's an ordinance that would grant parts of the settlement, including the cardroom, the jai alai through an ordinance legislation of this body. And I understand if that were agreed to and that's the mechanism, that would be included in the settlement. What I'm asking you about is this separate ordinance that's been brought up today. Is that being proposed as a part of the settlement that there be a global moratorium on gambling in the City of Miami? Ms. Rodriguez: We have not yet seen the formal written proposal from the Braman plaintiffs, so I do not know whether or not that has to be in the settlement. But I do know that it is a condition from the Braman plaintiffs that they will not express their assent and dismiss their litigation if the -- their proposed ordinance banning gaming were not adopted by the Commission. Now that -- those are two separate issues, and obviously, the Commission has to make a decision whether or not it wants to condition its settlement with West Flagler on the passage of that ordinance or whether it wishes to allow the West Flagler settlement to stand on its own and deal separately City of Miami Page 54 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 with the ordinance cis a matter of policy. But my point is is that it is important that we give West Flagler certainty so that they know what is expected of them from the Commission and that they know soon. And also, we have a dead -- a filing deadline for our initial brief on the appeal regarding the Mayor's veto on March 22nd. And it - - again, it would be much, much better if we can resolve where we're going with this case before we file any briefs at the Court of Appeal. So that's why I'm suggesting to the Commission that even if you end up not reconsidering the deferral, that you make it a sense of the Commission that this process needs to be moved in an expeditious manner and that if things are going to be referred to PZAB as part of the process, that that be advanced as well. And I've asked all parties to work with me quickly to get me a draft ordinance by tomorrow, to give me markups of settlement agreements by tomorrow so that we can be at a position to give something definitive to the Commission by early next week. Commissioner Diaz de la Portilla: Mr. Chair -- Vice Chair Russell: Commissioner Diaz de la Portilla, then Mr. Martos, and then Commissioner -- Commissioner Diaz de la Portilla: Thank you. Hi, Rocky. How are you? I haven't seen you in -- I'm not going to date us, but going back to the Bush days, I think, so that's a long time. Good to see you again. Ms. Rodriguez: You too, Commissioner. Commissioner Diaz de la Portilla: Oh, you're pulling a Joe Carollo on me now too. Vice Chair Russell: He's not here. Commissioner Diaz de la Portilla: You're the enforcer now of the mask. All right. Here we go. So, you said that there's a separate ordinance that's being proposed -- and I like your sense of finality. Before I say this, I like your sense of finality that you're going to have something to us by tomorrow and something by early next week - - right? -- so that you can be on the March 11 th, March 25th agenda -- right? -- first reading, second reading. The -- but you mentioned a separate ordinance that it's basically a moratorium on gaming, and you said that that's a separate issue. The question becomes, is it a separate issue? Or is that issue being introduced -- I'm not going to call it a poisoned pill -- but is it being introduced at the last minute, one being contingent on the other, to -- for the one party to agree to the settlement agreement by saying if you -- if the Commission agrees to a moratorium on gaming in Miami? Those are two -- and they're not related, and we could take a separate vote on that one. And they're not related to the -- this one. The settlement, I'm okay with that. I don't like -- and I'm sensing -- I don't know. it's the gut that I have -- is they're mixing both issues. Vice Chair Russell: I don't see how we can legally, tie them together; honestly -- Commissioner Diaz de la Portilla: Well -- Vice Chair Russell: -- but they -- Commissioner Diaz de la Portilla: Well, I know, but one side may not reach a global - - quote marks -- "a global settlement" -- I need air quotes, but I'll do it anyway -- a global settlement if they don't get that condition attached to it. Hold on. So, Rocky, in your conversations as far as what you can disclose without breaching any confidence, has that been brought up that one thing to be contingent on the other, or what you said is correct that, "Hey, no, they're two separate issues"? City of Miami Page 55 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Ms. Rodriguez: Well, the Braman parties have made it very clear that they will not give their assent and drop their litigation if the City settles with West Flagler without also banning gaming pursuant to an ordinance that is yet to be drafted that we're waiting to see. So, you know, in their mind, there's a linkage. They won't drop their challenges to a City settlement with West Flagler unless they get their ordinance. Commissioner Diaz de la Portilla: So -- Ms. Rodriguez: So -- and they -- Commissioner Diaz de la Portilla: So -- Ms. Rodriguez: If they do, that would be the global settlement. Now, this has been -- this is not that different from the position that they adopted previously. Over the course of the last week, that was not what I understood was going to be their position, but they've made it very clear as of yesterday that that is their position and that's why they wanted -- I believe they're the ones that wanted the deferral. Commissioner Diaz de la Portilla: Right. So -- Ms. Rodriguez: And so, my goal is I want to keep everybody talking to see if we can work through these issues. And -- but I also want to convey my sense of urgency to the Commission and to all the parties that this is an issue that we should get done and resolved within the next 30 days at the latest so that everyone knows where they stand, and the West Flagler people can make their decisions and take whatever steps they need. And then we also can make our decisions regarding what we want to do with our pending appeal. Commissioner Diaz de la Portilla: So, for the sake of clarity, Rocky, earlier you said that these are two separate issues. Those are your words. Now you said that one party sees linkage between these two issues and that changes the entire conversation, right? So -- Ms. Rodriguez: Correct. Commissioner Diaz de la Portilla: For this Commission, not for that party. Maybe that party doesn't care if they get what they want and then there's a ban on gaming in the rest of Miami, right? I'm not saying that's the case. I'm saying that could be the case, right? And they say, we're okay with that, you know, but there is linkage. And one party wants to -- the moratorium to go hand in hand -- or the banning, I guess. It's not a moratorium, the banning -- right? -- to go hand in hand with the settlement. Mr. Havenick: Commissioner — Commissioner Diaz de la Portilla: So, that raises a serious issue for me because I don't like to pass legislation or agree to a settlement that's been back and forth between attorneys contingent on this legislative body, this Commission, doing something else that was not part of the mix. To me, that appears' to be moving the goalpost again. Towards the end of the conversations, saying, oh, by the way, yeah, but we also want this. And then later on, hey, this on top of that. Because if the state law changes and allows a destination casino somewhere and I happen to think it's a good place to have it and you're not here and maybe Commissioner Reyes is still here and you're not here anymore because you're leaving in a couple of years, or maybe next year -- I hear you're leaving. That's a rumor. But anyway -- Commissioner Reyes: No. We're going to keep him. City of Miami Page 56 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Commissioner Diaz de la Portilla: We're going to keep him? Commissioner Reyes: Yeah, yeah. Commissioner Diaz de la Portilla: 50-50 that he leaves next year. But anyway, so there's another Commissioner that maybe say -- you know, maybe, hypothetically, again, the Genting property is the one that we want to have a destination casino, hypothetically, right? That ban on gaining may be hurtful to the City of Miami in terms of the finances and the revenue that we can generate from a destination casino, a high -end casino like you would have in -- like you have in Monte Carlo and other places, right? Vice Chair Russell: 1 understand your point. Commissioner Diaz de la Portilla: So, Rocky -- for Rocky to answer it, please. There is -- in the conversations you've been having, they have linked those two issues, correct? Ms. Rodriguez: Yes. Commissioner Diaz de la Portilla: Okay, thank you. Commissioner Reyes: Okay. May 1--? Vice Chair Russell: Commissioner Reyes is very recognized for as long as you'd like to speak. Commissioner Reyes: Wow, man. Okay. Rocky, I mean when we spoke, it was yesterday or day before yesterday -- Ms. Rodriguez: I'm sorry, Mr. Commissioner. I can't hear you if you're addressing me. Commissioner Reyes: Okay. When we had our conversation, I understood that the only the only obstacle was the approval of sport betting, right? Ms. Rodriguez: Yes. When we spoke, I had not yet received a communication from the attorneys -- Commissioner Reyes: That is -- Ms. Rodriguez: -- regarding this other issue. Commissioner Reyes: -- precisely what Commissioner Diaz de la Portilla's saying. The goalpost has keep on moving. Because when we spoke, that was the only obstacle. Now we have another -- I mean, there's another issue that has been presented. It is the banning of gambling in the City of Miami. It's either you accept this or I will keep my lawsuit against you. Isn't that right? Ms. Rodriguez: That's what was said yesterday. Commissioner Reyes: That was said yesterday. And that's not what I was informed. And that's really something that I cannot accept. You know, and keep information one day, another information another day. And I think that we need, us, to sit down and speak amongst ourselves about this and about us, the City Commission, being pressured -- you see? -- into doing things that probably or whatever -- I don't care who it is. It could be the pope. That then we keep on being pressured and pressured City of Miami Page 57 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 and pressured. I mean, I think we should have an honest conversation among ourselves. Edward Martos: Commissioner, if I may. Commissioner Reyes: I think we should have an honest conversation. Vice Chair Russell: Thank you. Mr. Martos, you're recognized. Mr. Martos: 1 think can -- Thank you, Chairman. 1 have to clear some things up for the record. First and foremost, we are interested in a settlement, and if possible, by March 11 th. That's what we want. We're not interested in delaying this. Vice Chair Russell: Could you just clarify who you represent for the record please? Mr. Martos: I'm here on behalf of Braman Motors. I need to make this very clear. My client is not interested in protracting this, okay. We have no desire to see this go - - if we can stop it by March and have it all done in the month of March, that's what we want, okay? Let me be clear on that. Number two, earlier, we had proposed a referendum, a charter amendment; that is true. In the spirit of striking a settlement, we have backed down from that position. I want to be very clear about that because Mr. Braman's goal -- as you heard from him at the last meeting -- has always been a ban on gambling. He thinks it's bad for our city. He's backed away from that. He's -- we're making progress, okay. The other side, meanwhile, has stated that they want jai alai and a cardroom. Mr. Braman has said, you can have a cardroom and you can jai alai, right? Sports betting was brought up in the last, 1 think, 24 hours sports betting was brought up. And Mr. Braman said okay. So, what you have here is a situation where my client is giving and giving and giving, and the other side, because they're used to being the house, wants to win more. So, I'm going to make a commitment -- Commissioner, ifI may just wrap this up very quickly. Commissioner Reyes: No, no. It's that just need -- Mr. Havenick: Chairman Russell, I would like to correct the facts. Sports betting with his client was brought up in the mediation in December, not 24 hours ago. Vice Chair Russell: I just want -- Mr. Havenick: He can't lie, Commissioner. Vice Chair Russell: I just want everyone to speak one at a time. Mr. Havenick: Yes. He cannot lie. Vice Chair Russell: I'm not trying to cut off or be rude or silence anyone. For the record though, for the clerk's sake... Vice Chair Russell: We would like to have everyone speak one at a time. Mr. Martos: I'm about to finish. Vice Chair Russell: Just a moment. Commissioner Reyes, you're recognized. Commissioner Reyes: Just one question because I don't want to -- I lose what you have said. Mr. Martos: Please. City of Miami Page 58 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Commissioner Reyes: From what you had said -- and maybe it's the way that I understood what you were saying is that Mr. Braman is accepting the conditions that -- I mean, he's accepting the cardroom -- Mr. Martos: The cardroom. Commissioner Reyes: -- the jai alai, and even if sports betting comes in? Mr. Martos: Correct. Commissioner Reyes: Okay. So what are we arguing about? Mr. Martos: Now, that's what I wanted -- that was my closing point, okay. What I was getting -- before 1 came over here, okay, and the reason why I'm in a state of undress and I came -- I was breathless when I got here is because I had already made it back to Coral Gables, and I was sitting down at my computer and I was drafting an ordinance that the City special counsel, Ms. Rodriguez, requested that we prepare for her by close of business tomorrow. I was working on it when I received a text message alerting me that you were bringing this up again, and I hauled my butt over here, all right. The whole point of having lawyers and working out agreements is to make sure that you can have a proper relationship moving forward and everyone's clear on what's what. To do that we need to sit down, we need to draft documents. We have to work things out. Negotiating on the fly a settlement agreement with the hopes of striking it today in this room, in the public without drafting anything is a mistake. It's a mistake for a city and it's a mistake -- (MULTIPLE PARTIES SPEAKING IN UNISON) Mr. Martos: -- for any businessman. Commissioner Reyes: May I ask another question? Mr. Martos: Yes. Commissioner Reyes: Let me get clarified. Mr. Martos: Yes. Commissioner Reyes: You are drafting an ordinance. And that ordinance, what is that ordinance all about? Mr. Martos: The idea of the ordinance would protect the other side's existing uses. It would allow them to operate at 3000 Biscayne, which is the property they have in mind. Commissioner Reyes: Okay. Mr. Martos: It would only require a three -fifths vote, not a four -fifths vote, okay. It would let them have cardroom, jai alai, sports betting if it becomes legal in the future. It would grandfather all their existing uses in other locations, like the former -- like Magic City, okay. It's very extensive. What it doesn't want is -- and then in addition, it also says something that you would think is fantastic for them. Their competition, other gambling is not permitted. And currently, the way the law is today in the statutes -- Commissioner Reyes: You mean -- Mr. Martos: -- gambling is not permitted. City of Miami Page 59 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Commissioner Reyes: Listen, you know, 1 kind of -- I need to be schooled on this Mr. Martos: Understood. Commissioner Reyes: Okay. Mr. Martos: Understood. Commissioner Reyes: You -- what you're trying to say is that there are going to be conditions to the acceptance, and that condition is going to be that no more gambling in City of Miami? The prohibition of gambling in the City of Miami. Mr. Martos: Gambling in their -- all of their locations, all existing locations, at 3000 Biscayne, all the gambling uses they have today, all the gambling uses permitted under state statute. Commissioner Reyes: That's not my, question, Mr. -- my question is what are they asking? Because I mean, what are you asking in that ordinance? Because if you're accepting that they should come -- I mean, for a four fifths -- Mr. Martos: No. Three -fifths. Commissioner Reyes: That they could have all those gambling activities -- all those gambling activities, okay, but now you have an ordinance that says it's going to prohibit. Prohibit what? Mr. Martos: It's going to prohibit gambling everywhere else in the City of Miami. Commissioner Reyes: Well, that's something different than what you're presenting us is to draft a legislation that will have an effect on the whole City of Miami and the future of the City of Miami, you see? Mr. Martos: Now, let me be clear. It prohibits any gambling that's not already permitted by state statute. Vice Chair Russell: Mr. Martos, just a moment. Commissioner Diaz de la Portilla: Hold on, hold on. Mr. Martos: Yes. Vice Chair Russell: Commissioner Diaz de la Portilla, and then I'll let you respond. Commissioner Diaz de la Portilla: Hold on, so -- Commissioner Carollo: Can I speak after? Vice Chair Russell: Yep. Commissioner Diaz de la Portilla: Hypothetically, the State of Florida, this session -- Vice Chair Russell: Yes. Commissioner Reyes: That's right, they are the ones. Commissioner Diaz de la Portilla: Legalizes sports betting -- or next session -- this City of Miami Page 60 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 ban that you're proposing in this ordinance that gives them whatever they want or whatever they agreed to, not really what they want, but what they've agreed to, would limit any other establishment in the City of Miami from offering sports betting if the State of Florida approves it this session or next session. So, for example, if Miami Beach wants to have sports betting, they can have it. If Coral Gables wants to have it, they can have it. And once Miami wants to have it, they can have it, so people have to cross the street right across 37th Avenue, across 57th Avenue, and cross the causeway. Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: And they could just go do it there. And you're limiting Miami's ability to generate revenue, sports betting -- well, yeah, because you're banning --1 asked the question. 1 asked earlier -- you didn't answer but -- Mr. Martos: Yes. Commissioner Diaz de la Portilla: -- somebody else answered it. I think it was Rocky who answered. This is an ordinance that bans gaining outside West Flagler, everywhere else for any competitor, for anybody else -- Mr. Martos: Yes. Commissioner Diaz de la Portilla: -- right? That's what it does. That's included in your settlement. In your ordinance that you're drafting right now, you would ban gaming, any kind of gaming, cardroom, .sports betting, jai alai, everywhere else in the City of Miami. Mr. Martos: If I may. Commissioner Diaz de la Portilla: And I'm not -- is that what -- let me finish. Mr. Martos: Yes. Commissioner Diaz de la Portilla: It's a question. Is that what your ordinance will do? Mr. Martos: No. Commissioner Diaz de la Portilla: Okay, what does it do? Mr. Martos: And here's why. And here's why it won't do that because it provides for grandfathering. The City of Miami -- Commissioner Diaz de la Portilla: No, future -- there's no sports betting in Florida. Future authorized gaining by the Florida Legislature, this would ban -- Mr. Martos: Yes. Commissioner Diaz de la Portilla: Okay. That's the answer. Mr. Martos: What I'm saying is on sports -- on the issue of sports betting, all grandfathered facilities -- and I -- correct me if I'm wrong -- they have one at Magic City. They have -- they're going to have another one at 3000 Biscayne Boulevard. And I -- you may operate -- if I'm wrong, forgive me -- the third location. We have three major locations, folks, in the City of Miami already where that sports betting could take place. City of Miami Page 61 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Commissioner Diaz de la Portilla: How about Casino Miami? Mr. Martos: In the City of --? I'm sorry. Yes. Commissioner Diaz de la Portilla: Where the Miami Jai Alai used to be. Mr. Martos: If it's a parimutuel facility, it can have sports -- Commissioner Diaz de la Portilla: It's an existing parimutuel. It's the only other existing parimutuel in the City of Miami, correct? Only -- the Casino Miami is the only remaining one in the City of Miami. Mr. Martos: We would -- Commissioner Diaz de la Portilla: Besides -- yeah. It's the only other one. Mr. Martos: Correct. But we would also especially allow it at 3000 Biscayne. Commissioner Diaz de la Portilla: But I'm not asking you that. Mr. Martos: Understood. Commissioner Diaz de la Portilla: So, you're creating now -- the other side of the coin -- you're creating a competitive disadvantage for a casino that happens to be a parimutuel in the district that I represent on 36th Street, right? So, they cannot do what they're doing. Mr. Havenick: No, Commissioner, we -- Commissioner, just so you know, we have fought to make sure Miami Jai Alai is treated the same as we are. Mr. Martos: Yes. Commissioner Diaz de la Portilla: Okay. Mr. Havenick: So, your parimutuel is being spoken for by us. Mr. Martos: And we have no issue with that at all. Commissioner Diaz de la Portilla: Okay, so if they set up a computer center, the state authorizes sports betting this session and somebody wants that for business, now we have sports betting in Florida. I want to do it in an office building that it's just all by internet -- Mr. Martos: Yeah. Commissioner Diaz de la Portilla.: -- and people just go and do their sports betting -- it could even be by phone or with your phone here. You do the betting and it's centered here in Miami, and we collect taxes from that. And we could tax them at a relatively good rate if we want to to be able to operate in Miami, or they could have a physical facility too. Your legislature that you're proposing or your ordinance that you're writing would ban that from ever happening in Miami. Mr. Martos: Would it ban the online work? No. Commissioner Diaz de la Portilla: It would not ban the online part because that takes place right now. City of Miami Page 62 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Mr. Martos: My understanding -- let me he clear. Commissioner Diaz de la Portilla: But a physical facility -- people that are from Miami that will start a business here for sports betting -- Mr. Martos: Yeah. Commissioner Diaz de la Portilla: -- in Commissioner Carollo's district or in my district, or in Commissioner Russell's district, and they would start a -- they could not do that under your ordinance because Miami will not allow any additional -- beyond the existing pariniutuels -- any additional gaining to take place of any sort, any sort of gaming, correct? Mr. Martos: No. I don't think my -- I have to confirm, but I don't think my client has an objection to online gaming. So, if you wanted to have an once -- Commissioner Diaz de la Portilla: And they have a physical facility, sports betting and an establishment, your ordinance would ban somebody opening up a business. Mr. Martos: Some new location, yes -- Commissioner Diaz de la Portilla: Some new location that's a new -- that's not a parimutuel that will now be authorized by the state that they can now operate everywhere around Miami, everywhere around us, but not here. Mr. Martos: Commissioner, I -- Commissioner Diaz de la Portilla: But every other city will collect the tax revenue from them, but we are just left out of that. Mr. Martos: I hear your concern on sports betting. And if your concern is that you'd like to see more sports betting locations, that if the state statute should allow it, we can work with you on that issue. We can talk about that, but part of the point of having lawyers and sitting down and drafting things is that you can work out all those wrinkles. But the general idea, the goal of our settlement that we were prepared to start writing -- I was literally sitting down to get started, okay. The point of that would be that they get everything they've asked for to date because they haven't asked for anything other than a cardroom and jai alai, and now sports betting as of this week, okay. Mr. Havenick: Again, not true. Mr. Martos: So, they're getting everything. And then we're stating going forward, we'd like to see some limitations. My client came here hoping to get a hard ban on gambling in a charter amendment. And we're all the way over here now. You know, it can't be a completely one-sided deal. Commissioner Diaz de la Portilla: Of course not. Vice Chair Russell: Understood. Commissioner Diaz de la Portilla: So, just to close it up, so you will be amenable to having a sports betting exemption -- if you want to call it that -- that you guys can have a conversation about it if the state authorizes sports betting. Mr. Martos: I'll speak to my client, but based on -- City of Miami Page 63 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Commissioner Diaz de la Portilla: That there's a possibility that -- Mr. Martos: -- prior conversations, I believe that might be okay. 1 have to speak to my client, and this is why I don't want to do this here -- Commissioner Diaz de la Portilla: Make sure you -- Mr. Martos: -- and we should do it on March 11 th. Commissioner Diaz de la Portilla: Make sure you speak to him about that. Mr. Martos: I will. Commissioner Diaz de la Portilla: If he has opposition to that. Mr. Martos: Understood. Commissioner Diaz de la Portilla: Thank you, sir. Vice Chair Russell: Thank you. Commissioner Carollo, I'd like to recognize you. Commissioner Carollo: Thank you. Look, I'm hopeful that with a little more time this has come to a head and there could be a final agreement. But if there is none, then March 11, this Commission will vote. And I want to be clear to everyone that we're going to vote to de -- well, we did vote to defer this. We're not going to bring it back. But March 11, if there's not an agreement, then this Commission's going to have to take action on its own. Vice Chair Russell: Agreed. Are there any further public comments? I -- Mr. Havenick: Just real quick, I'd like to clarify. First, thank you, Commissioner Carollo for saying that and not allowing us to be held hostage by this bigger issue, which by the way, could ultimately affect two City -owned buildings, but that's not my fight. And I want to thank Mr. Martos for trying to give me almost a monopoly. I appreciate that. I'm thankfid for that. But I want to just clam one point with you in that I'm not asking to slow down the settlement talks and I'm not asking to defer the settlement. I'm asking to sit and work with your office to do the -- assuming that the settlement isn't agreed to and we lose in court, to in concert do -- get the ball rolling on the other two aspects of jai alai and poker so that, assuming the City -- there's no settlement, assuming we can't come to an agreement on a settlement, assuming we lose the lawsuit, at least I could have that ball rolling having waited two and a half years of my life to get that ball rolling. I would appreciate a commitment from you and your office to get that ball rolling. And I will be in your office as soon as you want me to to learn how to do it and get it going. Vice Chair Russell: I'm happy to help you start that process. And I'd like to be clear, there was nothing keeping you from entering that process for the last two years. So, I will support you in that and make sure you have the -- what you need from the Administration to do that application. Mr. Havenick: Great. I'll see you hopefully before March 11 th. Vice Chair Russell: Absolutely. Are there anymore comments on this item? All right. Thank you. The deferral stands. Commissioner Reyes: (INAUDIBLE). City of Miami Page 64 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Vice Chair Russell: I'd like to finish public comments for those who are so patiently waiting. Mr. Martos: Commissioners, thank you for your time. Vice Chair Russell: Thank you, Mr. Martos. END OF RESOLUTION City of Miami Page 65 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 EM - EMERGENCY ORDINANCE EM.1 ORDINANCE Emergency Ordinance 8586 Department of Housing and Community Development (4/5TH VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY", TO INCLUDE REFERENCES TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE ("COMMITTEE"); FURTHER AMENDING CHAPTER 2/ARTICLE XI/DIVISION 8 OF THE CITY CODE, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/AFFORDABLE HOUSING ADVISORY COMMITTEE", BY ESTABLISHING THE COMMITTEE TO COMPLY WITH SECTION 420.9076, FLORIDA STATUTES, AND TO PARTICIPATE IN THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM; STATING THE COMMITTEE'S PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT QUALIFICATIONS, AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, RULES OF PROCEDURE, MEETINGS, QUORUM, BUDGET, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS, AND PUBLIC NOTICE; FURTHER AMENDING CHAPTER 2/ARTICLE XI/DIVISION 19 OF THE CITY CODE, TITLED "HOUSING AND COMMERCIAL LOAN COMMITTEE", TO REMOVE REFERENCE TO THE PURPOSES, FUNCTIONS, POWERS, AND DUTIES OF THE HOUSING AND COMMERCIAL LOAN COMMITTEE THAT WILL BE SUBSUMED BY THE COMMITTEE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13967 MOTION TO: Adopt as an Emergency Measure with Modification(s) RESULT: ADOPTED AS AN EMERGENCY MEASURE WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Jeffrey Watson, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item EM.1 passed as an Emergency Ordinance with two roll calls. For the first roll call, a motion was made by Commissioner Diaz de la Portilla seconded by Commissioner Watson and was passed unanimously to pass EM.1 as an Emergency Ordinance. The second roll call to pass EM.1 as an Emergency Ordinance is reflected above in the vote result box located underneath the enactment number. Vice Chair Russell: We have EM, amending Chapter 2, Affordable Housing Advisory Committee. Is there a motion on that item? Victoria Mendez (City Attorney): Chairman? Commissioner Watson: So move. City of Miami Page 66 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Vice Chair Russell: Madam City Attorney. Ms. Mendez: It's also an emergency ordinance, so two readings, two votes. Vice Chair Russell: It's not listed with a number on my plasma. Is it misprinted? Todd B. Hannon (City Clerk): It's an error. It should be EMI. Vice Chair Russell: EM.1, all right. Commissioner Diaz de la Portilla: Oh, okay. Vice Chair Russell: EM. 1, the mover was Commissioner Diaz de la Portilla? Commissioner Diaz de la Portilla: Yes, sir. Vice Chair Russell: Seconded by? Commissioner Watson: By Watson. Vice Chair Russell: Commissioner Watson. There you go. There was a -- there's a little delay on the Zoom, so I was worried you're not getting a chance to get your second in fast enough. You got it. All right. There's been a motion and a second. Madam City Attorney, if you could read the ordinance, please. Ms. Mendez: Four -fifths vote. The Emergency Ordinance was read by title into the public record by the City Attorney. Art Noriega (City Manager): If I may, Mr. Chair? Vice Chair Russell: Yes. You're recognized Mr. Manager? Mr. Noriega: We'd also like to at some point have the Commission designee for this committee -- Vice Chair Russell: All right. Let's take the vote on this. Mr. Noriega: -- selected. Vice Chair Russell: I'll see who steps forward. Mr. Noriega: Okay. Vice Chair Russell: There's been a motion and a second on EM.1. Commissioner Reyes: Yes. Vice Chair Russell: Any further discussion? All in favor, say "ayE The Commission (Collectively): Aye. Vice Chair Russell: Was that an "aye" or a "nay"? Commissioner Watson: Aye. City of Miami Page 67 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Vice Chair Russell: Thank you. Second reading, Ms. Mendez: Chairman, I just wanted to clarify -- Commissioner Watson: I'd like to volunteer and be our elected representative to that board. Vice Chair Russell: You would like to be? Commissioner Watson: Yes, sir. Vice Chair Russell: Noted. As soon as we finish second reading, we'll take a vote -- is that -- is a vote necessary to find a represent -- Ms. Mendez: Yes. I have to read the title again and the vote. And a vote will be necessary to determine what Commissioner. Vice Chair Russell: Thank you. Ms. Mendez: I just wanted to clarify that EM1 is as amended because we have to put in the word "immediate" because you need this immediately and it is being passed by an emergency. ordinance. So, the effective date is immediate effective date, as 1 read it into the record. Thank you. I'm going to read it again. Vice Chair Russell: Thank you. Ms. Mendez: Four -fifths vote. The Emergency Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: All in favor? The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Mr. Hannon: Sorry. Chair, I didn't have a mover and seconder for the second vote. Commissioner Diaz de la Portilla: Move. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla. Seconded by the Chair. All in favor, say "aye." Commissioner Watson: Second. Vice Chair Russell: I'll give it to Commissioner Watson on the Zoom delay. Seconded by Commissioner Watson. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Mr. Hannon: As amended. Vice Chair Russell: Motion passes. Thank you. As amended. City of Miami Page 68 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Ms. Mendez: Thank you. END OF EMERGENCY ORDINANCE City of Miami Page 69 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 8064 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING/PUBLIC BENEFITS TRUST FUND"; MORE PARTICULARLY BY ESTABLISHING A NEW SECTION 62- 647 OF THE CITY CODE, TITLED "NRD-2 PUBLIC BENEFITS TRUST FUND; INTENT", SECTION 62-648 OF THE CITY CODE, TITLED "ESTABLISHED", AND SECTION 62-649 OF THE CITY CODE, TITLED "FINANCIAL REPORT'; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item SR.1 was deferred to the March 11, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number SR.1, please see "Order of the Day" and "Public Comments for all Item(s). " City of Miami Page 70 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 SR.2 ORDINANCE Second Reading 8065 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "MOTOR VEHICLES AND TRAFFIC/COCONUT GROVE BUSINESS DISTRICT, DESIGN DISTRICT AND WYNWOOD PARKING IMPROVEMENT TRUST FUNDS", MORE PARTICULARLY BY AMENDING SECTIONS 35-220 OF THE CITY CODE, TITLED "REQUIRED OFF-STREET PARKING AND PAYMENT IN LIEU OF REQUIRED OFF-STREET PARKING", AND BY ESTABLISHING NEW SECTION 35-233, TITLED "WYNWOOD NORTE PARKING IMPROVEMENT TRUST FUND, INTENT -ESTABLISHED", SECTION 35-234 OF THE CITY CODE, TITLED "FUNDS MADE AVAILABLE; FINANCIAL REPORT", SECTION 35-235 OF THE CITY CODE, TITLED "SCHEDULE OF FEES AND CHARGES FOR WYNWOOD NORTE PARKING TRUST FUND", SECTION 35-236 OF THE CITY CODE, TITLED "PARKING WAIVER CERTIFICATES; REVOCATION; REFUNDS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item SR.2 was deferred to the March 11, 2021, City Commission Meeting. Note for the Record: A motion was made by Commissioner Carollo, seconded by Commissioner Diaz de la Portilla, and was passed unanimously, to accept an amendment of section 35-235(a), proposed by Commissioner Watson, thereby changing the purchase price for parking space from $12,000.00 to $15,000.00. Note for the Record: For additional minutes referencing Item Number SR.2, please see "Order of the Day" and "Public Comments for all Item(s)." Victoria Mende- (City Attorney): Commissioners and with regard to the change to SR.2, everyone is comfortable with the 15,000 so then that can be brought back as amended. Commissioner Carollo: Yes. Ms. Mendez: If I can just have a vote on that just to be clear for the record -- Vice Chair Russell: A motion to accept an amendment to SR.2; is that correct? Commissioner Diaz de la Portilla: I move it. Ms. Mendez: Yes, that would be great. Commissioner Carollo: So move. Vice Chair Russell: Moved by Commissioner -- City of Miami Page 71 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Ms. Mendez: Thank you. Vice Chair Russell: -- Carollo, seconded by Commissioner Diaz de la Portilla. I would believe then that I would need to open public comment for that. Ms. Mendez: Remember, it could be commented on on the next reading with that amendment. Vice Chair Russell: It could be, butt know a lot of folks -- well, I don't know if they're here yet anymore, but were looking to speak on -- so I'll open for public comment on SR.2 only, not on the entire Wynwood Norte application, but the parking improvement trust fund change from 12,000 to 15,000. Is anyone here who would like to speak on that item? (COMMENTS MADE OFF THE RECORD) Vice Chair Russell: That's -- I could hear you, Todd. That's fine. Is there anyone here who would like to speak on the change of the parking improvement trust fund amount? Steve Wernick: Good morning, Commissioners. Steve Wernick, address 89 Northeast 27th Street in Wynwood. I think the recommendation is consistent with the input from community members, so I think there's support for that. Vice Chair Russell: Thank you very much. Seeing no further public comment, I will close public comment on that item. SR.3 ORDINANCE Second Reading 8498 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION WAIVING THE SIDEWALK CAFE FEES SET FORTH IN CHAPTER 54/ARTICLE VI/SUBSECTIONS 54-224(B) AND (D) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "STREETS AND SIDEWALKS/SIDEWALK CAFES/FEES AND SECURITY DEPOSIT"; SPECIFICALLY WAIVING SIDEWALK CAFE PERMIT FEES ASSESSED UNDER SECTION 54-224(B) OF THE CITY CODE AND THE SECURITY DEPOSIT ASSESSED UNDER SECTION 54-224(D) OF THE CITY CODE DURING THE REMAINDER OF THE NOVEL CORONAVIRUS ("COVID-19") PANDEMIC FOR WHICH A STATE OF LOCAL EMERGENCY WAS DECLARED BY MAYOR FRANCIS X. SUAREZ ON MARCH 12, 2020 UNTIL THE TERMINATION OF THE CITY'S COVID-19 RESTAURANT RECOVERY PROGRAM ("PROGRAM") AS ORIGINALLY AUTHORIZED BY RESOLUTION NO. R-20-0156 ADOPTED ON MAY 14, 2020 AND SUBSEQUENTLY EXTENDED BY THE CITY COMMISSION; PROVIDING FOR A CREDIT OF THOSE SIDEWALK CAFE PERMIT FEES ALREADY PAID DURING THE PENDENCY OF THE PROGRAM TO BE CREDITED IN FISCAL YEAR 2021-2022; PROVIDING FOR A SUNSET PROVISION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13968 City of Miami Page 72 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Vice Chair Russell: Moving on to SR.3, 4, 5 and 6. Would you --? Is there any one of these that Commissioners would like to take separately? Commissioner Reyes: Mr. Chair, 1 would like to take SR.6 separate. Vice Chair Russell: Okay. Commissioner Reyes: I think that the boundaries are too big. Vice Chair Russell: Okay. Commissioner Reyes: And I will make my statement -- I mean, my objection later on after you pass the -- Vice Chair Russell: Understood. I'll separate SR. 6. How about SR.3, 4, and 5? Commissioner Diaz de la Portilla: So moved. Vice Chair Russell: It's moved. Madam City Attorney, if you could read all three items into the record, please. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.4. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.5. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.6. Are we reading also SR.6? Commissioner Diaz de la Portilla: No. Vice Chair Russell: No. Ms. Mendez: Okay. Thank you. Commissioner Reyes: No. Vice Chair Russell: Thank you. There's been a motion. Is there a second on SR.3, 4, and 5? Seconded by Commissioner Carollo. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. That's SR.3, SR.4, and SR.5. City of Miami Page 73 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 SR.4 ORDINANCE Second Reading 8502 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I/SECTION 10-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS/IN GENERAL/BUILDING PERMIT FEE SCHEDULE," TO ADD THE PLAN REVIEW DISCIPLINES OF BUILDING, ZONING, PLANNING, AND RESILIENCE AND PUBLIC WORKS TO THE FEE SCHEDULE FOR JOINT PLAN REVIEW MEETINGS; FURTHER, TO INCLUDE SAID DISCIPLINES IN THE EXPEDITED OVERNIGHT REVIEW OF BUILDING PLANS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13969 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number SR.4, please see Item Number SR.3. SR.5 ORDINANCE Second Reading 8443 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I/SECTION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS/IN GENERAL/BUILDING PERMIT FEE SCHEDULE," TO AMEND THE FEE FOR WORK STARTED WITHOUT PERMITS FOR NON- HOMESTEAD/COMMERCIAL PROPERTIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13970 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number SR.5, please see Item Number SR.3. City of Miami Page 74 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 SR.6 ORDINANCE Second Reading 8564 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ENVIRONMENTAL PRESERVATION/TREE PROTECTION IN GENERAL", CHAPTER 17/ARTICLE II OF THE CITY CODE, TITLED "ENVIRONMENTAL PRESERVATION/ENVIRONMENTAL PRESERVATION DISTRICTS", AND CHAPTER 23/ARTICLE I OF THE CITY CODE, TITLED "HISTORIC PRESERVATION/HISTORIC PRESERVATION"; MORE SPECIFICALLY, BY AMENDING SECTION 17-2, TITLED "DEFINITIONS", SECTION 17-8, TITLED "APPEALS, APPELLATE FEES", SECTION 17-26, TITLED "DEFINITIONS", SECTION 17-31, TITLED "ENVIRONMENTAL PRESERVATION DISTRICTS", SECTION 17-33, TITLED "REMOVAL OF TREES AND DEVELOPMENT ACTIVITY WITHIN ENVIRONMENTAL PRESERVATION DISTRICTS", SECTION 17-40, TITLED "APPEALS", SECTION 23-2, TITLED "DEFINITIONS", SECTION 23-4, TITLED "DESIGNATION OF HISTORIC RESOURCES, HISTORIC DISTRICTS, MULTIPLE PROPERTY DESIGNATIONS, AND ARCHAEOLOGICAL SITES AND ZONES", SECTION 23-6, TITLED "TRANSFER OF DEVELOPMENT RIGHTS AND DENSITY FOR HISTORIC RESOURCES; PROVISION FOR A DETERMINATION OF ELIGIBILITY PROCESS, AND SPECIAL PROVISIONS FOR RESOURCES WITHIN THE MIAMI MODERN (MIMO)/BISCAYNE BOULEVARD HISTORIC DISTRICT; PROHIBITING CERTAIN USES; AND ESTABLISHING A 35-FOOT HEIGHT LIMIT", AND SECTION 23-6.2, TITLED "CERTIFICATES OF APPROPRIATENESS", TO SPECIFICALLY PROVIDE A DEFINITION OF INTERVENOR AND AN OPPORTUNITY FOR INTERVENOR STATUS FOR CERTAIN PUBLIC HEARINGS RELATED TO ENVIRONMENTAL PRESERVATION AND HISTORIC PRESERVATION MATTERS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13971 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: Let's take up SR.6 on the intervenor status. Commissioner Reyes, you're recognized. Commissioner Reyes: Yes, as I do understand, this would give intervener status to anybody that lives a quarter mile radius. A quarter mile radius is 1,320 feet. Thats close to five blocks, city blocks. And given the way that our city is -- the geography of our city, they're going to be cases or instances that people that do not even live in the City of Miami will have the right for intervener status. For example, in Flagami, I can get some people that lives in either in West Miami, Coral Gables, and the County. They could be granted intervenor status. I think that we should reduce the radius to 500 feet, which I think it will be more than enough, and that's what the court always has been accepted. I mean, a quarter of a mile, it doesn't mean that I want to limit City of Miami Page 75 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 intervenor status that much, but 1 think that it is too extensive. In areas -- other areas, let's say in district -- your district. You're going to have people from El Portal that could be -- that's right. They will have the right for intervenor status, you see? 1 think that the radius is a good idea, but the radius is too broad. Vice Chair Russell: Understood. Commissioner Reyes: Too big. Vice Chair Russell: Commissioner Carollo. Commissioner Carollo: This makes sense to me because when we force neighbors to have to give notification when they want anything to be done with their properties, they have to give notice within 500 feet. So, why should this be almost three times the amount? The 500 seems reasonable to me. Commissioner Reyes: Yes. Vice Chair Russell: Thank you. Madam City Attorney, quick question. If we amend it to 500 feet, can someone beyond 500 feet request intervenor status if they believe they have an effect greater than the general public? Ms. Mendez: No. Vice Chair Russell: So, it would completely exclude anyone beyond 500 feet. Ms. Mendez: Correct. Vice Chair Russell: I'm trying to think of a case where a very large development, SAP, for example, can have an effect way beyond 500 feet. So, I'm trying to not -- I definitely don't want to create a massive blanket where anyone within a quarter mile - Commissioner Reyes: Well, how about how about if it is such a status, the Commission reserved the right to recognize anybody beyond the 500 feet and provide intervenor status? We had that problem here with Magic City, remember? Vice Chair Russell: Yes. Commissioner Reyes: That's right. We had that problem here with Magic City, and when we were discussing -- Commissioner Carollo: Well -- Commissioner Reyes: And we decided which one is -- doesn't have automatic intervenor status. But to grant intervenor -- I mean, blanket intervenor status to anybody that lives 1,320 feet of the property, I think it would create a lot of problems, and it will get the right to people that don't even live in the City of Miami. Vice Chair Russell: So, it does -- it is very carefully worded, even with the quarter mile, that it doesn't grant everyone within a quarter mile the right to intervenor status. It says -- and I went through this with Barnaby. I was wrong; he was correct. A person shall be entitled to intervenor status if the person owns property within a quarter mile radius from the subject property but is not the property owner, abutting property owner, and has a particular interest in the application that is different in kind and degree than the general public. Which means just because they're in the quarter mile, we may find that they do not have a greater aggrievance than the City of Miami Page 76 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 general public. Commissioner Reyes: But -- Vice Chair Russell: So, we can exclude them within the quarter mile. Commissioner Reyes: But then we have to go through the process of excluding it. Vice Chair Russell: Correct. Commissioner Reyes: Why don't we go through the process of including them? Vice Chair Russell: Madam City Attorney, could we word it in a way that if it were 500 feet, anyone within has the right to apply, but anyone beyond 500 feet through Commission action can extend that radius as needed in that moment for that intervenor request? Ms. Mendez: This is difficult when you don't have a definition for what an aggrieved party is. You don't -- I mean, these things are -- Vice Chair Russell: That's the subjective issue. Ms. Mendez: So, these are just -- at the end of the day, if you want us to craft something different, 1 suggest that we reset it, and we craft something that you would - Vice Chair Russell: I think we're close. I think we can pass it. I think we're close. Commissioner Reyes: That's right. Ms. Mendez: Right. I mean, these things -- this is what ends up getting appealed. I mean, these are the issues that end up getting appealed, and at the end of the day, it's more job security for me. I'm not complaining, but I'm just telling you, you really want to able to craft this appropriately to make it say what you mean and what you want. Otherwise, you're going to end up with very cumbersome hearings with no criteria. Vice Chair Russell: All right. I'm fine with the 500 amendment as is. Commissioner Reyes: Okay. If it is 500, I don't have any objection to this. Vice Chair Russell: All right. Is there a motion? Commissioner Carollo: Motion. Vice Chair Russell: Motion by Commissioner Carollo, seconded by Commissioner Reyes. Commissioner Watson: Second. Vice Chair Russell: And an amendment to change quarter mile to 500 feet. And that is a radius as the crow flies, correct -- Commissioner Reyes: That's right. Vice Chair Russell: -- Madam City Attorney, the way it's defined? City of Miami Page 77 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Ms. Mendez: When it -- normally, we do it as a radius. Commissioner Reyes: Yeah, it's a radius. Vice Chair Russell: Got it. Okay. I just wanted to he sure. Is there any further discussion on SR.6? Seeing none, all in favor, say 'yes." Please read the ordinance into the record. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Thank you. We have a motion. We have a second. The ordinance has been read. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes on SR.6. Thank you. FR -- Commissioner Reyes: That was my only concern. Vice Chair Russell: Yes, Commissioner? Commissioner Reyes: That was nay only objection to anything. Vice Chair Russell: Thank you. END OF SECOND READING ORDINANCES City of Miami Page 78 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 8073 Department of Real Estate and Asset Management AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 50/ARTICLE II/DIVISION I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "SHIPS, VESSELS, AND WATERWAYS/OPERATION OF VESSELS/GENERALLY", BY ADDING A NEW SECTION 50-43, TITLED "OPERATION OF VESSELS, BOATS, AND OTHER WATERCRAFT IN MARKED MOTORIZED VESSEL EXCLUSION ZONES IN THE DINNER KEY NORTH MOORING FIELD AREA", TO ESTABLISH A VESSEL EXCLUSION ZONE IN THE WATERS OF THE DINNER KEY NORTH MOORING FIELD TO PROVIDE SAFE AREAS FOR USE BY VESSELS UNDER SAIL OR OAR OR SHALLOW DRAFT VESSELS OPERATING ELECTRIC ENGINES ONLY; AUTHORIZING THE CITY MANAGER TO UNDERTAKE AND TO EXECUTE THE NECESSARY APPLICATIONS WITH THE VARIOUS AGENCIES OF THE UNITED STATES OF AMERICA, THE STATE OF FLORIDA, AND MIAMI-DADE COUNTY TO ESTABLISH THE PROPOSED RESTRICTED AREA; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Vice Chair Russell: FR.1 is the mooring field. FR.2 is Chapter 62. Is there a motion on those two items? Commissioner Diaz de la Portilla: So moved. Vice Chair Russell: Moved by Commissioner Carollo, seconded by Commissioner Diaz de la Portilla. Is there an amendment needed on FR.2? No. Okay, as is. Is there any further discussion on FR.1 and FR.2? Cesar Garcia -Pons (Director, Planning): Yes, sir, there is. Cesar Garcia -Pons, Planning Department. For FR.2, we are amending it to add some language to exempt homesteaded people against the pre -application fees. Vice Chair Russell: Thank you. I read your mind. Mr. Garcia -Pons: Yes, I appreciate it. Thank you so much, sir. Vice Chair Russell: So, who was the mover? I apologize. Todd B. Hannon (City Clerk): Commissioner Carollo. Vice Chair Russell: Carollo. You accept the amendment? Thank you. Seconder? City of Miami Page 79 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Commissioner Diaz de la Portilla: Yes, sir. Vice Chair Russell: All right. Please read both ordinances, FR.1 and FR.2, into the record. Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: FR.2. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: thank you. Any further discussion? All in favor? The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. FR.2 ORDINANCE First Reading 7969 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Planning AS AMENDED ("CITY CODE"), TITLED "PLANNING AND ZONING"; MORE PARTICULARLY BY AMENDING ARTICLE II, SECTION 62- 12 OF THE CITY CODE, TITLED "COMPREHENSIVE PLANNING/FEE FOR INSPECTIONS AND EXAMINATIONS OF PLANS FOR COMPLIANCE WITH THE PROVISIONS OF THE CITY ZONING ORDINANCE AND MISCELLANEOUS ZONING FEES", AND ARTICLE VI, SECTION 62-22 OF THE CITY CODE, TITLED "ZONING AND PLANNING FEES/SCHEDULE OF FEES", TO PROVIDE A COMPREHENSIVE UPDATE TO THE PLANNING AND ZONING FEES; 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: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number FR.2, please see Item Number FR.1. END OF FIRST READING ORDINANCES City of Miami Page 80 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 AC.1 8636 Office of the City Attorney AC - ATTORNEY -CLIENT SESSIONS ATTORNEY -CLIENT SESSION UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE FEBRUARY 25, 2021 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 CASE OF ERNESTO CUESTA, ET AL. VS. CITY OF MIAMI AND WEST FLAGLER ASSOCIATES, LTD., CASE NO. 20-006298 CA (43), PENDING BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION WHICH INCLUDE VICE-CHAIRMAN KEN RUSSELL AND COMMISSIONERS ALEX DIAZ DE LA PORTILLA, JOE CAROLLO, MANOLO REYES, AND JEFFREY WATSON; CITY MANAGER ART NORIEGA, V; AND ATTORNEY RAQUEL RODRIGUEZ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON PRESIDING OVER THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson City of Miami Page 81 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 AC.2 8637 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 FEBRUARY 25, 2021 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 CASES OF ERNESTO CUESTA, ET AL. VS. CITY OF MIAMI AND WEST FLAGLER ASSOCIATES, LTD., CASE NO. 20-006298 CA (43), PENDING BEFORE THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, AND WEST FLAGLER ASSOCIATES, LTD. VS. CITY OF MIAMI, CASE NO. 19-CV-21670-RNS, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE 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 VICE-CHAIRMAN KEN RUSSELL AND COMMISSIONERS ALEX DIAZ DE LA PORTILLA, JOE CAROLLO, MANOLO REYES, AND JEFFREY WATSON; CITY MANAGER ART NORIEGA, V; AND ATTORNEY RAQUEL RODRIGUEZ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON PRESIDING OVER THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson END OF ATTORNEY -CLIENT SESSIONS City of Miami Page 82 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 BU.1 8133 Office of Management and Budget BU - BUDGET DISCUSSION ITEM MONTHLY REPORT I SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET) II SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Vice Chair Russell: Can I get the status of the fiscal year 21-22 proposed budgets please? Fernando Casamayor (Assistant City Manager/Chief Financial Officer): Good afternoon, Commissioners. Fernando Casamayor, Assistant City Manager. As you know, the books have closed for the month of January, which puts us about a third of the way through our fiscal year. Our overall revenues received year-to-date are about $4 million higher than they were at this point last year. However, we're still projecting a lower than budgeted number of about $66 million in revenues. Some of the revenues that we're watching very closely, it's, you know, mostly relating to COVID-19 are Fire -Rescue Department, Police, Real Estate and Asset Management, Parks, communication service tax from the state of Florida, our parking surcharge, and our half -cent sales tax share, as well as interest earnings. Our expenditures, on the other hand, at this early time, we project that expenditures are going to be lower than budgeted by about $27.35 million. And we are monitoring a couple of departments to make sure that they stay within budget. One is our Innovation and Technology Department. They're projected to go over because of a labor settlement. And Department of Real Estate and Asset Management is projected to go over because of some required repairs at the James L. Knight Center. Overall, our projected revenues minus our expenses are currently trending towards a surplus of $12.6 million for the general fund. We are projecting a deficit of $46.8 million in the building reserve because we transferred $45 million out of it as part of the midyear for the building facility. So, overall, we could have an overall deficit of $30.2 million. But again, that's as a result of the transfer of the 45 million. These projections we believe are valid, but they're very, preliminary. This thing could change at any time. So, we will continue to monitor and inform the Commission as soon as there are any changes. As for our new budget development, 21-22, our budget instructions have gone out to all of our departments, and we're working very closely with all of them to ensure that we prepare their initial budget needs. And with that, I'll take any questions that you may have at this time. Vice Chair Russell: Any questions for Mr. Casamayor? Thank you very much. END OF BUDGET City of Miami Page 83 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 DI - DISCUSSION ITEMS DI.1 DISCUSSION ITEM 8590 Commissioners and Mayor A DISCUSSION ITEM BASED ON THE STATUS OF THE LEGISLATIVE SESSION. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item DL1 was deferred to the March 11, 2021, City Commission Meeting. Note, for the Record: For minutes referencing Item Number DI], please see "Order of the Day." DI.2 DISCUSSION ITEM 8440 A DISCUSSION ITEM REGARDING THE GIFT CARD PROGRAM. Commissioners and Mayor RESULT: DISCUSSED Vice Chair Russell: So, let's -- yep. Would you like to take up DI.2, discussion item on the gift card program? William Porro (Director): Good afternoon, Commissioners. William Porro, Department of Human Services. Good afternoon. Commissioner Carollo: If you could walk us through of the full remaining dollars that are left -- Mr. Porro: Yes, sir. Commissioner Carollo: -- and how many of those fall on which elected official. Mr. Porro: Yes, sir. Right now, the good news is we were able to purchase 32,244 cards. We have scanned copies of the cards that were given out for reimbursement purposes. Commissioner Carollo: But hold -- I'm not asking what you were -- Mr. Porro: Okay. Commissioner Carollo: -- willing to buy or not. I'm not sure of the news or bad news, depending on -- Mr. Porro: My apologies, Commissioner. City of Miami Page 84 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Commissioner Carollo: -- what happens. What I'd like to know is how many dollars - Mr. Porro: Understood. Commissioner Carollo: -- each member of the Commission has that was not used, and of course, the Mayor. Mr. Porro: Unallocated. In other words, that has not been spent. Yes, sir. Commissioner Carollo: That's correct. Mr. Porro: 360,388 for District 5 was leftover. Commissioner Carollo: And we took care of that the last time we discussed this. Mr. Porro: Okay. Commissioner Carollo: Okay. Mr. Porro: District 3, yourself, sir, was 99,375. District 2 is 279,313. And the Mayor doesn't have anything left. Commissioner Carollo: He doesn't have any remaining? Mr. Porro: No, sir. He doesn't have any. Commissioner Carollo: Well, from what was sent to me seemed -- maybe not, but okay. Who else has got some money left? Mr. Porro: That's it, sir. Commissioner Carollo: Can you go from the top? Let's start with D1. Mr. Porro: Yes, sir. Commissioner Carollo: D2, D3 -- Mr. Porro: DI -- Commissioner Carollo: -- D4, and D5. Mr. Porro: 190,800. Commissioner Carollo: Okay. Mr. Porro: D3 -- D2 -- that's D1, my apologies, 190,800. Commissioner Carollo: Okay. Mr. Porro: D2, 279,313. Commissioner Carollo: Right. Mr. Porro: Yourself sir, 99,375. Commissioner Carollo: Right. City of Miami Page 85 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Mr. Porro: And District 5, 360,388, for a total of 372,700. Commissioner Carollo: D4 had nothing. Mr. Porro: Sir? Commissioner Carollo: D4 had nothing. Mr. Porro: D4 had nothing, sir. Yes, sir. They spent everything. Commissioner Reyes: Can 1 clam something? Excuse me. Commissioner Carollo: Go ahead. Commissioner Reyes: I want to clarify that this is -- these are funds that were allocated for gift cards, but they were not purchased. Mr. Porro: That's correct, unused. That's correct. Commissioner Reyes: Okay. Mr. Porro: Yes, sir. Commissioner Reyes: Okay. Because I want to -- you see, make clear that this is funds that were allocated to those districts, to every district, but they were not purchased and distributed. As a matter offact, they were not purchased. Mr. Porro: They were not purchased. That's correct. Commissioner Reyes: They were not purchased. Mr. Porro: It was unused. Unused funds. Commissioner Reyes: That's why you have a surplus on those districts because all the cards were not purchased. Mr. Porro: That is correct. Commissioner Reyes: Okay. I wanted to clarify that because I didn't want any confusion. Commissioner Carollo: Alright. Where's the Chairman at? Mr. Chairman. No, no, no. We're just starting. I got into the record what was left that was not bought in cards for each district. Now, can you read to us which was the application for City of Miami grocery gift cards program that was approved in some form by this Commission when we made a resolution. What did we ask to be included besides whatever else staff wanted in the application? Mr. Porro: Sir, if I understand your question is you want to know the amount of the scanned copies that we --? Commissioner Carollo: No. Mr. Porro: No? Commissioner Carollo: No, no. I'm not even there yet. City of Miami Page 86 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Mr. Porro: Okay. Commissioner Carollo: I'm asking the application form that the City gave to each elected official to use -- Mr. Porro: Yes, sir. Commissioner Carollo: -- at least there were some areas in this form that were based upon resolution, in other words, instructions from this body for the Administration to include in the application forms that were to be filled, correct? Mr. Porro: There was only one form that was -- Commissioner Carollo: Right. Mr. Porro: That's correct. Commissioner Carollo: One form? Mr. Porro: Yes, sir. Commissioner Carollo: Do you remember -- and I'll have the Clerk to pull the minutes or someone else can do it -- what were the requirements or the main requirement that this Commission discussed and instructed the Administration to place upon the form that we were to give and was to be filled out by each person receiving a card? Mr. Porro: They had to be a City of Miami resident. They had to have had an impact of COVID -- I'm going by memory -- and obviously, they have to sign it. Then the card number was placed by staff on that form. Some would put the type of card or the denomination of the card and that was pretty much it. Commissioner Carollo: They had to have their names, correct? Mr. Porro: Oh, absolutely sir, yes. Commissioner Carollo: They had to have their address, correct? Mr. Porro: Absolutely. Yes. And phone number, by the way, as well. Yes. Commissioner Carollo: And you're forgetting one area that Commissioner Diaz de la Portilla touched up a few items back on how important it is that we stated that we wanted that, that we needed it to be included, and that was part of our instructions to the Administration to include the state wording on what is a sworn affidavit. You remember that? Mr. Porro: I do, sir. Yes. Commissioner Carollo: Okay. And is this what the forms had as far as the sworn affidavit, pursuant to Florida Statute 92.525, under penalty of perjuty, I declare that I have read the foregoing and that the facts stated in it are true. Mr. Porro: I don't remember that particular statement, sir. But if you're reading it from the affidavit, I'm -- Commissioner Carollo: Well, here -- City of Miami Page 87 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Mr. Porro: 1 know that there was another -- if 1 may, there was another --1 believe it's Commissioner Carollo: Here's a couple that were done if you want to come and see them so that could refresh your memory more. These were the ones that the Administration sent to us that included many of our requests and instructions that were used. Mr. Porro: Yes. These look -- they look like the ones. Yes, sir. Commissioner Carollo: Mr. Assistant Manager, since you were involved in that process -- I think you were the assistant manager involved in the process -- could you look at these and see if these are the ones that you gave with the sworn statement? Fernando Casamayor (Assistant City Manager/Chief Financial Officer): Yes, sir. Those are copies of what was sent to all of the offices and those were some of the applications that were utilized by each o f your district offices. Commissioner Carollo: All right. IfI could get those back. Mr. Porro: Oh, I'm sorry. Commissioner Carollo: Thank you. Thank you. [Later...] Commissioner Carollo: Let me go back since we you got that motion out of the way. Let me begin with me, District 3. Based upon what we handed in and we were going through, the information that my staff provided me, our applications show that we assigned 78 more cards than were issued to us. And that's because some people never came to pick up cards, and we then reissued them. The current number of remaining cards that were not assigned -- as my office tells me that we have -- is actually 23. And because of what I stated, your number -- well, we actually had a total of 133 applications where more than one card was issued. When we first started, we had allocated up to $250. Then when monies were shifted, we stated that we would go up to 350. And we had 133 applications, apparently, that we included more than one card in them, and that's why in the numbers that you had, it doesn't show that you just counted pieces of paper. I want the auditor general to look at what we have. In fact, they could begin with me. The biggest problem that I have here is the following. The Commissioner Reyes: Don't get angry. Commissioner Carollo: You break it, you pay for it. Mr. Porro: All right. We'll bill the County -- bill the City Attorney's office. Commissioner Carollo: Yeah. The -- we heard both the Assistant City Manager in charge of the card program. You've heard the director in charge of the card program that, upon this Commission's instructions, one of the key requirements was -- besides many that we gave -- that they also had to sign at the end that pursuant to Florida Statutes, under penalty of perjury, I declare that I have read the foregoing and that the facts stated in it are true and the signature of the applicant. The reason we had stated originally that we needed this and that that was important was because that's what state statute requires. State statute requires that, in the Florida Supreme Court, in -- I believe it was 1999/2000 opinion -- stated that you no longer needed a notary public if you sign yourself under that wording. And if you're not truthful, then you City of Miami Page 88 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 committed perjury. So, that's why we wanted that there at the time. Where I have a problem is that from what I've been given -- and I'm seeing this -- that one of us decided that we were going to do our own form, and that form only had the name of the person, the signature of the person with the date, the number of the card, a signature of an employee from the City that had done the process from the individuals' office, I'm assuming, and that was it. No sworn statement, no address, no telephone number. And none of us, and particularly when we all voted on the resolution requesting and instructing the Administration that this is what we wanted in a form that was going to be used, none of us had the right to do whatever we wanted and to do something in this sort where the only thing you have is a name from someone, and you don't have an address that matches to that person. You don't have a phone number that matches to that person. How do we verify who the person is, where do they live at? How do we reach them? So, can any of you figure that out? If you don't have an address -- Mr. Porro: No. Commissioner Carollo: -- if you don't have a telephone number, Mr. Porro: It'd be difficult, absolutely. Commissioner Carollo: Extremely difficult. Mr. Porro: Of course. Commissioner Carollo: And all that is not under a sworn affidavit like we requested. Now, did the Administration approve this? Mr. Porro: No, sir. At least 1 did not, no. Commissioner Carollo: Now, what concerns me even more, who the heck was responsible for going through these and making sure that, at the very least, we were following the format that the Administration gave each of us based upon what we requested of you to do? Mr. Porro: Commissioner, what I sent out to everybody and trained everybody on, all staff, was what the Commission approved and directed. Commissioner Carollo: But didn't anybody see this at any point when they were being given? Mr. Porro: No, sir. Commissioner Carollo: In other words, you guys just scanned this, threw them in a box, and you didn't bother to see anything else? Mr. Porro: It was 32 thousand plus copies. No, I did not go through each box, but that was -- actually, it was the reimbursement entity who acknowledged that there were two boxes that they went through that did not have any signatures. And that's where that form -- Commissioner Carollo: Well, I haven't even gone there, but -- Mr. Porro: Okay. Commissioner Carollo: -- on this one here, from what I'm seeing there's 8,599, I believe, in this fashion so -- City of Miami Page 89 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Mr. Porro: That's correct, sir. Commissioner Carollo: Anyway, that's what 1 wanted to get on the record, and this is why I have a great concern. And I certainly want to be as transparent as we can because the last thing that I am going to not do is to bring forth a system that was not followed. I insisted, and all my people, that we had to follow the process. And I'll tell you it was even more difficult because at that same time we were handing out some 40-pound bags of food and two pork shoulders. And then we were taking out -- and filling out forms also. 1 know all of us were under extreme stress because the County gave us very limited time to do this. Mr. Porro: Yes, sir. Commissioner Carollo: But there's no excuse for this. This looks horrible. I don't know if we could ever figure out how many of these people really got these cards or not. And the sad part is that all of us are going to be painted with the same brush. So, I'm really surprised that the Administration -- I heard the excuse you gave me. I don't buy it. I'm going to say this to you. Whether it's me, whether it's any one of us, the Mayor, none of us is a prince, a king, a Saudi sheikh that is above the law. All of us put our pants every morning the same way, our shoes the same way. We're all as equal as the poorest resident that we have in our city. And you cannot allow a process not to be followed just because it's an elected official that decides not to follow it and do as they please. Shaine on all of you for letting this happen. Vice Chair Russell: Thank you, Commissioner. Is that it for D1.2? Commissioner Reyes: Commissioner, is that be part of the investigation from -- that you are giving? Vice Chair Russell: The auditor. Commissioner Carollo: Excuse me. Commissioner Reyes: Is this going to be the use of that should be part of the investigation, why, and if it had any negative effect? Commissioner Carollo: The auditor should look at anything that he thinks he should look at, including that having to do with these cards. Commissioner Reyes: Okay. Vice Chair Russell: Thank you, Commissioner Carollo. City of Miami Page 90 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 DI.3 DISCUSSION ITEM 8438 A DISCUSSION ITEM REGARDING HOMELESSNESS. Commissioners and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item DL3 was deferred to the March 11, 2021, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number DL3, please see "Public Comments for all Item(s)." Vice Chair Russell: The remaining discussion items are yours, DI.3, 4, and 5. How would you like to proceed? Commissioner Carollo: Same. Vice Chair Russell: Homelessness, land acquisition and parks. Commissioner Carollo: D1.3 -- let me say this in the record. Finally. Finally, I'm seeing light at the end of the tunnel. There has been work and a difference made in my district. I'm not going to speak for any of you, but I'm seeing some positive signs within my district. There still needs to be more work to be done. Commissioner Reyes: Yep. Commissioner Carollo: But -- and a lot more work -- but there's movement. Vice Chair Russell: You're talking with regard to homelessness? Commissioner Carollo: Yes, yes. So, Pll bring this up at the next meeting so the Manager could give us a report when we meet again. Vice Chair Russell: Motion to defer DI.3 to the -- Commissioner Carollo: And the report that I'd like is for the Manager to go district by district what we have found and seen. Vice Chair Russell: Motion to defer DL3 to March 11 th, correct? Commissioner Reyes: Move. Commissioner Carollo: Yes, please. Vice Chair Russell: Moved by Commissioner Reyes, seconded by Commissioner Carollo. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Motion passes. City of Miami Page 91 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 DI.4 DISCUSSION ITEM 8568 A DISCUSSION REGARDING LAND ACQUISITION FOR PARKS. Commissioners and Mayor MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item DL4 was deferred to the March 11, 2021, City Commission Meeting. Vice Chair Russell: DI.4. Commissioner Carollo: DI.4 and DI.5, we're going to carry them into the next meeting. We might have to change the wording, but the Manager assures me he will be ready for the next meeting on at least a good portion of this. Again, I plead with each of you that if you don't have land that you've identified in your district, to please identify land that could be purchased for affordable housing to own. Vice Chair Russell: Motion to defer DI.4 and -- Commissioner Reyes: Move. Vice Chair Russell: -- DL 5 to March 11 th. Commissioner Reyes: Move. Vice Chair Russell: Moved by Commissioner Reyes. Commissioner Diaz de la Portilla: Second. Vice Chair Russell: Seconded by Commissioner Diaz de la Portilla. All in favor, say "aye. The Commission (Collectively): Aye. Vice Chair Russell: The motion passes. Thank you very much. City of Miami Page 92 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 DI.5 DISCUSSION ITEM 8569 Commissioners and Mayor A DISCUSSION REGARDING LAND ACQUISITION FOR AFFORDABLE HOUSING HOMEOWNERSHIP. MOTION TO: Defer RESULT: DEFERRED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item DL5 was deferred to the March 11, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number DL5, please see Item Number DL4. DI.6 DISCUSSION ITEM 8650 Commissioners and Mayor AN IMPORTANT DISCUSSION REGARDING THE LENGTH OF TIME CITY OF MIAMI ("CITY") CAPITAL PROJECTS TAKE TO COMPLETE; THE QUALITY CONTROL OF THE DESIGN AND CONSTRUCTION WORK PROVIDED FOR THESE PROJECTS; THE PROCESSING OF CHANGE ORDERS AND HOW THEY IMPACT THE PROJECTS; AND THE PROCESS OF REVIEW AND ACCOUNTABILITY FOR THE PROJECTS AS RECEIVED BY THE CITY AND ACCEPTED BY THE STAFF. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: Item DL 6 was continued to the March 25, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number DI.6, please see "Order of the Day." END OF DISCUSSION ITEMS City of Miami Page 93 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 PZ.1 PART B: PZ - PLANNING AND ZONING ITEM(S) ORDINANCE First Reading 3001 MAY BE WITHDRAWN Commissioners AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING and Mayor - PZ ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING APPENDIX A, TITLED "NEIGHBORHOOD CONSERVATION DISTRICTS", BY AMENDING SECTION A-2: "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD-2)" AND SECTION A-3: "COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT (NCD-3)" WITH NEW REGULATIONS, STANDARDS, AND GUIDELINES FOR FUTURE DEVELOPMENT WITHIN THE COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICTS; PROVIDING FOR CERTAIN DEVELOPMENT STANDARDS WITHIN THE NCD-3 TO APPLY TO THE NCD-2 IN THE ABSENCE OF THE SAME DEVELOPMENT STANDARDS BEING ADDRESSED WITHIN NCD-2; PROVIDING FOR THE ANCILLARY UNIT USE IN THE T3-R AND T3-O TRANSECT ZONES IN NCD-2; PROVIDING FOR BED AND BREAKFAST AND GENERAL COMMERCIAL USES BY EXCEPTION WITHIN HISTORICALLY DESIGNATED STRUCTURES IN THE T3-R, T3-L, AND T3-O TRANSECT ZONES WITHIN NCD-2; PROVIDING FOR BUILDING SITE ESTABLISHMENT PROCEDURES; PROVIDING FOR SUPPLEMENTAL DEVELOPMENT STANDARDS FOR THE NCD- 2 AND NCD-3 CONCERNING HEIGHT, LOT COVERAGE, ACCESS, LOADING, LANDSCAPING, AND OTHER DEVELOPMENT CONDITIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.1, please see "Order of the Day" and "Public Comments for all Item(s). " City of Miami Page 94 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 PZ.2 ORDINANCE First Reading 8166 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 1, SECTION 1.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TITLED "DEFINITIONS/DEFINITIONS OF BUILDING FUNCTION: USES" AND SECTION 1.2 OF THE MIAMI 21 CODE, TITLED "DEFINITIONS//DEFINITIONS OF TERMS"; ARTICLE 3, SECTION 3.4 OF THE MIAMI 21 CODE, TITLED "GENERAL TO ZONES/DENSITY AND INTENSITY CALCULATIONS"; ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE, TITLED "STANDARDS AND TABLES/BUILDING FUNCTION: USES" AND TABLE 4, TITLED "STANDARD AND TABLES/DENSITY, INTENSITY AND PARKING"; ARTICLE 6, TABLE 13 OF THE MIAMI 21 CODE, TITLED "SUPPLEMENTAL REGULATIONS"; AND ARTICLE 7, SECTION 7.2, TITLED "PROCEDURES AND NONCONFORMITIES/NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS", TO ALLOW AND ESTABLISH DEFINITIONS AND REGULATIONS FOR CO -LIVING RESIDENTIAL USES AND TO MODIFY THE REGULATIONS FOR MICRO DWELLING UNITS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item PZ.2 was continued to the March 25, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.2, please see "Order of the Day." City of Miami Page 95 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 PZ.3 ORDINANCE First Reading 6760 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "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: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item PZ.3 was deferred to the April 8, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.3, please see "Order of the Day." City of Miami Page 96 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 PZ.4 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: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item PZ.4 was deferred to the April 8, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.4, please see "Order of the Day." City of Miami Page 97 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 PZ.5 ORDINANCE Second Reading 7887 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, PURSUANT TO AN EXPEDITED STATE REVIEW PROCESS ESTABLISHED BY SECTION 163.3184(3), FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF APPROXIMATELY 87.646 ACRES OF REAL PROPERTIES LOCATED BETWEEN 1-195 ON THE NORTH, 1-95 ON THE WEST, NORTHWEST 29TH STREET ON THE SOUTH, AND NORTH MIAMI AVENUE ON THE EAST, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "HIGH DENSITY MULTIFAMILY RESIDENTIAL" AND "RESTRICTED COMMERCIAL"; FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL"; FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "HIGH DENSITY MULTIFAMILY RESIDENTIAL," "RESTRICTED COMMERCIAL," AND "GENERAL COMMERCIAL"; FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" AND "GENERAL COMMERCIAL"; FROM "RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL"; AND FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item PZ.5 was deferred to the March 11, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.5, please see "Order of the Day" and "Public Comments for all Item(s). " City of Miami Page 98 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 PZ.6 ORDINANCE Second Reading 7888 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 91.57 ACRES OF REAL PROPERTIES LOCATED BETWEEN INTERSTATE 195 ON THE NORTH, INTERSTATE 95 ON THE WEST, NORTHWEST 29 STREET ON THE SOUTH, AND NORTH MIAMI AVENUE ON THE EAST, MIAMI, FLORIDA FROM "T3-O", SUBURBAN TRANSECT ZONE - OPEN, TO "T4-R", URBAN CORE TRANSECT ZONE — RESTRICTED, AND "T4-L", GENERAL URBAN TRANSECT ZONE - LIMITED; FROM "T4-R", GENERAL URBAN TRANSECT ZONE - RESTRICTED, TO "T5-L", URBAN CENTER TRANSECT ZONE — LIMITED, AND "T5-O", URBAN CENTER TRANSECT ZONE - OPEN; FROM "T4-L", GENERAL URBAN TRANSECT ZONE - LIMITED, TO "T4-R", GENERAL URBAN TRANSECT ZONE - RESTRICTED, "T5-L", URBAN CENTER TRANSECT ZONE — LIMITED, AND "T5-O", URBAN CENTER TRANSECT ZONE - OPEN; FROM "T4-O", GENERAL URBAN TRANSECT ZONE - OPEN, TO "T5-L", URBAN CENTER TRANSECT ZONE — LIMITED; FROM "T5-O", URBAN CENTER TRANSECT ZONE - OPEN, TO "T6-8-O", URBAN CORE TRANSECT ZONE - OPEN; AND FROM "Cl", CIVIC INSTITUTIONAL TRANSECT ZONE, TO "T5-O", URBAN CENTER TRANSECT ZONE — OPEN, AND "T6-8-O", URBAN CORE TRANSECT ZONE - OPEN, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item PZ.6 was deferred to the March 11, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.6, please see "Order of the Day" and "Public Comments for all Item(s). " City of Miami Page 99 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 PZ.7 ORDINANCE Second Reading 7889 Commissioners and Mayor - PZ PZ.8 8362 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), PURSUANT TO ARTICLE 3, SECTION 3.12.3 OF THE MIAMI 21 CODE, BY REZONING CERTAIN PARCELS OF APPROXIMATELY 141.58 ACRES FOR THE CREATION OF THE "WYNWOOD NORTE NEIGHBORHOOD REVITALIZATION DISTRICT (NRD-2)" BY CHANGING THE ZONING CLASSIFICATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED BETWEEN INTERSTATE 195 ON THE NORTH, INTERSTATE 95 ON THE WEST, NORTHWEST 29TH STREET ON THE SOUTH, AND NORTH MIAMI AVENUE ON THE EAST, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MODIFYING THE TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B", ATTACHED AND INCORPORATED; MAKING FINDINGS OF FACT; STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item PZ. 7 was deferred to the March 11, 2021, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ. 7, please see "Order of the Day." ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "PUBLIC PARKS AND RECREATION" TO "RESTRICTED COMMERCIAL" OF THE 5.38 ± ACRES DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 1111 PARROT JUNGLE TRAIL, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13972 City of Miami Page 100 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item Number PZ.8, please see "Public Comments for all Item(s). " Vice Chair Russell: I would like to ask for a notion on the Parrot Jungle items. We have five items here; some will need to be amended. But just to get the ball rolling for discussion, is there a motion -- Commissioner Reyes: I move it. Vice Chair Russell: -- on PZ.8, 9, 10, 15 and 16? Moved by Commissioner Reyes, seconded by the Chair. Victoria Mendez (City Attorney): Chairman? Vice Chair Russell: Yes. Ms. Mendez: Would you like to take some of the discussion items since we're still working on the items that --? Vice Chair Russell: I thought that you were ready on that. Ms. Mendez: No. Vice Chair Russell: Need a little more time? Ms. Mendez: A little more time, please. Vice Chair Russell: We've got -- okay. Ms. Mendez: I think we have a couple of discussion items, no? They're all done? Vice Chair Russell: We do. I was trying to get this in -- under -- Ms. Mendez: Oh. Vice Chair Russell: -- before that if you were ready. How close are you? 15 minutes? All right. We can go into discussion items. All right. My apologies. I thought we were ready for that item. I know the Law Department and the applicant are working on a few details. [Later... ] Vice Chair Russell: Before we had gone into discussion items, Commissioner Reyes was making a motion on PZ -- the remaining PZ items, PZ.8, 9, 10, 15, and 16. It was seconded by the -- by the Chair. I believe we may have some amendments to address for my part, Mr. Manager, and perhaps the applicant can address the issue that's been brought up by residents with regard to boat safety in the area. This is something that Mr. Crowley probably knows a lot about actually. But I'd like to make sure because I believe PZ.10 -- if there's any place to memorialize any changes that need to be made to make sure there's boat safety in the channel and near Jungle Island and the club that we implement that now. City of Miami Page 101 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Spencer Crowley: Thank you, Commissioner. Spencer Crowley, 98 Southeast 7th Street, for the record. We were watching the public comment earlier and just want to raise a couple of points. First of all, if you look at the NOAA (National Oceanic and Atmospheric Administration) chart for this area, it's 11468 entitled Miami Harbor. And I have excerpts of this here that I can pass out. But you'll see that there's no marked channel in the area between Watson Island and Biscayne Island. So, I understand there's concerns about boats in the waterway, but it's really not a navigable channel. Also, Florida Statutes prohibits local governments from regulating navigation anchorage in the waterways, except under very, very limited circumstances. The City of Miami has the ability to initiate a process -- a statutory process that must be ratified by the FWC (Florida Fish and Wildlife Conservation Commission). But we can't -- I mean, the City can't even unilaterally enact regulations like that. Now, we've supported -- in a letter that we sent to the police chief -- the City's efforts to enact such a boating safety zone in that area. The City of Miami Beach recently established a similar boating safety zone for Monument Island, just to the east of us. And we would support and participate and cooperate in any efforts to do something like that. Vice Chair Russell: I'm sorry -- Mr. Crowley: Unfortunately -- Vice Chair Russell: -- Mr. Crowley, what did you call it, a safety zone? Mr. Crowley: Boating safety zone or boating restricted zone. So, if you look in Florida Statutes 327.46, that will give you the very specific procedures that need to be followed in order to enact these restricted zones. Vice Chair Russell: So -- and it's -- Mr. Crowley: And we're certainly happy to help and participate. It's not something we could do. It's not something the City could do on its own. It has to go to FWC and be ratified. Vice Chair Russell: Well, as far as enforcing in the channel, there's no mooring in the channel, correct? Mr. Crowley.. Well, there is no channel. Vice Chair Russell: Oh, I thought this was -- there's a navigable channel. Mr. Crowley: No, sorry. When you were talking over there, I explained that we pulled the NOAA chart for this area. Its entitled Miami Harbor. The number is 11468, and there is no marked channel in between Biscayne Island and Watson Island. Vice Chair Russell: So, for lack of that, mooring is allowed there? Mr. Crowley: Yes, legally it is. And legally, there's restrictions against -- prohibiting anchorage in that area. Vice Chair Russell: And I believe we've just established -- Mr. Crowley: I can -- Vice Chair Russell: -- recently a mooring field to the east of this area. City of Miami Page 102 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Mr. Crowley: Yes, just to the east and south. Right, just to the east of Watson Island. Vice Chair Russell: Would that mooring field be available for transitory mooring? Mr. Crowley: Yes, of course. Vice Chair Russell: Or do we have them --? Maybe this might be a question for DREAM, the Real Estate Asset Management Department. Or are we locking all of them up for medium term --? Mr. Crowley: No. My understanding is those mooring balls are available for short- term -- Vice Chair Russell: On a daily basis, a few hours. And are those close enough that the tenders could access any boats that moored over there -- Mr. Cro wlev: Yes. Vice Chair Russell: -- to come to Joia? Mr. Crowley: Yes. Let me -- Vice Chair Russell: So, what I'm trying to do is establish a pattern and maybe we even memorialize it in the management agreement -- or the development agreement that creates a process at which boats can visit their establishment in a organized fashion that's convenient for your customers, but safe for that area in front. So, do you have any recommendations as the Real Estate Asset Management Department or as the applicant that can help address it? Mr. Crowley: Yeah. I guess what I'm saying is the City -- the state law prohibits the City from regulating anchorage unless you do these boating restricted zones. Vice Chair Russell: Right. Mr. Crowley: So, anybody can go and anchor in that area and there's really, unfortunately, nothing that you could do about it. Vice Chair Russell: It's not a seagrass issue or anything like that? So -- but where I'm heading is if our established mooring field actually is quite convenient and conducive to safe anchorage where a tender can then bring your customers, I would like to initiate a process where we start utilizing that, encouraging your customers to utilize that and then perhaps apply for an exclusionary zone within that area in front so it doesn't become a congregating zone without any organization. Mr. Crowley: Yeah, I mean, we'd be happy to work with DREAM and try, to set aside some of those mooring balls in the northwest corner so that those could be available for transitory usage on a, you know, daily basis, hourly basis, and, you know, have people directed to try to use those. Vice Chair Russell: Now, would it be best to do those as designated mooring balls for their customers and that they would then cover or each customer as they come would nioor up and -- Mark Burns: We would like to -- I'm sorry, Mark Burns, Department of Real Estate and Asset Management. We would like to keep it open to all comers. City of Miami Page 103 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Vice Chair Russell: Got it. But you believe the capacity is there, that we won't have a situation where boats can't find a mooring ball and they just start mooring anywhere they want? Mr. Burns: Well, that depends on how many boats want to come. Mr. Crowley: Yeah. Well, there's -- I mean, there's a hundred mooring balls in the mooring field. Vice Chair Russell: Yes. Mr. Crowley: But I mean, anybody can anchor in that area in that waterway in between Venetia -- in between Biscayne Island and Watson Island. Legally, they can do that legally. There's no way for the City to prevent that unless we do one of these restricted zones. Even if you're not going to Jungle Island, if you're just out in the boat and you want to have a picnic with your family, you can drive over there on your boat, drop anchor, and that's totally legal. Vice Chair Russell: Yes. Mr. Burns: And there's nothing we can -- anybody of us can do to restrict that. Commissioner Carollo: Is Elie here today? I don't see him. Vice Chair Russell: Who? Commissioner Carollo: Elie? Vice Chair Russell: Oh, yes. Mr. Crowley: Yes, sir, he's here. Commissioner Carollo: Can you come up? First of all, I want to congratulate you for doing what's right and having paid the City the monies that were owed to us and we requested. Commissioner Reyes: Keeping his word. Elie Mimoun: Thank you. Commissioner Carollo: So, I, you know, thank you for that. Secondly of all, I didn't return your calls, not because I wanted to be discourteous, simply I just had more on my plate than I could juggle. Mr. Mimoun: No problem. Commissioner Carollo: So, I just wanted to say that. Lastly, I unfortunately have to go. It's something that I have no choice on. And unless my vote is needed to pass this, then if it's not needed, then I would leave. Vice Chair Russell: This could go rather quickly, Commissioner, if you've got a few minutes. Commissioner Carollo: Like say five minutes, we could be done. Mr. Mimoun: Thank you. Vice Chair Russell: So, my -- and so just in summation, I would like to direct an City of Miami Page 104 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 amendment to the development agreement that establishes a process for utilizing the mooring field and a process -- a cooperative process between the City and Jungle Island in applying for a safety zone. Mr. Crowley: The City has to apply. Vice Chair Russell: The City will apply. Mr. Crowley: We will cooperate -- Vice Chair Russell: That's what I meant. Mr. Crowley: -- but the City will apply, right. Vice Chair Russell: Thank you very much. And I knew you would know a lot about that as our FIND (Florida Inland Navigation District) commissioner. Mr. Crowley: One of the few things I know about, yeah. Vice Chair Russell: Thank you very much. And that -- and beyond that, I believe there's some amendments in the development agreement with regard to indemnity. Mr. Crowley: Right, if I could just run through real quick. So, on Tuesday the 23rd at 10:58 in the morning, we submitted a revised -- not a revised - a development agreement that had several clarifications in it. And 1 can run through -- there's eight of them. All of them have been agreed to with staff and the attorney's office. The one that we were working on up until just a few months ago, relates to indemnification. I believe -- and Barnaby can correct me -- that we've agreed on an indemnification provision. It will be as I transmitted to him, probably 30, 45 minutes ago, with the addition of one clause which I'd like to read into the record. Vice Chair Russell: Barnaby, are you familiar with the clause? Barnaby Min (Deputy City Attorney): Yes, sir. Vice Chair Russell: Go ahead. Mr. Crowley: City owns the property and ESJ is developing the property. And as such, the City and ESJ are partners in the Jungle Island SAP (Special Area Plan) and will partner to defend any challenge or cause of action to the Jungle Island SAP and development agreement with each covering its own costs and attorney's fees. Vice Chair Russell: Thank you for -- Mr. Crowley: So, that provision with the others that we clarified should do it. Vice Chair Russell: Thank you. Mr. Crowley: Thank you for your assistance -- Vice Chair Russell: Mr. -- Mr. Crowley: -- in this process, everyone. Vice Chair Russell: -- City Attorney, is the City satisfied with the indemnity agreement between us and them? Mr. Min: Yes, sir. As I've stated in briefings, obviously, the goal -- what would be best for the City is a full indemnification by ESJ of the City. They've raised concerns City of Miami Page 105 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 and we're going to attempt to cooperate and negotiate. I believe Mr. Crowley's suggestion is reasonable. Of course, it's up to the Commission whether or not the body wants to accept that. Vice Chair Russell: I am familiar with the differences of where there was a difference of opinion, but I believe -- I understand there's been a meeting of the minds and I am uncomfortable with the changes that you most recently mentioned to me in terms of indemnity. Mr. Crowley: Thank you. Vice Chair Russell: So, has that been -- have you memorialized that in any sort of substitution document or amendment? Mr. Min: Not yet. The development agreement that Mr. Crowley sent on Tuesday needs to be added into the record as a substitution. I don't know if you have a copy, Mr. Crowley, that we can give to the Clerk. And then the additional language that he read into the record (UNINTELLIGIBLE) indemnification that was caught in the record, so that would be sufficient. Vice Chair Russell: Thank you. Can that be entered? Mr. Crowley: Yes, sir. Vice Chair Russell: All right. Is there -- are there any other amendments that need to be made to any of these items? PZs 8, 9, 10, 15, and 16. Commissioner Watson: Mr. Chair? Vice Chair Russell: Yes. You're recognized, Commissioner Watson. Commissioner Watson: On PZ.10, I just want to make sure that it's read into the record that the local job preference agreement is included with the advertisement of a couple of job fairs that will go along with that. And that should be the only amendment that we have for PZ.10. Vice Chair Russell: Is that necessary in an amendment, or is that already established in the agreement? Commissioner Watson: I don't -- I don't know if it's already established. Commissioner Reyes: If it is an amendment, I will second it. Mr. Min: I would -- Mr. Chair. Mr. Crowley: We brought that up at the last -- Mr. Min: I'm sorry. Mr. Mimoun: Yeah, we brought that up at the last hearing and it was put in the agenda. Commissioner Reyes: Yes. Vice Chair Russell: Thank you, Mr. -- Commissioner Reyes: Local labor. City of Miami Page 106 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Mr. Crowley: Exactly. Mr. Min: Mr. Chairman -- Vice Chair Russell: Yes. Mr. Min: -- just so the record is clear, Section 14 of the development agreement currently states ESG [sic] will prioritize hiring for all zip codes in the City and will work through the City Commission offices and Career Source to help identify qualified applicants for positions during construction -- Commissioner Watson: Okay. Mr. Min: -- with the goal of hiring 25 percent of the workforce from the City zip codes. Qualified City residents will receive first priority for hiring both during and after construction of the Jungle Island hotel. Vice Chair Russell: Is that satisfactory, Commissioner Watson? Commissioner Watson: Yes. Yes, sir. Mr. Crowley: And 1 want to -- I just want to make sure we're doing two job fairs, not one job fair. So, well state that on the record and commit to that. Vice Chair Russell: Thank you. Mr. Crowley: Thank you. Vice Chair Russell: Is there any further discussion on the items? Commissioner Reyes: No. Vice Chair Russell: Do we need to read them into the record? Which items need to be read into the record, Mr. Clerk? Todd B. Hannon (City Clerk): All of them. Vice Chair Russell: Every single one of them, 8, 9, 10 -- well, Barnaby's much faster than Victoria, so this shouldn't take long at all. Mr. Min: Thank you, Mr. Chair. Vice Chair Russell: He's practically an auctioneer. Mr. Min: PZ.8. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Min: PZ.9. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Min: PZ.10. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Min: PZ.10 will be the one that's amended. Do you want the companion City of Miami Page 107 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 (UNINTELLIGIBLE) Beach items to he read, sir? Vice Chair Russell: Yes, please. Mr. Min: All right, PZ.15. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Min: PZ.16. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Min: Thank you, Mr. Chairman. Vice Chair Russell: Thank you very much. There's been a motion, and there's been a second. Mr. Hannon: And just so the record's clear, the mover accepted all the amendments, correct? That's Commissioner Reyes. Vice Chair Russell: Yes, as did the seconder. All in favor of the items, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Congratulations, ESJ and Jungle Island. Mr. Crowley: Thank you all. Appreciate it. Vice Chair Russell: Thank you very much. Mr. Hannon: Chair, for the record, I have that as 4-0. I don't see Commissioner Watson nor can I hear him, so it's going to be 4-0 with him absent. Vice Chair Russell: Just let's see if he's able to -- he looked like he was having a rough time there for a moment. Commissioner Watson, are you there? I'd like to memorialize his vote if he's able to get in touch with you here and let let you know what -- no? He's got to be on? He was on. [Later...] Vice Chair Russell: And if Commissioner Watson does come back in, we will not count his vote. Todd is not -- he's giving me that look again. All right. It is a 4-0 vote. Commissioner Watson, if you can hear us, thank you for toughing the day out. I know you're having a rough one. Please take care. So, the item pass -- oh, there he is. can we memorialize you as a yes or no vote on this item? Commissioner Watson: Yes. Vice Chair Russell: It is a unanimous vote. Thank you very much. Please take care, Commissioner. Commissioner Reyes: Yeah, you take care of yourself, okay? Vice Chair Russell: And thank you for joining us today. Commissioner Reyes: I'll be in touch, man. Okay. Commissioner Watson: Okay. City of Miami Page 108 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Commissioner Reyes: Take care of yourself, man. Vice Chair Russell: All right. Commissioner Watson: Thank you. Vice Chair Russell: And as soon as -- Commissioner Reyes: Hey, listen, go see the doctor, okay? PZ.9 ORDINANCE Second Reading 8363 Department of Planning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, PURSUANT TO ARTICLES 3 AND 7 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), THE REZONING OF CERTAIN PARCELS FOR THE DEVELOPMENT OF APPROXIMATELY 18.61 ACRES (810,795 SQUARE FEET) FOR THE "JUNGLE ISLAND SPECIAL AREA PLAN" ("SAP") LOCATED AT APPROXIMATELY 1111 PARROT JUNGLE TRAIL AND 1111 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("PROPERTY"); THE SAP CONSISTS OF A TRANSECT ZONE CHANGE FROM "CS", CIVIC SPACE TRANSECT ZONE, TO "T6-12-0", URBAN CORE — OPEN TRANSECT ZONE, FOR THE SOUTHEASTERLY 234,310 SQUARE FEET OF THE PROPERTY; THE SAP WILL MODIFY THE TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PROPERTY AND WHERE A REGULATION IS NOT SPECIFICALLY MODIFIED BY THE SAP, THE REGULATIONS AND RESTRICTIONS OF THE MIAMI 21 CODE WILL APPLY; APPROVING A NEW HOTEL WITH UP TO THREE HUNDRED (300) ROOMS; THE SAP SHALL CONTAIN A MINIMUM OF 40,540 SQUARE FEET OF AN APPROVED CIVIC SPACE TYPE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13973 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.9, please see "Public Comments for all Item(s)" and Item Number PZ.8. City of Miami Page 109 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 PZ.10 ORDINANCE Second Reading 8364 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENTS, APPROVING A DEVELOPMENT AGREEMENT Planning PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN ESJ JI LEASEHOLD, LLC AND THE CITY OF MIAMI TO GOVERN THE JUNGLE ISLAND SPECIAL AREA PLAN ("SAP") COMPRISED OF APPROXIMATELY 18.61 ACRES (810,795 SQUARE FEET) OF PROPERTY LOCATED AT APPROXIMATELY 1111 PARROT JUNGLE TRAIL AND 1111 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LANDS FOR A HOTEL AND ATTRACTIONS; AUTHORIZING THE FOLLOWING USES INCLUDING, BUT NOT LIMITED TO COMMERCIAL, LODGING, CIVIC, EDUCATIONAL AND CIVIL SUPPORT, AND ANY OTHER USES AUTHORIZED BY THE SAP; SPECIFICALLY PROVIDING FOR THE SAP TO CONSIST OF APPROXIMATELY THREE HUNDRED (300) LODGING UNITS, FIVE HUNDRED (500) PARKING SPACES, AND NEW ATTRACTIONS; THE SAP DEVELOPMENT SHALL NOT EXCEED THREE HUNDRED (300) LODGING UNITS AND SHALL CONTAIN A MINIMUM OF 40,540 SQUARE FEET OF CIVIC SPACE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM AS EXHIBIT "B", ATTACHED AND INCORPORATED, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13974 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.IO, please see "Public Comments for all Item(s)" and Item Number PZ.8. City of Miami Page 110 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 PZ.11 ORDINANCE Second Reading 5133 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE Department of Planning MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 0.12 ± ACRES OF REAL PROPERTY FROM "SINGLE FAMILY RESIDENTIAL" TO "PUBLIC PARKS AND RECREATION" OF THE PROPERTY LOCATED AT APPROXIMATELY 2201 SOUTHWEST 26 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13975 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Vice Chair Russell: Before we get into the discussion items, let's make a pocket park shall we? Commissioner Reyes, PZ.11 and PZ.12, would you like to move that? Commissioner Reyes: Yes, sir. Vice Chair Russell: Moved by Commissioner Reyes, seconded by the Chair. Is there any further discussion on PZs 11 and 12? That's the land use and rezoning of Southwest 26th Street for a pocket park. Okay. Do we need to read the ordinance? Madam City Attorney. Ms. Mendez: Yes, Chairman. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.12. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Thank you. That is FR.1 and FR.2. I'm sorry -- Ms. Mendez: PZ. Vice Chair Russell: -- PZ. Sony, I was on the -- Commissioner Reyes: 11 and 12. Vice Chair Russell: Not enough coffee yet. Thank you. PZs 11 and 12. We have a motion. We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Thank you. City of Miami Page 111 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 PZ.12 ORDINANCE Second Reading 5134 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R," SUB -URBAN - RESTRICTED, TO "CS," CIVIC SPACE, OF THE PROPERTY LOCATED AT APPROXIMATELY 2201 SOUTHWEST 26 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. PZ.13 6981 ENACTMENT NUMBER: 13976 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.12, please see Item Number PZ.11. RESOLUTION MAY BE DEFERRED Department of A RESOLUTION OF THE MIAMI CITY COMMISSION Planning GRANTING/DENYING THE APPEAL FILED BY THE CONVENT OF THE SACRED HEART OF MIAMI, INC. AND REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL PURSUANT TO CHAPTER 17, ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROVAL FOR DEVELOPMENTAL IMPACT TO SIGNIFICANT ENVIRONMENTAL FEATURES ON A PROPERTY LOCATED AT APPROXIMATELY 2167 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, WITHIN THE ENVIRONMENTAL PRESERVATION DISTRICT— 60 AND THE SOUTH BAYSHORE DRIVE SCENIC TRANSPORTATION CORRIDOR. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.13, please see "Order of the Day." City of Miami Page 112 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 PZ.14 RESOLUTION 6982 MAY BE DEFERRED Department of A RESOLUTION OF THE MIAMI CITY COMMISSION Planning GRANTING/DENYING THE APPEAL FILED BY THE CONVENT OF THE SACRED HEART OF MIAMI, INC. ("APPELLANT") AND REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL, PURSUANT TO SECTION 23-6.2(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPELLANT'S APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE DEMOLITION, RESTORATION, ALTERATION, AND NEW CONSTRUCTION OF A PROPERTY LOCATED AT APPROXIMATELY 2167 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, A LOCALLY DESIGNATED HISTORIC SITE KNOWN AS VILLA WOODBINE WITH FOLIO NUMBER 01-4115-010- 0111. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.14, please see "Order of the Day." PZ.15 ORDINANCE Second Reading 8365 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM UNDESIGNATED TO "PUBLIC PARKS AND RECREATION" OF APPROXIMATELY 9 ACRES DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 3301 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13977 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.15, please see "Public Comments for allltem(s)" and Item Number PZ.8. City of Miami Page 113 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 PZ.16 ORDINANCE Second Reading 8366 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM UNDESIGNATED TO "CS", CIVIC SPACE, OF APPROXIMATELY NINE (9) ACRES OF REAL PROPERTY GENERALLY LOCATED AT 3301 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 13978 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Note for the Record: For minutes referencing Item Number PZ.16, please see "Public Comments for allltem(s)" and Item Number PZ.8. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 114 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 NA.1 8684 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING PRESIDENT JOE BIDEN AND THE LEADERS OF THE 117TH CONGRESS OF THE UNITED STATES INCLUDING THE MAJORITY AND MINORITY LEADER OF THE UNITED STATES SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, AND GOVERNOR RON DESANTIS AND THE FLORIDA LEGISLATURE TO ENCOURAGE ALL FEDERAL AGENCIES TO DO EVERYTHING IN THEIR POWER TO BRING TO JUSTICE ALL OF THOSE RESPONSIBLE FOR THE SHOOTING DOWN OF THE BROTHERS TO THE RESCUE AIRCRAFT ON FEBRUARY 24, 1996; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-21-0077 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number NA.1, please see "Order of the Day." Vice Chair Russell: Commissioners, would you like to just finish off the pocket item? Commissioner Carollo: Yes. And the resolution on the Brothers to the Rescue planes that were shot down. Vice Chair Russell: PI.1. Commissioner Carollo: Yeah, if you could read it, Madam City Attorney. Ms. Mendez: Yes, Commissioner. The Resolution was read by title into the public record by the City Attorney. Vice Chair Russell: Thank you. Is that a motion, Commissioner Carollo? Commissioner Carollo: That's a motion. Vice Chair Russell: Moved by Commissioner Carollo, seconded by Commissioner Reyes. Commissioner Reyes: That's right. Vice Chair Russell: Is there any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 115 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 NA.2 8685 City Commission Vice Chair Russell: Any opposed? Motion passes on P1.1. 1 will skip PI.2 as that's a District 1 item. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MIAMI-DADE COUNTY MAYOR DANIELLA LEVINE CAVA ("MAYOR LEVINE CAVA") TO REQUIRE THAT THE MIAMI-DADE POLICE DEPARTMENT NOT EXECUTE EVICTION/FORECLOSURE ORDERS, INCLUDING BUT NOT LIMITED TO WRITS OF POSSESSION, DURING THIS HISTORIC PANDEMIC UNTIL QUESTIONS OF FRAUDULENT FORECLOSURES HAVE BEEN INVESTIGATED, ADJUDICATED WITH ALL DUE PROCESS REQUIRED BY THE U.S. CONSTITUTION AND THE FLORIDA CONSTITUTION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO MAYOR LEVINE CAVA. ENACTMENT NUMBER: R-21-0079 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item Number NA.2, please see "Order of the Day." Vice Chair Russell: Commissioner Diaz de la Portilla, would you like to take up your pocket item regarding urging the foreclosure situation? Commissioner Diaz de la Portilla: Yes, sir. Thank you. This is a resolution of the Miami City Commission urging Miami -Dade County Mayor Daniella Levine Cava and the Miami -Dade County Commissioner -- Commission to require that the Miami - Dade Police Department not execute eviction or foreclosure orders, including, but not limited to writs of possession during the historic pandemic until questions of fraudulent foreclosures have been investigated, adjudicated with all due process required by the US Constitution and the Florida Constitution; and directing the City Clerk to transmit a copy of this resolution to Mayor Levine Cava. And what it does is basically that it allows for due process and Fah Amendment rights to take place during the entire course of the process. Though there are appeals and we won't -- and people can appeal -- whenever they exhaust every legal remedy available to them, then the Miami -Dade Police Department -- which is the only ones that execute these writs of possession and these evictions -- can come in and do what needs to be done according to law. But to prematurely, especially when you're dealing with banks that are involved in fraud -- that's been proven -- that's a national mortgage settlement that Chase and Bank of America and three other banks had to do it because they committed fraud of $25 billion for the settlement -- the national settlement. But two of these banks, Chase and Bank of America alone are worth $6 trillion, so $25 billion for them was, you know, nothing, peanuts, right? So, they have many lawyers. They're very powerful, and they don't allow people that can't defend themselves to have the -- they don't have the resources to defend themselves. So, we want people to be able to have these resources available to them, at least the legal process available to them through the course of the legal process. They don't have the resources to defend themselves against big banks, but at least let the court's judicial system defend them until they've exhausted all of its possibilities, and that's what this does. The only City of Miami Page 116 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 one that has the power to do that is -- not us because we don't execute these -- the City -- the Miami -Dade County Police Department and the Mayor who oversees -- the strong mayor that oversees the Miami -Dade County Police Department. Vice Chair Russell: Is this only COVID-related during the pandemic state of emergency, or is this something broader, reaching beyond? Commissioner Diaz de la Portilla: Well, the idea is, is how you define that, right? It could be caused by COVID and then the issue continues because they fall back on their payments and the foreclosure process begins. So, right now, if they can pay, -- it's been 6, 7, 8, 10 months without being able to pay, whether it's a predatory loan or through fraud that a bank committed, well, the court system will determine. But if it starts during COVID and it continues post COVID -- if we ever get to a post COVID world. We may never get to a post -- maybe the vaccination after a number of years -- then that hardship continues. I think that there are judicial procedures that we can take into place to avoid fraud and people who abuse the system. As we understand, that's also a reality. So -- but we are seeing a lot of people that are impacted by COVID, people that have lost their jobs. We have a service industry economy here in Miami -Dade. And we don't want to see people evicted, in particular, people that are vulnerable, elderly, and don't have economic resources to defend themselves against powerful banks. And that's sort of what this does. Vice Chair Russell: Understood. Commissioner Diaz de la Portilla: That's exactly what it does actually, not sort of. Vice Chair Russell: So, I found that the timeframe scope. It says during this historic pandemic until questions of fraudulent foreclosures have been investigated. So, it's actually taking on a broader issue, right? It's not just about pandemic -related foreclosures. It's about fraudulent foreclosures as well. Commissioner Diaz de la Portilla: Of course, it's a combination of both, right. So, during this historic pandemic until questions of fraudulent foreclosures have been investigated, adjudicated -- I see they misspelled adjudicated -- with all due process -- with all due process is the key here -- required by the US Constitution and so on. So, it's through the entire process related to the pandemic. Of course, everything we're doing right now with -- whether it's gift cards or rental relief,' people are attesting that it's to -- it's because of the pandemic, but we're taking their word for it, right. It may be that they simply lost their job because they were fired. Vice Chair Russell: Right. Commissioner Diaz de la Portilla: Or they just didn't show up, or they did something wrong. And so, we have to -- like anything that you swear under the perjury -- under threat of perjury -- right? -- you are attesting to things that this is in fact what's happened, that that's what's happened to you. So, to a certain extent, we take their word at it, but it's an under oath word for it. Vice Chair Russell: Right. How would the County identify what questions are fraudulent, which foreclosures are potentially fraudulent or not? Is it ones that would be under investigation specifically, or would this be just a moratorium on foreclosures and possessions for an unforeseen time until this issue with the banks is resolved? Commissioner Diaz de la Portilla: If there's a legal process in place -- Vice Chair Russell: Yes. City of Miami Page 117 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Commissioner Diaz de la Portilla: -- if someone has -- is claiming fraud from a bank and there's a legal case pending or being -- you know, going through a legal process, that's how you determine it. The people would have to take the necessary steps to prove -- but you know, they -- one court may agree, an appeals court may disagree. So, instead of them being premature and saying, well, no, everybody is equal. Well, no, some people have -- that's how they will determine it, whether there's a legal process in place. Vice Chair Russell: Okay. So, it wouldn't be a moratorium on all foreclosures, it would simply be targeting those -- well, during the pandemic, yes. We do believe, regardless of what the State says -- Commissioner Diaz de la Portilla: Well, there's a moratorium on all evictions now -- Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: -- in place. Vice Chair Russell: But we don't know when that's finishing. Commissioner Diaz de la Portilla: We don't know. And that unpredictability creates problems, right? Vice Chair Russell: Yes. Commissioner Diaz de la Portilla: Because once -- it's going to end at some point, right? And once that happens, the banks are going to go hog wild and start evicting and foreclosing on everybody who owes many, many months of mortgage payments. Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: So, we went to try to prevent that. We want to give -- sort of give them a safe place to land along the way, and that safe place to land -- or a safer place to land is through the judicial process. So, there's a process -- there's a legal process in place, right? It's not that we're going to say everybody, you know -- and we -- everybody can do what they want. It's a question of -- whether they're undergoing a legal process and they can have a legal -- a proper basis to do -- to undergo the legal process, but they have to be in the court system. Vice Chair Russell: Got it. Commissioner Diaz de la Portilla: They can't be just "I'm not going to pay my mortgage," and we can't foreclose on them. Vice Chair Russell: Got it. So, those could still be foreclosed upon. Commissioner Diaz de la Portilla: Yes, sir. Vice Chair Russell: Thank you. Commissioner Diaz de la Portilla: Well, that's my intent. Now, this was written quickly. Vice Chair Russell: I've got so many questions because this the first -- really getting deep on it, so I just want to understand. Commissioner Diaz de la Portilla: No, no, no. And of course, the City Attorney can write it the way, for what the intent is -- City of Miami Page 118 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: -- what my intent is, and this is the way we clarify it. Vice Chair Russell: Got it. Commissioner Diaz de la Portilla: But it's during the foreclosure -- during -- related to the pandemic, an inability to pay. Vice Chair Russell: That have been challenged for fraud. Commissioner Diaz de la Portilla: That are challenged for fraud. Vice Chair Russell: Okay. Commissioner Reyes: Yes. Mr. Chair? Vice Chair Russell: Yes, you're recognized, Commissioner Reyes. Commissioner Reyes: I know that we have a problem. I had two ladies -- old ladies in my district that, through our City Attorney, we referred them to Legal Services, and they were able to help them. But we have to be very careful here. And we have to distinguish between those that they're really affected and they are economically -- I mean, they're not -- to the pandemic or the lack of income that they cannot pay or they -- and those that are -- don't want to pay. Commissioner Diaz de la Portilla: Correct. Commissioner Reyes: You see? And that's why we have to go through a legal process. And now we have a moratorium, but that moratorium was extended by President Biden until March. Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: Now, I know that I am very concerned about this, about what's going to happen and the moratorium. But we have to be very specific that we don't open the door to those people that don't want to pay and they be hurting also -- I mean, it will be a disaster because you are an apartment owner and you cannot pay the bank, and the bank will come after you. So, we have to be very specific who is going to be protected and who's not going to be protected. That's my only comment. Commissioner Diaz de la Portilla: And my concern -- Commissioner Reyes: That is happening now, and I agree with you, you see. I have those -- an example of those two ladies that they're senior citizens, that were helped through our Legal Department, and they were referred to Legal Aid. And they're still protected now, and they won't be evicted, and we're trying to solve -- trying to get them up-to-date on the payments. Commissioner Diaz de la Portilla: And I agree with your concerns. Fraud is always a concern. Whenever we do any of these programs, fraud is always a concern because the world has fraudsters -- right? -- so that's always a concern. But the world also has a lot of innocent victims that don't have the economic resources to fight powerful institutions or powerful people. And the only power that these powerless people have is government to come in and help them along the way, and that's sort of the way my philosophy has always been, which is, you know, the only City of Miami Page 119 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 force against powerful institutions and powerful special interests are -- is government. And this is what we need to do from my opinion, but I agree with you. The other concern that 1 have -- very quickly -- is that these moratoriums issued by the State are really being done sort of month -to -month, or for two more months. And it concerns me that one day they will wake up and say, "We're over, we're done. We lift it. " There will be an onslaught of foreclosures and we can 't do anything about it. It's too late for us to catch up. You know? So this way we kinda figure out a way to prevent that from happening. I don't, to be honest with you, feel not with any particular politician -- I don't feel like government -- that the state government is giving us a real -- a lot of leeway in us making decisions. They're not saying we're going to do this for six more months or one more year. (UNINTELLIGIBLE) now until March, and then they'll be until June, and 1 just want us to be prepared -- not us. 1 want the county government to be prepared. And 1 want the Mayor of Miami -Dade County to know that this is a concern that the City of Miami has. By the way, a lot of these foreclosures are taking place in the City of Miami. A lot of these people are elderly people. Ms. Rodriguez today was an example of many other elderly people that are suffering through the same thing. She was the face of a much broader problem, a nationwide problem, but we can only deal with our city. And I think this public call to arms from our Miami -Dade County Mayor is an important -- not only symbolic, but a powerful voice that we give these helpless people a powerful voice through this Commission. Vice Chair Russell: Thank you. Madam City Attorney, have you approved this as to form and correctness yet? Ms. Mendez: Yes, sir. Vice Chair Russell: Okay. My version doesn't have the signature (UNINTELLIGIBLE). My question for you is this, once the federal government and/or the State lift the moratorium on evictions, does the County have unilateral power not to enforce? Ms. Mendez: Right. So, as drafted, remember that it's a resolution urging Miami - Dade County to do so. So, at the end of the day, Miami -Dade County can -- Vice Chair Russell: No, no, that's not nay question. Does the County have the unilateral power to not enforce foreclosures once the State and federal government have lifted the moratorium? Ms. Mende: Oh, as in the sheriff sending out the sheriff? I mean, usually it's a process. They have a huge backlog. So, I think when the moratorium is lifted, they're going to start processing. Vice Chair Russell .• You're not answering my question. I'm sorry. Ms. Mendez: No, I am. They're going to start processing. Vice Chair Russell: Right. Ms. Mendez: I do not necessarily -- Vice Chair Russell: But do they have the ability to not do it by choice? Ms. Mendez: Right. I don't think they can unilaterally not follow the law. You're supposed to -- once you get writs of possession, you're supposed to start. Vice Chair Russell: Okay. So, that's my -- beyond the symbolic urging, do they even have the ability to do what we're asking them to do from a legal perspective is my City of Miami Page 120 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 question. Like, if the County mayor can direct their department not to go out and enforce this, then absolutely, our urging could have an effect. But if we're asking them to do something that their hands are tied on anyway, is it --? Are we asking them to do something they don't have the legal ability to do? Ms. Mendez: As of right now, they're looking to start certain sheriff -- Vice Chair Russell: I know that. Ms. Mendez: -- procedures. So, obviously, for now until the 31st, which is a month from now, you absolutely have the authority to urge them to do this. Vice Chair Russell: Yes. Ms. Mendez: Afterwards, I -- we may be hard pressed for them to unilaterally stop doing anything if the federal government -- Vice Chair Russell: Lifts the moratorium. Ms. Mendez: -- tells them to start. Vice Chair Russell: So, once the moratorium is lifted, they must carry out the law -- Commissioner Reyes: Yeah. Vice Chair Russell: -- on foreclosures -- Ms. Mendez: Yes. Unless -- Vice Chair Russell: -- and possessions. Ms. Mendez: -- there is some fraud or unless there's something that's not happening, like if the judicial process is not complete, at the end of the day, it doesn't happen. Vice Chair Russell: Got it. Ms. Mendez: So, what's being requested right now is for these certain foreclosures that are probably under investigation and what have you and/or are under rehearing, there's appeals, all those types of things, they shouldn't be carrying out -- Vice Chair Russell: Got it. Ms. Mendez: -- with anyway. Vice Chair Russell: So, in a sense, it's less about the pandemic and more about the fraudulent foreclosure process that does exist and our urging of the mayor to really look closely and not send out the sheriff if something is still under investigation and potential fraud is in place. Is that correct, Commissioner? I don't want to put words in your mouth. Commissioner Diaz de la Portilla: That's correct. Vice Chair Russell: Okay. Commissioner Diaz de la Portilla: But what happens, for example -- that's correct. What's happened today, .for example, if you read the Miami Herald article, is that the mayor of Miami -Dade County, Daniella Levine Cava, issued a quote where she says City of Miami Page 121 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 that she agrees with this idea. And 1 think that has a lot to do -- as all politicians react to this -- to public pressure, right? -- that's a lot to do with some of the pressure that so many people have been putting and shining light on what's happening to Ana Rodriguez, right? So, I think that's important. I think government does many things as you do many times because you are constantly doing resolutions urging the federal government to do this or do that. You're very good at that, so that's why we're doing the same thing. We're, as a body, putting the weight of this body behind this idea, this concept, and putting political pressure on other bodies to say this is happening, a lot of it in our city, and we're doing things that are important. You know, we do things that urge Biden to -- President Biden to do certain things, DeSantis to do other things. 1 think that since I've been here, you've probably done about 12 of those. Vice Chair Russell: Well... Commissioner Diaz de la Portilla: So, this is the same thing. Vice Chair Russell: Yeah. Commissioner Diaz de la Portilla: But -- except this is a more immediate problem. This is a more dramatic problem. And to what we did today, and we've been doing for the last two weeks with this issue, we put a face to the crisis. And when people see that human aspect of it, the human side of it, people feel more pain. They feel somebody else's pain. And I think that we need to, as a body, send that message, a very clear message that we're not going to allow banks to abuse -- that people may -- for example, what happened with the -- why the banks settle the national mortgage settlement agreement, why they signed that was because they were processing these foreclosures before they had -- the documents had been endorsed. And before they did that, they actually robo-signed. So, they had one person, the name was Mary Kiss, the real person, but that Mary Kiss signed 250,000 assignments from one mortgage company that's Countrywide to Bank of America. And then later on when they were caught, they said, well, we're going to get it endorsed. And what they did was they actually rubberstamped it -- Bank of America did -- although Countrywide is the only one that can endorse, and there's an endorser and an endorsee, right? So, the endorsee stamped it like it did with the endorser. And all that happened, they got caught. They decided to settle because they were going to lose a lot more. And they said, okay, we'll give you $25 million dollars. That practice of prosecuting -- or not prosecuting -- of filing for foreclosure against innocents that are not -- that are powerless to defend themselves was an across-the-board thing that they were doing. Some people even say it's racketeering because it's a criminal -- an ongoing criminal enterprise, right? So, that's all this does. Whether Mayor Levine Cava comes out tomorrow and says, no, I want people foreclosed, homes foreclosed, or the writ of possession granted, she can do that. I don't think she's going to do that. And I don't think any elected official in their right mind would do that because this is a clear signal and a clear message that this is not acceptable to us. This is government protecting the powerless versus the powerful. And that's probably, the primary role of government, to protect the powerless, the people that don't have a voice. We're their voice. Vice Chair Russell: 1'll take that as a motion. Commissioner Diaz de la Portilla: Yes, sir. Vice Chair Russell: All right. Seconded by Commissioner Reyes? Commissioner Reyes: Yes. And but I want to make clear what -- I think what we're doing basically, what we're saying and don't take any action when still there is some investigation going on or some legal activities pending. City of Miami Page 122 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Commissioner Diaz de la Portilla: Yes, sir. Commissioner Reyes: Don't take any actions. Just wait until everything is settled. Commissioner Diaz de la Portilla: Yes, sir. Commissioner Reyes: That's the wav I understand this. Commissioner Diaz de la Portilla: Yes. Vice Chair Russell: Commissioner Carollo, did you want to --? Commissioner Diaz de la Portilla: That's my intent. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: That's my intent. Vice Chair Russell: Did you have a comment, Commissioner Carollo? Commissioner Carollo: Do you have any idea how many properties we might be talking about in the City of Miami? Commissioner Diaz de la Portilla: No, sir. Commissioner Carollo: Okay. Do you have any idea how many of those properties might fall under the areas that you touched upon that they were predator loans? Commissioner Diaz de la Portilla: No. But we can easily find out that information, subprime predator loans. But it's not only predator loans. It's also fraudulent activity by the bank. Because the subprime loans were a common practice in 2006, and 7, and 8. And a lot of people fell into problems because they were told this is what you're going to pay, and then all of a sudden, the variable rate changes, and they could no longer afford it. This is not what this is about. This is about fraudulent actions by large banks that led to people's homes being sold, or writ of possessions being issued, or foreclosures started without due process, without the proper documents being presented initially and then a coverup perhaps -- Commissioner Carollo: So, this is different then than -- Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: Yes, sir. Commissioner Carollo: -- anything having to do with COVID. Commissioner Diaz de la Portilla: No, sir. Well, it does. It may have happened during this period of COVID. Commissioner Carollo: Well, yeah, but it's -- Commissioner Diaz de la Portilla: But without -- Commissioner Carollo: -- not COVID related like -- Commissioner Diaz de la Portilla: Well -- City of Miami Page 123 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Commissioner Carollo: -- you missed paying a payment because you lost your job. Commissioner Diaz de la Portilla: No. It could be COVID related, the same thing as anything else we do for, for example, our gift card program, our rental assistance program, and additional programs. People attest that it's COVID related. They sign -- as you know, because you talk about this a lot. You know, under threat of perjury of law -- right? -- or under perjury, people sign a note. They attest, they affirm that they are suffering economic crisis. They cannot perhaps pay for a lawyer to defend themselves. They cannot pay the payment. Commissioner Carollo: You think -- (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Diaz de la Portilla: So, what we do with most of these programs, including our rental assistance program, which we're going to discuss later, is if you look at the Department of Treasury guidelines, it's just -- it's not a tax return. It's an affirmation -- they're attesting that they're suffering economic hardship due to COVID-19. And suffering economic hardship could be an inability to pay a lawyer to defend themselves. It could be a number of things, not only the mortgage payment itself It's a combination of things. It's whether a bank engages in fraud, and COVID- 19 has now caused them the inability -- now they're unable to defend themselves. They're unable to make the payments, and actually, they fell into arrears as a result. Commissioner Carollo: So, if I understood all that that you said is -- in the beginning, what you said, you take seriously people having to sign the fact that they're signing under penalty of perjury in a sworn affidavit. Commissioner Diaz de la Portilla: Absolutely. Very much. Commissioner Carollo: And that makes a difference you think. Commissioner Diaz de la Portilla: To me it does. Absolutely. Commissioner Carollo: Okay. Commissioner Diaz de la Portilla: They do it all the time, and people, you know, they have to sign, and you assume that that's -- you conclude that has a value to it, otherwise, why would you do it, right? Yes, I take that very seriously. I think perjury is a very serious matter. Commissioner Reyes: This is not binding anything anyway. Commissioner Carollo: No, no. This is just urging, but what I think we have here are two different things. You're talking about something that in most cases started way before COVID. And then maybe in other cases, it affected them even more when they lost the job in COVID. But the bottom line is the biggest reason that 1 see in this urging is not COVID, is just that banks gave fraudulent loans, predatory loans, whatever you want to call it, whatever way you want to describe it. This is where you're touching upon, correct? Commissioner Diaz de la Portilla: That's correct. And for example -- I'll give you an example to answer it a different way. Ms. Rodriguez that was here today would not be able to be defending herself right now, as an example, if Mr. Jacobs was not providing his services pro bono. City of Miami Page 124 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Commissioner Carollo: That's clear. That's very clear. Commissioner Diaz de la Portilla: So, because now the -- maybe she has to give up -- people give up their savings along the way during COVID, so that's why it's related to COVID, so there are other expenses that when these banks come after you that are incurred. So, it has to have fraud, but it also has to be -- have some relation to not being able to pay because of COVID-19. Commissioner Carollo: Yeah, but -- Commissioner Diaz de la Portilla: And that's an affirmation that people make. Commissioner Carollo: Yeah, even though 1 think that in her case here neither one thing has to do with the other, but this started way before the COVID came, and she was not able to pay before COVID, and that's the point that I'm making, that the resolution that you're asking to urge the County mayor to take the steps that are being asked for here really are, you know, separate from COVID. COVID has just made the situation worse for everybody and everything. But this would have been a problem to the people it's been a problem to whether we had COVID or not. Commissioner Reyes: Yeah. Mr. Chair? Vice Chair Russell: You're recognized. Commissioner Reyes: And 1 want to add to what Commissioner Carollo's saying. I don't know if you had watched an advertising that they are even selling insurance against this fraudulent -- because there is an epidemic going on that some people are changing and manipulating the deeds. And when you ,find out, they are trying to evict you, and I think that's a big problem that we should address. Vice Chair Russell: Got it. There is a motion. There is a second. I'd like to open for public comment on this and any of the other pocket items that the public had not had a chance to read this morning. Is there anyone on the line, or is there anyone here who would like to speak on any of these items? Seeing no one, I'll close public comment. Is there any further discussion on PI2? Seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Commissioner Watson: Aye. Vice Chair Russell: Motion passes. Thank you very much. Commissioner Diaz de la Portilla: Thank you. Thank you, Commissioners. Vice Chair Russell: Thank you. City of Miami Page 125 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 NA.3 8686 City Commission DISCUSSION ITEM SPECIAL APPEARANCE BY VARIOUS INDIVIDUALS WITHIN THE TOWING INDUSTRY REGARDING TOWING ISSUES IN THE CITY OF MIAMI. rRESULT: DISCUSSED Note for the Record: For additional minutes referencing Item Number NA.3, please see "Order of the Day." Vice Chair Russell: Mr. Manager, is the towing group still here to be heard? Art Noriega (City Manager): They are. Vice Chair Russell: I'll take up PI3 please, a discussion item from the towing industry. How much time do you need? Oh, sorry, hold on. How much time do you need to speak? Adriana Moyano: I'm sorry. Vice Chair Russell: How much time do you need to speak? Ms. Moyano: I don't hear you, I'm sorry. Mr. Noriega: How much time? Vice Chair Russell: Two minutes? Is that good? Ms. Moyano: Yes, yes, yes, okay. Commissioner Reyes: Excuse me. Vice Chair Russell: Thank you. Ms. Moyano: My name is Adriana. Commissioner Reyes: Mr. Chair. Ms. Moyano: I represent -- Commissioner Reyes: Because I wanted to co-sponsor that -- for the record, I'm co- sponsoring that -- Vice Chair Russell: (COMMENTS MADE IN SPANISH). Commissioner Reyes: (COMMENTS MADE IN SPANISH). And I don't know if you caught it when I said it. Okay. Vice Chair Russell: It is noted. Thank you. Sorry, please continue. Todd B. Hannon (City Clerk): Yes. That was caught earlier this morning. Ms. Moyano: Thank you. Well, first of all, we want to thank you for give the opportunity to present the situation that we facing in the City and the City facing in the towing industry. As all you know, you have five contracts -- towing contracts in the City. That is Downtown Towing, American Towing, King's Wrecker, New Way, City of Miami Page 126 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 and Roadway that is (UNINTELLIGIBLE). We all, the five companies, needs to pay a franchise fee once a year. We gave to the City $183,850 a year. We have to pay in advance. Within the five towing companies, everyone do like a 40,000, which I agree, and we all agree to pay and to contribute to the City with the franchise fee. It's more than fair. But we are here because we facing a problem and we have a situation. The situation is that nowadays with the pandemic, it's less people in the street. The problematic is totally different like it used to be. And we have pirating, or what is the issue. When we receive the calls, it's already too late. Why? Because we have several cancellations because it is a business on the street that is promoting the industry of the insurance fraud. How is that happening? Because that industry, fraud industry having private cars. It used to be different. They appear unauthorized wrecker on the scene, and the police officer can see it. Now, it's very difficult to identify who is doing what. At the moment that an accident scene, a car crash, or anything is another private vehicle arriving with a female like me, very well dressed and everything and they presented the business, and they do the negotiation. We all know where the car's ending, in a body shops and charging more for the insurance. But what is represented to us is like we don't have that particular call because they all have scanners. They arrive even before the police be able to dispatch the call to us. That means that -- so when the towing company arrive to the scene, so we have the cancellation, or the 07s. What represent this for the towing industry? We have to pay in advance the franchise fee. If we don't get the cars, our income and our performance is very difficult to have the payment for you on time. Now, everyone is losing because every vehicle that we able to tow, at the end, we have to pay the admin fee for the City. But if we don't able to catch the car, so everybody is losing. Vice Chair Russell: Understood. Ms. Moyano: That's the problem. And that's why we are here. And we want to ask for the help and create an ordinance. It's other cities that have the ordinance, like for example, Hialeah. Hialeah is well done to be free of pirating. And what is ordinance? It is one line. It's only one line. Any police in this area code must be given to the contracted towing company. We have five and we can distribute it between the five within the zone. Vice Chair Russell: Just so I understand how this is leading to, you're saying that the current problem is that the pirate towing companies are waiting, and they're getting the contracts, but from whom? Are they getting lucky? Or are they getting sent these calls? Ms. Moyano: Okay. It's an accident on the on the street, correct? Vice Chair Russell: Yes. Ms. Moyano: It happened, and somebody crashed. What happened is they -- that industry, of the pirating -- have scanners, so they know when there is an accident in this corner, on the other one, or it's going to be an arrest or whatever it is going to be. They arrive in a private car, and they say, "Hey, don't worry. Don't go with the company that the police is going to give you because they're going to be more expensive and they not going to do nothing. Let me give you something. I'm going to give a rental car." Vice Chair Russell: Understood. So, the ordinance would be toward the police or toward the residents, that the person in the accident must use a franchised company, or is it telling the police to refer correctly? Ms. Moyano: Okay. If a person break down on the street, I'm agreed they're able to call whatever company they have. That's roadside service. But if the police initiate the call, it should be given to one of the companies that have the contract to the City. City of Miami Page 127 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Vice Chair Russell: Right. And clearly the police would do that and should do that. But if they're listening -- the pirate companies are listening on the scanner, and they get there first, how can --? It's not up to the police to stop them, right? Or is it? Ms. Moyano: Exactly. The police doesn't know if they already have the business -- Vice Chair Russell: Right. Ms. Moyano: -- set. So, that's why this ordinance is going to avoid that the insurance fraud continue, that we losing calls, that the City losing the admin fee because it's simple. It's an ordinance. Now, there's another topic. They have scanners. They're going to know even before us. And some of the officers, they don't even have computer with them, so every work have a paperwork. When the other companies arrive, the other unauthorized wreckers arrive, the police do not have to do any paperwork, so it's easy for them. But if it's an ordinance that is allowed that every call initiated by the police have to given to the companies that were contracted with the City, nobody can fail on this one, and nobody is going to lose money, at least not the City -- Vice Chair Russell: Understood. Ms. Moyano: -- not our companies. Vice Chair Russell: Thank you. I'd be happy to help with this ordinance if I understand it a little better, so we need to get into the legislation and the current policies and the current methods of enforcement and who are enforcing against. I really don't want to go after our residents because they don't know better. They don't know who is franchised and who is not. Mr. Manager, are you familiar with the situation and what the current methods of enforcement are and what this ordinance would propose? Mr. Noriega: No, we haven't -- Vice Chair Russell: You haven't seen it yet. Mr. Noriega: -- really worked through that yet, and we'd be working obviously with PD to make sure that -- Vice Chair Russell: Okay. Mr. Noriega: -- we have a plan that works from an enforcement perspective. Vice Chair Russell: Yes. So, I would love to get into this because I want to make sure that our franchisees are protected, that are residents get professional service, you know, that's from a group that is identified by the City and vetted and figure out how we could possibly regulate this. And I'm not quite sure yet, so I'll be happy to take your suggestions. The police, the management, and I'm sure the Commission would be happy to put together an ordinance to help protect your industry. Commissioner Reyes: Mr. Chair. Vice Chair Russell: Yes, sir. Commissioner Reyes: Mr. Chair -- Ms. Moyano: Thank you. City of Miami Page 128 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Commissioner Reyes: -- I think that this type of ordinance also requires that the police officers be informed who are the authorized towing companies. And so, they know when somebody gets to the -- because these people are what we call (COMMENT MADE IN SPANISH), no? Those are companies that they are not paying any fees to the City of Miami or anything, and they take advantage of our citizens by claiming that it's going to be cheaper, it's going to be less expensive, et cetera, et cetera. So, I will join the Chair in the supporting that legislation too. Vice Chair Russell: Thankyou very much. Is there anything else you'd like to discuss on the item? Ms. Moyano: Not really. It's just a suggestion. If you want to go more deep, the Police Department have a report with all the loses that each company have, therefore, the loses that the City have too. Vice Chair Russell: Got it. All right. This is just informal direction to the Manager to work with together with you and the Police Department and coming up with an ordinance. We'll see what we can do. Thankyou. Ms. Moyano: Thank you. Vice Chair Russell: Would you like to speak or --? Tim Del Rosal: Yes. Vice Chair Russell: You're very welcome. Mr. Del Rosal: I'm Tim Del Rosal, Downtown Towing. How are you Commissioners doing? Vice Chair Russell: Good. Mr. Del Rosal: What was -- what she was talking about is we're City towers. We pay a fee to do the towing. And what's happened is what -- what she's talking about is the -- what we call pirates out in the street. They go off the police radios and staff and they go to the call way ahead of us. And they sit -- they tell the customer all -- they tell them whatever, they're going to give money back, they're going to take them to doctors, they're going to get this. They promise them different things and stuff And it really is like an insurance scam. There's a body shop behind this, and when it rains, you see the pirates pulling in there, and they take the cars straight to the body shop and they sell them and stuff: We don't do stuff like that. We take them to the yard, notify the owners, the insurance companies. And there's' been so much of that what we just do is clean the streets now because what's junked -- they won't mess with the junk because there's no money in it. They look for the new cars. They survive off of you know, the new stuff that they can take, and they could take them to doctors, they can do this. So, Hialeah got the ordinance in place -- it's been working great for them -- that they have to use their police towing and the other -- it's like the old days when you used to be 500 feet from an accident, and they used to arrest you because that was called soliciting. If you had scanners and stuff, they used to arrest you. Nowadays, they do it digitally and stuff. And we just have a major problem where, I mean, we work for the City, but we're towing old junk boats, we're towing this, but when it comes to the money where you could get a car and take to the yard for the insurance company or something, we don't get no accidents and stuff Vice Chair Russell: How much are they undercutting you by? City of Miami Page 129 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Mr. Del Rosal: I'd say -- in my zone, we hardly -- we don't get no good cars. It's just -- we pick up the salvage. 1 mean, every -- and then you go to -- Vice Chair Russell: I mean, on a given pickup, how much are you charging versus how much are they charging? Mr. Del Rosal: How much we charge a pickup? Vice Chair Russell: How -- are they charging less? Are they getting a cheap pickup? Mr. Del Rosal: Oh, no, here's the deal. They tell them one thing, but when they go to the body shops with the cars -- Vice Chair Russell: That's when they get them. Mr. Del Rosal: You go there -- because we pick up for different insurance companies. And you can see bills for thousands of dollars. They're not regulated because they could put $500 for a tow. And that poor customer -- she let them go, they take it to a shop. It's a total loss. They got teardowns. It's really an insurance scam that really is costing insurance companies millions of dollars. So, it don't stop at insurance. It goes through the doctors. They take them to (UNINTELLIGIBLE) -- there's all kinds of fraud in this. And that's what we're trying to do if we can get the ordinance passed that Hialeah has. By the way, because we're regulated with the City of Miami Police and they're there all the time checking. We work off their computers. They know where the cars go, you know. And so, I highly recommend if we could get a program together -- and the City already knows -- they've been looking at it -- that we can have an ordinance where it's a police wrecker that's inspected by the City that has to go by City rates and everything to pick up the cars at the accidents and stop all this free-for- all that we have on the streets. Vice Chair Russell: Thank you. Thank you. Mr. Del Rosal: Okay, thank you guys. Vice Chair Russell: Thanks for coming. And thanks for -- Commissioner Reyes: Mr. Chair? Vice Chair Russell: -- your patience all day. Mr. Del Rosal: Pardon me? Commissioner Reyes: Mr. Chair, I know about this. I know a person that, fell for that scam because they take it to the yard, wherever they take it, and they charge whatever they want for storage. That's another thing that they make a lot of money on it, which is totally different -- it's more than a regular -- I mean, a person -- when the insurance company came with the -- I mean, and was ready to pay, it had lost a lot of money in storage from this private company that took it to a yard that wasn't regulated by us. Vice Chair Russell: I'm sorry. I couldn't hear you. Commissioner Reyes: Our residents are suffering. Vice Chair Russell: Thank you, Commissioner. Thank you for your comment. Mr. Del Rosal: Okay. I think that there's an ordinance that the City has that they recommended that if we could get, you know, this Commission to pass that. for us, that City of Miami Page 130 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 NA.4 8687 City Commission we would be, you know -- that's what we're really looking to try to accomplish. Thank you, guys. Vice Chair Russell: Got it. Thank you very much. Is there anything else on PI3, the towing industry issue? We'll close that item out. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING THE PROPOSED MIAMI-DADE COUNTY ORDINANCE (MIAMI- DADE COUNTY LEGISLATIVE FILE NO. 210409) RELATING TO UPDATING THE MIAMI-DADE COUNTY TRAFFIC FLOW MODIFICATIONS AND STREET CLOSURE PROCEDURE MANUAL TO PROHIBIT THE CONSIDERATION OF ROAD CLOSINGS IN MUNICIPALITIES TO BE USED IN CONNECTION WITH TRAFFIC CALMING MEASURES; DIRECTING THE CITY CLERK TO TRANSMIT THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-21-0078 MOTION TO: RESULT: MOVER: SECONDER: AYES: Adopt ADOPTED Alex Diaz de Ia Portilla, Commissioner Manolo Reyes, Commissioner Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: For additional minutes referencing Item Number NA.4, please see "Order of the Day." Vice Chair Russell: The last pocket item is the Mayor's item. Does he need to present this item, or is it before us in full to take up? Commissioner Carollo: I'll present it for him if he likes. If you could read it, Madam City Attorney. Commissioner Reyes: Which one is that? Ms. Mendez: I don't have a hard copy. If you'd let me -- one second -- get it from email. Commissioner Carollo: Okay. Commissioner Reyes: I don't have a copy gill. The Resolution was read by title into the public record by the City Attorney. my Ms. Mendez: And apparently, on March 2, 2021, there is a meeting that the Miami - Dade County Traffic Flow Modifications and Street Closure Procedure is going to be heard, and that numerous of -- numerous City streets serving low -density residential neighborhoods, including single-family neighborhoods, are used daily by drivers from areas beyond the City's boundaries to cut -through on their way to jobs and schools and other destinations. And such cut -through traffic has diminished the safety of pedestrians and residents in these neighborhoods. And the ordinance under consideration is unnecessary as Miami -Dade County, through its Department of Transportation and Public Works, already possesses jurisdiction over most road closings and has steadfastly refused the requests made by the City for such closings in recent years. So, that's the issue. City of Miami Page 131 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Vice Chair Russell: Madam Attorney -- and this may be a Public Works question as well. I'm not sure. Does their proposed ordinance change our ability to unilaterally approve street closures as part of tragic calming? Or do we never -- have we never had that right to do so anyway? Commissioner Reyes: We don't have that right. Vice Chair Russell: So, what -- I'm just trying to get to the very crux of their legislation and what it changes in our ability. (COMMENTS MADE OFF THE RECORD) Vice Chair Russell: Oh, sorry. Let me turn on your -- go ahead. You're on. Nzeribe Ihekwaba: Good afternoon. This is Zerry Ihekwaba, Assistant City Manager. Currently, the Miami -Dade County Code makes provisions for procedures for all closing of public right-of:ways [sic] and that the County retains exclusive jurisdiction of any such closures. What they're trying to do here is to preclude the ability of any local governments from contemplating any closures of any form as part of traffic calming. Back in 2009, Miami -Dade County had set up regulations and guidelines that will dictate how a local government can initiate interlocal agreements for us to assume certain jurisdictional control for traffic and traffic engineering, traffic calming, and related activities. The City of Miami had obtained two interlocal agreements with the County that divorced these powers to us. What this legislation is trying to contemplate is to preclude us from considering prospectively any type of road closures in order to accomplish traffic calming. This, I believe, is a direct reaction to some of the efforts that we're make -- currently making to address some of the more egregious situation of traffic impacts, cut -through traffic in our local residential neighborhoods, as well as to assume their original jurisdiction. Vice Chair Russell: Mr. Ihekwaba, even if they take it out of the bucket of traffic calming, can't we still apply for or urge for a closure of a street for multiple other reasons? Mr. Ihekwaba: Oh, yeah. Definitely because this is specific for traffic calming. Vice Chair Russell: Right, but -- Mr. Ihekwaba: So, you can always do it for some other purpose. Vice Chair Russell: Is there a different process that makes it more difficult icult to do it through that other process versus the traffic calming process? Mr. Ihekwaba: Every other process ultimately diverts on us back to the County for approval. Vice Chair Russell: Is there a higher burden for the other process. Mr. Ihekwaba: It is, it is. What they are trying to do is force every local government. All the thirty-four local governments in the Couty to recognize that they still retain the original jurisdiction to decide and prescribe how you can accomplish that. Vice Chair Russell: Got it. So, do we think we will have a negative result — unintended — probably an intended negative result on our ability to apply for closures? Mr. Ihekwaba: That's yet to be determined. However, I must point out this is a directive. This legislation is a directive to the Mayor or to the County Mayor's City of Miami Page 132 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 designee to initiate the process of making those changes that are applying in that legislation. Vice Chair Russell: And this -- the legislation before us is urging them not to do that. Mr. Ihekwaba: Not to do that. Vice Chair Russell: Got it. Mr. Ihekwaba: That they already have existing process -- Commissioner Reyes: Yes. Mr. Ihekwaba: -- and they should continue to utilize that existing process. Vice Chair Russell: And in that existing process, street closures is considered a traffic calming device? Mr. Ihekwaba: Oh, yeah, it is. It is considered a traffic calming. Vice Chair Russell: There's nothing calmer than a closed street, right? Mr. Ihekwaba: We're not closing streets. I just want to make sure that we don't misuse terms. We're not closing any streets. This is just vehicular restriction, access for vehicles. Vice Chair Russell: Understood. Mr. Ihekwaba: So, pedestrians will continue to have access on all streets. Vice Chair Russell:: The difference is understood. Thank you very much, Mr. Ihekwaba. Mr. Ihekwaba: Thank you. Vice Chair Russell: Is there a motion on PI4? Commissioner Diaz de la Portilla: So move. Vice Chair Russell: Moved by Commissioner Diaz de la Portilla. Seconded by Commissioner Reyes. Any further discussion from the dais? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Anv opposed? Motion passes. Commissioner Watson: Aye. Vice Chair Russell: Thank you, Commissioner. City of Miami Page 133 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 NA.5 8683 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Frank J. Rodriguez ENACTMENT NUMBER: R-21-0076 NOMINATED BY: Commissioner Joe Carollo MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Carollo, Reyes, Watson ABSENT: Diaz de la Portilla Vice Chair Russell: Good afternoon. We are reconvening the February 25th meeting of the City of Miami Commission. Gentlemen, you wanted to start with pocket items? Commissioner Carollo: Yes. Vice Chair Russell: All right. What would you like to make a motion? Commissioner Carollo: My first pocket item is the appointment to the Bayfront Park Trust of a vacancy that I had as of yesterday. And this is my direct appointment from District 3. And this will be Franks. Rodriguez. Vice Chair Russell: Okay. I'm going to call this PIS, Mr. Clerk. And it's a pocket appointment. Moved by Commissioner Carollo. Commissioner Reyes: Second by me. Vice Chair Russell: Seconded by Commissioner Reyes. Is there any discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Commissioner Watson: Aye. City of Miami Page 134 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 NA.6 8688 City Commission ORDINANCE (4/STHS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AMENDING CHAPTER 62/ARTICLE XIII/SECTION 526 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/RESERVED," ESTABLISHING A PILOT PROGRAM TO PROVIDE FOR AN AUTOMATIC WAIVER OF TEMPORARY EVENT PERMIT ("TEP") EVENT NUMBER LIMITATIONS AND FOR TEMPORARY USE PERMITS ("TUP") TIME LIMITATIONS FOR PERMITS ISSUED IN RELATION TO NOVEL CORONAVIRUS ("COVID-19") VACCINATION AND TESTING SITES; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 13966 MOTION TO: Adopt as an Emergency Measure RESULT: ADOPTED AS AN EMERGENCY MEASURE MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Note for the Record: Item NA.6 passed as an Emergency Ordinance with two roll calls. For the first roll call, a motion was made by Commissioner Reyes and seconded by Commissioner Diaz de la Portilla and was passed unanimously to pass NA.6 as an Emergency Ordinance. The second roll call to pass NA.6 as an Emergency Ordinance is reflected above in the vote result box located underneath the enactment number. Vice Chair Russell: There you are, Commissioner. Commissioner Carollo: Commissioner, how do you feel this afternoon? Commissioner Watson: A little bit of the same. Commissioner Reyes: Don't stress yourself okay? Take it easy, okay. Commissioner Watson: Okay. Commissioner Reyes: Okay, take it easy. Commissioner Watson: All right. Commissioner Reyes: We need you, so you take it easy, okay? Commissioner Watson: Yeah. Commissioner Reyes: I have a pocket item, sir. Commissioner Carollo: And listen, if you're going to go down for the count, turn it off. I don't want drama. I got you smiling, that's good. Commissioner Reyes: He doesn't want to be a witness to it. City of Miami Page 135 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Vice Chair Russell: Commissioner Reyes, I'll call that PL 6. Commissioner Reyes: PI.6. This pocket item, it is to do away with the temp -- or limit it two events per temporary events permits, those permits. And this is going to he only for COVID vaccination use, for those places that are going to be testing and vaccination sites. And that is going to be only -- it's going to be -- but also, it's a pilot program. It's going to be for one year. And this is to -- that any location that we want to have a special place that is going to be vaccinating, doing -- we don't have to -- or they don't have to come for a special permit every so often, okay? Vice Chair Russell: I'm going to call that PI.6, vaccine TUP (Temporary Use Permit). Commissioner Reyes: Okay. Vice Chair Russell: And its a four -fifths vote. Mr. Clerk, is it four -fifths of the body or four -fifths of those present? Todd B. Hannon (City Clerk): Four -fifths of the body and you have Commissioner Watson. Commissioner Reyes: Well, we have four -fifths right now. Vice Chair Russell: We have Commissioner Watson, all right. Victoria Mendez (City Attorney): But -- Commissioner Reyes: We have Watson now. Ms. Mendez: Chairman? Vice Chair Russell: Yes. Ms. Mendez: May I please read the title just so every -- because it's an ordinance. Vice Chair Russell: I believe it's a resolution. Commissioner Reyes: It's a resolution. Commissioner Carollo: Resolution. Mr. Hannon: Wait, wait. I believe Madam City Attorney is correct. The title has an emergency ordinance. It looks as though for whatever reason the header shows resolution which may be incorrect. Commissioner Reyes: Well, can we change that to emergency resolution? Ms. Mendez: No, no. It has to be an ordinance. Commissioner Reyes: It has to be an ordinance. Ms. Mendez: That's why -- Vice Chair Russell: We can read it twice today. That's fine. Commissioner Reyes: That's right. City of Miami Page 136 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Vice Chair Russell: Go ahead, Madam City Attorney. Thank you. Ms. Mendez: 1 just wanted to read it so everybody out there is aware of what it is exactly. Vice Chair Russell: Yes. Commissioner Reyes: Yes. Ms. Mendez: And then you'll -- because it's an emergency ordinance that you'll be reading twice, I just wanted to be a little more specific about what we're doing just in case we have public comment. Is that fine, Chairman? Vice Chair Russell: Yes, thank you. Ms. Mendez: Okay. Vice Chair Russell: Please read. Ms. Mendez: It's basically a revision to Chapter 62, Article 13, Section 526, in order to allow for zoning approvals for temporary uses and occupancies, establishing a private -- a pilot program to provide for automatic waiver of temporary events for the -- related to the novel coronavirus vaccination and testing sites. So, 1 just wanted to - Commissioner Reyes: Okay. Are we going to vote on it, Mr. Chairman? Vice Chair Russell: We can, if you'd like to make the motion. Commissioner Reyes: Yes, I make a motion. Commissioner Carollo: Second. Ms. Mendez: It was to allow for people to call in or public comment. And that's why I just wanted to say -- Vice Chair Russell: Would you like us to hold the -- table the item for a while so people have a chance to call in if they'd like? Ms. Mendez:: Yes. Vice Chair Russell: Okay. Well hold the motion then. Well go through some other items. We'll come back to this. Commissioner Carollo: Okay. Vice Chair Russell: If anyone who's watching has questions or doesn't fully understand or has an opinion about this emergency ordinance to amend our temporary use permit to allow jot- vaccine sites to pop up on surjace lots throughout the city, please call in. Where is it on --? What's the information for call in? Ms. Mendez: They can comment on the website and give the public comments on the public comment form. Vice Chair Russell: Is it miamigov.com/virtualmeeting? Ms. Mendez: Great memory. City of Miami Page 137 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Vice Chair Russell: I believe so. You can find all the instructions there to call in and make a comment. So, we're going to table this, and please let me know if we do get any calls. We'll take it when someone calls in. [Later...] Vice Chair Russell: That is all of our pocket items if I'm not mistaken. Are there any others? Mr. Clerk, what else did I miss? Ms. Mendez: The emergency ordinance one. Vice Chair Russell: Oh, yes. Thank you. Has anybody called in with regards to the emergency ordinance, or is anyone here who would like to speak on that? This is with regard to temporary use permits for vaccine sites. Commissioner Reyes: That's right. Vice Chair Russell: Seeing none, is there a motion from Commissioner Reyes? Commissioner Reyes: Yes, move it. Commissioner Diaz de la Portilla: Second. Vice Chair Russell: Seconded by Commissioner Diaz de la Portilla. Any further discussion on the dais? Hearing non, all in favor, say -- Todd B. Hannon (City Clerk): Chair? Vice Chair Russell: Yes. Mr. Hannon: It is an emergency ordinance, so the City Attorney needs to read the title into the record, and there needs to be two votes. Vice Chair Russell: Okay. I believe she did read the title. Ms. Mendez: I just loosely described it. Vice Chair Russell: Okay. Let's go ahead and read it formally. Does she need to read it twice? Ms. Mendez.: Twice. Commissioner Reyes: She read it once. Ms. Mendez: And you vote twice. Mr. Hannon: Yes, sir. Vice Chair Russell: She needs to read it again? Ms. Mendez: I have to -- yes, twice. Vice Chair Russell: Okay. Ms. Mendez: And then your vote twice. I'll try and read it quickly. Commissioner Reyes: Okay. City of Miami Page 138 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Ms. Mendez: Four -fifths vote. The Emergency Ordinance was read by title into the public record by the City Attorney. Vice Chair Russell: Is there a motion? Commissioner Reyes: Move it. Vice Chair Russell: Commissioner Reyes. Commissioner Diaz de la Portilla: Second. Vice Chair Russell: Commissioner Diaz de la Portilla seconds. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Commissioner Reyes: Come again. Ms. Mendez: Four --fifths vote. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: There's a couple of typos in the title that we'll have to amend as well. Vice Chair Russell: Got it. Motion by Commissioner Reyes. Commissioner Reyes: Move. Vice Chair Russell: Seconded by Commissioner Diaz de la Portilla. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Thank you. City of Miami Page 139 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 NA.7 8689 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Jeffrey Watson ENACTMENT NUMBER: R-21-0088 NOMINATED BY: City Commission MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: Russell, Diaz de Ia Portilla, Carollo, Reyes, Watson Vice Chair Russell: Madam City Attorney, on the one that we already passed, which was P12, the urging of the foreclosure situation, just a note. On line seven of the title, it's misspelled, the word -- Commissioner Diaz de la Portilla: Adjudicated. Vice Chair Russell: -- adjudicated. I just want to make sure we get that right. Victoria Mendez (City Attorney): Thank you. Vice Chair Russell: Thank you. Commissioner Diaz de la Portilla: I made a reference to that earlier, I think. Vice Chair Russell: I'm sorry, I missed it. I apologize. Commissioner Diaz de la Portilla: Adjudicate. Vice Chair Russell: All right. So, Commissioner Watson has requested to be the representative of the -- the elected representative on the Affordable Housing Advisory Committee. Is there a motion to that effect? Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: So moved. Vice Chair Russell: Moved by Commissioner Carollo, seconded by Commissioner Diaz de la Portilla. Any discussion? Hearing none, all in favor, say -- Commissioner Reyes: Aye. Vice Chair Russell: You want public comment, Todd? You gave me that look, that's all. I feel like when I get the look, I'm forgetting something. Todd B. Hannon (City Clerk): Mr. Hannon: Yes, sir. Vice Chair Russell: We'll open it for public comment on our appointee to the City of Miami Page 140 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 NA.8 8691 City Commission Affordable Housing Advisory Committee. Seeing none, I'll close public comment. All in favor of the item, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Thank you, Commissioner Watson. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION (A) AMENDING THE CITY OF MIAMI ("CITY") GIFT CARD PROGRAM AND GRANT PROGRAM, BOTH AS DEFINED AND AS SET FORTH BELOW, AND (B) DIRECTING THE CITY'S INDEPENDENT AUDITOR GENERAL TO INVESTIGATE AND AUDIT THE CITY'S GIFT CARD PROGRAM AS SET FORTH BELOW; FURTHER DECLARING THIS RESOLUTION TO BE OF AN EMERGENCY NATURE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-21-0089 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Russell, Diaz de la Portilla, Carollo, Reyes, Watson Commissioner Carollo: Now, before I go back to these, without even getting into how much money everyone had or didn't have, or spent or didn't spend, we got from you the amount of dollars that were left minus D5 that we dealt with it the last time that we brought this up. Based upon the information that you had given us, even more so, I go back to my original motion that I had back then that we divide the remaining dollars into four districts. William Porro (Director, Department of Human Services): Okay. Commissioner Carollo: And if anybody would like to question why or second it for any purpose, we could begin there. Vice Chair Russell: You need an action? Commissioner Carollo: I'm saying that I'm making a motion that, as we stated the last time, that the remaining dollars would be divided into the four districts equally. Maybe I'm being even more gracious than I should. Commissioner Reyes: Yes, you are. Commissioner Carollo: But I'm also going to make a motion after this that this whole process be sent to our Inspector General. It don't have to be a motion. Any one of us can send anything. But I want the Inspector General to go through this carefully and make sufficient phone calls on the numbers that they have on all the cards on all of us equally to double-check that everyone that signed they got a card did get a card. I think that this process, with the amount of dollars that were here, needs to be with full transparency that no one can question any one of us on it. Commissioner Reyes: I second that. Vice Chair Russell: So, that would be done through our auditor. City of Miami Page 141 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Commissioner Carollo: That's correct. Vice Chair Russell: Thank you. So, on both items -- and can these -- if these are being captured in one motion and second -- Commissioner Carollo: It could, yes. Vice Chair Russell: -- because this would be a motion directing to divide equally amongst the four remaining districts -- Commissioner Carollo: Four, yeah. Vice Chair Russell: -- with District 5 -- How would you calculate District 5? Commissioner Carollo: District 5, we took care of it last time around. Vice Chair Russell: Got it. So, the remaining funds -- Commissioner Reyes: He has a different problem than we had. Vice Chair Russell: -- to be distributed equally amongst the four remaining districts - Commissioner Carollo: Yeah. Vice Chair Russell: -- and for the auditor to initiate a spot-check investigation -- Commissioner Reyes: Yes. Vice Chair Russell: -- on -- and I mean, this is a lot, so do you know how deep you would like him to go in terms of checking these? Commissioner Carollo: Well -- Commissioner Diaz de la Portilla: A full investigation, I would like. Commissioner Carollo: -- he should do what he would do in any serious audit. And if he needs to go further, he should come back to us. Vice Chair Russell: All right. So, we'll leave it in his discretion -- Commissioner Reyes: That's right. Vice Chair Russell: -- for what sample size would give him a good indication -- Commissioner Carollo: That's correct. Vice Chair Russell: -- that there are -- Commissioner Reyes: Yes. Vice Chair Russell: All right. There is -- Commissioner Carollo: Obviously, if everything that he's doing in a certain sample amount is line, he probably won't need to go any further on those. If he finds that there are some problems with a sample, he might need then to go into more, and then he might need to go into it deeper to find out why there were problems. City of Miami Page 142 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Vice Chair Russell: Thank you. There's been a motion, and there's been a second. I'd like to open it for public comment. Is there anyone here who would like to make public comment with regard to the distribution of grocery cards? And question from my part -- and we've discussed this offline, and we did mention in the last meeting there is flexibility within the allocation on how it can be spent correctly -- correct? -- if we -- Mr. Porro: There's two particular reasons for the — Mr. Fernando Casamayor (Assistant City Manager/Chief Financial Officer): And yes, there is flexibility as long as you use one of the two programs that were approved by the County. So, it's either the gift card program -- Vice Chair Russell: Yes. Mr. Casamayor: -- or the business assistance program that was otherwise -- that was already approved. Vice Chair Russell: Yes, for my part -- and TM going to work together with my team on this to make sure -- Mr. Casamayor: And can 1 also just -- just for clarity's sake, would you like us to include the $12,118.61 that was left over from the business grant program -- Commissioner Reyes: Absolutely. Vice Chair Russell: (UNINTELLIGIBLE) Mr. Casamayor: -- as part of this allocation? Commissioner Carollo: Yeah. Mr. Casamayor: Okay. So that the total -- Commissioner Carollo: That should be a part of the motion. Mr. Casamayor: -- the total that we will be allocating is 748, 743.61 -- Vice Chair Russell: Got it. Mr. Casamayor: -- which is the total balance left. Vice Chair Russell: Now, I may be using my portion for small business assistance. Do I need any sort of amendment to change the parameters -- Commissioner Carollo: No. Vice Chair Russell: -- on the qualification number? Mr. Casamayor: No, sir. And we'll work with you to make sure that we set whatever program you like and make sure that it meets the guidelines that were approved by the County back in October when these were -- Vice Chair Russell: Got it. Because we set guidelines at this board, I believe. Mr. Casamayor: Yes. City of Miami Page 143 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Vice Chair Russell: So, for me to change those guidelines, I do not need a motion of this board? Mr. Casamayor: If you would like to have any additional or less restrictive guidelines that this board set in place, I believe you'd have to come back and get that as a vote. Vice Chair Russell: That's what Pm asking right now because -- Mr. Casamayor: I'm going to defer to the City Attorney, but yes, I believe that you wouldn't need to do so. Vice Chair Russell: And what I found is there's -- as many businesses in my district -- even mom and pop businesses that may -- Commissioner Reyes: Yes. Vice Chair Russell: -- have two locations and they're already at the $2 or 3 million in revenue -- have gross revenue at three -- even $3 million is not very much if you're spending 80 percent of that in overhead costs and product materials. Let's say you just have a 20 percent margin. So, I would like to be able to approach some businesses that were not able to qualify. Commissioner Reyes: 1 agree with you, and I was going to suggest that we use this for business assistance. Vice Chair Russell: I think each can do as they wish. Commissioner Reyes: That's right. Commissioner Carollo: Each can do as they wish. Commissioner Reyes: As we wish, but before you brought it up, I was thinking about -- and I think that we all should have the flexibility, you see, of use it as -- Commissioner Carollo: There is -- Commissioner Reyes: -- we -- we see that it will benefit the most, you see, if it is businesses or individuals. But I'm looking into the possibility of -- and I want to talk to the Administration on what procedure if f we're going to go -- if I want to use mine on business -- real small businesses, business assistance, what procedures should I undertake so it will be legal, and it will -- I mean, we will have accountability. Mr. Casamayor: So, if you'd like, we can follow up next week i f you'd like. Commissioner Reyes: Yes, sir. I want -- Mr. Casamayor: We'll schedule meetings with you. Commissioner Reyes: I want -- Mr. Casamayor: -- with Mr. Porro, and Mr. Mensah. Commissioner Reyes: If we go that route. But I think that we should have the alternative (UNINTELLIGIBLE). Vice Chair Russell: I'd like to establish the flexibility here today if we can. So, what City of Miami Page 144 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 do you need from us in terms of an action? Commissioner Carollo: Well, just make that part of the motion. That's all. Mr. Casamayor: Yeah. So, you've given us the amount -- Vice Chair Russell: Yes. Mr. Casamayor: The percentage that we need to divide by, and then just add the flexibility of you know, whether it's either the grocery gift card or the business assistance grant program. Commissioner Reyes: Or -- that's right. Vice Chair Russell: But that the qualification numbers, for example, could qualfv a business that is as high as 3 million in gross revenue. Mr. Casamayor: That's fine. Vice Chair Russell: All right. There's been a motion, and there's been a second. Is there anyone here fbr public comment on the item? Todd B. Hannon (City Clerk): Chair, I'm sorry. I didn't catch the seconder. Vice Chair Russell: Who was the seconder? Commissioner Reyes: I second it. Vice Chair Russell: Okay. Commissioner Reyes, thank you. Closing public comment. All in favor of the item, say "aye." The Commission (Collectively): Aye. Vice Chair Russell: Any opposed? Motion passes. Mr. Casamayor: Before we go, just to let you know, give you an update. I just asked my friends at the County, and they're still working on the interlocal amendment. So, hopefully we'll get something soon. Commissioner Carollo: But I'm not done with this item yet, and I'm glad you brought that up. When do you think they might have the finalized amendment so that we could start using these remaining monies? Mr. Casamayor: I mean, I believe we can start using the money already, but we just don't have the signed interlocal with them yet. So, again, if we are spending it now, we are -- we could possibly put ourselves at risk for not getting reimbursed. However, I believe it's just waiting for a signature in the County Administration somewhere. Commissioner Carollo: I would strongly recommend that the way things are with the County these days, that we have it all signed, sealed, and delivered before we take any actions. Mr. Casamayor: Noted. Commissioner Carollo: That my feelings anyway. The Administration could do as it sees fit. City of Miami Page 145 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 NA.9 8692 City Commission DISCUSSION ITEM UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE MARCH 11, 2021 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 MATTERS OF CHALKS AIRLINE, INC. V. CITY OF MIAMI, CASE NUMBER 17-023207-CA- 01, AND CHALKS AIRLINE, INC. AND NAUTILUS ENTERPRISES, LLC V. MIAMI SPORTS AND EXHIBITION AUTHORITY AND CITY OF MIAMI, CASE NUMBER 18-030887-CA-01, BOTH PENDING IN THE MIAMI-DADE CIRCUIT COURT, 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 VICE- CHAIRMAN KEN RUSSELL, AND COMMISSIONERS ALEX DIAZ DE LA PORTILLA, JOE CAROLLO, MANOLO REYES, AND JEFFREY WATSON; CITY MANAGER ART NORIEGA, V; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEYS JOHN A. GRECO AND BARNABY L. MIN; AND SENIOR ASSISTANT CITY ATTORNEYS CHRISTOPHER A. GREEN, GEORGE K. WYSONG III, AND KERRI L. MCNULTY. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE - CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON PRESIDING OVER THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. rRESULT: DISCUSSED Vice Chair Russell: Gentlemen, this is the end of our meeting. We have -- I tried to get you out of here by 6 o'clock, but I'm a little bit late. Barnaby Min (Deputy City Attorney): Mr. Chairman. Vice Chair Russell: Mr. Min, yes. Mr. Min: While you pack up, I do need to announce two shade meetings if I can. Vice Chair Russell: Which shade meeting would you like to read? Mr. Min: It'd be for the West Flagler case that's going to come back on March 11 th Vice Chair Russell: So, you'd like to reestablish one of them or both of them? City of Miami Page 146 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 Mr. Min: It's a combined shade meeting, but we're also going to call for one on Chalk's Airlines. Vice Chair Russell: On? Mr. Min: Chalk's Airlines. Vice Chair Russell: Oh. Mr. Min: It's another separate litigation matter. Vice Chair Russell: Okay. All right. Go ahead and read all three, please. [Later...] Vice Chair Russell: As soon as Mr. Min is done reading the shade meeting announcements, we will be adjourned. Mr. Min: Thank you, Mr. Chairman. Vice Chair Russell: Thank you very much, everyone. Mr. Min: Mr. Chairman and members of the City Commission, pursuant to provisions of Section 286.011, subsection 8 of Florida Statutes, the City Attorney is requesting at the City Commission meeting of March 11, 2021, attorney -client session closed to the public be held for the purpose of discussing pending litigation, the matters of Chalks Airlines, Inc. versus City of Miami, Case Number 17-23207-CA-01 in Chalk's Airline, Inc. versus -- and Nautilus Enterprises, LLC versus Miami Sports and Expedition and Authority and City of Miami, Case Number 18-30887-CA-01, both pending in Miami -Dade Circuit Court and to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations and strategy discussions related to litigation expenditures. This private meeting will begin at approximately 10 a.m. or soon thereafter, as the Commissioners' schedules permit and conclude approximately one hour later. The session will be attended by members of the City Commission, which include Vice Chairman Ken Russell, and Commissioners Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes, and Jeffrey Watson, City Manager Art Noriega, City Attorney Victoria Mendez, Deputy City Attorneys John Greco and Barnaby Min, Senior Assistant City Attorneys Christopher Green, George Wysong, and Kerri McNulty. A certified court reporter will be present to ensure the session's fully transcribed, and the transcript will be made public upon 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. City of Miami Page 147 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 NA.10 8693 Office of the City Clerk DISCUSSION ITEM UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE MARCH 11, 2021 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 MATTERS OF ERNESTO CUESTA, ET AL., VS. THE CITY OF MIAMI AND WEST FLAGLER ASSOCIATES, LTD., CASE NO. 20-006298 CA (43), PENDING IN THE MIAMI-DADE CIRCUIT COURT, CITY OF MIAMI VS. ERNESTO CUESTA, ET AL., CASE NO. 3D21-532, PENDING IN THE FLORIDA THIRD DISTRICT COURT OF APPEAL, AND WEST FLAGLER ASSOCIATES, LTD., VS. THE CITY OF MIAMI, CASE NO. 19-CV-21670-RNS, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE 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 VICE-CHAIRMAN KEN RUSSELL, AND COMMISSIONERS ALEX DIAZ DE LA PORTILLA, JOE CAROLLO, MANOLO REYES, AND JEFFREY WATSON; CITY MANAGER ART NORIEGA, V; AND ATTORNEY RAQUEL RODRIGUEZ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON PRESIDING OVER THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. rRESULT: DISCUSSED Barnaby Min (Deputy City Attorney): Attention, Mr. Chairman and members of the City Commission. Pursuant to provisions of Section 286.011 subsection 8, Florida Statutes, the City Attorney is requesting at the City Commission meeting of March 11, 2021 an attorney -client session closed to the public be held for the purposes of discussing the pending litigation on the matters of Ernesto Cuesta, et al. versus the City of Miami West Flagler Associates, Limited, Case Number 20-006298-CA-43, pending in Miami -Dade Circuit Court, the City of Miami versus Ernesto Cuesta, et al., Case Number 3D21-532, pending in the Florida Third District Court of Appeal, and West Flagler Associates, Limited versus the City of Miami Case Number 19-CV- 21670-RNS, pending in the United States District Court for the Southern District of Florida to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations and strategy discussions related to litigation expenditures. This private meeting will begin approximately at 10 a.m. or 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, City of Miami Page 148 Printed on 03/06/2025 City Commission Meeting Minutes February 25, 2021 ADJOURNMENT which include Vice Chairman Ken Russell, Commissioners Alex Diaz de la Portilla, Joe Carollo, Manolo Reyes, and Jeffrey Watson, the City Manager Art Noriega, and Attorney Raquel Rodriguez. 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. Vice Chair Russell: All done? We are adjourned. Thank you. Take care, everyone. END OF NON -AGENDA ITEM(S) The meeting adjourned at 6:16 p.m. City of Miami Page 149 Printed on 03/06/2025