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HomeMy WebLinkAboutCC 2022-01-13 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, January 13, 2022 9:00 AM City Commission Meeting City Hall City Commission Francis X. Suarez, Mayor Christine King, Chair, District Five Joe Carollo, Vice Chair, District Three Alex Diaz de la Portilla, Commissioner, District One Ken Russell, Commissioner, District Two Manolo Reyes, Commissioner, District Four Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes January 13, 2022 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Commissioner Diaz de la Portilla, Commissioner Russell and Commissioner Reyes Absent: Vice Chair Carollo On the 13th day of January, 2022, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. Chairwoman King opened the meeting at 8:37 a.m. for presentations and proclamations only. Upon conclusion of presentations and proclamations, the Commission Meeting recessed at 9:15 a.m., and reconvened at 10:15 a.m. wherein Chairwoman King officially called the meeting to order, recessed at 12:10 p.m. for the lunch recess, reconvened from the lunch recess at 2:19 p.m., and adjourned at 3:39 p.m. Note for the Record: Commissioner Reyes participated in the meeting via Zoom video conferencing. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: The meeting will be opened with a prayer from Father Rowe of St. Agnes Episcopal Church. I'm not sure (INAUDIBLE) here he comes. Invocation delivered. Chair King: The Pledge of Allegiance will be led by Commissioner Russell. Pledge of Allegiance delivered. Chair King: Thank you . PART A - NON -PLANNING AND ZONING ITEM(S) PR - PRESENTATIONS AND PROCLAMATIONS P R.1 11229 PROTOCOL ITEM Honoree Presenter Protocol Item Father Denrick Rolle Mayor Suarez Proclamation Commissioner King Apostle John Chambers Commissioner Russell Proclamation City of Miami Fire Department Mayor Suarez Certificate of Merit City of Miami Page 1 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 North American Vehicle Rescue Mayor Suarez and Certificate of Merit Association Commissioners COVID Response Team Mayor Suarez Certificate of Merit Chairwoman Christine King Congresswoman Special Proclamation Frederica Wilson Former Commissioner J.L Plummer, J r. Mayor and Proclamation Commissioners RESULT: Presentations made. PRESENTED 1) Mayor Suarez and Commissioner King presented a Certificate of Merit to Father Denrick Rolle, Director of the historical Saint Agnes Episcopal Anglican Church, in recognition of his excellent service to the City of Miami. Father Rolle was inducted Rector and Pastor of the historic Saint Agnes Episcopal Anglican Church in Overtown on December 2, 2012, and he has been a pillar to the community and residents of Overtown. Elected Officials found it fitting to pause in their deliberations to acknowledge Father Rolle and thank him for his continued contribution to advancing the quality of life for the residents of the City of Miami. 2) Mayor Suarez and Commissioner Russell presented a Proclamation to Apostle John FL Chambers, III, Founder and Senior Pastor of Believers of Authority Ministries (BOA), a non -denominational church in Miami. In 1995, Apostle Chambers was ordained as a Pastor, started BOA, and proceeded with devoting himself full time to spreading the gospel and building BOA Ministries. He has been and continues to be a pillar of the Coconut Grove Community and continues to provide extraordinary leadership. In 2003, Apostle Chambers successfully established the BOA Job Placement Service. Today individuals continue to be provided with job placement assistance. His desire to inspire and motivate young people resulted in the birth of "Back -to -the -Hood," a motivational forum targeted to youth and teenagers. Elected Officials paused in their deliberations of governance in order to honor and commend Apostle John H. Chambers, III for his invaluable contributions to the community and to extend to him best wishes for the continued success of his noble endeavors and celebrate the many achievements by proclaiming January 14 as "Apostle Dr. John H. Chambers, III Day" in the City of Miami. 3) Mayor Suarez and Commissioners presented a Certificate of Merit to Fire Chief Joseph Zahralban in recognition of his excellent service in dealing with the Surfside Collapse, the recent hurricane season, the COVID-19 concerns, and all tasks and demands of the Fire -Rescue Department. Chief Zahralban along with the Fire Department supported and hosted the North American Vehicle Rescue Association Rescue Challenge which turned out to be a success and those who attended received a stellar education and training. Elected Officials recognized Chief Zahralban and City of Miami Page 2 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 are confident that he will continue to excel and serve the community to advance the quality of life for residents in the City ofMiami. 4) Mayor Suarez and Commissioners presented a Certificate of Merit to North American Vehicle Rescue Association (NAVRA), a not -for -profit educational organization that focuses its training on first responders and firefighters, in recognition of its excellent service. 5) Mayor Suarez and Commissioners presented Certificates of Merit to the COVID- 19 Response Team in recognition of their support and advisement to the City of Miami and South Florida community throughout the COVID-19 pandemic and response. Elected Officials paused in their deliberations to thank those who serve and are confident that all individuals will continue to excel and to serve the residents in the City of Miami to advance the quality of life for the community. 6) Charles Scott on behalf Congresswoman Frederica Wilson presented a Special Proclamation to Chairwoman Christine King in recognition of her appointment as the first woman to chair the City Commission and the first woman to serve on the dais in a decade. Congresswoman Wilson recognized Chairwoman King for her passion to service and her commitment to issues such as addressing climate change, increasing affordable housing, reducing violence and increasing youth and children services. Congresswoman Wilson congratulated Chairwoman King and wished her all the best as she takes the reins at Miami City Hall. 7) Mayor Suarez and Commissioners presented a Proclamation in remembrance of former Commissioner Joseph Lionel "IL." Plummer who passed away on December 16, 2021. Commissioner Plummer was a longtime resident of Coconut Grove who began his life-long dedication to public service by serving on the City of Miami Planning and Zoning Board from July 1966, until his appointment to the Miami City Commission in October of 1970. His fellow Commissioners elected him Vice -Mayor in December of that year. In November of 1971, he was elected to his first full four-year term on the City of Miami Commission. He was re-elected in 1975, 1979, 1983, 1987, and 1991. In 1987, at the end of his final term, Commissioner Plummer had served the City of Miami for 30 years. For the past 2 years, he has proudly carried the title of Commissioner Emeritus. Elected Officials paused in their deliberations to honor Commissioner Plummer for his service to the City of Miami, Miami -Dade County, and the State of Florida; furthermore, celebrating the many accomplishments and community contributions of Commissioner Plummer and proclaiming December 3 as "Commissioner Plummer Day" in the City of Miami. City of Miami Page 3 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 ORDER OF THE DAY Chair King: Welcome to the January 13th 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: Commissioner Alex Diaz de la Portilla, Commissioner Manolo Reyes, via Zoom, and Commissioner Ken Russell, and myself, Christine King, Chair. Also appearing are the City Manager, Via Zoom, Art Noriega, City Attorney, Barnaby Min, and City Clerk, Todd Hannon. [Later...] Chair King: Mr. City Attorney, please state the procedures to be followed during this meeting. Barnaby Min (Deputy City Attorney): Thank you, Madam Chair. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code must register with the City Clerk and comply with the latest City requirements for 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 this code section is available at the office of the City Clerk or online at municode.com. The City ofMiami 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 the documents supplied to the Commission fewer than seven days before merits a continuance, the item may be continued by the City Commission. Pursuant to Sections 2-33(0 and (g) of the City Code, the agenda and material for each item on the agenda is available during business hours at the City Clerk's Office, and online 24 hours a day, at miamigov.com. Any person may be heard by the City Commission, through the Chair, for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. Public comment will begin at approximately 10:00 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 written comments via the online comment form. Please visit miamigov.com/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been and will be distributed to elected officials and the City's Administration, throughout the day, so that the elected officials can consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to the elected officials up until the time the Chairperson closes the public comment period. Public comment may also be provided live at City Hall located at 3500 Pan American Drive, subject to any and all City rules as they may be amended. Due to the ongoing surge of COVID-19 cases throughout Miami -Dade County, including the City of Miami, persons who wish to provide public comment at City Hall today are subject to certain reasonable COVID-19 safety measures in order to prevent the spread of the virus and to protect City employees, visitors, and others present at today's meeting. Speakers and attendees who appear in person will be subject to screening for symptoms of COVID-19. Any person exhibiting any symptoms of COVID-19 will not be permitted to enter City Hall. In addition, all City employees City ofMiami Page 4 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 and visitors are required to wear a mask or facial covering to enter City Hall today. Masks must be worn while indoors at all times. Members of the public shall observe social distancing requirements. To ensure social distancing during the meeting, there will be limited seating inside the Commission chambers and reduced occupancy limits. In addition, members of the public are reminded to stay at least six feet away from individuals who do not live in the same household. The City has set up facilities for those who are unable to enter City Hall once a reduced occupancy limit has been reached to be able to attend the meeting and provide public comment. If the proposition is to be continued or rescheduled, the opportunity to be heard may be at such a later date before the City Commission takes action on such a proposition. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids, and services for this meeting may notify the City Clerk. The City has provided different public comment methods to indicate, among other things, the public's support, opposition, or neutrality on the items and topics to be discussed at today's City Commission meeting pursuant to Section -- I'm sorry, Section 286.0114, Subsection 4, Subsection C, of the Florida Statutes. The public has been given the option to provide public comment during the meeting within reasonable proximity and time before the meeting. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications or viewed online at miamigov.com. Planning and Zoning items shall proceed 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 Ordinance Numbers 13903 and 13914, parties for any Planning and Zoning items, including any applicants, appellants, appellees, City staff, any person recognized by the decision -making body as a qualified intervener, as well as the applicant's representatives and any experts testing on behalf of the applicant, appellant, or appellee, may either be physically present in City Hall to be sworn in by oath or affirmation by the City Clerk, or may appear virtually and make arrangements to be sworn in by oath or affirmation, in person, at their location by an individual qualified to perform such duty. Pursuant to Emergency Ordinance Number 13903, members of the general public who are not parties to an action 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 Section 286.015 Florida Statutes and Section 7.1.4.5 of the Miami 21 Code. Staff will briefly present each item to be heard. For applications requiring City Commission approval, the applicant will present its application and request to the City Commission. If the applicant agrees with the staffs recommendations, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. The order of the presentation shall be as set forth in the Miami 21 Code and in the City Code, provided the appellant shall present first. For appeals, the appellant will present his 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 noise - making devices. Pursuant to Advisory Legal Opinion 2020-03, issued on March 19, 2020, by the Florida General, and 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, can participate in voting meetings where a quorum of the other members are physically present. Due to the continued declared local state of emergency in Miami -Dade County related to COVID-19, and consistent with AGO (Attorney General Opinion) 2020-03, City Commission finds that the members of the Miami City Commission may use communications media technology to participate in and vote on items during the City of Miami Page 5 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 meetings when a quorum of the City Commission is physically present, and the presence of the City Commission is medically necessary. This meeting can be viewed live on Miami TV and miamigov.com, the City's Facebook page, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast will have closed captioning. Thankyou, Madam Chair. Chair King: Thank you, Mr. Min. Next, we will hear from the City Clerk. Please state the swearing -in procedures to be followed during this meeting. Todd B. Hannon (City Clerk): Thankyou, Chair. The procedures for individuals who are providing testimony to be sworn in for Planning and Zoning items and any quasi-judicial items on today's City Commission agenda will be as follows: 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 finish explaining these procedures. Those individuals who are appearing remotely may be sworn in now or at any time prior to the individual providing testimony fin. Planning and Zoning items and/or quasi-judicial items. Pursuant to Emergency Ordinance Number 13903, those individuals appearing remotely -- remotely may be sworn in at their location by an individual qualified to administer the oath. After you are sworn in, please be sure to complete, sign, and notarize the affidavit provided to you by the City Attorney's Office. Each individual who will provide testimony must be sworn in and execute an affidavit. Please email a scanned version of the signed affidavit to the City Clerk at thannon@miamigov.com prior to providing testimony on the Planning and Zoning item and/or quasi-judicial item. The affidavit shall be included in the record for the relevant item for which you will be providing testimony. Commissioners, are you comfortable with all the notice provisions set forth in these uniform rules of procedures we have established for this meeting? Commissioner Russell: Yes. Mr. Hannon: Chair, may I administer the oath for anyone wishing to speak on Planning and Zoning items? Thank you, Chair. Good morning, ladies and gentlemen. Good morning, ladies and gentlemen. If you will be speaking on any of today's Planning and Zoning items, only the Planning and Zoning items, may I please have you stand and raise your right hand? The City Clerk administered the oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair King: Thank you. And now we're going to set the order of the day. Mr. Manager. Nzeribe Ihekwaba (Deputy City Manager): Good -- Chair King: Good morning. You're doing it, Zerry? Mr. Ihekwaba: I don't know, is he -- Chair King: He's on Zoom. Mr. Ihekwaba: Okay, let him do it. Chair King: Mr. Manager, are there any items -- City of Miami Page 6 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Arthur Noriega (City Manager): Dr. Ihekwaba will be handling the plasma. Chair King: What did you say? Mr. Noriega: Dr. Ihekwaba will handle it. Mr. Ihekwaba: He wants me to -- Mr. Noriega: (UNINTELLIGIBLE) will handle it. Chair King: Okay, okay. Commissioner Diaz de la Portilla: Madam Chair, is that a goatee? Chair King: What? Commissioner Diaz de la Portilla: Do you have a goatee, City Manager? Mr. Noriega: I do not, Commissioner. I just haven't shaved in four or five days. Commissioner Diaz de la Portilla: Okay. How are you feeling, by the way? Mr. Noriega: 1 feel perfectly fine. Commissioner Diaz de la Portilla: Okay, good, because 1 know you had CO VID, so I wanted to know if you feel fine. Mr. Noriega: I do. Thank you for asking. Commissioner Diaz de la Portilla: Okay. Sorry. Mr. Ihekwaba: Good morning, Chairwoman, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: DI1, discussion on Bulky Trash Collection Cost Study Report, to be deferred to the second meeting in February, February 24th; DI 1 to be deferred to February 24th; PZ.2 is a zoning text amendment (UNINTELLIGIBLE) to be deferred to the next meeting, January 27th; PZ.2, to be deferred to January 27th. We do have a couple of time certain items. PH.4 is going to be time certain at 11:30 a.m. PH.4, time certain at 11:30 a.m. DI.2, discussion item on the Underline Project presentation, time certain at 4:30 p.m. or thereafter; DI.2, time certain at 4:30 p.m. or thereafter? Commissioner Diaz de la Portilla: Madam Chair,. 4: 30 or earlier, right? Because the Commission meeting could end earlier. Mr. Ihekwaba: Or earlier, or thereabout: Commissioner Diaz de la Portilla: Okay, so it's not time certain. Chair King: No, it actually is time certain and all parties are aware that our meeting may end sooner and then it would just carry over to the next meeting. There was a conflict with Commissioner Regalado. She has a 3 o'clock committee meeting. Commissioner Diaz de la Portilla: Oh, okay. Chair King: So it can't be before 4:30. City of Miami Page 7 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Commissioner Diaz de la Portilla: Oh, 1 understand. Okay. Chair King: But if this body is expeditious in our service, and the meeting ends before -- Commissioner Diaz de la Portilla: That's your job, Madam Chair. You know that. Chair King: I'm trying to facilitate that for us. Proceed, please. Commissioner Diaz de la Portilla: Thank you, Madam Chair. Chair King: Anything else, Zerry? Mr. lhekwaba: I'm done. Chair King: Okay. Commissioner Reyes: Madam Chair, ifI may? Madam Chair? Hello? Chair King: Oh my gosh, he's -- Commissioner Reyes: It's not God, you know, it's not a ghost. Chair King: Okay, there you are. I'm looking all over the place. Commissioner Reyes: Hello? Chair King: Please, how are you feeling today? Commissioner Reyes: Much better, much better. I'm just waiting and I'm going to go for a test, maybe if we leave early today, you know, if not tomorrow. And see if I can get my negative. I need two negatives to be able to go back, so, yeah. But let me tell you, this has been very mild, very mild, just a little cough and -- and -- the simple congestion, just like when you are catching a cold, those are the things that I -- but I have to take care of myself, you see. Particularly at my age, I'm saying this before the Diaz de la Portilla says, you see. Commissioner Diaz de la Portilla: You look great, Commissioner. Commissioner Reyes: Okay. Thank you, thank you. Madam Chair, I -- I want to pull CA.I2. I want to deal with it, CA.12 and FR.3, I want to deal with them together. And I don't want to group them with the rest of the CA (Consent Agenda) agenda if we are going to go that route. That's the only thing that 1 want. Chair King: Okay, well we're going to -- Commissioner Reyes: Okay? Chair King: Okay, we're going to do things a little difj"erent now in that, Mr. Manager, are you finished? Okay. So now we're going to go to the Commissioners. And what I'd like to do moving forward is I'm going to take up items -- the CA items, deal with all of those, then we'll move on to the next. So, are there any CA items that -- Commissioner Russell, would you like to pull any CA items? Commissioner Russell: I would not. I was going to mention pocket items, but I guess you'll address those later. City of Miami Page 8 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Chair King: Yes. Commissioner Reyes: Okay. Okay. Commissioner Russell: And I wanted to be noted as a co-sponsor on another item, but nothing for the CA, thank you. Chair King: Okay. How about you, Commissioner? Commissioner Diaz de la Portilla: I'm good. We move all CA items, so I'll move that for you, Madam Chair. Mr. Hannon: Chair. Commissioner Reyes: Okay. Mr. Hannon: Chair. Chair King: Wait, I know. One second, Todd. Commissioner Diaz de la Portilla: With the exception of -- I'm sorry -- Chair King: Wait, one second. Commissioner Diaz de la Portilla: -- with the exception of CA.12, 1 think Commissioner -- Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: -- Reyes wants to wait, right? You want to pull it from Commissioner Reyes: No, I want -- I want to deal with it separately. Chair King: Okay. Separately Commissioner Diaz de la Portilla: Separately, yes. Yes, so -- Chair King: Okay. So, let me go back to our City Clerk. There are no minutes to read into the -- Mr. Hannon: Chair, it's my understanding that at least when it comes to the order of the day, the Administration has requested DI.1 be deferred to February 24, 2022; PZ.2 will be deferred to January 27, 2022; Commissioner Carollo did request that PH.4 he deferred to January 27, I'm not sure if the body is going to entertain that deferral. But before we move on to the Consent Agenda or anything else with the agenda, if we could get a motion and a second for the order of the day items, and if you -- Chair King: Well -- wait a minute, you didn't -- you didn't -- we don't have any mayoral vetoes. Mr. Hannon: But we normally will take a vote on the order of the day, these items that are being deferred and continued and so forth by the Administration, or any Commissioners, before we start moving on. City of Miami Page 9 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Commissioner Diaz de la Portilla: So, I'll move that --1 will move that, for the order of the day, hut PH.4, 1 was told it would he 11:30 time certain. Mr. Hannon: Understood. So right now, the motion for the order of the day is to defer DI1 to 2/24 and to defer PZ.2 to 1/27. Commissioner Diaz de la Portilla: I'll move that. Chair King: Do I have a second? Commissioner Reyes: I second it. Commissioner Russell: I second it. Commissioner Reyes: I second it. Chair King: Okay, so we have a motion by Commissioner Diaz de la Portilla and a second by Commissioner Reyes. All in favor? Mr. Hannon: Commissioner Russell. Commissioner Diaz de la Portilla: Aye. Commissioner Reyes: Aye. Chair King: No. Commissioner Reyes. Commissioner Russell: Reyes beat me. Mr. Hannon: Reyes, oh, I'm sorry. Commissioner Diaz de la Portilla: Reyes beat you to the punch. Commissioner Russell: He did. Chair King: Yeah. Mr. Hannon: Understood. Commissioner Diaz de la Portilla: It happens. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Vote passes unanimously. City of Miami Page 10 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 PUBLIC COMMENTS FOR ALL ITEM(S) 11358 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE JANUARY 13, 2022 CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: Is there anyone here that wishes to speak on any items that are here before the Commission in this agenda. Please step to the podium. Also be respectful of social distancing, please. Public item period has now started. Please state your name Jrothe record and the item that you wish to speak upon. Elvis Cruz: Thank you, Chairwoman King, fellow Commissioners. Elvis Cruz, 631 Northeast 57th Street. I'm here on two items, PZ.1 and FL.1. Regarding PZ.1, this item, which would allow affordable housing right up against T3, or single-family and duplex neighborhoods, would be very harmful to those neighborhoods. The affordable housing allows density bonuses and diminishes parking requirements. We would have spillover parking into the neighborhoods. The Miami 21 Code currently does include protections for T3 neighborhoods, and those protections should stay in the Code. The City should keep a thousand Tfoot minimum separation of affordable housing projects from existing T3 neighborhoods. This would affect neighborhoods all across the city. We have single-family neighborhoods all across the city, and this would be harmful and detrimental to all of them. So, I would ask that you amend this particular item to take out that portion of it that would allow the affordable housing right up against a T3 neighborhood. The other item, FL.1, is a massive restructuring, rewriting of the tree ordinance. It eviscerates the tree ordinance. I was very surprised to see this. I'm hoping the Chair will ask City staff the names of the specific individuals that wrote this. I'm very curious about that. At minimum, there should be several community public outreach meetings to discuss this before it conies up for a reading on the agenda. Thank you. Malik Rolle: Good morning. My name is Malik Rolle (phonetic). I'm currently a senior at Law Enforcement Officers Memorial High School. My address is 400 -- 300 Northwest 2nd Avenue. And I'm here to talk about item D12. I was born and raised in Miami and my heart resides in the city. For the first time in my life, I experienced changes along with the rest of the city, due to these unprecedented times. And in this time of crisis, I believe the biggest impact that any one person or organization can make is even more contagious disease than COVID-19. A disease of love. The love we have for family, for friends, and being able to rejoice with one another in a safe and cooperative environment. The Underline has made a direct impact to the city through various opportunities for the youth, myself included. The Underline has made its sole purpose to be able to give back to the community and to inspire the community to gather with one another for unique experience -- experiences and memories in a time of crisis. In my personal experience with the help of the Underline, I have been able to inspire those around me and create new opportunities for myself this past year. I wouldn't have had it any other way because of all the amazing people I met and memories that were created. I love my city genuinely because of all the great things we have accomplished and will continue to accomplish. Without love, we have no community, we have no trust. All we have are opportunities that will be seized by the corrupt, the heartless, and those with selfish intentions. But with love and a direct community, we will be able to rebuild our connection with the community and reignite deep roots within the City of Miami. With the help of the Underline, our love will be at City of Miami Page 11 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 its fullest. 1 want to thank Chairwoman King, Commissioners Russell, Carollo, Reyes, and Diaz de la Portilla for their continued support of vibrant green spaces and niultimodal transportation provided by the Underline and to unfreeze construction funding for the product --project. Chair King: Thank you. Mr. Rolle: Thank you. Chair King: Thank you. Mayra Joli: My name is Mayra Joli. My address is 1221 Brickell Avenue, Suite 1210, Miami, Florida, 33131. And I'm coming to this body just to commend all of you for the response that you give to people. And the people who are reaching out to you, to you, not to you because you're new, and to the other ones that are somewhere around here. And none of them respond. I hope these people are here wasting their time and somebody's going to respond to them. I asked you, Ken Russell, to give me an appointment. I asked Alex Diaz de la Portilla to give me an appointment. I asked Joe Carrollo to give me the appointment and I asked Manolo Reyes too. Joe Carrollo is the one, the only one, who had the courtesy of giving me a phone call. I'm been calling you guys because the abuse that you guys are doing to the people, and I'm representing the people. You are here giving money away. But you have the City Attorney, Vicky Mendez, in conjunction with that Clerk, according to Joe Carollo, attacking Mayra Joli because she was a candidate for mayor. And all of you are the ones, except you because you're new, all of you are the ones orchestrating that. But Joe told me that it's a political vendetta orchestrated by Francis Suarez and Victoria Mendez. So I tell all of you, the same way you give the people the respect to come here and speak at the dais, I ask you, you give me an appointment or I come here to tell everybody that these people are charging me $3,000 because I have the audacity of defending myself from a political vendetta orchestrated by Francis Suarez, the attorney for the city, Victoria Mendez, and the front is over there, Colita. Chair King: Thank you. Ms. Joli: Todd Hannon. So back off. (COMMENTS MADE OFF THE RECORD) Chair King: Good morning. Hank Sanchez -Resnick: Good morning, I'm speaking on item DI.2, about the Underline. My name is Hank Sanchez -Resnick. I live at 3259 Gifford Lane, Miami. As a Miami resident and volunteer, I've been an advocate for bicycle and pedestrian safety at both the City and County levels since I moved to Miami in 2005. I'm a member of the Miami -Dade County Bicycle and Pedestrian Advisory Committee and president of Bike Coconut Grove. I'm here to ask for your continued support of the Underline. When I first came to Miami, it was difficult to find a safe place to ride a bike. South Florida has rates of bicyclist and pedestrian injuries and fatalities among the highest in the nation. But an important change is underway. Improved bicycling infrastructure, an emphasis on pedestrian safety, and growing awareness of the need to prioritize biking and walking, are making Miami a better and safer place for all residents and visitors, including motorists. The Underline is a critical element in this paradigm shift. The City's financial commitments to the Underline are central to its completion. Already with Phase 1 of the underline, we are seeing its transformative power. Phase 1, from the Miami River to 13th Street, has been a huge success. There are still several years of construction before the Underline is completed. Although it's true that construction of Phase 2 is disruptive, minor disruptions are worth the City of Miami Page 12 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 enormous benefits the Underline offers Miami and all its citizens. Please give the Underline your unqualified support. Thank you. Chair King: Thank you. Daniel Pat O'Connell: Good morning, Madam Commissioner -- Madam Chairwoman and Commissioner Russell. My name is Pat O'Connell and I live at 1111 Brickell Bay Drive in Commissioner Russell's District. I'm here to speak on D1.2 [sic] regarding the Underline. I ride my bike every weekend and so I know firsthand how dangerous Miami's streets can be for bicyclists. I support the Underline because it's a safe, green, linear park, a rarity in Miami, where I'll be able to ride my bicycle. I think we can take pride in the fact that the Underline is replacing every tree that needs to be uprooted with four healthy trees, contributing substantially to the reforestation of Miami. 1 support city funding for the park. In my mind, it can't be built fast enough, and I hope that you take whatever steps you can to continue that funding. Thank you. Chair King: Thank you. Julie Dick: Good morning, Chairman King -- Chairwoman King, Commissioner Russell. (COMMENTS MADE OFF THE RECORD) Ms. Dick: Yes, is that better? No, it's reaching. Julie Dick, I'm here on behalf of Dade Heritage Trust. I'm speaking in relation to the update of the tree ordinance, F.1 [sic]. We commend staff for trying to find ways to cover the cost of tree maintenance, but overall, I feel there's significant room for improvement in this tree ordinance, ways to address the state law. I think there was there are some attempts to address state preemption over dangerous trees and weakening the city ordinance here. I think there are much better examples of how that's been handled in other communities and ways that the city could more effectively handle this issue and still maintain some control and management over the tree canopy. I think there's' significant room for other improvements and I hope that this item will be delayed so that there's sufficient time to really develop some additional language and better protections within the tree ordinance itself before it comes for first hearing. And also, I believe there's widespread support for more significant tree canopy and meetings with the public and more public input could help with that as well. Thank you very much. Chair King: Thank you. Charlotte O'Connell Good morning. My name is Charlotte O'Connell. I'm a resident of Brickell. I live at 1111 Brickell Bay Drive also. I use the Underline, I'm here to support, in reference to D1.2 [sic], and I'm here to support the Underline and request the opening of the funds that have been frozen. I use the Underline to walk to work, to walk to shopping, and for safe passage on my, bike. I bike a lot. And I wanted to point out that even though it's sad to lose big and established trees, the Underline is working to re-establish more appropriate trees and walkways, and to keep the walkways safe Pr not only pedestrians and bikers, but also for people with strollers and children, anyone who might be limited and using a wheelchair. So, roots from old trees are problematic for anybody that needs a mobility that's not a car. So I just ask that you reopen the funds for the Underline so we can continue to work and make that more passable. Thankyou. Sofia Cuenca: Hi, good morning. My name is Sofia Cuenca. Address is 515 Southwest 12th Avenue, Suite 525 Miami, Florida 33130. Today I'm speaking in support of item DJ.2 on behalf of Healthy Little Havana. We are a place -based initiative focused on strengthening the Little Havana neighborhood through the social determinant of City of Miami Page 13 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 health, which includes public space. Local green spaces are critical assets for maintaining and supporting health and well-being in low-income communities, including reductions in psychological stress, fatigue, anxiety, depression, increased physical activity, and reduced obesity. And with only a 10-minute walk, a simple trolley stop, and a quick bike ride away from Little Havana, the Underline improved Little Havana's connection to trails, public green space, transit, and job opportunities. The Underline has been very intentional to ensure its Little Havana neighbors have access to the space and are involved in their related community engagement activities. With a lot of coordination, consideration, and collaboration from cross -sector partners, including Healthy Little Havana, the Underline has done an incredible job to prioritize and develop a safe place to walk, bike, and play, and we want to thank the City of Miami Commission for their continued dedication to continue bolstering this work. Thank you. Chair King: Thank you. Maite Alvarez: Good morning. My name is Maite Alvarez, 6200 Santa Mara Drive. I'm here on behalf of the University of Miami on item DI.2 in support of the Underline. The University of Miami supports the Underline and the vision of an activated world -class linear park. The Underline can transform the city and our region by providing 10 miles of safe, beautifully designed open space for residents and visitors, including many of our students, faculty, and staff that walk, bike, and run to work. 1 would like to take this opportunity to thank you, Chairwoman King, Commissioner Russell, and all of you for your support of the Underline, and as always, your support of the University of Miami. Thank you. Grace Perdomo: Good morning. Grace Perdomo, Executive Director of Transit Alliance Miami, 169 Flagler Street, Downtown. As Executive Director of Transit Alliance Miami, I lead a non-profit organization that advocates for walkable streets, bikeable neighborhoods, and better public transit throughout the county. You know us well from the Better Bus Network Project, which is the largest grassroots -led redesign of our county -- our bus countywide network. We are committed to leading the reimagining of the future of our city by expanding all opportunities that create accessible, connected, and equitable neighborhoods throughout our city. Connecting the Underline from the Miami River to Dadeland South will no doubt transform our mobility network into a system that our community can depend on now and into the future. As our great city moves forward in a post -pandemic world, delivering more equitable mobility is essential and helps drive our economic recovery and growth, and shared trails like the Underline provide a clear pathway to making permanent and lasting change. On behalf of Transit Alliance Miami, we support the Underline as a multi -use, multi -modal trail, and thank the City for their continued service. We thank you for supporting vibrant green spaces and multimodal transportation provided by the Underline and ask that you please unfreeze construction funding to continue to build Phase 2 and Phase 3 moving forward. To do so puts your words and commitments to action as a project that delivers transformative and equitable benefits to our entire community. Thank you. Renita Holmes: Good morning, Commissioners, Madam Chair, Commissioner. My name is Madam Renita Holmes, and I'd like to say the Executive Director and Founder of Wave of Women in Public Housing, Education, Finance, and Development, because that says a lot about the transition that I've made. But here, personally, I'm here because I am a person living with disability, and a senior. I celebrated my 60th birthday on January loth. For me, it was not so awesome because I lost my support animal of three years. So please pardon my sadness. But what aggravates me more than anything and hurts inc more than anything is because when you read things are to happen a certain way and they don't, that resources are provided is very frustrating. So please forgive me, my humanity. But a lot of the things City of Miami Page 14 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 I'm going through is devoid of human services because my question is, is if 1 qualify as a person with disability, if 1 qualify as a person with vouchers, if I quali as a human being, then some of the things that I've been experiencing in the toxic building that I'm living in, which many others don't have a voice here today, I represent. I just want you to imagine being out there right now in the rain, and you can't find a place because you have an animal. And this animal provides every bit of family that you are. But yet, there are rules that says these people are receiving funding and they have availability. I want you to imagine sitting out there in the rain, nearly homeless, because your building is full of mold and mildew, and you have to wear a mask inside. Now 1 want you to imagine me talking to you and then walking away and coming back next week because the situation continues. There's a gap in the use of federal funds and CDBG (Community Development Block Grant) monies. You could take a look at the budget and allocations made today. There are those of us who are existing, not just living in these spaces for lack of human services and coordination of services. PH.4 speaks to mental health. Well, housing here is a mental health issue. While I might feel half crazy, I'm not stupid. I know what I'm experiencing, but if we truly believe that, then we will know this -- Chair King: Thank you. Ms. Holmes: -- is that -- (COMMENTS MADE OFF THE RECORD) Chair King: Madam Holmes, your two minutes is up. Thank you. Thank you. (COMMENTS MADE OFF THE RECORD) Chair King: Thank you. (COMMENTS MADE OFF THE RECORD) Chair King: Thank you. Thank you. (COMMENTS MADE OFF THE RECORD) Chair King: Thank you. Good morning. Roberta Neway: Good morning. Chair King: Good morning. Ms. Neway: I'm here on item DI.2, to ask you to restore funding to the Underline. I'm Roberta Neway. I live at 1236 South Alhambra Circle, Coral Gables 33146, retired from Miami -Dade College, Wolfson Campus. The Underline is important to Miami and it's important to me for the following main reasons: first, climate. 1,000 additional trees in Phase 2 alone, and a safe, comfortable route that encourages people to walk or bike instead of get in their cars, will help mitigate climate change, and we all want that. Then there's community. Phase 1, with over 2 million visitors already, is promoting a sense of place. And this will expand exponentially with phases 2 and 3. When we walk or bike, we connect with people outside our immediate bubbles. We become more thoughtful and more accepting. We realize we're all in this together. We're all Miamians. We feel a stronger sense of belonging and pride of place. In short, we become better people in a better city. Please fully support the Underline and thank you for your time. Have a good day. Chair King: Thank you. City of Miami Page 15 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Adrian Madriz: Good morning. Adrian Madriz, 1990 Northwest 4th Court, Miami, Florida, 33136.1'm here speaking on item PH.4, and there are two things that I'd like to bring up. First, underlining everything that Madam Renita Holmes just spoke about, especially regarding the allocation of certain funds that go to existing programs but don't necessarily take into account the need that still exists outside of those programs. Those are obviously different priorities that should be covered as well by the funding that's being made available by the ARPA (American Rescue Plan Act) funds. And also, that these funds, along with any other government funds like CDBG, also be subject to a transparent and democratic process in terms of their allocation. There's been a lot of questions about how the ARPA funds have been allocated and why, for example, this particular resolution is waiving the requirements for the procedures of that allocation. But that's something that we would like to see going forward, absolutely. And then finally, one last thing 1 want to advocate for is to make sure that the job training programs at Lotus House are preserved. That's extremely important to the community. Lotus House is an institution that is -- that is absolutely a miracle that we have it and a blessing to continue to have and anything that we can do as the city to support it, I'm fully in favor of Thank you. Chair King: Thank you. Elizabeth Berglin: Hi, good morning, Chairwoman King, Commissioner Russell. My name is Elizabeth Berglin, I'm the Director of Public Policy at United Way Miami. We are located at 3250 Southwest 3rd Avenue, 33129. United Way Miami is a unique stakeholder in this conversation -- speaking to DI.2, located just two blocks north of the Vizcaya Station, our staff and clients have direct access to our campus via public transit and bus and rail. The families served by our programs on -site are more likely to below the ALICE (Assisted Limited, Income Constrained, Employed) threshold, meaning even though they're working, they struggle to get by paycheck to paycheck. They're veterans; they're families experiencing financial stability concerns, and they're parents with young children. They're less likely to own a car and to use public transit. We're at a period in our history that calls for active efforts to bridge gaps and bring people together. What better way to do that than through development of beautiful, accessible, vibrant, shared spaces that invite people to come together in a way that celebrates who we are as a community. The Underline Phase 1 provides not only a beautiful place to convene for events, but it invites a feeling of safety and security in places that usually -- that weren't beforehand. If you've ever biked or walked between Brickell and Vizcaya stations, it's not exactly welcoming. Improved lighting, information kiosks, and gathering spaces planned for Phase 2 only enhances the long-term benefits of the resource and support Jrothe entire community's investment. Every one of us stands to benefit by improved public spaces, access to healthy family activities, and revitalization of the landscaping with native plants and trees. Phase 2 extends the Underline from the bustling, Brickell Downtown to the neighborhood past the roads, and we hope that you continue to recognize the benefit of the Underline to all families in Miami. Thank you very much. Roger Terrone: Good morning, Commissioners. I am speaking to DI.2. My name is Roger Terrone. I reside at 14005 Southwest 72nd Court in Palmetto Bay. However, as a former eight year resident of Coconut Grove and for most of my 42-year career as a CPA (Certified Public Accountant) in public accounting, working from offices located Downtown, off Brickell, or on South Bay Shore Drive in the Grove, I have enduring affection for and appreciation of the Magic City. Pin the volunteer treasurer of Friends of the Underline and the Underline Management Organization. The past seven plus years, I've used my time, energy, and intellect to further the mission of these organizations. I applaud our fellow Miamians who inquire with questions, concerns, or recommendations about any aspect of the Underline. As a reminder to all our community, the Underline welcomes volunteers willing to add their voices and energy to the cause. And I want to extend my personal invitation to join us. I City of Miami Page 16 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 appreciate the fact that City Commissioners and Administration have engaged in dialogue with Underline representatives and other interested parties over the past few weeks about the flora plantings and replacements necessary to complete an open Phase 2 of the park. I believe that working together, we have addressed your questions, resolved issues, and therefore I urge you to make a decision that sends a direct, strong message to our community by unanimously voting to restore the suspended funding and reiterating your unwavering commitment and support ,for the Underline at today's Commission meeting. Thank you for listening to my comments today. Chair King: Thank you. Michelle Espinosa: Good morning. Good morning, My name is Michelle Espinosa and 1 reside at 1877 Southwest 11 th Street, 33135, and I am also an employee of United Way Miami. According -- and I am speaking to D1.2 [sic]. According to the American Community Survey, last updated March of 2021, the zip codes closest to the Underline Phase 2 construction report higher levels of car ownership, while our more densely populated zip codes, just a couple miles west, report 26 to 31 percent of residents do not own a vehicle. That's nearly three times the entire county's average of 10 percent of residents not owning a vehicle. Vehicle ownership is directly related to the the ability of travel. This limits carless families access to essential local services such as supermarkets, post offices, doctor's offices, parks, schools, and hospitals. As a Miami resident who bikes and uses public transit daily, I'm incredibly grateful to the work of the Underline. The Underline's mission to create a safer space to walk, bike, explore will not only improve accessibility to essential resources for our working families, but also increase the overall utilization of public transit, reducing carbon emissions and improving the health of our overall community. Thank you so much for listening to me today. Elaine Black: Good morning Chairwoman King. I'm very pleased to be here today and I'm here -- first of all, my name is Elaine Black from the Liberty City Trust, 4800 Northwest 12th Avenue, Miami. I'm here today in support of PH.7, which will provide the Youth Employment Program for youth within District 5 for the Summer of 2022. It's a program that provides jobs, as well as training, and we really appreciate your support. In addition, we also support PH.8, which will allow us to have a facility in the Liberty City community for events. And we also support PH.5, which will allow us to have a program that is very dear to my heart, as the automobile program that allows people to get job -- that allows people to get cars that have jobs that they cannot get to. So that's important, as well as we support PH.6, which will allow us to have programs in the Moore Park area, which is adjacent to the Liberty City area. So, thank you so very much for your support of activities within the greater Liberty City community. Thank you. Ray de la Cabada: Good morning, Commissioners. Thank you for your service and thank you for affording me the opportunity to be in front of you here today. My name is Ray de la Cabada. My home address is 34 Southwest 28th Road. Good to see you. See you, Attorney Mendez. Commissioner Russell was instrumental in -- in our neighborhood in getting some much -needed work done, and thank you for your service. I'm here to speak on the Underline. I'll give you my perspective. I won't reiterate what's been said earlier. Those were all excellent comments. I grew up in this house. I've rebuilt it. It's the -- my parents' house, and now I'm raising my family there. My office is in Brickell. I lived in Brickell Key. So, I have a unique perspective as to this area, and what the Underline is doing in reengaging what was basically wasted space, underutilized space, unsafe space, is nothing short of amazing. Please continue to support this project. I mean, as it is now, my wife and I don't feel safe walking in the Roads. It's not a well -lit area. It's a place for vagrants. What this does is it gives us a sense of community. It re -energizes the dilapidated area. And all of the City of Miami Page 17 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 other comments that 1 wholeheartedly agree on, the safety in the Roads right now with this particular project will rise to the top. So, thank you so much for your time and please continue to support the Underline. Cvnthia Primous: Good morning, Chairwoman Ms. King and good morning, Mr. Commissioner, Mr. Russell. I'm here in the strong support of PH7 also. I cannot stress the importance of the summer jobs for our youth. Having raised four children myself and having eight grandchildren, four of my grandchildren have successfully, through these programs of having a job, have grown up to continue to work. I have seen the people, the young youth in the neighborhood through this program, go to work and be able to support themselves when the school year comes in. So, this program is very important. I thank you all for having it and hope and pray that you all keep supporting it. Thank you. Chair King: Thank you. Todd B. Hannon (City Clerk): Chair, if I could just get the speaker's name. My apologies. Ma'am, if I could get your name for the record. Ms. Primous: I am so sorry. Excuse me. My name is Cynthia Primous. I'm the treasurer of Charles Hadley Association. Mr. Hannon: Thank you, ma'am. Ms. Primous: Thank you. Mr. Hannon: Thank you, ma'am. Thank you, Chair. Matt Anderson: Good morning, Madam Chair and members of the Commission. My' name is Matt Anderson. I reside at 90 Edgewater Drive and I'm here to speak on DI.2. I am the Executive Director at MCCJ, and at MCCJ we are hyper focused on embracing diversity and building an inclusive Miami. And we do this via our strategic partnerships, and one of those strategic partnerships that we really embrace, and that is innovative and inclusive, is the Underline. I first met Meg Daly on February 10, 2015, and at the time I was the chair of the New Leaders Task Force, and the Underline was a brand-new concept. Meg and her team at the Underline were really intentional about making sure that Miami's next generation of leaders had her buy -in and were felt to be included in the process. And it didn't stop there. Meg and her team had made sure that the whole community at large has been a part of the process. We all know that Miami is a tale of two cities. And right now, Miami is on the world's radar and is seen as a place where people are really thriving. But at the opposite side of the coin, we have so many people that are one flat tire away from a financial disaster and lack opportunities. Like her father, Parker Thompson, whom we can thank for the Arsht Center, Meg and her team are on path to completing a transformational project. There's no question that the Underline is going to be a destination that tourists visit as soon as they get off the plane. But more importantly, it is a meeting place for Miami's day-to-day -- Chair King: Thank you. Mr. Anderson: -- citizens to collaborate and collide. Chair King: Thank you. Thank you. Mr. Anderson: Thank you. City of Miami Page 18 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Vivian Perkins: Good morning. My name is Vivian Perkins. 1 live at 1150 Northwest 49th Street. To the Chairwoman, and to Commissioner Russell, thanks so much for keeping us safe as you have. Most of all, I want to say PH.5, I'm in favor of PH.5, 6, 7, 8, everything to do with the community that will uplift people. Most of all, PH.5 also helps people get to work. That's one thing that's needed in this -- this society today. So, this is very vital, vital to us. 6, 7 -- 7 is for our youth, and our youth is much needed to work. I remember working so when I was a kid in my very first job at Sears and Roboto. And the excitement now to see that Sears is hanging in there. But most of all, our children, we need to employ more of them. So, this program is very needed. Now the kitchen hall program for the incubator, we really need to feed the hungry. I paean the hungry people are everywhere, children, babies, people. We need to get this done. And most of all, I want to thank and welcome our iconic Christine King. Thank you. Kurt Kaminer: Chair King, thank you very much. My name is Kurt Kaminer. I reside at 4370 Southwest 13th Terrace and I'm here to speak on DL2. I've lived in Miami here for nearly 34 years. My parents took me to ride on the Ipath when I was little, and I still use it as a commuter tool today. And it really wasn't until Meg Daly came forth that anyone really thought to take this historically under -recognized path and improve it, and isn't -- and to such an unbelievable scale, really truly unbelievable scale. And it's very rare that this actually conies forth, you know, from a single resident really, and becomes something like this in the ground, really. However, 1 believe the matter of tree removal, or rather the fear of tree removal, has brought us all here today to plead its case because of the City's temporarily freezing of the funds. And 1 really do believe the Underline has done more than their due diligence, going all the way back to 2015, to taking public input and everything, really make this as transparent as possible. And I went down to see the construction myself too. And if anything, I saw much greater care being executed to protect existing trees, with orange mesh fencing, than I saw of any trees removed. And importantly, anybody who's been part of these prior planning meetings and has seen a Miami -Dade fact sheet, will know that, as many others have pointed out here, there's over a thousand trees being added in this project. And if anything, I'd be very disappointed to see this unwarranted fear of tree removal cause further roadblocks to this project, and I sincerely hope that the City Commission will consider removing the block on the funding. Thank you very much. Samuel Latimore: Good morning. Madam Chairwoman Christine King, welcome. Chair King: Good morning, Professor Lattimore. How are you? Mr. Latimore: Happy New Year and a blessed New Year to you, Mr. Russell and Ms. Mendez, Mr. Zerry, and all of the staff. We want to welcome you to this great New Year. I'm here as a proponent for, first of all,, I live at 937 Northwest 55 Street, Miami, Florida. My family has been living there since 1959, and so you can say that they've been a long-time resident. I'm also the president of the Charles Hadley Neighborhood Association, circa 1972, one of the oldest homeowners associations in the City of Miami. I'm here as a proponent for PH 1, PH 7, which deals with the employment program offered by the Liberty City Trust. I've been watching that and dealing with that program for a number of years, and they have successfully placed young men and women in jobs they would never have been able to get. Number two, I want to recommend and approve -- and actually approve, the kitchen incubator and the community dining room. That would be a necessary and a highlighted area for us. And lastly, I want to -- to recognize and suggest that you vote for, and I have it here, the other one that has to do with the wheels to work program. I sincerely thank you for the opportunity and look forward to you approving the oath. Have a nice day. Chair King: Thank you, Professor Lattimore. City of Miami Page 19 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Stanley Young: Thank you, Commissioner. I really thank you today for receiving me. My name is Chaplain Stanley Young. I'm a chaplain here in Miami -Dade County. I live at 2020 1st Avenue. When I -- a lot of you know my testimony when I first came to this county. I was very excited, butt was -- came to a shocking conclusion that 1 didn't have the funds that it takes to actually own and possess a home of my own. And there's a very bad need here in the county, in the city, to develop housing. You know, Miami is not like Los Angeles or New York, where they ran out of land, they didn't have no land to develop. But Florida still has a lot of undeveloped land to develop land for housing for people in this city and in this county. I don't know why they are not developing this land. I am for the PH.1 and the PH.2, as sort of a broad kind of a proposal for housing and community development. There's a lot in that. We need housing here in Miami -Dade County. I'm going to continue coming down here when you're having discussions concerning housing in Miami and in the county. It is ironic today that the county is also talking about this very issue, about homelessness, and housing in the countv and the city. We need housing, sir, ma'am. We really need someone to champion and get behind developing housing. We need housing partners. We need housing for the citizens of this great city. I wish that you will continue to look into this matter, that you will continue to do -- Chair King: Thank you. Mr. Young: -- what you need to do. Thank you very much. Cary Johnson: Good morning, Commissioners, also the other people that's working with the Commission. My name is Cary Johnson. 1 live at 29 Northwest 52nd Street, Miami, Florida. I'm here on PH.7, for the employment of the summer youth, and we need that necessary in the neighborhoods to keep crime down, keep the youth doing something, educate them more in what they need to be doing for a future life, and this would help out in curbing some of the crime and everything else in the neighborhood. I'm also here for PH8, which is the kitchen and (UNINTELLIGIBLE) for the community in the dining hall, to produce something where people can work and people can feed other people that's necessary to have a place to go when they want to have, you know, an hour or get together or be together in something, okay? And this is something that's, you know, for the future. Also, for PH.5, which is a wheels to work program, which helps out people getting to work and people that's older, that's aged, or can't get out, or can't get out on their own, or don't drive, and they still need to get around the city, and still need to get around to do things that's necessary for them to be able to, you know, whether it's shopping or whether it's going out to different community activities or whatever it may be. But I support all three of those PH (Public Hearing) items. Thank you. Chair King: Thank you. Martha Akins: Good morning. Martha Akens and I reside at 6042 Southwest 159th Court. I am the Senior Director of Facilities at Vizcaya Museum and Gardens, and I oversee the capital projects at Vizcaya, including the revitalization of the village, which will be positively impacted by the Underline. Therefore, I am here to provide Vizcaya's full support of the Underline. Vizcaya is in the process of renovating the 11 historic buildings of the Vizcaya Village, located directly across US 1 from the Vizcaya Metrorail Station with the goal of opening the village to the public and creating a needed community hub. On 32nd Road, which is the north side of the village, there will be a new pedestrian and cyclist access, and this will directly connect to the Metro Rail and the Underline, thanks to the existing pedestrian ramp. We have been working on this project and the Vizcaya Plaza in close collaboration with the Underline team, as we have the shared goal of improving the neighborhood for residents and visitors. The Underline will create an incredible public park with the diversity of native plants, and a new space for community gatherings. It will enhance City of Miami Page 20 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 the vitality, sustainability, and safety of our community. It will provide information about Vizcaya and opportunities for passersby to learn about Miami and encourage them to engage in its rich cultural offerings. This project is a shining example and great advertisement for the City of Miami, living here, working here, and relaxing here. I would like to thank you, Chairwoman King, and Commissioners, for your continued support of vibrant green spaces and multimodal transportation provided by the Underline. I'd also like to thank you for your consideration in unfreezing the construction funding for this very important project. Chair King: Thank you. Ms. Akins: Thank you. Michael March: Hi, good morning. My name is Mike March. 1 live in the West Grove at 3586 Charles Avenue. 17n here to speak against item PZ.1. I've also submitted a letter to go into the record to that effect. This legislation gives developers FLR and density bonuses in projects which contain mixed -income housing, paving the way for such projects to be built directly next to T3, or single-family neighborhoods such as mine. In order for such a project to do this, it would have to be granted a special exemption from the Commission, which prompts the question, in which neighborhoods would the Commission be willing to grant such exceptions. Would such a project go into the historically White South or North groves? No, because those neighborhoods are fill of activists who hold their low -density, single-family neighborhoods sacred. In those neighborhoods, they fight valiantly to protect their property rights, as well as their property values. Would such a project go into the historically Black West Grove? Yes, 1 could easily see a project being approved for an exception there. In the West Grove, we have activists who don't necessarily live in the neighborhood, but they claim to speak for everyone, and they ask to be paid off with a ransom of sorts in the form of a CBA or a community benefits agreement. Our neighbors in the North and South Grove don't seem to mind if we get upzoned here in the West Grove. They seem to care more about whether our new buildings will have Bahamian architecture. I think they prefer that any added density goes into our neighborhood rather than into theirs. Since I value the character of my single family -zoned neighborhood, I ask you ladies and gentlemen to please vote against iteni PZ.1. Chair King: Thank you. Julia Pulles: Hello Commissioners and Chairwoman King. I'm Julia Pulles. My office address is 4000 Ponce de Leon, Suite 700. I'm here with regard to the Underline D1.2 [sic]. Thank you for carefully listening to us as well as the experts that are going to speak to you later. More than 60 years ago, my parents, my husband, and my husband's parents immigrated from Cuba. Over 50 years ago, my in-laws purchased the home my husband grew up in in Silver Bluff My mother-in-law has recently passed, and we have decided to keep that home and eventually age in place here. The Underline will provide us with a safe corridor with the added lighting and the infusion of native landscaping, together with safe cycling and walking areas, will allow our family, residents and visitors alike to safely access local businesses and a host of additional economic, environmental and physical benefits. We are grateful for the immediate impact that the Underline has already had on our beautiful city, not to mention the additional national recognition and respect it is garnering. So, if it's a child in a family on bicycles, or a senior that's power walking, or someone that is in a wheelchair, this respected endeavor will enhance the quality of life and safety of all residents and visitors. Given that 50 percent, that is five out of a ten mile stretch, is in your hands, we respectfully request that you protect, nurture, and move this forward to its fullest extent. Thank you for listening and taking to heart the full impact of this project by unfreezing the construction. funding. Thank you. Madam City of Miami Page 21 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Chair King: Thank you. Pamela Weller: Madan Chair, Commissioners, my name is Pamela Weller. I reside at 1 Grove Isle in Miami. I'm here representing Bayside Marketplace, who's celebrating their 35th year, this year in April. I'm representing 189 tenants that do business at Bayside Marketplace, and I'm here on SR.2. I'm not sure if anyone saw the news but on December 25th, we had over 250 people, most of them on scooters, disrupt the entire property, and I was amazed because on 11/29, this commission passed a 3-1 resolution that you were reinstating the pilot program and you recommended safety measures. But those measures never took place. No one polices those measurements. And because it wasn't implemented, our business owners lost a lot of money; 40 police officers were called to the scene at the cost of $5,184 for the police officers, and I don't even have a number of how much we lost at Bayside Marketplace, and our tenants, because we had practically closed down. All we're asking, and we don't have a problem with scooters, we're asking that you maintain the program that you came here with, and you said that you would have safety. We're asking for your geofence. We're asking for safety and risk management issues to be addressed, and I don't think that's too much. You said that you made $2 million last year in the scooter program. Why can't you spend some of that in policing this program? That's all we're asking. I - - I really think that you need to do your due diligence and I think the operators that don't follow your plans, which came out 11/29, you need to do something about it. It's not right to the business owners. 35 years, guys. 35 years. Thank you. Chair King: Thank you. Constance Collins: Yes, thank you. Constance Collins, Executive Director of the Lotus House Women's' Shelter. I'm here to speak in support of PH4, sponsored by Mayor Suarez and Commissioner Reyes, providing life -changing funding for the vocational and educational programs that we have at Lotus House. I want to say that we're celebrating 15 years of service this year, over 8,000 women and children sheltered by Lotus House. Of that number 4,000 children. This past two years has been exceedingly difficult for our shelter. We have seen a 37 percent increase in reported domestic violence. We know that violence is the lead cause of homelessness for women and children. This past year we sheltered 1,548 women and children, and of that, 756 were our little ones. 490 between the age of 0 and 5. We urge you to provide this important funding support for the shelter so that our moms, so that the women that we serve who are in need, can get to work and have the kind of quality of life we all hope to enjoy. Thank you. Lola Capers: Good afternoon. My, name is Lola Capers and I'm with Community Awareness Construction Services. I'd like to say thank you for the opportunity, Chairwoman Christina [sic] King, Commissioner Kenneth Russell. I'm here to support two of the items that's on the agenda. PZ.1 for the redevelopment of Rainbow Villa/Gwen Cherry 23. The reason being is that that building is in bad condition. I'm there doing community service now, and the staircase and the steel has been deteriorating. PHCD (Public Housing & Community Development) has been trying to repair them, but the building is not -- is in very poor living condition. I'm also here to support PIL4. PH.4 is a part of the various homeless shelters. I work with the Camillus House on construction training for the homeless. We have been very successful with that program. We have been able to get them jobs. We have been able to also get them on-the-job training while they're in class receiving a stipend. So, I'm looking for the commissioners to please give PH4 and PD.1 [sic] your support. Thank you. Arturo Vidal: Hi, commissioners. My name is Arturo Vidal and I am the Vice President of Finance for Oak Capital. We are a local developer here in Miami and I am here to support, in favor, of PZ.1. We currently, for the last five years, have owned City of Miami Page 22 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 around two acres of land, undeveloped land, in Little Haiti, in the Northwest 2nd Avenue corridor. And we have been wanting to develop affordable and also attainable nixed -income housing, but because our land parcels are abutting T3, we have not been able to develop mixed -- affordable housing. I am sure a lot of developers are also sitting in undeveloped land that is currently unproductive and would be better served as affordable housing. So, I am here to advocate in favor of PZ.1. Thank you for your time. Kendra Smith: Good morning. My name is Kendra Smith and I'm here to let you guys know I really support PZ.1 and thank you. Chair King: Thank you. Thank you. Okay, thank you. Meg Daly: Hello, I'm Meg Daly, founder of Friends of the Underline. I live at 1004 Kotoro, and work in Brickell. And I'm here just to say I'm looking forward to snake a presentation to you this afternoon regarding the Underline Phase 2 construction updates, as well as the tree replacements for the tree removal, as well as the landscaping plan. I'll be joined by my colleague at the County. Irene Hegedus. But I also want to thank the many people who came out this morning, did not go to work, to show their enthusiasm for this project and to encourage this Commission to make sure that the Underline project continues with your support. Thank you and I'll see you this afternoon. Chair King: Thank you. Jeff Weinberger: Good morning, Commissioners. I'm Jeff Weinberger, founder of the October 22nd Alliance to End Homelessness. The first time 1 appeared before you, three months ago, I spoke in opposition to a ban on homeless encampments, which criminalizes people who desperately need housing. I'm here this morning to raise concerns about people who may barely be hanging on to housing, who soon may be living on sidewalks and under bridges, as too many already do. That's because last month you passed Resolution RE.4, directing the City Manager to move forward -- forward with the purchase of a property and two buildings at 1510 Southwest 7th Street in Commissioner Carollo's district. The resolution, which the Commissioner introduced, unfortunately passed without debate. I say unfortunately because there is much reason to be concerned about this very fishy looking deal and you need to be open and accountable regarding a number of questions about this pending purchase. Why are you intending to buy this building at all, which is currently the home of nine different tenants? Do you already have a deal in place to flip the building to a developer? Two. Why do you plan on demolishing this building as can be inferred from the language in the resolution which includes demolition in the cost? Three. Why did you propose spending a 1,060,000 for this property, forty percent above the County Property Appraiser's estimated market value, and $200,000 above the estimated value arrived at by the two appraisers the City was statutorily compelled to hire. You have a lot of explaining to do before this deal should move forward, and if you can't provide satisfactory answers, then the deal shouldn't proceed. Joe Carrollo has recently expressed concern about struggling residents in Little Havana in these meetings. Is evicting low-income tenants from a building in Little Havana by means of some backroom deal an expression of such concern? I and a lot of other people don't think so -- Chair King: Thank you. Mr. Weinberger: Please respond to my questions or terminate the deal. Chair King: Thank you. Mr. Weinberger: Thank you. City of Miami Page 23 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Beverly Thyballe: Good morning Chairwoman and Commissioners. My name is Beverly Thyballe and I'm an advocate for PZ.1. The community needs that. It's --1 did nay services around there to help them out and the place is very unlivable. There's a lot of tenants been crying and complaining about how it is, and I'm here to support and for you guys to do the best you can to help them out. Thank you. Elder Paniagua: Hello, good morning. Thank you for having me. My name is Elder Paniagua. I reside at 811 Northwest 43rd Avenue. I'm speaking on behalf of Bayside. I'm the head of security for Bayside. I'm not against the scooters. I believe it's effective for its purpose. However, it's not effective, and the organization of the operation is just so unorganized. Very unsafe for pedestrians walking along the sidewalks, clutter of scooters everywhere, thrown on the floor, et cetera, et cetera. Just on Christmas alone, like Pamela Weller from Bayside was saying, we had over 40 police officers responding to chaos in the mall because all these scooter riders were just causing chaos in the mall. I think if we could, you know, the operators can limit the scooter speeds, better lock them, put them in place, have better mechanism to put these scooters in place, better geofencing in areas like Bayside Marketplace, where we have children and customers. I mean, we've experienced so many incidents at Bayside just because of these scooters. And -- and better policing of these violators that are constantly, you know, just doing whatever they want with these scooters. Thank you for listening. Thank you. Albert Miller.: Good morning. My name is Albert Miller, and 1 am an employee of Community Awareness Construction Services. I also am a graduate of the FIU (Florida International University) Construction Program. I'm here to speak to article PH.4, as well as support it. I ask and I state that the program has been an immeasurable difference in my life. It's made a big impact. And I ask that the Commissioners continue to support it. Thank you. Frankie Ruiz: Good morning. Frankie Ruiz, 3575 West Blanco Street. Just want to quickly express my support for the Underline and I'd encourage the funds to be released so that that project can continue to move as fast as it's moving. I trust Meg and I've paid attention to the plans and certainly, from a green space or a landscaping perspective, it's certainly much better than anything we have ever had in that area. Thank you. Chair King: Thank you. Kevin Ameznga: Good morning, Commissioners. My name is Kevin Ameznga. I am representing the Miami Riders Alliance, a non-profit advocating for safer streets and better public transportation here in Miami -Dade County. I am here to speak in support of the Underline -- from 2103 Coral Way, Floor 2, Miami Florida 33145. Our organization has worked with the Underline extensively. We really support the mission of the Underline. This is a project that has an impact of hundreds of thousands of Miami -Dade County residents, five miles of which is located within the gorgeous City of Miami, of which we're a proud small business in. Our organization supports the Underline because it also supports multimodal infrastructure in Miami - Dade County which is so sorely needed. We cannot keep building for cars in the City of Miami because we don't have the space for it. We need more development that encourages the use of bicycles, scooters, and even walking, for those who don't have cars and those who don't want to use cars. I'm a driver myself and I can tell you if I don't have to use my car, I really don't want to, and that gets drivers off the roads. I would also like to speak in support of scooters, but I also would like to encourage the Commissioners to set a precedent in the city, and also to dedicate infrastructure funding to the infrastructure that this scooter program needs to exist successfully. We need dedicated funding for more bike lanes in Downtown Miami, Brickell, and other neighborhoods in which the scooters operate, and we also need dedicated crowd parking. And I'll tell you, I actually went to St. Petersburg, Florida, and they're City of Miami Page 24 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 actually doing a much better job at scooter parking than we are, and that's frankly sad. We need better scooter parking, and we need buy -in ,from all of the city's instrumentalities, including the MPA (Miami Parking Authority), the Miami Police Department, and everybody needs to come together and clarify who does what, and also how we're going to get this done. And that's really important, and it's necessary for the city, and we need this program to survive. Thankyou. Chair King: Thank you. James Torres: Good morning. James Torres, President of DNA (Downtown Neighbors Alliance). I have some videos that 1 want to show as it relates to SR.2, 11136, FR.5, 11135, as it relates to the scooter program. We're once again asking -- I'm waiting for the, there we go, okay, give me a second. So, we were all gathered here back in November 29th, as Pam Weller stated, and her Chief of Security as well, on the scooter program. It did pass in terms of its writing, but if you look on the screen, you're going to see the issues that keep occurring. This is on a regular basis. This happened after the 29th of November, and a lot of these complaints are falling on deaf ears. The quality of life is being impacted. The scooter companies are literally doing whatever they want to do, not what the directive has been from the City Commission. I want to be very clear on that. The directive that you folks gave is not being adhered to it or followed. A lot of pressure is being placed on the Miami PD (Police Department). Miami PD is not the police of these items. Kevin Ledesma made a comment about it. Why isn't that being done? You keep looking at the photos of what's being left around, double riders, no helmets, people doing whatever they want, and it's a constant issue that it seems like Commission is not paying attention to what's happening. As we move on, you're going to see some videos that will come up. This one's my favorite, underage driver with the dad. I don't understand how that was approved. So, what are we going to do about it? That's the biggest question. And it keeps falling on deaf ears and the videos are not loading, but I do really want to show you those. Ifyou -- go ahead. They're only 10 second clips. Chair King: The two minutes is up and I've been very strict about that so I don't want it to -- Mr. Torres: Can I show you at least one of them. Chair King: I don't want to seem as if I'm giving favoritism to anyone and others are waiting. So, thank you. Mr. Torres: Okay. See I would have been done with the video because it was only four seconds. Chair King: Okay. Mr. Torres: But I'm going to leave them here so you guys can figure that out. Chair King: Right. You left them with it. Mr. Torres: But again, we're asking for the program to be stopped. Please. Chair King: We got it. Thank you. Mr. Torres: Thankyou. Chair King: Thank you. City of Miami Page 25 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Hilda Fernandez: Good morning. Hilda Fernandez, Camillus House, 1603 Northwest 7th Avenue, speaking on agenda item PH.4, sponsored by Mayor Suarez and Commissioner Reyes. We want to echo Constance Collins in thanking the City Commission for embracing funding to support proven strategies that assist in moving homeless persons into housing stability. The allocation of ARPA funding as proposed, is going to build on effective approaches that have provided training so that homeless individuals have been able to secure jobs as chefs in restaurants like Cheesecake Factory in Novocento, and today are helping build housing and commercial buildings that are changing our city's skyline through the employment training programs that we do for construction trades. It funds alternative options to help the street homeless access housing, especially when they are shelter resistant, with mobile teams that will help them complete the paperwork and qualify to move them from the street directly into housing when that is the best way to do it. It influences important services to help clients that do move into housing retain that housing by providing onsite mental health services. It's been ahnost 62 years since we served a bowl of cereal to our first client, a Cuban exile who was homeless. Today, last year, we provided more than 104,000 bed nights in emergency housing. Along the way, we served more than 609 women, 552 children, 2,030 family households, provided homeless prevention assistance to 130 families, served 221 veterans, 42 homeless youth, so forth and so on. There are a lot of services available. We thank you very much for making sure that the ones that are making the difference continue to be funded. Chair King: Thank you. Thelma Gibson: Let me say good morning and happy New Year to all of you. I want to congratulate the new chairperson. So happy to have you here. I'm Thelma Anderson Gibson at 3661 Franklin Avenue, Coconut Grove. I am a native and I'm here to speak for behalf of PZ.1 and I'm asking the Commissioners, my, Commissioner who sponsors it along with our Mayor, to actually approve this item today. Primarily because affordable housing and workforce housing is so needed in our area. I live in a little section that we used to call colored town and now it is so the colored people are not there anymore. Very few of us are still around, and so I believe that one of the ways of keeping us here is to have more affordable and workforce housing and PZ.1 speaks to that. I represent Christ Episcopal Church, which is 121 years old, and GUTS, Grovites United to Survive, is a group that purchased some land on Grand Avenue and has now been turned over -- released to Urban Corps, which comes under Urban League. And we are so proud of what we have been able to accomplish in these three years. We were told the churches own more than 40 percent of the vacant lots here in Coconut Grove. Our church, the priest who's here, Father Archer, and his group, the (UNINTELLIGIBLE), I was not in that. I'm not a -- you know, I'm a member and I stay out of everything unless I'm asked to do something. So, I usually have to have people know that I speak on behalf of the church primarily because I love it. I was baptized here on March the 7th -- 20th of 1927 and so this year I will have been a member for 95 years. So, I just have to have everybody know how happy to be. Applause. Chair King: God bless you. Thank you for coming and thank you jbr your support. Ms. Gibson: That's why I'm here. Chair King: Thank you. Ms. Gibson: On behalf of PZ.1, thank you so much. Chair King: Thank you. City of Miami Page 26 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Commissioner Russell: Thank you, Commissioner Gibson. Barbara Lang: My name is Barbara Lang. My address is 3901 Berganza Avenue, Coconut Grove. I'm here on the tree ordinance, SL.1 [sic]. I understand it's not here to pass today, but my review, and I just saw it the other night, is that this is a lessening and a weakening of the tree ordinance. And I live in Coconut Grove, the Commissioner that represents me lives in Coconut Grove, and I'm wondering, some people in Coconut Grove love their trees, why we are weakening the tree ordinance at this time and how on earth did this get weakened, who promoted it, and I think also you need to have community meetings to explain to us why this is being done. Everybody I've talked to about it is shocked that this is happening. And the only reason we found out about it is because it was in the Grove Spotlight. So, can we have some answers? Not now? Commissioner Russell: Madam Chairwoman, thank you. Now is not the time for a back and forth on an item for the future legislation, but we did pass an ordinance several years ago that does not allow a non -sponsored item just to come to Commission. So, it's given a 60-day delay. Ms. Lang: Okay. Commissioner Russell: So, this is doing exactly what it's meant to do. You've now seen it before it comes to us. It's got two months for public involvement even before it comes to the Commission, but at this point this item doesn't even have a sponsor. Ms. Lang: Commissioner Russell: Okay. So it's the Administration. Ms. Lang: So, thank you. Chair King: Right, it's just intended to give the public notice of what's to come. Ms. Lang: Okay. Chair King: What we're considering. Commissioner Russell: I'm glad -- and my office to work with the community to better understand how this is going to affect us if it passes at all. Ms. Lang: Okay, thank you. Chair King: Thank you. Thank you. Ms. Lang: And I wanted to say, Commissioner King, it's lovely seeing you up there. Chair King: Thank you. Thank you. Ms. Lang: Thank you. Chair King: At this time, we're going to close the public comment. City of Miami Page 27 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 AM - APPROVING THE MINUTES OF THE FOLLOWING MEETING: MV - MAYORAL VETO(ES) NO MAYORAL VETOES There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. END OF MAYORAL VETO(ES) City of Miami Page 28 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo CA.1 RESOLUTION 10979 Department of Procurement A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED ON FEBRUARY 18, 2021 PURSUANT TO INVITATION FOR BID ("IFB") NO. 1254386 FROM RESPONSIVE AND RESPONSIBLE BIDDERS BIORESPONSE, CORP., A FLORIDA PROFIT CORPORATION, JRP & SONS CORPORATION D/B/A FL CLEANUP, A FLORIDA PROFIT CORPORATION, AND MUMA SA LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR THE IFB GROUP 5 PRE -QUALIFIED POOL OF VENDORS FOR THE PROVISION OF BIO-HAZARDOUS WASTE, SPILLS, AND DECONTAMINATION SERVICES, ON AN AS NEEDED BASIS, CITYWIDE FOR AN INITIAL TERM OF TWO (2) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE END USER DEPARTMENTS AND SUCH OTHER SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0001 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.1, please see "End of Consent Agenda." City of Miami Page 29 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 CA.2 RESOLUTION 11189 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION FINDING THAT THE NOVEL CORONAVIRUS 2019 PANDEMIC HAS CAUSED A FORCE MAJEURE DELAY OF THE PERFORMANCE OF RIVERSIDE WHARF, LLC'S ("TENANT") OBLIGATION TO OBTAIN PERMITS FOR THE PROPOSED DEVELOPMENT OF THE CITY -OWNED PROPERTY LOCATED AT 236 AND 298 SOUTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, 33130 ("PROPERTY"), WHICH IS CURRENTLY LEASED TO THE TENANT ("PROJECT"); AUTHORIZING AN EXTENSION OF THE FOUR (4) YEAR DEADLINE TO OBTAIN NECESSARY BUILDING PERMITS CONTAINED IN SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE PROJECT FOR AN ADDITIONAL EIGHTEEN (18) MONTHS; DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO FORMALIZE SUCH EXTENSION; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE LEASE OF THE PROPERTY BETWEEN THE TENANT AND THE CITY OF MIAMI, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SETTING FORTH REVISED DEADLINES FOR PLAN SUBMITTAL, CONSTRUCTION COMMENCEMENT, AND CONSTRUCTION COMPLETION CONSISTENT WITH THE EXTENSION AUTHORIZED HEREIN. ENACTMENT NUMBER: R-22-0002 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see "End of Consent Agenda." CA.3 RESOLUTION 10794 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR THE INSTALLATION OF WAYFINDING KIOSKS ON FDOT RIGHT-OF- WAY WITHIN THE CITY OF MIAMI. ENACTMENT NUMBER: R-22-0003 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.3, please see "End of Consent Agenda." City of Miami Page 30 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 CA.4 RESOLUTION 11031 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A PERPETUAL SIDEWALK EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FROM DT MIAMI LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF PUBLIC PEDESTRIAN ACCESS TO PORTIONS OF SIDEWALKS CONSTRUCTED ON NORTHWEST 1ST AVENUE, NORTHWEST 3RD STREET, NORTHWEST 5 STREET, AND NORTHWEST 6TH STREET, MIAMI, FLORIDA. ENACTMENT NUMBER: R-22-0004 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.4, please see "End of Consent Agenda." CA.5 RESOLUTION 11187 Department of Resilience and Public Works CA.6 11029 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING TWO (2) RIGHT-OF-WAY DEEDS OF DEDICATION AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED (COLLECTIVELY, "DEEDS"), FOR RIGHT- OF-WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN COPIES OF THE DEEDS. ENACTMENT NUMBER: R-22-0005 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.5, please see "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "FY 2022 SPEED/AGGRESSIVE DRIVING ENFORCEMENT SATURATION PATROL PROJECT"; ACCEPTING A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") IN THE AMOUNT OF $270,000.00 ("FUNDS") WITH NO CITY OF MIAMI MATCH REQUIRED; APPROPRIATING THE FUNDS TO THE MIAMI POLICE DEPARTMENT TO PROVIDE RESOURCES FOR SPEED/AGGRESSIVE DRIVING DETERRENCE AND EDUCATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FDOT; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE OR ANY OTHER DESIGNEE TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF THE GRANT. ENACTMENT NUMBER: R-22-0006 This matter was ADOPTED on the Consent Agenda. City of Miami Page 31 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 CA.7 11039 Department of Police CA.8 11040 Department of Police Note for the Record: For minutes referencing Item Number CA.6, please see "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "FY 2021 COPS OFFICE LAW ENFORCEMENT MENTAL HEALTH AND WELLNESS ACT ('LEMHWA') PROGRAM"; AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT TO ACCEPT GRANT FUNDS IN THE AMOUNT OF $124,268.00, WITH NO REQUIRED LOCAL MATCH, AND APPROPRIATING THE SAID FUNDS TO THE MIAMI POLICE DEPARTMENT'S PEER EXPANSION PROJECT FOR THE PROVISION OF SIXTY (60) ADDITIONAL PEER SUPPORT PROGRAM MEMBERS AND PROCURE A CUSTOMIZED CORDICO MOBILE APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE OR OTHER DESIGNEE TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ADMINISTRATION OF THE GRANT. ENACTMENT NUMBER: R-22-0007 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.7, please see "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "BJA FY 21 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ('JAG') PROGRAM"; AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE ("GRANTOR") IN THE AMOUNT OF $249,360.00, WITH NO LOCAL MATCH REQUIRED, AND APPROPRIATE SAID AWARD TO THE MIAMI POLICE DEPARTMENT TO PROVIDE FUNDING FOR PLANNING, EVALUATING, TECHNICAL ASSISTANCE, AND CONTRACTUAL SUPPORT FOR THE IMPLEMENTATION OF THE MIAMI OPEN DATA PORTAL INITIATIVE; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AWARD AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE GRANTOR; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE OR OTHER DESIGNEE TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF THE GRANT. ENACTMENT NUMBER: R-22-0008 City of Miami Page 32 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 CA.9 11160 Department of Police CA.10 11131 Department of Police This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.8, please see "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A GRANT AWARD FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, DIVISION OF VICTIM SERVICES AND ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "2021-2022 VICTIMS OF CRIME ACT ('VOCA') GRANT" CONSISTING OF SAID GRANT IN AN AMOUNT NOT TO EXCEED $571,677.00, WITH NO MATCHING FUNDS REQUIRED, TO PROVIDE FUNDING FOR PERSONNEL SERVICES AND OPERATIONAL EXPENSES OF EIGHT (8) FULL-TIME ADVOCATE POSITIONS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT AS WELL AS ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE AND ADMINISTRATION OF THE GRANT. ENACTMENT NUMBER: R-22-0009 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.9, please see "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "MIAMI IMPAIRED DRIVING ENFORCEMENT PROJECT"; ACCEPTING A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") IN THE AMOUNT OF $90,000.00 ("FUNDS") WITH NO MATCHING FUNDS REQUIRED; APPROPRIATING THE FUNDS TO THE MIAMI POLICE DEPARTMENT TO PROVIDE RESOURCES FOR ENFORCEMENT INITIATIVES TO REDUCE INCIDENTS OF IMPAIRED DRIVING AND ESTABLISH A HIGHWAY SAFETY CAMPAIGN; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FDOT; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE OR ANY OTHER DESIGNEE TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF THE GRANT AWARD. ENACTMENT NUMBER: R-22-0010 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.10, please see "End of Consent Agenda." City of Miami Page 33 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 CA.11 11132 Department of Police CA.12 11266 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $139,413.19 FOR A ONE-YEAR PERIOD TO THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE, COUNTY COURT STANDBY PROGRAM FROM THE DEPARTMENT OF POLICE'S GENERAL OPERATING BUDGET, ACCOUNT NO. 00001.191501.534000.0000.00000. ENACTMENT NUMBER: R-22-0011 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.11, please see "End of Consent Agenda." RESOLUTION - Item Pulled from Conseni A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, PURSUANT TO CHAPTER 62, ARTICLE XVI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ART IN PUBLIC PLACES", APPROVING THE SELECTION OF THE TOP SHORTLISTED ARTISTS IN ACCORDANCE WITH SECTION 62-658 OF THE CITY CODE TO CREATE DESIGN PROPOSALS AS PART OF A CALL TO ARTISTS FOR THE INTEGRATION OF PUBLIC ART ON A PARCEL ZONED "CS", CIVIC SPACE TRANSECT ZONE, LOCATED AT APPROXIMATELY 5665 SOUTHWEST 3 STREET, MIAMI, FLORIDA, ALSO KNOWN AS THE CITY OF MIAMI'S ("CITY") BAY OF PIGS MEMORIAL PARK ("PROPERTY"); FURTHER APPROVING THE FINAL SELECTION OF A PUBLIC ART INSTALLATION FOR THE PROPERTY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO CONTRACTS ASSOCIATED WITH THE COMMISSIONING AND INSTALLATION OF THE ART, ALL IN FORM ACCEPTABLE TO THE CITY ATTORNEY; MAKING FINDINGS AND REQUIREMENTS; RATIFYING, APPROVING, AND CONFIRMING ALL ACTIONS RELATED TO THE COMMISSIONING, INSTALLATION, AND FUNDING OF PUBLIC ART WITHIN THE CITY BY THE AIPPB, THE CITY'S PLANNING DEPARTMENT, AND OTHER CERTAIN CITY OFFICIAL AND DEPARTMENTS FROM JANUARY 12, 2017, THE DATE THE CITY'S PUBLIC ART PROGRAM WAS ENACTED VIA ORDINANCE NOS. 13656 AND 13657, THROUGH THE DATE THIS RESOLUTION IS ENACTED. ENACTMENT NUMBER: R-22-0015 City of Miami Page 34 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number CA.12, please see "Order of the Day" and "End of Consent Agenda." Chair King: Now let's take up CA.12. Commissioner Reyes: Yes, ma'am. Thank you very much, ma'am. I -- I would like to make -- I would like to also -- later on because there is a companion also -- there is a companion legislation with it and I think we should take FR.3 first and then do -- I mean, CA (Consent Agenda) because they are -- they -- one goes with the other one. If we don't pass FR.3, we cannot pass CA.2 [sic]. [Later...] Commissioner Diaz de la Portilla: I move CA.12. Commissioner Reyes: Now CA.12, I want to make an amendment to it. I'm moving to reject the recommendation of the board and move forward with the recommendation of the ranking committee, which is Nilda Comas in first place. Commissioner Diaz de la Portilla: I second that. Cesar Garcia -Pons (Planning Director): Madam Chair. So, there are a couple of -- commissioner, there are a couple of items that we're going to put into the record that the agenda has some blanks based on the AIPP (Art in Public Places) meeting that we had on January the 10th. So, what I just gave to the Clerk was the update of the results of the January I0th meeting, which is what the Commissioner is referring to now. And the results are, as the Commissioner mentioned, the AIPP Board recommended Xavier Cortada with Nilda Comas as second. And that is reflected in the handout on page -- in the handout, and it's also now in the resolution so that you have it updated just for the record. Commissioner Reyes: For the record, and what we're doing is rejecting that recommendation and -- and move forward with a recommendation of the ranking committee. Moved by -- by -- I second. Commissioner Diaz de la Portilla: Yes, I had moved it already. Commissioner Reyes: I second it. Commissioner Diaz de la Portilla: Aye. Commissioner Russell: Aye. Todd B. Hannon (City Clerk): And that's with the amendment. Commissioner Reyes: With the amendment. Mr. Hannon: As amended. City of Miami Page 35 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Commissioner Reyes: The amendment is to reject the reconznzendation of the board and move forward with the recommendation of the ranking committee, that has made that Nilda Comas in first place. Mr. Garcia -Pons: Thank: you, ma'am. Chair King: I would like to now move into the public comment period of our meeting. Commissioner Reyes: Did we vote? Mr. Hannon: Yes, it passed 4-0. Chair King: Yes, it passed unanimously. Commissioner Reyes: Okay, thank you very much. You see, I'm -- okay.. CA.13 RESOLUTION 11159 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT, ALLOCATE, BUDGET, AND APPROPRIATE GRANT FUNDS FROM THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT ("FDEM") IN AN AMOUNT NOT TO EXCEED THREE HUNDRED EIGHTY-THREE THOUSAND FOUR HUNDRED SEVENTY-SIX DOLLARS AND EIGHTY-TWO CENTS ($383,476.82) ("GRANT FUNDS") FOR THE BRICKELL BAY DRIVE LINEAR PARK AND SEAWALL FLOOD CONTROL PROJECT ASSOCITATED WITH CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS' PROJECT NO. 40-B193802; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED HAZARD MITIGATION GRANT PROGRAM FEDERALLY -FUNDED SUBAWARD AND GRANT AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH FDEM TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF THE GRANT FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO, AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE, IMPLEMENTATION OF, AND COMPLIANCE WITH THE AGREEMENT FOR THE GRANT FUNDS. ENACTMENT NUMBER: R-22-0012 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.13, please see "End of Consent Agenda." City of Miami Page 36 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 CA.14 11227 Office of the City Attorney CA.15 11308 Department of Finance RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ANDRE BERNARD LEWIS, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF SIXTY THOUSAND DOLLARS ($60,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, LESLIER DIAZ, AND LEONEL SANCHEZ IN THE CASE OF ANDRE BERNARD LEWIS VS. CITY OF MIAMI, LESLIER DIAZ, AND LEONEL SANCHEZ PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 19-031547 CA 02, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. ENACTMENT NUMBER: R-22-0013 This matter was ADOPTED on the Consent Agenda. Note, for the Record: For minutes referencing Item Number CA.14, please see "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY OF MIAMI ("CITY") TO ENTER INTO A MUNICIPAL PAYMENT PLAN AGREEMENT ("MPPA") WITH ORACLE CREDIT CORPORATION ("OCC") TO PROVIDE FOR THE PAYMENT OF THE SYSTEM PRICE SPECIFIED IN THE PAYMENT SCHEDULE DESCRIBED IN EXHIBIT "B", ATTACHED AND INCORPORATED, IN A NOT -TO - EXCEED TOTAL AGGREGATE AMOUNT OF EIGHTEEN MILLION EIGHT HUNDRED FIVE THOUSAND SEVEN HUNDRED SIXTY- ONE DOLLARS ($18,805,761.00) FOR THE ACQUISITION AND IMPLEMENTATION OF ORACLE CLOUD APPLICATIONS MODULES AND PROCESSES PURSUANT TO THE PROPOSAL AGREEMENT FROM MYTHICS, INC., A PRIME CONTRACTOR OF ORACLE, DATED NOVEMBER 8, 2021, ATTACHED AND INCORPORATED AS EXHIBIT "A;" AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE MPPA WITH OCC, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND ANY AND ALL AMENDMENTS AND DOCUMENTS REQUIRED BY SAID AGREEMENT, PROVIDED THAT THE TERMS ARE CONSISTENT AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE SAID PURCHASE ACQUISITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED, AND TO COMPLY WITH ALL APPLICABLE LAWS, RULES, REGULATIONS, AND AUTHORIZATIONS, INCLUDING BUT NOT LIMITED TO, FEDERAL LAWS, STATE LAWS, THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. ENACTMENT NUMBER: R-22-0014 City of Miami Page 37 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.15, please see "End of Consent Agenda." END OF CONSENT AGENDA Commissioner Diaz de la Portilla: So, then 1 will move the CA (Consent Agenda) agenda, Madam Chair. The complete CA agenda with the exception of CA 12 that Commissioner Reyes wants to address separately. So I move the rest of the CA agenda. Chair King: Do I have a second? Commissioner Reyes: I second. Chair King: Okay. So, we have a motion from Commissioner Alex Diaz de la Portilla and a second from Commissioner Reyes. So, CA.1, CA.2, CA.3, CA.4, CA.5, CA.6, CA. 7, CA.8, CA.9, CA.10, CA.11, CA.13, CA.14 and 15. Barnaby Min (Deputy City Attorney): Public needs to comment? Commissioner Diaz de la Portilla: Public comment. Chair King: Is there anyone here for public comment on any of these items? Seeing no one for public comment, may I have a vote? All in favor? The Commission (Collectively): Aye. Chair King: Items passes. [Later...) Chair King: Now let's take up CA.12. Commissioner Reyes: Yes, ma'am. Thank you very much, ma'am. I -- I would like to make -- I would like to also -- later on because there is a companion also -- there is a companion legislation with it and I think we should take FR.3 first and then do -- mean, CA (Consent Agenda) because they are -- they -- one goes with the other one. If we don't pass FR.3, we cannot pass CA.2 [sic]. [Later...) Commissioner Diaz de la Portilla: I move CA.12. Commissioner Reyes: Now CA.12, I want to make an amendment to it. I'm moving to reject the recommendation of the board and move forward with the recommendation of the ranking committee, which is Nilda Comas in first place. Commissioner Diaz de la Portilla: I second that. Cesar Garcia -Pons (Planning Director): Madam Chair. So, there are a couple of -- commissioner, there are a couple of items that we're going to put into the record that the agenda has some blanks based on the AIPP (Art in Public Places) meeting that we had on January the loth. So, what I just gave to the Clerk was the update of the results of the January loth meeting, which is what the Commissioner is referring to now. And the results are, as the Commissioner mentioned, the AIPP Board City of Miami Page 38 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 recommended Xavier Cortada with Nilda Comas as second. And that is reflected in the handout on page -- in the handout, and it's also now in the resolution so that you have it updated just for the record. Commissioner Reyes: For the record, and what we're doing is rejecting that recommendation and -- and move forward with a recommendation of the ranking committee. Moved by -- by--Isecond. Commissioner Diaz de la Portilla: Yes, I had moved it already. Commissioner Reyes: 1 second it. Commissioner Diaz de la Portilla: Aye. Commissioner Russell: Aye. Todd B. Hannon (City Clerk): And that's with the amendment. Commissioner Reyes: With the amendment. Mr. Hannon: As amended. Commissioner Reyes: The amendment is to reject the recommendation of the board and move forward with the recommendation of the ranking committee, that has made that Nilda Comas in first place. Mr. Garcia -Pons: Thank you, ma'am. Chair King: I would like to now move into the public comment period of our meeting. Commissioner Reyes: Did we vote? Mr. Hannon: Yes, it passed 4-0. Chair King: Yes, it passed unanimously. Commissioner Reyes: Okay, thank you very much. You see, I'm -- okay. City of Miami Page 39 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 PH - PUBLIC HEARINGS PH.1 RESOLUTION 10914 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ALLOCATING FUNDS IN THE AMOUNT OF $131,473.88 TO THE AGENCIES SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES FOR PROGRAM YEAR 2021- 2022 FROM THE SOCIAL SERVICE GAP PROGRAM FUNDS, ACCOUNT NO. 14010.910101.882000; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0016 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item Number PH.1, please see "Public Comments for allltem(s)." Chair King: Now, we've passed PH.4 unanimously. Does anything need to be read into the record for that? Todd B. Hannon (City Clerk): No ma'am. Chair King: No. So let's take up the remainder of the PH (Public Hearing) items. Our -- Commissioners, do you want to pull any of these remaining PH items? Commissioner Diaz de la Portilla: No ma'am, I move all PH items. Commissioner Russell: Second. Chair King: I've got Commissioner Alex Diaz de la Portilla motion to move all of the remaining PH items and Commissioner Russell has seconded that. Is there any discussion? Mr. Hannon: Chair? Madam City Attorney? Chair, just for the record, PH.8 will be amended just to add a new backup, an exhibit, a new exhibit for the legislation. It doesn't change the substantive portion of the legislation. Commissioner Diaz de la Portilla: I move it as amended. Chair King: Okay. Commissioner Russell: Second. Chair King: Second. All right, so we're going to vote on PH.1, PH.2, PH.3, PH.5, PH 6, PH 7, PH.8. All in favor? City of Miami Page 40 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 The Commission (Collectively): Aye. Chair King: Motion passes unanimously. PH.2 RESOLUTION 10930 Department of Housing and Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING AN AMOUNT NOT TO EXCEED $1,018,719.18 IN AMERICAN RESCUE PLAN FUNDS TO THE AGENCIES/DEPARTMENTS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR ELDERLY MEALS AND CHILD CARE ASSISTANCE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, AND ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0017 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.2, please see "Public Comments for all Item(s) " and Item Number PH.1. City of Miami Page 41 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 PH.3 RESOLUTION 11245 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO MIAMI-DADE WATER AND SEWER DEPARTMENT, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ("WASD"), FOR A PERPETUAL, NON- EXCLUSIVE EASEMENT WITH A TOTAL SIZE OF APPROXIMATELY TWO THOUSAND FOUR HUNDRED FIFTY- FOUR (2,454) SQUARE FEET LOCATED AT THE CITY OF MIAMI ("CITY") OWNED PROPERTIES IDENTIFIED AS FOLIO NUMBER 01-4122-002-0040 AND FOLIO NUMBER 01-4122-002-0015, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FOR WASD TO CONSTRUCT, RECONSTRUCT, LAY, INSTALL, OPERATE, MAINTAIN, RELOCATE, REPAIR, REPLACE, IMPROVE, REMOVE, AND INSPECT WATER TRANSMISSION AND DISTRIBUTION FACILITIES AND ALL APPURTENANCES THERETO, INCLUDING BUT NOT LIMITED TO, FIRE HYDRANTS, SEWAGE TRANSMISSION AND COLLECTION FACILITIES, AND ALL APPURTENANT EQUIPMENT, WHICH RIGHT, PRIVILEGE, AND EASEMENT SHALL INCLUDE THE RIGHT TO REMOVE OR DEMOLISH, AS MAY BE NECESSARY TO CARRY OUT ANY RIGHT GRANTED HEREIN, WITH THE FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE EASEMENT, INCLUDING, WITHOUT LIMITATION, A REVERTER PROVISION IF THE EASEMENT IS ABANDONED OR DISCONTINUED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID EASEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THE EASEMENT. ENACTMENT NUMBER: R-22-0018 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.3, please see Item Number PH.1. City of Miami Page 42 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 PH.4 RESOLUTION 11161 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS, ON A REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED THREE MILLION ONE HUNDRED FIFTY THOUSAND DOLLARS ($3,150,000.00) TO THE FOLLOWING ORGANIZATIONS IN THE FOLLOWING NOT -TO -EXCEED AMOUNTS AND FOR THE FOLLOWING ARPA-ELIGIBLE PURPOSES: (I) TWO HUNDRED THOUSAND DOLLARS ($200,000.00) TO THE SUNDARI FOUNDATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION, ON BEHALF OF LOTUS HOUSE, TO PROVIDE SUPPORT FOR INDIVIDUALS WHO HAVE EXPERIENCED A NEGATIVE ECONOMIC IMPACT FROM THE NOVEL CORONAVIRUS ("COVID-19") PUBLIC HEALTH EMERGENCY BY PROVIDING TRADESMAN, TECH, AND OTHER ARPA-ELIGIBLE JOB TRAINING FOR UNEMPLOYED INDIVIDUALS, (II) TWO HUNDRED THOUSAND DOLLARS ($200,000.00) TO CHAPMAN PARTNERSHIP, INC., A FLORIDA NOT FOR PROFIT CORPORATION, TO PROVIDE SUPPORT FOR INDIVIDUALS WHO HAVE EXPERIENCED A NEGATIVE ECONOMIC IMPACT FROM THE COVID-19 PUBLIC HEALTH EMERGENCY BY PROVIDING TRADESMAN, TECH, AND OTHER ARPA-ELIGIBLE JOB TRAINING FOR UNEMPLOYED INDIVIDUALS, (III) SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000.00) TO THE MIAMI FOUNDATION FOR MENTAL HEALTH, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR SERVICES TO ADDRESS BEHAVIORAL HEALTHCARE NEEDS EXACERBATED BY THE COVID-19 PUBLIC HEALTH EMERGENCY, AND (IV) THE FOLLOWING ALLOCATIONS ARE FOR CAMILLUS HOUSE, INC., A FLORIDA NOT FOR PROFIT CORPORATION: EIGHT HUNDRED THOUSAND DOLLARS ($800,000.00) FOR SUPPORTIVE HOUSING AND OTHER SERVICES FOR INDIVIDUALS EXPERIENCING HOMELESSNESS, FOUR HUNDRED THOUSAND DOLLARS ($400,000.00) FOR THE LAZARUS/MATT TALBOT PROGRAMS FOR SUBSTANCE MISUSE TREATMENT AND MENTAL HEALTH SERVICES, FOUR HUNDRED THOUSAND DOLLARS ($400,000.00) TO PROVIDE SUPPORT FOR INDIVIDUALS WHO HAVE EXPERIENCED A NEGATIVE ECONOMIC IMPACT FROM THE COVID-19 PUBLIC HEALTH EMERGENCY BY PROVIDING CULINARY ARTS AND HOSPITALITY JOB TRAINING FOR UNEMPLOYED INDIVIDUALS, AND FOUR City of Miami Page 43 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 HUNDRED THOUSAND DOLLARS ($400,000.00) TO PROVIDE SUPPORT FOR INDIVIDUALS WHO HAVE EXPERIENCED A NEGATIVE ECONOMIC IMPACT FROM THE COVID-19 PUBLIC HEALTH EMERGENCY BY PROVIDING CONSTRUCTION TRADESMAN JOB TRAINING FOR UNEMPLOYED INDIVIDUALS, PROVIDED THAT THESE ALLOCATIONS ARE APPROVED IN WRITING BY THE CITY'S ARPA CONSULTANT ("CONSULTANT APPROVAL") WHO IS TO BE RETAINED BY THE CITY PURSUANT TO REQUEST FOR QUOTATION NO. 1431386; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE OF FLORIDA, LOCAL, AND CITY LAWS, RULES, AND REGULATIONS, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0019 MOTION TO: Adopt RESULT: ADOPTED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item Number PH.4, please see "Order of the Day" and "Public Comments for all Item(s)." Chair King: We have an 11.30 time certain item, but I need an additional commissioner to join us. Hold on one second to see if I can have that. If we do not have another commissioner join us, we will be in recess. Commissioner Reyes: Okay, and what is (UNINTELLIGIBLE)? (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) Madam Chair. Commissioner Russell: Madam Chair? Madam Chairwoman? I'd like to be noted as a co-sponsor, for PH.4. Chair King: So noted. I am also a co-sponsor for PH.4. I'm -- I guess the staff got the notice late. I didn't think so, but of course I would be a sponsor for PH.4. Commissioner Russell: Thank you, and I'll move the item. Commissioner Reyes: I'll second it. Chair King: Do we have any discussion? Commissioner Reyes: Are we going to take -- Madam Chair, if may? Chair King: Yes. City of Miami Page 44 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Commissioner Reyes: Madam Chair. Commissioner Diaz de la Portilla: I have a question of the City Attorney. Chair King: Wait, hold on a second. Commissioner Diaz de la Portilla: I'm sorry. Chair King: Commissioner Reyes was speaking. Commissioner Diaz de la Portilla: I'm sorry. Commissioner Reyes: Yes, Madam Chair, are we going to move the PH (Public Hearing) all together, or we're going to do one by one? Chair King: We're going to do PH.4 right now. Commissioner Reyes: Okay. Okay, it was moved by Commissioner Russell, I'll second 1t. Chair King: Any discussion? Commissioner Diaz de la Portilla: I have a question -- Chair King: Commissioner. Commissioner Diaz de la Portilla: -- of the City Attorney. Chair King: Okay. Commissioner Diaz de la Portilla: It requires a four -fifths vote. Does it require four commissioners to be present here? Victoria Mendez (City Attorney): We have all -- the four that we need, so we -- Commissioner Diaz de la Portilla: So, three, that's to the quorum, and then the commissioner coming in virtually? Ms. Mendez: The four, yes. Commissioner Diaz de la Portilla: Okay, so we're okay with that? Ms. Mendez: Yes. Commissioner Diaz de la Portilla: It doesn't have -- physically, they don't have to be here. Ms. Mendez: Correct. Commissioner Diaz de la Portilla: Okay. Ms. Mendez: You need the three for quorum and then the fourth -- Commissioner Diaz de la Portilla: I understand that. Ms. Mendez: Okay. City of Miami Page 45 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Commissioner Diaz de la Fonda- I just wanted to make sure, okay. 1 just wanted to make sure, legally, we're okay. Okay. Commissioner Reyes: Yeah. Good question. Commissioner Diaz de la Portilla: Just wanted to make sure -- Chair King: Commissioner Russell? Commissioner Diaz de la Portilla: -- that we're protected. Commissioner Russell: Thank you, Madam Chairwoman. 1 would like to thank all the public who came to advocate Jrothis issue, and especially the Mayor and Commissioner Reyes for bringing the item. I'm proud to co-sponsor this and very thankful that we are addressing the services needed for the homeless. I'd like to challenge this Commission and the Mayor to bring more items that have specifically to do with units of housing, permanent supportive housing, that will actually allow the system to flow smoothly. This addresses a very acute need, this -- this item does, but we still, if we really want to get to functional zero, we must provide the units of housing that allow the system to flow people off the street into shelter and people out of shelter into housing. Thank you. Chair King: Thank you, Commissioner Russell. Commissioner Reyes: Madam Chair -- Commissioner Diaz de la Portilla: Commissioner Russell, can you be more specific how we do that with this? Commissioner Reyes: Yes, so Madam -- Commissioner Russell: Yes, so it wouldn't -- it wouldn't be, Madam Chairwoman, through you, I -- it would not be an amendment to this item. I'm fully in support of this item as is. is, but I would like us to marshal our resources, whether it's land, zoning, subsidy, to find 500 units of permanent supportive housing. My understanding in talking with the various shelters, that is the magic number that would open up the pipeline so that people can graduate from shelter, get that first key, pay rent, and still get the wraparound services from the shelter system. Right now, we have a bottleneck at the shelter level, which is keeping people from getting out of the streets into the shelters. And so, I'd like to bring a separate item at another time directing management to help us solve this situation in conjunction with the housing and with the homeless shelter community Chair King: Commissioner Reyes -- Commissioner Reyes: Madam Chair. Chair King: Yes, Commissioner Reyes, you are recognized. Commissioner Reyes: Yes, I do agree, Commissioner Russell, that we need more housing, affordable housing. But also, I want you -- to remind you that we have to protect the neighborhoods and the single-family. homes because if we keep on encroaching them, they are going to suffer the consequences of us not taking action that it is -- that protects them. So, I don't want just to go ahead and -- and have a carte blanche for developing affordable housing, and right on -- next to T3s and single-family homes. I think that we have to be very careful with the consequences City of Miami Page 46 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 that taking those actions have in our neighborhoods that -- which have to he protected. Chair King: Thank you. I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: The motion passes -- the item passes. Victoria Mendez (City Attorney): Chair? Chair King: Commissioner -- yes? Ms. Mendez: 1 just wanted to make sure that 1 reminded everyone that all these monies that we are allocating with respect to the ARPA funds in this resolution and the resolution that came before you last commission meeting are subject to the ARPA consultant that's coming in. And at that time, make sure that all the Commissioners double check with the Administration that everybody knows what amounts of money they are receiving per district, because there have been, I think, revisions to -- you know, on the floor, with language with regard to how much money is, and now that we have someone coming on board to, you know, discuss all that, I just want to make sure that everybody is -- Commissioner Reyes: Okay. Ms. Mendez: -- knows what they have. Chair King: Yes, thank you. I believe -- at least I know for myself, I have a request in to meet with our ARPA consultant to go over just that. Ms. Mendez: Thank you. Commissioner Diaz de la Portilla: Right. If I may, Madam Chair. Chair King: Commissioner. Commissioner Diaz de la Portilla: Thank you. As you know, people are -- keep on getting a piece of the pie, right? And then the money is running out. So how do we coordinate all that so that it -- the total is the same, that it's being appropriated every step of the way? Every Commission meeting has been that way. Five million here, remember? Four million there, two million there, and then at the end of the day, we run out of money. Ms. Mendez: Yes. Commissioner Diaz de la Portilla: So we have to kind of have a more coordinated effort, I think. Ms. Mendez: Exactly, and that's what I'm -- I'm just asking because I know that all these items keep on coming, so now I think the ARPA consultant is going to be on board shortly and maybe -- Commissioner Diaz de la Portilla: Well, that's an important question, Madam Chair, through you. Chair King: Yes. City of Miami Page 47 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Commissioner Diaz de la Portilla: That's an important question. When is that ARPA consultant going to be here? Because pretty soon the money is going to run out, right? And all of a sudden -- there you are. Welcome. (UNINTELLIGIBLE) talking about a lot of money, right? Annie Perez (Director, Procurement): Good afternoon. Commissioner Reyes: Madam -- Madam Chair -- Ms. Perez: Is it afternoon? Yes. Commissioner Diaz de la Portilla: I am fully aware of the millions of dollars that are being thrown all over the place. So, at the end of the day, you know, have you come up with -- if7 may, Madam Chair, through you? Chair King: Hold on one second. Commissioner -- Commissioner Reyes would like to say something. Commissioner Reyes: Yes, yes. Commissioner Diaz de la Portilla: I wasn't finished. Commissioner Reyes: I'm sorry, but I think that the way that I interpret the City Attorney is that although that we have been dividing the pie, you see, everybody is getting a share of the pie, that the legality of using those funds are going to be determined by the person that -- I mean, has to be approved if it meets the requirement for the -- where the -- this ARPA money can be -- Chair King: Correct. Commissioner Reyes: -- can be used. And I think that we already made decisions, you see, how it was going to be divided. But what we have to know is -- I mean, we have to be informed is those projects that we have in the pipeline that we want to use those Ands for, they are approved by the (UNINTELLIGIBLE) -- by the federal government. That's what I think that she's trying to tell us. Chair King: Correct. Commissioner -- Commissioner Diaz de la Portilla: Thank you. Chair King: -- Diaz de la Portilla. Commissioner Diaz de la Portilla: Thank you. I remain hungry because I haven't gotten my piece of the pie yet for my district. So, we have to be careful how we -- it's very important, I think, that we're very, very specific and very precise in our language Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: -- in how all these dollars are allocated. Chair King: Yes. Commissioner Diaz de la Portilla: We voted on a number of issues along the way. Chair King: Right. I think what you're trying to say is that it should be equitable. City of Miami Page 48 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Commissioner Diaz de la Portilla: Yes. Chair King: All of our districts receive ARPA funds -- Commissioner Diaz de la Portilla: Yes Madam. Chair King: -- and no one district has more than the other, unless we have established guidelines, the CDBG (Community Development Block Grant) guidelines and -- Commissioner Diaz de la Portilla: Right, to that point, for example, Commissioner Russell's district should receive a lot less because you are a richer district, right? And the more -- the more needy districts should receive more, right? We understand. Chair King: Exactly. Commissioner Diaz de la Portilla: In your calculations, you are taking that into account, right? Either you do CDBG funding formula or whether you do API (Anti - Poverty Initiative) formula. Whatever formula you are using, it's got to be equitable in terms of the poverty level of a particular district, right? For example, Coconut Grove is not going to get the same amount of money that Allapattah, or Liberty City, or Flagarni is going to get, right? Ms. Perez: So -- Commissioner Diaz de la Portilla: Are you taking that into account? Ms. Perez -- Madam Chair, Commissioners, Annie Perez, Director of Procurement. So, I can speak as to the procurement. Commissioner Diaz de la Portilla: Yes. Ms. Perez: I just wanted to let you know that we do have a consultant on board. We are setting up a kickoff meeting for next week. So, there -- you know, I just wanted to let you all know that we do have a consultant. Commissioner Diaz de la Portilla: So Madam Chair, if I may, I'm sorry to interrupt you, Annie. What's your timeline for that? Because having a consultant on board and getting the dollars into the neighborhoods, what's the timeline? Ms. Perez: Commissioner, I do not know that answer. That would be the budget, the Budget Office, our budget director is meeting. Commissioner Diaz de la Portilla: Is she here? Ms. Perez: She is. Commissioner Diaz de la Portilla: Okay. So what's the timeline? If I may, Madam Chair, through you? There you are. I thought it was a she (UNINTELLIGIBLE). Fernando Casamayor (Assistant City Manager/Chief Financial Officer): No, no, I'm not the budget director, sir -- Commissioner Diaz de la Portilla: I know you're not. I know you're not, but you're sitting in for someone so what's the story? City of Miami Page 49 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Mr. Casamayor: So, the allocation per district and all of that, 1 believe in November, this Commission took an action, 1 believe it was a resolution, which had a plan for this ARPA money and it included a variety of different allocations per district for community projects and community items. Commissioner Diaz de la Portilla: Right, so what ended up happening there, if I may, Madam Chair, what ended up happening there was that every district got more or less the same amount of money, right? It was $14 point something million, something in that range. Mr. Casamayor: Something like that, yes, sir. Commissioner Diaz de la Portilla: Well, you don't remember? Mr. Casamayor: I wasn't -- I don't have it in front of me, but it was about around that. Some got $13, some got a little bit more (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: Right, so every district was treated -- every district was treated the same way. There was no formula used for the poverty level of every specific district. And that was okay. That was to keep the peace, and I get all that. So, we kept the peace. But as we move forward now, we have a consultant that's going to recommend where the money really needs to go in our city. And the majority of the commission can actually either reallocate those dollars, right, or are those already undergoing the process of being approved by Washington and all the paperwork you guys need to do to make sure that we get those ARP dollars. Mr. Casamayor: Among a few other things that the consultant is being asked to do, they're being asked to ensure that whatever projects are being funded by the American Rescue Plan monies meet the criteria that the Treasury Department has put on the use of these funds. So, for instance, if you were putting money aside for a homeless assistance program, this consultant would verify to make sure that that particular program meets the requirements. Commissioner Diaz de la Portilla: If I may, Madam Chair? Chair King: Hold on. Let him finish. Commissioner Diaz de la Portilla: I know, I got it. Chair King: Let him finish. Commissioner Diaz de la Portilla: Okay, I'm let him finish. I'm just following up. Chair King: Okay. Commissioner Diaz de la Portilla: Give me a chance. Chair King: Okay. Mr. Casamayor: If there are some that -- use of funds is intended for a particular project that does not meet those qualifications, then we would come back to whatever district commissioner wanted to do that to figure out either an alternate use for those funds or another way to maybe work with that program to ensure that it does meet the criteria. Chair King: You have a follow-up? City of Miami Page 50 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Commissioner Diaz de la Portilla: Yes, 1 do. Thank you, Madam Chair. You're very courteous, by the way. Chair King: I'm trying to. Commissioner Diaz de la Portilla: Yes, you're very nice. Our previous chairman was a little bit rougher with me, so I appreciate it. That'd be you. Anyway, so when do we know? What's the timeline? What's a realistic timeline? Because these are organizations and -- and, you know, nonprofits that are waiting. In my case, for example, and I'm sure that we all have them. You know, we have the important organizations that do good nonprofit work for our community and for our citizens and residents. What's the timeline for that? The approval process? When do they get their money? Mr. Casamayor: So the resolution that took place in November gave us a guideline. Each individual project that is going to be funded will have to come back to Commission to get the actual allocation. If there are projects that you are interested in moving forward very quickly, once we have the consultant on board, it should be in about a week. About a week? Yes, so in about a week we should have the consultant fully on board. We'll start scheduling meetings with each of your offices to kind of get those projects that you would like to get to the front of the line. Chair King: Thank you. Commissioner Russell: Madam -- Chair King: One lastfollow-up. Commissioner Diaz de la Portilla: One last follow-up. Chair King: One last follow-up. Commissioner Diaz de la Portilla: Oh my God, they used to limit my ability to ask questions in Tallahassee, but now you're doing it. I love it. Anyway, okay, so we do this. When is that consultant on board? And what's the delay in that? Mr. Casamayor: I am going to have the budget director come up here because she has got the details. Commissioner Diaz de la Portilla: Okay. You are going to recognize Commissioner Russell now? Chair King: I have to after she speaks. Commissioner Diaz de la Portilla: Okay. Marie Gouin (Director, Budget): Good morning, good afternoon, I am not sure what time it is right now, Madam Chair, Commissioners. Chair King: Good morning. Commissioner Diaz de la Portilla: I am hungry too. Ms. Gouin: We are trying to set up all the meetings with the Commissioners. The goal is to do it not next week, but the following week. Commissioner Diaz de la Portilla: Okay. City of Miami Page 51 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Ms. Gouin: Because 1 have a kickoff meeting on the 18th with the -- with the consultant. And the next meeting, the hardest thing we've been trying to do and having some difficulties, is really the scope of the projects. So, your offices will help us with that, based on what you want to do with the dollars, and then that will help the consultant make the right decisions to see if they are eligible and if they are not, what can we do to make those projects eligible? Commissioner Diaz de la Portilla: Excuse my ignorance, who's the consultant? Ms. Gouin: Atkins. Commissioner Diaz de la Portilla: What? Ms. Gouin: Atkins. Chair King: Atkins. Commissioner Diaz de la Portilla: Atkins, first name? Ms. Gouin: Oh, that's the name of the firm. Chair King: It's a firm. Commissioner Diaz de la Portilla: It's a company, 1 know. It's a joke. Chair King: Commissioner Russell, you wanted to say something? Commissioner Russell: Thank you, Madam Chairwoman. And Commissioner Diaz de la Portilla, I completely understand and respect where you're coming from with regard to equity. For sure, the Mayor did a great job in working with each of the Commissioners' Once to expedite the division of funds and get it rolling, unlike we, you know, I'm still waiting on the Miami Forever bond to be allocated. So, it's very good that we're rolling. But I also want to recognize that the American Rescue Plan isn't all about poverty. The division of the entire fund shouldn't simply be done by poverty index, by district. It's also meant for connectivity, for infrastructure, for getting our entire city back on its feet and growing and thriving into the future. And I'd also like it to be recognized that of the District 2 allocation, my very first line item was a citywide expenditure, over a million dollars for all of our City employees who were frontline and that took away from the allocation that was reserved for my district. So, I do think we all are intending to work together here to make sure that the entire city is thriving with the American Rescue Plan funds that we've received. Thank you. Chair King: Thank you. City of Miami Page 52 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 PH.5 RESOLUTION 11237 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 "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 5 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE ("API") IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) TO THE MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION, FOR A THREE (3) YEAR API AGREEMENT TERM IN SUPPORT OF THE MLK WHEELS TO WORK 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-22-0020 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.5, please see "Public Comments for all Item(s)" and Item Number PFI.1. City of Miami Page 53 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 PH.6 RESOLUTION 11268 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 WRITTEN FINDING OF THE CITY MANAGER, 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 5 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) TO THE FOUNDATION OF COMMUNITY ASSISTANCE AND LEADERSHIP, INC. ("FOCAL"), A FLORIDA NOT FOR PROFIT CORPORATION, IN SUPPORT OF THE FOCAL MOORE PARK LEARNING CENTER 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-22-0021 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.6, please see "Public Comments for all Item(s)" and Item Number PH.1. PH.7 RESOLUTION 11269 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING GRANT FUNDS FROM THE DISTRICT 5 COMMISSIONER'S SHARE OF THE CITY OF MIAMI'S ANTI- POVERTY INITIATIVE PROGRAM IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) TO THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST ("TRUST") FOR THE TRUST'S 2022 SUMMER YOUTH EMPLOYMENT PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, SUBJECT TO APPLICABLE REQUIREMENTS OF ALL FEDERAL, STATE, AND LOCAL LAWS INCLUDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0022 City of Miami Page 54 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.7, please see "Public Comments for all Item(s)" and Item Number PH.1. PH.8 RESOLUTION 11286 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 WRITTEN FINDING OF THE CITY MANAGER, 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 5 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED THREE HUNDRED FORTY SEVEN THOUSAND DOLLARS ($347,000.00) TO THE MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION ("MLKEDC"), A FLORIDA NOT FOR PROFIT CORPORATION IN SUPPORT OF THE KITCHEN INCUBATOR AND COMMUNITY DINING HALL PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.D PURPOSE. ENACTMENT NUMBER: R-22-0023 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.8, please see "Public Comments for all Item(s)" and Item Number PH.1. END OF PUBLIC HEARINGS City of Miami Page 55 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 RE - RESOLUTIONS RE.1 RESOLUTION 11121 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSAL RECEIVED ON MAY 13, 2020 PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 19-20-021 FROM A.D.A. ENGINEERING, INC., A FLORIDA PROFIT CORPORATION ("A.D.A."), THE TOP RANKED RESPONSIVE AND RESPONSIBLE PROPOSER, FOR PROVISION OF CIVIL ENGINEERING SERVICES FOR SHORECREST ROAD AND DRAINAGE IMPROVEMENTS, D-5, CITY OF MIAMI ("CITY") OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. B-17365 FOR A TOTAL NOT TO EXCEED AMOUNT OF ONE MILLION ONE HUNDRED NINETY SIX THOUSAND TWO HUNDRED SEVENTY THREE DOLLARS AND FIFTY SIX CENTS ($1,196,273.56), INCLUDING A NOT TO EXCEED AMOUNT OF ONE MILLION EIGHTY SEVEN THOUSAND FIVE HUNDRED TWENTY ONE DOLLARS AND FORTY TWO CENTS ($1,087,521.42) FOR BASIC SERVICES AS PROVIDED IN EXHIBIT "A," ATTACHED AND INCORPORATED, A NOT TO EXCEED AMOUNT OF EIGHTY THOUSAND DOLLARS ($80,000.00) FOR DEDICATED ALLOWANCES, AND A NOT TO EXCEED AMOUNT OF ONE HUNDRED EIGHT THOUSAND SEVEN HUNDRED FIFTY TWO DOLLARS AND FOURTEEN CENTS ($108,752.14) FOR AN OWNER'S TEN PERCENT (10%) CONTINGENCY ALLOWANCE; ALLOCATING FUNDS FROM THE APPROPRIATE OCI PROJECT AND DEPARTMENTAL BUDGETS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH A.D.A., IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; AUTHORIZING THE ISSUANCE OF THE APPROPRIATE NOTICES TO PROCEED TO A.D.A., SUBJECT TO THE AVAILABILITY OF FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0024 City of Miami Page 56 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Chair King: And at this time -- Commissioner Diaz de la Portilla: Madam Chair, before you break for lunch, I know we're all hungry. 1 am too, believe me. I didn't have breakfast, so I want to move all the RE (Resolution) items. RE.1, RE.2, and RE.3. Commissioner Reyes: 1 second. Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: Madam Chair, I will second it, and I -- and I -- stated I want co-sponsor RE.3. I was -- be included as a co-sponsor. Chair King.: Okay. Commissioner Diaz de la Portilla: So, co-sponsor RE.3 which is the -- Chair King: I'm also, co -sponsoring RE.3. Commissioner Diaz de la Portilla: -- (UNINTELLIGIBLE). Chair King: Yes, I'm also -- so we have three sponsors for RE.3, that would be myself, Commissioner Alex Diaz de la Portilla and Commissioner Manolo Reyes. And Todd is waving over. Todd B. Hannon (City Clerk): And Commissioner Carollo also requested to be a co- sponsor for RE.3. Chair King: And Commissioner Carollo also, well that leaves you Commissioner Russell. Nzeribe Ihekwaba (Deputy City Manager): Madam Chair? Madam Chair? Chair King: Yes. Mr. Ihekwaba: I think RE.3. has an amendment that was distributed. That's a minor change. Commissioner Diaz de la Portilla: As amended. Chair King: As Amended. Commissioner Diaz de la Portilla: Yeah, so the motion is as amended -- Commissioner Reyes: As amended. Commissioner Diaz de la Portilla: -- yes. Commissioner Reyes: I second that as amended. City of Miami Page 57 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Chair King: Okay, Commissioner Russell, would you like to -- Commissioner Russell: I'm happy to vote for it. Chair King: You're happy to vote? Commissioner Diaz de la Portilla: Yes, sir. Thank you. Chair King: Okay, so we are taking up now RE.1, 2, and 3. Any further discussion? All in favor? The Commission (Collectively): Aye. Chair King: Motion passes unanimously. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Can we have lunch now, Madam Chair? Chair King: What time is it? Commissioner Diaz de la Portilla: Is it time for lunch? It's 12:09. Chair King: It's 12:09? Yes, we will return at 2..09. Commissioner Diaz de la Portilla: Yes, ma'am. That works. A two-hour lunch, I love it. I love it. Chair King: 2:09. Thank you, everyone. Commissioner Reyes: Thanks to you, Madam Chair. You're doing an excellent job. Chair King: You too. Feel better. City of Miami Page 58 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 RE.2 RESOLUTION 11309 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING APPROPRIATIONS AND MAKING DE -APPROPRIATIONS AND RE -APPROPRIATIONS RELATING TO THE CITY OF MIAMI'S ("CITY") GENERAL FUND FOR THE 2021-22 FISCAL YEAR AS ADOPTED SEPTEMBER 23, 2021 PURSUANT TO RESOLUTION NO. R-21-0402 AND AS PREVIOUSLY AMENDED PURSUANT TO RESOLUTION NO. R-21-0408 ADOPTED OCTOBER 1, 2021; AUTHORIZING THE CITY MANAGER TO MAKE ANY NECESSARY CHANGES TO ADJUST, AMEND, AND APPROPRIATE THE FISCAL YEAR 2021-2022 OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN REGARDING CITY SERVICES AND RESOURCES AS NECESSARY, LEGALLY ALLOWED, AND APPLICABLE IN ORDER TO CREATE AND FUND ONE (1) SERGEANT AT ARMS POSITION FOR THE CITY OF MIAMI'S POLICE DEPARTMENT; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0025 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number RE.2, please see Item Number RE.1. RE.3 RESOLUTION 11310 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION CO - DESIGNATING NORTHWEST 3 STREET FROM NORTHWEST 12 AVENUE TO NORTHWEST 17 AVENUE, MIAMI, FLORIDA AS "CARIDAD 'CARY' HERNANDEZ STREET" PURSUANT TO SECTION 54-137 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. ENACTMENT NUMBER: R-22-0026 City of Miami Page 59 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number RE.3, please see Item Number RE.1. END OF RESOLUTIONS City of Miami Page 60 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 9521 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "STREETS AND SIDEWALKS"; SPECIFICALLY BY AMENDING ARTICLE 1, TITLED "IN GENERAL", TO ALLOW ADVERTISEMENTS ON NEWSRACKS AND BY AMENDING ARTICLE VII, TITLED "NEWSRACKS ON PUBLIC RIGHTS -OF -WAY", TO ALLOW ELECTRONIC NEWSRACKS AND ESTABLISH REQUIREMENTS FOR ELECTRONIC NEWSRACKS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14042 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Chair King: Does anyone have anything, any comments or discussion for SR.1? Does anyone want to pull SR.1? Seeing none. Commissioner Diaz de la Portilla: I move SR.1. Commissioner Reyes: I second. Chair King: Okay. All in favor? Todd B. Hannon (City Clerk): And Chair, just a friendly reminder, the title needs to be read into the record. Chair King: Oh -- Commissioner Diaz de la Portilla: Yes. Chair King.: -- could you please read the title into the record? Barnaby Min (Deputy City Attorney): Yes, ma'am. The Ordinance was read into the public record by the Deputy City Attorney. Chair King: Okay. Commissioner Reyes: I have a question jrothe -- to the -- Chair King: For SR.1? Commissioner Reyes: No. No, no. City of Miami Page 61 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Chair King: Okay, so let's take a vote on SR.1. Commissioner Reyes: Yes, sure. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: All right. SR.2 ORDINANCE Second Reading 11136 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION," MORE PARTICULARLY BY AMENDING SECTION 2-33 TO EXEMPT THE MOTORIZED SCOOTER PILOT PROGRAM FROM THE DURATION REQUIREMENTS PERTAINING TO PILOT PROGRAMS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14043 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Diaz de Ia Portilla NAYS: Reyes ABSENT: Carollo Note for the Record: For directive referencing Item SR.2, please see Item NA.3. Note for the Record: For additional minutes referencing Item Number SR.2, please see "Public Comments for all Item(s)." Chair King: Do we have any other pocket items? No other pocket items. Okay, so we will pick up where we left off. Commissioner Reyes: Yes, ma'am. Chair King: We are on second readings. Does anyone have an item that they would like to pull? Commissioner Reyes: Okay, let me see, it's SR.2. SR.2, second reading. This is -- I think this is -- this is the -- all right, SR.2 was the -- what we were doing, we were extending the -- Chair King: The pilot program. Commissioner Reyes: -- the pilot program. Chair King: Correct. City of Miami Page 62 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Commissioner Reyes: But I have some comments on it, and I -- because I don't -- I think that we have another ordinance that we have on .first reading. Chair King: Okay, so you -- all right, so hold on. So you have some comments for SR.2. Commissioner Reyes: Yes. [Later...] Chair King: So, we're back to SR.2, and Commissioner Reyes, you have a comment? Commissioner Reyes: Yes, 1 have a question. Is this needed, since we are -- I mean, we -- later on, the establishment of this program is going to be discussed? Chair King: Yes. Commissioner Reyes: As a first read? Chair King: Yes, it is needed because we need to address -- Commissioner Reyes: Okay. Chair King: -- the 8 to 10 days that the program has been out of compliance. So, we need that to -- Commissioner Reyes: Okay. Chair King: -- retroactively address those days. Commissioner Reyes: Okay, Madam Chair, I understand that. Now, what I want to know, and I am asking the City Clerk, please pass this memo that I received that I requested from Chief Morales, and it has to do with what happened and it was stated during the people that -- I mean, from some residents and the administration of Bayside, what's going on? You see, I know that Commissioner Diaz de la Portilla was adamant about demanding that those companies, they comply with all the requirements that they give. For example, not underage riders, that they're, I mean, they'd be in effect from the -- able to rent it from certain hours, not after 9 o'clock, and to ride on the -- on the sidewalk, on the street, and to have helmets, et cetera, et cetera. I mean, avoid -- only two companies per block, et cetera, et cetera. From what I see, from what I see, we don't -- they have not complied with, and I want -- Chair King: Commissioner Reyes. Commissioner Reyes, if I may? Commissioner Reyes: Yes. Chair King: We're going to take that up with FR.5. Commissioner Reyes: Okay, we'll take it up with FR.5. Chair King: Right. So right -- Commissioner Reyes: Okay. Chair King: -- this one is only to address the program being out of compliance. Commissioner Reyes: I stand corrected. City of Miami Page 63 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Chair King: Okay. Commissioner Reyes: I stand corrected and I'm -- I'm (UNINTELLIGIBLE) vote the same way I did before. I mean, but I stand corrected. I'm sorry. Chair King: Okay. All right. Commissioner Reyes: Go right ahead. Chair King: Okay, so, we have a motion and a second for SR.2. Commissioner Diaz de la Portilla: Yes. So moved. Commissioner Russell: Second. Chair King: Okay. So, all in favor? Barnaby Min (Deputy City Attorney): Madam Chair. Chair King: Wait. Mr. Min: It does, as you stated, need to be retroactive, so we need to clarify that language. We'll have to draft the amendment to make it clear. Chair King: Can you read it into the record, please? Mr. Min: Yes, ma'am. The Ordinance was read by title into the public record by the Deputy City Attorney. Commissioner Russell: I have a comment. Chair King: Commissioner Russell? Commissioner Russell: Thank you, Madam Chairman -- Chairwoman. This is a question for the management -- for the Administration. During the extension period, the two commissioners, they -- they were willing to bring the program back through their vote on several conditions. And from what I can see, those conditions aren't being governed or regulated. So, I just want to know which department in the city is responsible for making sure about helmets, as well as geofencing. Is anyone doing spot checking? And my goal is not to enforce against the user, but rather the company. If there's a company that is not enforcing the helmet rule, that company should be off the road. If there's a company not enforcing the geofencing, they should be off the road. And we have that power as a department, as the Administration, to manage the pilot program in that sense. Nzeribe Ihekwaba (Deputy City Manager): Yes, Commissioner, we have the Department of Resilience and Public Works reviewing all the records, in terms of geofencing, to make sure that they are within the delineated areas of operations. Instances where non-compliance had been noticed, all the vendors have been called to account for those. With respect to the additional safety measures we discussed, which will be corning up in FR.5, we do have a plan in place. The ordinance had called for Miami Police to assist the Code Compliance Department for enforcement and compliance. Commissioner Russell: That's for FR (First Reading) -- Madam Chairwoman, through the Chair, I -- for the permanent version I'm confident you'll get it right, but between City of Miami Page 64 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 now and then I want to make sure that we are complying with the with the -- with the regulations laid out by the Commission when the vote was -- was taken and 1 don't believe we are. So I'm wondering if you can amplify your oversight -- Mr. Ihekwaba: Yes. Commissioner Russell: -- to do spot checks on both helmets and geofencing. Mr. Ihekwaba: So, what the Administration intends to continue to do is that in instances of non-compliance with geofencing, will be reported immediately to Miami Police for immediate enforcement action. Those vendors that don't comply with the geofencing will be asked to pull those vehicles, those scooters out of -- out of operation. There has to be an enhancement in terms of the compliance issues. You can't just continue to not comply with the requirements and continue to operate. I don't think that's the extent and the language and the spirit of the law. Commissioner Russell: Madam Chair, if I could, Mr. Ihekwaba, my recommendation is that the penalty is not equivalent to the offense. If you're having to chase them, giving a higher burden for the police, and all they're having to do is take those out of the park after violating, they're going to keep doing it and just get caught and take it out. At some point, violating companies need to be removed from the system and the program altogether. So, do you have a policy, whether it's three strikes or some sort of --1 mean, at this point in the program, we need to be pretty heavy on our rules to make sure we're protecting our exposure as a city that we're enforcing our rules. Mr. Ihekwaba: Commissioner, currently we don't have that requirement in the pilot program. It's something that we can factor into the permanent program, that once you have become a frequent violator, let's say on a threshold of three strikes you are out, or four strikes you are out, then we'll be able to have the legal basis to remove them from having to become non -compliant with the contract. Right now, the pilot program does not have that in-built check and balance. Commissioner Russell: What about the helmet rule? How are you going -- how are you handling the helmet issue because I have to be honest, I have not seen one rental scooter with a rider using their helmet during this extension period. Mr. Ihekwaba: The requirement for helmets by the users was something that was discussed at the November special meeting, and it was also a condition of restarting the pilot program, back then, as directed by this Commission. I'm not aware if there has been any recent report filed. I'm going to ask my Public Works Director to advise if we have noticed or received complaints of non-compliance with respect to the helmet use. Again, when the pilot program was restarted, it was made very clear and even the vendors came out here and placed on the record of their self -compliance readiness. So, we will need to coordinate with Miami Police again and Code Compliance for immediate enforcement. Commissioner Diaz de la Portilla: No, but -- Chair King: Hold on one second. I have a question. Commissioner Diaz de la Portilla: Yes ma'am. Chair King: I understand that -- or clarify for me the helmet requirements and the other safety measures, was that for the program that we're going to address in the subsequent item or was it for the pilot program? Mr. Ihekwaba: It was for immediate compliance with the pilot. City of Miami Page 65 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Commissioner Reyes: Immediate Compliance. Chair King: Immediately. Mr. Ihekwaba: Yes, that's what this is. Commissioner Diaz de la Portilla: Okay. Chair King: Okay, well in that case I don't see anybody riding around with any helmets. I don't see any of the safety measures that we talked about in place. I thought that maybe it was for the new program. Commissioner DLP (Diaz de la Portilla). Commissioner Diaz de la Portilla: The problem is this. We were very clear. 1 think there was no -- no ambiguity here as to what we're doing, right? We were very clear that we wanted them to have helmets and they all came before us and they testified. Mr. Ihekwaba: Yes. Commissioner Diaz de la Portilla: And they said they were going to do it, but they haven't done it. Right? Is that what you're saying? Or you've got to consult with a public works guy to figure it out, or you don't? Mr. Ihekwaba: That's what I'm saying. No, no, Commissioner, I said that -- that they testified on the record of their readiness to comply. Commissioner Diaz de la Portilla: I know, I know, I know, but they have not done it. Mr. Ihekwaba: And they have not done that. So that's what we're saying. Commissioner Diaz de la Portilla: There's no ambiguity here as to what's happening, right? Mr. Ihekwaba: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: They haven't done it. Mr. Ihekwaba: There's no ambiguity, they are not compliant. Commissioner Diaz de la Portilla: Okay, so then we -- then we halt the program, right? I think it's very simple. They said they were going to do something, and they didn't do it, you halt the program, immediately. again, until they do what they said they were going to do. That was a month ago. Mr. Ihekwaba: Yes. Commissioner Diaz de la Portilla: What happened? Mr. Ihekwaba: It was more than a month ago. Commissioner Diaz de la Portilla: I know, December 9th. So, what happened? A month and five days. What happened? Were there any, ifI may, Madam Chair. Chair King: Go ahead. Commissioner Diaz de la Portilla: Were there any conversations with any of the vendors? Maybe you can address it, sir, because I think we were very -- we were crustal clear in what we wanted to do. And were there any conversations, like the next City of Miami Page 66 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 day, after we took our action as a Commission about what they had to do? That they failed to do? Or they let them operate the entire holiday season and they did whatever the heck they wanted to do. Is that what happened? Mr. Ihekwaba: I believe the -- Chair King: Mr. (UNINTELLIGIBLE) -- Mr. Ihekwaba: -- (UNINTELLIGIBLE) was issued (UNINTELLIGIBLE) -- Commissioner Russell: Before he responds, Madani Chair, if I could just make one comment, because 1 see the path we're going, and 1 want to be very clear. I haven't seen riders wearing the helmets, but I've seen two companies providing the helmets. So, there is compliance within the companies, at least to some extent, and 1 don't -- this is anecdotal. I would like to see the empirical evidence from the Administration of how they're monitoring this and what violations they've observed, what compliance they've observed, because I don't want to knock out the program if there are good operators, I would just like to limit it to the good operators. If they're following our request, they should be able to continue. Chair King:: So let -- let staff address your concerns, please. Juvenal Santana: Good afternoon, Juvenal Santana, Director of Public Works, Department of Resilience and Public Works. Chair King: Good afternoon. Mr. Santana: So, one of the requirements that we had laid out for them was that they would document the rider prior to using the scooter or wearing a helmet. So, we have not gotten any feedbackfrom them on how they've implemented that. That's something that we're going to have to come back to you on. Commissioner Diaz de la Portilla: No, no. Did you request feedback? And I may, Madam Chair. Did you call the companies a day after we passed what we passed here? Mr. Santana: We did the -- we did -- Commissioner Diaz de la Portilla: Did you call them the next day? Mr. Santana: We did send a notification to them with all the requirements that were laid out before -- before Commission. Commissioner Diaz de la Portilla: When did you send it? If I may, ask, to be precise. I think precise language is important. When did you send it? Mr. Santana: I think -- I think we sent it the day after Commission. Commissioner Diaz de la Portilla: Did they respond? Mr. Santana: They all acknowledged receiving it, yes. Commissioner Diaz de la Portilla: Did they respond to it, were they going to comply or not? City of Miami Page 67 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Mr. Santana: I think we all heard them here say that they would comply. As far as the direction that was given to them subsequent to our meeting here, 1 -- their understanding was that this is what had to be done. We didn't need an additional -- Chair King: So, we -- Commissioner Diaz de la Portilla: Madam Chair, I'm sorry. Chair King: -- so we -- Commissioner Diaz de la Portilla: Allow me to finish, please, because it's very frustrating. Chair King: Go right ahead. Commissioner Diaz de la Portilla: The Commission took action. It was very clear, I think, the chairman and we all said that we were going to require certain things, safety measures that were important for the safety of our residents, right? We gave you -- we gave you that directive. We voted on it. We passed it. I want to know what your process is and kind of when we pass something here, what you guys do to implement what we vote on and pass. How does that work? And what follow-up do you have through that whole process? Do you call the companies? Do you -- if you see -- if you find them in violation, do you have them -- do you confiscate the scooters or your people are riding without a helmet? I think helmets are very, very important. I said it from the beginning. The only reason 1 was supporting -- I would support a scooter program in the city of Miami is with the safety measures in place. So, I've been fighting for that for about a year and a half now, right? Something like that. And supporting you, Commissioner Russell, on that. But you know, you got to act. And they were told what to do, but they haven't done it. So, the only recourse that we have at the end of the day is to halt the program and say, you know, until you do it, you can't rent the scooter out. Because our own city government does not follow up on what this city commission says that has to happen via votes that we take, so what's happening here? So, what did you do to follow up on that? Chair King: Mr. Santana, I believe Mr. Santana has answered. He sent the notice out to the operators, and they all acknowledged receipt of -- Commissioner Diaz de la Portilla: But receipt and compliance are two different things. Chair King: Right, now let me finish. Now would your department be responsible for enforcement or is there another department that would be responsible for enforcement. Mr. Santana: So, the program as it sits today, there's an amendment before you in the FR.1 that includes Police to Code Compliance and the program as it sits today, enforcement resides with -- with Code. Chair King: And so, enforcement resides with Code, and here's my issue with that, which I said during that meeting, where are we going to get the staff to enforce -- Commissioner Reyes: Thank you. Chair King: -- all of these regulations. We are already understaffed and with the pandemic, we have staff calling out sick who are affected and, you know, test positive and we're so short staffed. So, I don't -- I don't see how we have the staff to do the enforcement. We just -- we just don't have the staff to do the enforcement. But again, City of Miami Page 68 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 when the program was halted, we had a chamber full of representatives from the scooter program promising that they would do this, that they could do this, they could do this, they could do this. So, I tend to agree with my colleague in that you can't come here and just make empty promises and we still have these safety issues that are being unaddressed. Commissioner Russell. Commissioner Russell: Thank you, Madam Chair. I absolutely agree and if we need to pass a resolution, I do not believe Code and Police should be our enforcement arm here. The scooter companies would love to pass the buck so that we are chasing around riders and giving personal tickets and Code going after people's, you know, liening [sic] against their homes or going after then with a code -- a code violation, the enforcement should be against the companies. And if they know they're going to lose their opportunity to work in Miami, they will use their technology to find a way for their riders to comply. And so, if we find non-compliance, we should be eliminating companies. And that way, what we keep are the good operators who are responsible to the city, to everyone's safety, and to working together with us. I do not want to task Police and Code with more work. I don't want to put it on us. I want to put it on the companies. I want to hold them accountable. So, I still think it falls with Public Works to have the enforcement ability to remove from the program. Is that with you currently under the pilot? Mr. Santana So going back to as far as the -- the changes to the program that are being proposed, the fines are both set right now as proposed to both the scooter company and the user. Commissioner Russell: But there's no mechanism for removal of a company -- Commissioner Reyes: Madam Chair. Mr. Santana: Right now, under the pilot program it -- Commissioner Russell: I think you have that right. I think its written into the pilot program that your department, or the Administration, has the ability to pull anyone out of this pilot program if for non-compliance. Mr. Ihekwaba: Commissioner, if I may? Commissioner Reyes: (UNINTELLIGIBLE). Chair King: Hold on one second. Hold on one second. Commissioner Reyes: Madam Chair. Chair King: Commissioner Reyes would like to be recognized. Commissioner Reyes: Please. It's very interesting, I mean, you -- I am seeing that -- hat I've been hearing is the same thing that I've been talking and saying all along. And -- and I think I went out of it. Hello? Chair King: I can hear you. Commissioner Reyes: Oh, but I cannot see you. Well, I don't know what happened with nay camera. But I -- I always have said that enforcement, we have to be very careful who's going to be enforcing and who's going to pay for it. You see, I don't believe that -- I agree with Madam Chair, that we cannot place this burden in our Code Department or Police Department. You see, this little incident that happened, that took place at Bayside, cost the City of Miami and personnel over close to $5,184, City of Miami Page 69 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 and it was only for a couple of hours. We cannot make the -- the Police Department or Code responsible for it. Now, we are not going to have the police chasing those people that are not in compliance, but somebody has to keep track if they are complying or not. And obviously, they are not -- they don't have the mechanism, even the companies or us, we don't have the mechanism. For example, one of the requirements is that nobody under 18 could rent one of those scooters. Well, if you go in downtown and you go at night and you go in certain areas, you see teenagers, teenagers riding and even, I mean, racing in those scooters. And furthermore, you -- like it was shown today, you see some irresponsible adults that have toddlers, toddlers riding with them, which is also prohibited. So, somebody has to keep track of those companies that are allowing that. But how the companies, 1 want to know what is the company's plan, if there is any, if it is a possibility, which I think it is impossible, that -- 1 mean, what is the plan, the company's plan, to enforce the regulations that they promised that they were going to implement? Chair King: Well -- Commissioner Reyes: And that is, I mean, Madam Chair, you are absolutely right. We cannot -- we cannot burden our departments more for what they have. Who's going to pay for that? Chair King:: Right. Commissioner Reyes: I mean, if we need additional personnel, who's going to pay for that additional personnel? When we have -- could be using the Police Department chasing criminals, you see, instead of chasing scooters. It is something that we have to analyze and see it is worth it. Chair King: Thank you, Commissioner Reyes. So, -- Mr. Ihekwaba: Madam Chair. Chair King: -- we find ourselves in a quandary now where we re -implemented the pilot program. Micro mobility is an issue for us. We want to allow people to get around our city, but we need them to get around safely. So, I am looking to my colleagues to see what is the will of this body. We have a program. We've had contractors come forward and say they would implement these safety measures, and we find now that the measures are not implemented. So, do I have a motion? Commissioner Diaz de la Portilla: I'll move to halt the program until they keep their word. Commissioner Russell: I -- Mr. Ihekwaba.: Madam Chair. (MULTIPLE PARTIES SPEAKING IN UNISON) Chair King: Okay, hold on one second. Do I have a second to that motion? Do I have Commissioner Reyes: I second that motion and that's precisely what I was going to say. You see, because I don't want to sound like the person that ivants to destroy this program. I've always been afraid that -- of the harm that could cause to pedestrian, to themselves, and I -- I don't know, I'm afraid that this is a major tragedy waiting to happen. But I would like, if Commissioner Diaz de la Portilla, if I may add, hold this program until they have a doable plan that is presented, but how it's going to be City of Miami Page 70 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 implemented, and how the measure-- the security measures are going to he implemented, and who is going to pay for it. You see, a comprehensive plan, how we're going to avoid risking those riders getting hurt. Chair King: Right. Commissioner Reyes: Or hurting somebody that is not even a rider, you see? And how they're going to, I mean, comply with the requirements that this Commission placed on the operators. Chair King: Okay, I believe the City Manager wants to weigh in. Mr. Ihekwaba: Yes, Ms. Chair, Commissioners, the Administration recognizes the lapses in the operations of this scooter program. Our proposal is that effective immediately, all non-compliance complaints received that are judged to be provable and correct, merits immediate revocation of the operating permit. That is a good position to take that will force every vendor operator to come into immediate compliance. (COMMENTS MADE OFF THE RECORD) Chair King: Hold on one second. Barnaby -- (COMMENTS MADE OFF THE RECORD) Chair King: -- one second, let me get some legal advice here. Barnaby, where are we with -- (COMMENTS MADE OFF THE RECORD) Mr. Min: So, I was going to suggest until Dr. Ihekwaba just came up with this fabulous idea, that SR.2 has not yet been voted on. Chair King: Right. Mr. Min: So, if SR.2 does not pass, the program is over and the scooters must immediately be taken off the street. So, I only throw that as an option. I'm not advocating, but rather than having a separate resolution or directive, you can simply either move to deny SR.2 or you could defer it to a future date because without the passing of SR.2, there is no pilot program. Commissioner Diaz de la Portilla: Well -- okay. Chair King: Well, I'm not in favor of removing the scooters from the street, but -- I'm not in favor of that. But, and let me be clear, the safety of our residents is of top priority. The safety of our residents. It seems as if Administration has come up with a viable option. Commissioner Diaz de la Portilla: I think so, yes. Chair King: A viable option for scooter operators to -- if they don't come in compliance, they can be removed from the program immediately. Mr. Ihekwaba: Immediately. Chair King: Immediately. City of Miami Page 71 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Commissioner Diaz de la Portilla: But that was my question, define immediately. Mr. Ihekwaba: So immediately is we normally receive either from next door or people sending emails with photographs of scooter operators within the city limits that belong to any of those licensed and permitted vendors that are being operated beyond the requirements of the program. Once we receive those photographic reports, that are evidence, there's no way can disprove it. It shows Lime, or it shows any of those vendors, and the operator doesn't have a helmet, or children that are clearly, clearly less than the age of 18, and operating them, we simply send you a notice of revocation. Commissioner Diaz de la Portilla: Okay. Mr. Ihekwaba: Just like we do in (UNINTELLIGIBLE) -- Commissioner Reyes: Madam Chair -- Madam Chair -- Commissioner Diaz de la Portilla: Wait, wait, wait -- Commissioner Reyes: -- I have a question. Commissioner Diaz de la Portilla: Hold on. Chair King: Hold on. Commissioner Diaz de la Portilla: Hold on. Hold on. Chair King: Hold on. I've got a couple of people speaking at the same time. Commissioner Reyes. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Commissioner Reyes: I'm sorry. Chair King: Go ahead, Commissioner Reyes. Commissioner Reyes: Yes, as I do understand, and this question is for the Administration. There was an RFP (Request for Proposal), and the RFP -- I mean, I will say it was in the process of selecting the companies. I want to know what effect any -- any action that we take here will have on that RFP, you see? If -- if we stop the project, what's happening with the RFP and the selection process that is going on? You see, I think that we have to clarify our position. Where are we in reference to the RFP that went out and it was answered by the scooter company. And I don't know what's going on because maybe we passed a first reading on establishing the permanent program, but we don't know who's going to be there. And it does not have included in the -- in the -- I don't know if it was included in the RFP, the different safety measures that were decided by this Commission, you see? I want to know what's going on with the RFP. Chair King: Let me check with staff. Commissioner Reyes: Yes. Chair King: City Manager? Mr. Ihekwaba: The Procurement Director is going to respond. City of Miami Page 72 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Annie Perez (Director, Procurement): Good afternoon. Annie Perez. The status -- well, first of all, the status of the RFP is tomorrow, we have negotiations scheduled with the top three highest ranked firms. And as regards to the helmets and all those other safety, those were not contemplated in the RFP because that all came up, obviously, in the meeting. December 9th, the RFP had already come out, we had already gotten proposals. So, there were safety measures that we did talk to Commissioner de la Portilla with, early on, that he wanted in there. Those were in there. If I may proffer just an idea, perhaps what we can do with the permanent program, the codification, is to codify the helmets and things like that. That way it is law, and it would have -- and they would have to comply, you know, through this RFP because if the RFP did not contemplate the helmets, it's, you know, it would have to be mandated by law. Commissioner Diaz de la Portilla: Well, if I may, Madam Chair? There's a question of legal. How will we codes that now, post an RFP, right? Because it wasn't a requirement in the RFP. Mr. Min: It's actually in the proposal for FR -- Chair King: FR 5. Commissioner Diaz de la Portilla: The proposal we're doing now -- so that applies? I'm trying to get clarification; it applies to the RFP. Mr. Min: It will apply to the operation of the three companies -- Commissioner Diaz de la Portilla: To the three companies, whatever they are, that got -- won the RFP basically. Mr. Min: Correct. It will apply to the operation of scooters in the city of Miami. Commissioner Diaz de la Portilla: Okay, so how do we cods it? Mr. Min: It's included in -- Commissioner Diaz de la Portilla: By passing FR.2? Chair King: No. Mr. Min: FR.5. Commissioner Diaz de la Portilla: FR.5, I'm sorry. Chair King: 5, so we -- so S -- FR.2 is on the floor now. Commissioner Diaz de la Portilla: Yes, I know. Chair King: Let's take a vote. Mr. Ihekwaba: So ifI may, before we proceed, it's assumed by the Administration that we now have those powers based on the passing of SR.2 to revoke any permit for non- compliance. Chair King: No, I have -- we have to pass an amendment, a resolution to include that after we deal with SR.2. Commissioner Diaz de la Portilla: Correct. City of Miami Page 73 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Chair King: So we have a motion by Commissioner Diaz de la Portilla and a second by Commissioner Russell. All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): And that's as amended? Commissioner Russell: Commissioner Reyes is trying to speak but is muted. Chair King: Commissioner Reyes, we can't hear you. Commissioner Reyes: Please read the amendment. How that -- Chair King: No. The amendment conies next. The amendment will come in the second resolution. Commissioner Reyes: No, no, no, no. We are -- we are voting in SR.2 as it is, right? Chair King: Yes, and then we're going to do an amendment to include the enforcement measures properly by the City Manager. Commissioner Reyes: But -- but 1 thought that Commissioner Diaz de la Portilla, he moved it to halt the program, and that is what 1 second. Correct me if I'm wrong, Mr. City Clerk. Commissioner Diaz de la Portilla: I didn't move, I recommended that we would halt the program, but I never made a motion for it. So, what we're doing now is we're dealing, now they've clarified. Commissioner Reyes: Mr. Clerk, will you go back and please? Commissioner Diaz de la Portilla: Sure. Mr. Hannon: Yes, sir. Yes, sir. That's what I understand it for Commissioner Diaz de la Portilla. Chair King: Yes. So -- Commissioner Reyes: That he made a recommendation. Commissioner Diaz de la Portilla: So, we move SR.2, I moved SR 2, it was seconded, right? And now we're going to vote on it, and then we'll take up FR.5. Commissioner Reyes: Okay. Chair King: The -- Commissioner Diaz de la Portilla: Which comes later. Chair King: No. Then we're going to do an amendment. Commissioner Diaz de la Portilla: Then we'll do an amendment. Chair King: To SR (Second Reading) for this, to do the enforcement. Commissioner Diaz de la Portilla: Okay, but hold on. An amendment to SR.2? City of Miami Page 74 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Mr. Min: So -- Commissioner Diaz de la Portilla: So, if we do an amendment -- hold on, let me ask for my own purpose. So, we have SR.2, I move it, but as amended, what's the amendment? Mr. Min: The amendment is to clarify that it is retroactive because for the past week or so -- Chair King: Right. Mr. Min: -- the pilot program has already been terminated. Chair King: Correct. Commissioner Diaz de la Portilla: Alright, but those are not the safety measures. Chair King: No. Mr. Min: Safety measures would be a separate resolution directing the Administration to revoke the permits for any scooter companies that are not in compliance with this Commission's direct requirements dictated on the record, December 9th. Commissioner Diaz de la Portilla: Alright, so that resolution that will be proposed right now is a pocket item? Mr. Min: Yes, that will come as a separate item. Commissioner Diaz de la Portilla: So that's what we do. Chair King: Yes. Commissioner Diaz de la Portilla: Do we vote on this? Chair King: So, vote on this. Commissioner Diaz de la Portilla: Alright. Chair King: Okay. Commissioner Diaz de la Portilla: I got it. Chair King: Ready? Commissioner Diaz de la Portilla: Yes ma'am. Chair King: Okay. All in favor? Commissioner Diaz de la Portilla: Aye. Commissioner Russell: Aye. Chair King: Commissioner Reyes? Commissioner Reyes: No. Chair King: No? City of Miami Page 75 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Commissioner Reyes: No. Chair King: Okay, so the motion passes. Commissioner Reyes: (UNINTELLIGIBLE) I've been -- and I want to clarify it. I want to make clear why I'm voting no. This is -- what it's doing, it is extending legislation that -- that says, I mean, stipulates, clearly stipulates, that all pilot programs should be for 1 year, in order to avoid what (UNINTELLIGIBLE) problems that we had that we have pilot programs for 10, 15 years, you see. So, I -- I don't want to start exempting any program to it. And although 1 don't agree with the way that this pilot program, and this scooter program has been established, for the reasons that I have said a hundred times, it is not that I am against micro transportation, or that 1 am -- I want -- I'm fix in the old times, you know, that we have horse and buggies. No, 1 am very concerned about the -- I mean, the safety of people that ride those scooters and also people that walk our sidewalks, see? And I -- I stated it and I hope that I am 200 percent wrong, but I am afraid that this is a major, major -- I would say even a fatality waiting for happens [sic]. There has been, in the United States, there have been a lot of people are getting hurt, people that have gone to the hospitals, and there have been people that have been killed, you see. I -- last meeting, I brought a list of 53 people, that have been individuals, persons that were killed. Chair King:: Right. Commissioner Reyes: And I don't want that in my conscience, and that's why all this, there is very strict, strict measures. And -- and not only strict measures, implement --1 mean, we have to have implementing procedures in place that will be foolproof. Chair King: Well, let's get to -- Commissioner Reyes: So, I haven't seen any. Chair King: Okay. Commissioner Reyes: I cannot vote for that. That's it. Chair King: Thank you. Mr. Hannon: And Chair, just for the record, item SR.2 then passes 3-1 with Commissioner Reyes voting no and Commissioner Carollo absent. Chair King: Correct. END OF SECOND READING ORDINANCES City of Miami Page 76 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 10838 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING City Manager's CHAPTER 40/ARTICLE IV/DIVISION 3 OF THE CODE OF THE Office CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST;" MORE PARTICULARLY BY AMENDING SECTIONS 40-254 AND 40-255, TITLED "PAYBACKS FOR MEMBERSHIP CREDIT," AND "BENEFITS," RESPECTIVELY, TO AMEND THE SERVICE RETIREMENT BENEFITS, PROVIDE FOR PURCHASE OF CREDIT FOR CERTAIN NONMEMBERSHIP SERVICE, AND AMEND THE DEFINITIONS OF AVERAGE FINAL COMPENSATION AND NORMAL RETIREMENT AGE; FURTHER AMENDING CHAPTER 40/ARTICLE IV/DIVISION 6 OF THE CITY CODE, TITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE;" MORE PARTICULARLY BY AMENDING SECTION 40-351 OF THE CITY CODE, TITLED "TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE," TO ALLOW CERTAIN EXECUTIVE OFFICERS AND EMPLOYEES TO ELECT TO PARTICIPATE IN EITHER THE TRUST FUND FOR APPOINTED OFFICERS AND EMPLOYEES IN EXECUTIVE SERVICE OR THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST AND PROVIDING FOR THE PURCHASE OF PRIOR SERVICE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Diaz de Ia Portilla NAYS: Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item Number FR.1, please see "Public Comments for all Item(s)." Chair King: Let's take up FR.1. Commissioner Reyes? Commissioner Reyes: Yes. As I stated, when the contract was passed, I totally disagree and I don't think we should increase the maximum, or the pension, the total pension in the city of Miami for certain people only, that increase it to $120,000 or $100,000. I'd rather use that -- the money that we were used -- that we need to provide the pension plan, to -- I mean, to -- money that we need to -- from the general fund that have to go into the pension fund, that those funds to be used to raise the salaries of the lower paid employees, and to make full-time, so many part-timers that we have that have been working for 20 years as a part-timer, which is without any benefits, 15, 10, 20 years. And that's the way that I think that is the most efficient way to use that additional, those additional funds that we have to contribute to the -- to the City of Miami Page 77 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 pension fund instead of increasing the total benefits to $120,000 and $100,000, something that is unheard of in (UNINTELLIGIBLE). I'm a retiree from the school system, and 1 can assure you, there's not a single teacher that will even get even half of that amount. So, having said that, my vote, you know how it's going to go. And that's what I wanted to say. And now you're ready to vote, go right ahead and vote. Chair King: I believe we need the City Attorney to read this into the record. Barnaby Min (Deputy City Attorney): Sorry. The Ordinance was read by title into the public record by the Deputy City Attorney. Chair King: Okay. Ready to vote? Commissioner Diaz de la Portilla: Yes, ma'am. Todd B. Hannon (City Clerk): Sorry, Chair, is there a motion? Commissioner Diaz de la Portilla: So moved. Chair King: Motion. Second? Commissioner Russell: Second. Chair King: Motion and a second. Mr. Hannon: Seconded by Commissioner Russell. Chair King: All in favor? Commissioner Diaz de la Portilla: Aye. Chair King: Aye. All against? Commissioner Russell: You're muted. Mr. Hannon: I think we may have lost Commissioner Reyes. Chair King: Commissioner? Commissioner Reyes: No, no, no, no. Chair King: You're a no vote. Okay. And Commissioner Russell, I didn't hear your vote. Okay, so three in favor, Commissioner Reyes against. Mr. Hannon: Yes, motion passes 3-1. Commissioner Reyes: Motion passes. Okay. Chair King: That concludes the first readings. City of Miami Page 78 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 FR.2 ORDINANCE First Reading 11120 AN ORDINANCE OF THE MIAMI CITY COMMISSION MODIFYING Office of the City THE NUMBER OF ATTORNEYS IN THE OFFICE OF THE CITY Attorney ATTORNEY ("OCA") WITH FUNDING, WHEN NEEDED FOR ADDITIONAL ATTORNEYS, AS ALLOWED, SHALL BE BY BUDGET RESOLUTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Chair King: So now we are going to take up first readings. Anyone want to pull any of the items? Any items being deferred? Commissioner Diaz de la Portilla: Yes, ma'am. I'm going to pull FR.4, which I think requires a four fifths, and that's really timely right now we'll deal with it next Commission meeting. That's correct, Zerry? Is that correct sir? Doctor? Nzeribe Ihekwaba (Deputy City Manager): Yes Commissioner. Commissioner Diaz de la Portilla: And then FR.5 we're going to pull too, right? We're going to defer the motorized scooter program? Mr. Ihekwaba: That's correct. Commissioner Diaz de la Portilla: That's going to be deferred also? I move that as well. Chair King: Okay so that leaves us with -- Commissioner Reyes: No ma'am, through the Chair. Chair King: Okay. Commissioner Reyes: Madam Chair. I want to pull FR.1. Chair King: You want -- Commissioner Reyes: I am not in favor of -- Chair King: You want to pull that for discussion? Commissioner Reyes: For discussion, for voting. Everybody knows my position. I want to state it once again. Chair King: Okay. Hold on, hold on. Commissioner Reyes: I just want it to be voted separately. Chair King: Okay. So, we're going to pull that one. All right. Which leaves us with FR. 2. City of Miami Page 79 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Commissioner Diaz de la Portilla: So moved. Chair King: FR.3. Todd B. Hannon (City Clerk): Chair, FR.3 already passed. Chair King: Oh, that's true. FR.3 already passed. So, we are left with FR.2. Commissioner Diaz de la Portilla: That's it? Chair King: That's it. Do I have a motion to pass FR.2? Commissioner Diaz de la Portilla: So moved. Chair King: Do I have a second? Commissioner Russell: Sure. Second. Chair King: Second by Commissioner Russell. All in favor? Mr. Hannon: Chair, friendly reminder of the title. The Ordinance was read by title into the public record by the Deputy City Attorney. Commissioner Diaz de la Portilla: So now to be clear, how many more attorneys -- if 1 may, Madam Chair, how many more attorneys are we giving to the City Attorneys Office now? Barnaby Min (Deputy City Attorney): I believe the proposal is up to 35. There will be no fiscal impact. The idea is that with the savings that we have in the office now, it'll pay for any additional positions that we need to fill. Commissioner Diaz de la Portilla: How many -- if I may, how many additional positions are you going to fill? Mr. Min: The idea is to fill one position that was approved in September and then a second position based on the resignation of a senior attorney in December. So, the two positions that we'll fill in the next couple of years -- Commissioner Reyes: Point of information. Commissioner Diaz de la Portilla: Okay, that's fine. Commissioner Reyes: Point of the information, Madam Chair. Chair King: Go ahead. Commissioner Reyes: I heard you say that given the savings. Are those savings going to come from reduction in salaries? Chair King: No. Mr. Min: No, the savings are based on efficiencies within the office of the City Attorney. Commissioner Reyes: Okay. I thought you were going to (UNINTELLIGIBLE) yourself. City of Miami Page 80 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Commissioner Diaz de la Portilla: Efficiencies. Commissioner Reyes: Efficiency is what we need. Commissioner Diaz de la Portilla: I never use that word, Madam Chair, in government, efficiencies. I've never seen that before, hut I like it. Chair King: We're going to use it. Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Commissioner Reyes: (UNINTELLIGIBLE). Through the Chair, we're going to have a huge discussion on efficiency very soon. Chair King: Okay. Commissioner Reyes: Because since I was elected, I've been asking for it. Chair King: Okay. Commissioner Reyes: Okay. Chair King: So -- Commissioner Reyes: A11 right. Chair King: Can we vote on the item now? Commissioner Reyes: Yes, ma'am. Chair King: All right. All in favor? The Commission (Collectively): Aye. Chair King: Motion passes unanimously for FR.2. City of Miami Page 81 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 FR.3 ORDINANCE First Reading 11219 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 62/ARTICLE XVI/SECTION 62-655 OF THE CODE OF Attorney THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ART IN PUBLIC PLACES BOARD;" MORE PARTICULARLY BY AMENDING SECTION 62-655(C)(4) TO SPECIFY THAT THE ART IN PUBLIC PLACES BOARD'S APPROVAL, APPROVAL WITH CONDITIONS, OR DENIAL OF PROPOSED INSTALLATIONS, DEDICATIONS, OR DONATIONS OF ART BASED ON THE PUBLIC ART PROGRAM GUIDELINES AND PUBLIC ART MASTER PLAN IS NOT APPLICABLE TO PROPOSED INSTALLATIONS, DEDICATIONS, OR DONATIONS OF ART THAT HAVE BEEN APPROVED BY THE MIAMI CITY COMMISSION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item Number FR.3, please see "Order of the Day." Commissioner Reyes: So, I move FR.3, if I may, Madam -- Madam City Attorney -- I mean Madam Chair. Madam Chair. Hello? Chair King: I'm sorry, Commissioner Reyes, the City Clerk was speaking to me. Commissioner Reyes: Oh, okay, that's fine. Chair King: You would like to take up FR.3 right now as well? Commissioner Reyes: Yes, ma'am. First FR.3 -- Chair King: Yes. Commissioner Reyes: -- and then I will address CA.12. FR.3 -- Chair King: Are (UNINTELLIGIBLE) in agreement with that? Commissioner Reyes: I move it. I'm moving it. Chair King: Is everyone in agreement with that? Commissioner Diaz de la Portilla: FR.3? Chair King: FR.3. Commissioner Diaz de la Portilla: Which is what, the AIPP (Art in Public Places) approval? City of Miami Page 82 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Commissioner Reyes: It's the -- it's the approval of the art in public places. You see, without FR.3, then we cannot have art. And at that particular part, we won't be able -- it's an amendment to the section, so we can extend certain commission approved art -- art in public places. Commissioner Diaz de la Portilla: So, it -- Commissioner Reyes: It is proposed to install -- install dedication and donation. Commissioner Diaz de la Portilla: I'll move for the adoption of FR.3. I'll move that. Commissioner Reyes: Second. Chair King: Okay. Is there anyone here for public comment on FR.3? Seeing no one here for comment on FR.3, City Attorney, would you please read FR.3 into the record? Barnaby Min (Deputy City Attorney): Yes, Madam Chair. The Ordinance was read by title into the public record by the Deputy City Attorney. Chair King: We can take a vote -- Commissioner Diaz de la Portilla: Yes. Chair King: We can take a vote now. All in favor? The Commission (Collectively): Aye. Chair King: Item passes. City of Miami Page 83 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 FR.4 ORDINANCE First Reading 9022 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 31 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS," CREATING ARTICLE V, TITLED "HOURLY HOTEL/MOTEL RENTALS," PROHIBITING HOTELS AND MOTELS LOCATED IN THE CITY OF MIAMI FROM RENTING HOTEL AND MOTEL ROOMS ON AN HOURLY BASIS; MORE PARTICULARLY BY CREATING SECTION 31-88, TITLED "HOTEL/MOTEL HOURLY RENTALS PROHIBITED"; SECTION 31- 89, TITLED "PENALTIES"; SECTION 31-90 TITLED "CUMULATIVE REMEDIES"; SECTION 31-91, TITLED "IMMUNITY"; SECTION 31- 92, TITLED "SEVERABILITY OF ORDINANCE"; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: Item FR.4 was continued to the February 10, 2022, City Commission Meeting. Commissioner Russell: Madam Chair, do you need a motion for deferral? Todd B. Hannon (City Clerk): No -- for -- yes, FR.4 and FR.5 still need to be either deferred or continued, and a motion will be required. Chair King: for 4 and 5? Mr. Hannon: Yes, yes ma'am. Chair King.: Okay, do I have a motion to defer FR.4? Commissioner Diaz de la Portilla: I will move to defer FR4 and FR5. Chair King: Do I have a second? Commissioner Reyes: Second. Commissioner Russell: To what date? Commissioner Diaz de la Portilla: To the first week of February, first Commission meeting in February. Mr. Hannon: That will be February loth. Commissioner Diaz de la Portilla: February loth. Commissioner Reyes: February 1 oth. I second. City of Miami Page 84 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion passes. FR.5 ORDINANCE First Reading 11135 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES," MODIFYING AND PROVIDING FOR ADDITIONAL SAFETY MEASURES AND OTHER REGULATIONS; AND ADDING DIVISION 2 TO PROVIDE FOR THE PERMANENT MOTORIZED SCOOTER PROGRAM; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: Item FR.5 was continued to the February 10, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number FR.5, please see Item Number FR.4 and "Public Comments for all Item(s)." END OF FIRST READING ORDINANCES City of Miami Page 85 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 BC.1 8938 Office of the City Clerk BC - BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AFFORDABLE HOMEOWNERSHIP LOAN PROGRAM TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 86 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 BC.2 8152 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 87 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 BC.3 6672 Office of the City Clerk BC.4 11097 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Christine King Commission -At -Large City of Miami Page 88 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 BC.5 11096 Office of the City Clerk BC.6 11098 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gabriel Paez Civilian Investigative Panel RESULT: NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CLIMATE RESILIENCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large City of Miami Page 89 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 BC.7 6958 Office of the City Clerk BC.8 10778 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE COMPLIANCE TASK FORCE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Christine King Commission -At -Large City of Miami Page 90 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 BC.9 8804 Office of the City Clerk BC.10 11270 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN AND QUALITY OF LIFE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Patrick Owens Mayor Francis Suarez ENACTMENT NUMBER: R-22-0027 City of Miami Page 91 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Chair King: Okay. Mr. City Clerk, boards and committees. Todd B. Hannon (City Clerk): Thank you, Chair. BC.10 Community Relations Board, Mayor Suarez would like to reappoint Patrick Owens. Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: Who? Mr. Hannon: Patrick Owens. Commissioner Diaz de la Portilla: Okay. Chair King: Is that it? Mr. Hannon: Yes, for the Community Relations Board, yes. Chair King: Okay, all right. We are now on -- Mr. Hannon: There was a motion by Commissioner Reyes. Commissioner Reyes: Yes, I move it. Mr. Hannon: I didn't hear who the seconder was. Commissioner Russell: I'll second it. Chair King: Seconded by Commissioner Russell. Mr. Hannon: And I just need a vote on that motion. Chair King: All in favor? The Commission (Collectively): Aye. Mr. Hannon: That concludes the boards and committees. City of Miami Page 92 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 BC.11 5976 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King IAFF FOP AFSCME 1907 AFSCME 871 City of Miami Page 93 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 BC.12 11271 Office of the City Clerk BC.13 8267 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER ("LGBTQ") ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large City of Miami Page 94 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 BC.14 7963 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 95 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 BC.15 8269 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY INDIVIDUALS AS MEMBERS OF THE COMPETITIVENESS FOR TERMS AS APPOINTEES: RESULT: NO ACTION TAKEN COMMISSION APPOINTING CERTAIN MAYOR'S COUNCIL ON GLOBAL DESIGNATED HEREIN. NOMINATED BY: Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large Commission -At -Large City of Miami Page 96 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 BC.16 8805 Office of the City Clerk BC.17 7261 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI FOREVER BOND PROGRAM CITIZENS' OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Ken Russell Commissioner Joe Carollo Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI RIVER COMMISSION FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: RESULT: NO ACTION TAKEN Commission -At -Large City of Miami Page 97 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 BC.18 9270 Office of the City Clerk BC.19 11272 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI TECHNOLOGY COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Ken Russell Commissioner Manolo Reyes Commissioner Christine King Commission -At -Large RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King City of Miami Page 98 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 BC.20 3693 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE STARS OF CALLE OCHO WALK OF FAME COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Mayor Francis Suarez Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Joe Carollo Commission -At -Large Commission -At -Large Commission -At -Large City of Miami Page 99 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 BC.21 11273 Office of the City Clerk BC.22 9549 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Alex Diaz de la Portilla Commissioner Ken Russell Commissioner Joe Carollo Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Manolo Reyes Commissioner Christine King Commissioner Christine King RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: RESULT: NO ACTION TAKEN Commissioner Ken Russell City of Miami Page 100 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 BC.23 8943 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: RESULT: NO ACTION TAKEN END OF BOARDS AND COMMITTEES NOMINATED BY: Commissioner Alex Diaz de la Portilla Commissioner Joe Carollo Commissioner Manolo Reyes Commissioner Christine King City of Miami Page 101 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 DI.1 11128 Department of Solid Waste DI - DISCUSSION ITEMS DISCUSSION ITEM MAY BE DEFERRED A DISCUSSION REGARDING THE BULKY TRASH COLLECTION COST STUDY REPORT. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: Item DLI was deferred to the February 24, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number DI.1, please see "Order of the Day." DI.2 DISCUSSION ITEM 11313 A DISCUSSION ITEM REGARDING THE UNDERLINE PROJECT City Manager's PRESENTATION. Office MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item DL2 was deferred to the January 27, 2022, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number DL2, please see "Public Comments for all Item(s)." Commissioner Diaz de la Portilla: Are you done? Chair King: We are done. Commissioner Diaz de la Portilla: Okay, before you go, I think we have some -- Todd B. Hannon (City Clerk): Chair? Chair, sorry, we just need to defer DL2? Commissioner Diaz de la Portilla: Yes. Chair King: Yes, we did. City of Miami Page 102 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Commissioner Diaz de la Portilla: Yes, we did. Chair King: Do you need a motion for that? Mr. Hannon: Yes. Commissioner Diaz de la Portilla: I move to defer DI.2. Mr. Hannon: You do need a motion. Chair King: Yes. Commissioner Reyes: Second. Commissioner Diaz de la Portilla: So moved. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Mr. Hannon: And that will be deferred to the January 27th meeting. Chair King: Yes. Commissioner Diaz de la Portilla: Yes. END OF DISCUSSION ITEMS City of Miami Page 103 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE First Reading 5310 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21"); MORE SPECIFICALLY, BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS," TO MODIFY THE DEFINITIONS OF ATTAINABLE MIXED -INCOME HOUSING AND WORKFORCE HOUSING; BY AMENDING ARTICLE 3, SECTION 3.15, TITLED "AFFORDABLE AND ATTAINABLE MIXED -INCOME HOUSING SPECIAL BENEFIT PROGRAM SUPPLEMENTAL REGULATIONS," TO ADD NEW INCENTIVES INCLUDING A FLOOR LOT RATIO BONUS AND NEW MINIMUM UNIT SIZES FOR THE DEVELOPMENT OF PROJECTS PROVIDING HOUSING FOR MIXED -INCOME POPULATIONS, AND TO PERMIT AFFORDABLE AND ATTAINABLE MIXED -INCOME DEVELOPMENTS ABUTTING A T3, "SUB -URBAN ZONE," TRANSECT ZONE BY PROCESS OF EXCEPTION WITH CITY COMMISSION APPROVAL; CLARIFYING LANGUAGE WITHIN MIAMI 21; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item Number PZ.1, please see "Public Comments for all Item(s)." Chair King: We have D1.2, the Underline project presentation, but I don't think -- is anyone here for the -- Commissioner Russell: I think we said 4:30 times certain. Chair King.: Right, we're not going to make -- Commissioner Diaz de la Portilla: No. Chair King: We're not going to make -- Commissioner Diaz de la Portilla: I think we go home, and we come back on the 27th. How about that? Chair King: Which, I made them aware that we might not be here then. Okay, so Planning and Zoning. Does anyone want to pull any of these items? Commissioner Russell: I'll move PZ.1. Chair King: You'll move PZ. 1? Is there a second? City of Miami Page 104 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Commissioner Diaz de la Portilla: I'll second that. Chair King: Any discussion? Commissioner Reyes: There's a discussion. Commissioner Russell: Yes. I'd like to, Madam Chair. Chair King: Commissioner. Commissioner Reyes: Madam Chair. Madam Chair. Chair King: Hold on one second, Commissioner Reyes. Commissioner Russell is recognized. Commissioner Russell: I'd like to proffer an amendment before we start the discussion, but I think -- because I think Commissioner Reyes and I have gone back and forth on this many, many months and deferred many, many times. Commissioner Reyes: Yes. Commissioner Russell: I think it's time to bring it to a head and try to find a consensus. I think we all want affordable housing, and we do all want to protect our single family neighborhoods as well. So, 1'd like to proffer an amendment that replaces the abutting T3 language that's in the draft that's presented on the record with these words. In 3.15.3, it would read, `Affordable and attainable mixed income housing developments that are zoned T3 are not eligible for the provisions in section 3.15." And here comes the exception. Notwithstanding all affordable projects at or below an AMI (Area Median Income) of 80 percent,, or government and civic projects, whether owned or leased or publicly funded by City, County, CRA (Community Redevelopment Agency) or a religious institution, shall be permitted to develop an affordable and attainable mixed -income housing development that abuts a T3 zone by exception with City Commission approval. All projects which share a property line with a T3 zone shall provide a buffer appropriate to the context in accordance with Article 4, Table 12. That would be the amendment I would proffer. Commissioner Reyes: Hold on a second. I -- I think that there's something missing there because there's a (UNINTELLIGIBLE) I've been discussing it with Cesar and everybody, and I don't -- I don't quite get what you are saying it is -- okay. It is -- are not eligible for the provision (UNINTELLIGIBLE) AMI 80 percent (UNINTELLIGIBLE) whether owned or leased by City, County, CRA, you see. Commissioner Russell: I added the term publicly funded as well, so that we don't preclude ourselves from something we are funding as a city, or one of our government agencies are funding, that we at least have the freedom to go through the exception process for them as well. Commissioner Reyes: But Mr. -- Mr. -- you see, you are trying -- I mean, this is very smart, you see. When you (UNINTELLIGIBLE) public funding, anything that you give (UNINTELLIGIBLE) $5, 000, that's public funding, and then they will provide -- I mean they could -- they would qualify. I don't think we should include public funding. You see, there is a --and I do understand what you're trying to do, and I agree that we must do something about it, but one thing that really irks me it is that -- as a -- time goes by and I've been here, I have seen more and more encroachment of the T3s, and I don't want to open the floodgates, but anybody that owns -- can buy land next to a -- to a T3 and they can say, okay, let's do this -- this project in which I am going to get benefits .for parking, I'm going to get -- I mean, a reduction on -- on the size of the City of Miami Page 105 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 apartments, and an increased number of -- increase on apartments. And you know how bad it's going to affect the neighborhoods. People are going to be parking all over and our neighborhoods are going to be very, very affected. I mean, the harm is going to be tremendous. And the one thing that I don't want you to take this personal, but that I really, in a way, I wonder if those proponents of those type of development next to the T3s will move, will buy a house next to one of these projects and move there, you see? I don't see anybody moving or any of those developers coming and saying, no, I'm going to buy a house or I'm going to live in those apartments, you see. We need -- we need affordable housing, and we need development. But development for development sake, no. We have to look into the negative effects of all the projects that we are going to do on the established neighborhoods that we have in the city of Miami. And that -- that is my position. That is why I agree with everything you say. 1 mean, 1 am willing to compromise, but take that public funding away because public funding is very generous. It encompasses any type of funds that will be -- I mean that any institution, any institution will provide to these developers. And it could be public funding, it could be money from the federal government, from Dade County, or from the City, or whatever. Commissioner Russell: Madam Chair? Chair King: So Commissioner Russell, did you hear what? Commissioner Russell: I did, and I really appreciate compromise, Commissioner Reyes. 1 know you're -- you're very strong on protecting T3 and their interests. Commissioner Reyes: Yes sir. Commissioner Russell: I'd like to make an example for you that hopefully at least lets you see what I'm trying to accomplish here. In the West Grove, I have the entire Grande Avenue basically abuts T3, and none of that is government -owned land, none of it -- almost none of it is church -owned land. They're private property that will build market rate guaranteed. But if we incentivize them to do affordability, with safeguards in place for the T3, an exception process, and they have to be involved with us in some way, through a grant or a TIF (Tax Increment Financing) deal or something, we could do a floor for like what percentage or amount that would be so it's not just a scapegoat to get them into the -- into the fold. We want to protect that T3. Like for example, we would not allow that to happen without the regulations of ingress and egress and parking, because the back side of that T5 is T3. But I don't want it to just be market rate with no ability to -- to incentivize them. I don't want all the affordable housing to be built on our dime and our shoulders. I want market rate developers to suddenly, see a reason to be involved in this, but we've still retained the protection through the exception process that any one of those has to come to this Commission. We can elevate the threshold of the vote if you want, four -fifths. Chair King: Commissioner -- Commissioner Reyes: Madam -- Chair King: May I, Commissioner Reyes? May I? It seems as if we are still at an impasse on this item and I think -- Commissioner Russell: We're close. Chair King: I think we should take it back. The options that you've offered to staff, so that Commissioner Reyes can take a look at it, he can add in what he's interested in because I don't, if I'm reading the tea leaves right today, I don't think we have a four - fifths vote. So, I'd like to defer the item. City of Miami Page 106 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Commissioner Diaz de la Portilla: I move to defer. Chair King: So that we can get -- Todd B. Hannon (City Clerk): Chair. Commissioner Reyes: I second, but 1 want to answer -- I want to answer -- Mr. Hannon: If I could just have Diaz de la Portilla -- I'm sorry, Commissioner Russell made the motion, so if Commissioner Diaz de la Portilla could just remove -- withdraw your second. Commissioner Diaz de la Portilla: I'll withdraw my second and I'll make a new motion to defer. Commissioner Reyes: And I will second. Chair King: And Commissioner Reyes seconded. Commissioner Reyes: But before we go into it, I want to answer the argument of -- of Commissioner Russell. Commissioner Russell, you see, you're talking about exceptions. When exception conies and we deal with it when it comes, but 1 don't want to give them a carte blanche now that everybody that owns land next to T3s, and if you don't believe me, what the effect -- the negative effect, 1 will --1 will invite you to my house that it is on 7th Street, Southwest 7th Street. And I have buildings that every single tenant parks in the swales of all -- everybody here. Where a lot of people here, they come and they walk, those people that live in those apartment buildings. They come and they walk the dogs, and they do what the dogs do in everybody's yard, and nothing happens. And the traffic is horrendous. It is very easy to make decisions when you don't have -- or propose -- or propose different changes in the way that -- or the amount of people that can be incorporated into a building, and the amount of apartments and all of that, when you are far away from it, you see? Chair King: Commissioner Russell. Commissioner Reyes. Commissioner Reyes: Hold on a second, hold on a second. What I'm saying is this, if there -- according to what you're saying here, there are some exceptions, and I think that what we have to do is take those exceptions one at a time, but don't open the floodgates. Okay? Chair King: Okay. Commissioner Russell? Commissioner Russell: Commissioner Reyes, if I were to remove the words publicly funded, would you accept the remainder of the amendment? Commissioner Reyes: Yes. Commissioner Russell: Then I'd like to give it a last chance, rather than deferring the item, to actually pass it on four fifths, today with the amendment, with everything that I said except for the words publicly funded, and I can read it again if you like. Mr. Hannon: And Chair, just so you know, on the floor there is a motion by Commissioner Diaz de la Portilla and Commissioner Reyes to defer. Commissioner Reyes: Well, let's do one thing. Commissioner Russell: Right. City of Miami Page 107 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Commissioner Diaz de la Portilla: The issue is very simple, Madam Chair, if 1 may. We defer to the next Commission meeting. Commissioner Russell: We have consensus. Commissioner Reyes: Absolutely. Commissioner Russell: I may not have him next meeting. Commissioner Diaz de la Portilla: I don't think we have consensus. Commissioner Russell: Okay, but that may be different. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: What's the big deal? Commissioner Reyes: That's right. Commissioner Russell: There are projects -- there are projects waiting, for this. Commissioner Diaz de la Portilla: For two weeks? Commissioner Reyes: For one week? Commissioner Diaz de la Portilla: Two weeks, really? Commissioner Russell: They're already delayed. Commissioner Two weeks. And they're not going to -- if they are -- if they -- if they are not willing to wait two weeks, they don't deserve any -- any change in -- in the regulations, (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: My motion stays to defer. Commissioner Reyes: And my, and my second stays, and let's vote on it. Commissioner Russell: I'm sorry, just a minute. It wouldn't -- can we do a two week deferral? Would it be a four week deferral? Does it have to go back to the committee? Chair King: No, we can defer it to the next commission meeting. Commissioner Russell: Yeah. Chair King: We can defer it to the next commission meeting. Commissioner Diaz de la Portilla: The world will not end. Chair King: Okay, so what is the will of the body? There's a motion to defer and a second to defer -- Commissioner Reyes: Yes. Chair King: -- to the -- Commissioner Diaz de la Portilla: 27th. City of Miami Page 108 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Chair King: -- January 27th Commission meeting. Commissioner Reyes: Okay. Chair King: Wait, I see some folks that would like to come forward. Oh, that's me, that's me, that's me, getting used to -- Iris Escarra: Oh, yes, I'm on now. Good afternoon, everyone and Happy New Year. Iris Escarra with offices at 333 Southeast 2nd Avenue. Commissioner, you are correct, two weeks is not going to necessarily be a huge impact because we would still have to apply and process an exception and so forth. But 1 do want to point out that this legislation has been trying to move forward in one format of another since 2019. So, we do have some -- Commissioner Reyes: Yes ma'am. Ms. Escarra: So, we do have some affordable projects that are in line, that have been waiting, that we've been trying to make sure that it is as complete as possible to address all the Commissioners' concerns. So, we would ask if please in two weeks we have some consensus because we would really like to move forward because we have dollars locked in from the state. Commissioner Diaz de la Portilla: That's fair. Chair King: Right. I think -- Commissioner Reyes: Madam Chair. Chair King: I think we're very close. What didn't want to see happen is -- Ms. Escarra: (UNINTELLIGIBLE) two words. Commissioner Reyes: Okay (UNINTELLIGIBLE) -- Commissioner Diaz de la Portilla: That's more than fair. Chair King: What I didn't want to see happen is that it died -- Ms. Escarra: Of course. Chair King: -- because it requires a four ffhs. Ms. Escarra: We appreciate that. Barnaby Min (Deputy City Attorney): Madam Chair? Ms. Escarra: Thank you very much. Mr. Min: -- it does not require a four fifths vote (UNINTELLIGIBLE). Commissioner Reyes: Madam Chair, can I address what Ms. Escarra's doing -- saying? Yes, it has been since 2019. And I have been opposing it since then. And I'm glad I did, because at the time, those apartments that were called workforce, they were -- according to the language and the -- I mean, the way that they were doing it, they were going to be rented at 140 percent of the AMI. It was close to over $2,000 a month. And I had a great fight, and after many, many, many tries, I brought it down that the maximum is 80 percent of AMI, which protects those people, those low - City of Miami Page 109 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 income people, and 1 wish 1 could have brought it down. So, when you talk about affordable, make sure that you and 1 are in the same -- the same -- we have -- we have the same meaning of what affordable is, you see, because affordable to some of you guys, the developers, nothing wrong with it, you are -- it's business, you can get as much as you can. But we were blessing those apartments and giving them benefits under the promises that they were going to proffer affordable housing with the name of workforce at $2,000 per month, you see. Chair King: Okay. Commissioner Reyes? Commissioner Reyes: 1 want to make sure, and I'm glad that 1 could change that. Chair King: Well, um -- Commissioner Russell: I just want to make sure we're all on the same page because Commissioner Reyes and I completely agree. Chair King: Right, so, okay. Commissioner Reyes: Okay. Chair King: Can we, Commissioner Diaz -- Commissioner Reyes: Let's move. Chair King: -- de la Portilla, can you withdraw your motion to defer so that we can move forward? Commissioner Reyes: No, let's, let's -- Commissioner Diaz de la Portilla: No, no. You want to move forward? Chair King: I would like to move forward with the item. Commissioner Diaz de la Portilla: Okay, then, in deference to you -- Chair King: Commissioner Russell said that he would remove -- that he would take away the public funding -- Commissioner Diaz de la Portilla: Public funding. Chair King: He would take away the public funding. Commissioner Diaz de la Portilla: So, in deference to you, yes ma'am. I withdraw my motion. Chair King: Okay. So. Commissioner Russell: I'll make a motion once again for -- Commissioner Diaz de la Portilla: I'll make a motion to pass as is -- Commissioner Reyes: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: -- with his amendment. Let me make the motion. Commissioner Russell: Thank you. City of Miami Page 110 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Commissioner Diaz de la Portilla: (UNINTELLIGIBLE) right? And I'll make the motion -- Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: -- eliminating public funding -- Chair King: Okay. Commissioner Diaz de la Portilla: -- from the language and (UNINTELLIGIBLE). Commissioner Reyes: And in deference to you, Madam Chair, 1 know that there is a very important project in your district. Commissioner Diaz de la Portilla: Yes -- Chair King: It is. Commissioner Diaz de la Portilla: -- that's why -- (MULTIPLE PARTIES SPEAKING IN UNISON) Commissioner Diaz de la Portilla: --1 in deference to you, Madam Chair. Chair King: Thank you. Commissioner Reyes: I am -- I am very clear, you see, I don't -- I vote (UNINTELLIGIBLE). In deference, to you, if those two words are removed, I will vote in favor. Chair King: Okay, so may, I have a vote? Mr. Hannon: Chair? Commissioner Diaz de la Portilla: Aye. Chair King: Do you need to read it again? Mr. Hannon: Chair? Mr. Min: Yes, ma'am. Commissioner Diaz de la Portilla: Do I read it again? Mr. Hannon: Two things. One, I didn't catch the seconder. My apologies. Commissioner Russell: Second. Mr. Hannon: Okay. And yes, the title does need to be read into the record. The Ordinance was read by title into the public record by the Deputy City Attorney. Commissioner Diaz de la Portilla: Can you read it a second time? No, I'm just kidding. Chair King: All in favor. City of Miami Page 111 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 PZ.2 9385 Commissioner Diaz de la Portilla: Aye. Chair King: All in favor? The Commission (Collectively): Aye. Commissioner Reyes: Aye, but I didn't cast a -- Mr. Hannon: As amended. Commissioner Russell: As amended. Commissioner Reyes: As amended without public funds. Chair King: Yes, without public funds. Commissioner Diaz de la Portilla: Without public funds, yes. Commissioner Russell: Commissioner Reyes, thank you very much. Compromise, look at this. Look at us. Chair King: The motion passes unanimously. Applause. Chair King: Hey, no clapping, no clapping. Commissioner Reyes: Okay. ORDINANCE MAY BE DEFERRED First Reading 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 ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING ARTICLE 2, SECTION 2.2.1.3 AND SECTION 2.2.2 TO CLARIFY THAT THE MIAMI 21 CODE PROVIDES A HIGHER STANDARD OF ZONING FOR THOSE PROPERTIES LOCATED IN THE MIAMI-DADE COUNTY RAPID TRANSIT SYSTEM DEVELOPMENT ZONE AND PROVIDING THAT ALL SUCH PROPERTIES SHALL REMAIN SUBJECT TO ALL OF THE PROVISIONS OF THE MIAMI 21 CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: Item PZ.2 was deferred to the January 27, 2022, City Commission Meeting. City of Miami Page 112 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 PZ.3 10770 Commissioners and Mayor - PZ Note for the Record: For minutes referencing Item Number PZ.2, please see "Order of the Day." ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO AMEND APPENDIX C — MIDTOWN OVERLAY DISTRICT, SECTION 627.1.6, TITLED "BUILDING PLACEMENT AND BUILDABLE AREA", AND SECTION 627.1.7, TITLED "MAXIMUM HEIGHT, BUILD -TO, MINIMUM SETBACK AND USE REQUIREMENTS"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Ken Russell, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Chair King: Okay, next item is PZ.3. Can you read it into the record? Barnaby Min (Deputy City Attorney): Yes, ma'am. The Ordinance was read by title into the public record by the Deputy City Attorney. Commissioner Russell: I'll move it. Commissioner Diaz de la Portilla: I'll second it. Chair King: Any discussion? Seeing none, all in favor? The Commission (Collectively): Aye. Chair King: Motion passes. Commissioner Diaz de la Portilla: Are we done? Todd B. Hannon (City Clerk): And I'm recording that as unanimous. Commissioner Diaz de la Portilla: Unanimous. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 113 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 FL.1 10621 Department of Building FL.2 11260 Office of Zoning FL - FUTURE LEGISLATION ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING CHAPTER 62, ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "TREE TRUST FUND" IN ITS ENTIRETY AND AMENDING CHAPTER 17 OF THE CITY CODE TITLED "ENVIRONMENTAL PRESERVATION," TO CREATE A NEW TITLE "TREE PRESERVATION AND PROTECTION"; FURTHER PROVIDING CLARIFICATION OF DEFINITIONS AND PROCEDURES THROUGHOUT CHAPTER 17, AS AMENDED HEREIN AND PROVIDING NEW EXEMPTIONS; FURTHER ESTABLISHING A NEW ARTICLE IV, TITLED "TREE TRUST FUND" TO PROVIDE THAT PAYMENTS FOR TREE VIOLATIONS BE REMITTED TO THE TREE TRUST FUND AND TO PROVIDE THAT A SPECIFIED PERCENTAGE FROM THE TREE TRUST FUND BE EXPENDED FOR EDUCATING CITY RESIDENTS ON TREE PLANTING AND TREE MAINTENANCE AND A SPECIFIED PERCENTAGE BE EXPENDED BY THE CITY FOR MAINTENANCE OF TREES ON PUBLIC PROPERTY; FURTHER SLIGHTLY ADJUSTING THE PERCENTAGES IN TREE TRUST FUND EXPENDITURES TO ACCOMMODATE THESE NEW PERCENTAGES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13, ARTICLE I, TITLED "DEVELOPMENT IMPACT AND OTHER RELATED FEES/IN GENERAL," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") SPECIFICALLY BY AMENDING SECTION 13-16(D), TITLED "PETITIONS FOR REFUND OF IMPACT FEES," TO PROVIDE FOR REFUNDS UNDER LIMITED CIRCUMSTANCES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. RESULT: NO ACTION TAKEN END OF FUTURE LEGISLATION City of Miami Page 114 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 NA.1 11359 Office of the City Clerk NA - NON -AGENDA ITEM(S) ORDINANCE (4/5THS) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, TEMPORARILY WAIVING A PORTION OF SECTION 54- 226(F) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW FOOD ESTABLISHMENTS LOCATED IN THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT TO BE ELIGIBLE TO RECEIVE A STREET CAFE PERMIT; PROVIDING FOR AN EXPIRATION DATE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14044 MOTION TO: Adopt as an Emergency Measure RESULT: ADOPTED AS AN EMERGENCY MEASURE MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Diaz de Ia Portilla, Reyes ABSENT: Carollo Note for the Record: Item NA.1 passed as an Emergency Ordinance with two roll calls. For the first roll call, a motion was made by Commissioner Reyes, seconded by Commissioner Russell, and was passed unanimously, with Commissioner Carollo absent, to pass NA.1 as an Emergency Ordinance. The second roll call to pass NA.1 as an Emergency Ordinance is reflected above in the vote result box located underneath the enactment number. Chair King: The January 13, 2022, City of Miami Commission meeting is now back in order. I would like to check with the City Clerk. Mr. Hannon, do we have any -- or the City Manager, do we have any pocket items this afternoon? Nzeribe Ihekwaba (Deputy City Manager): I believe -- I believe Commissioner Russell has a pocket item. Chair King: Do we have a copy of your pocket item? Commissioner Russell: It should have been circulated. Mr. Clerk, have you got a copy of my pocket item? This is an emergency ordinance with regard to outdoor dining. In the Coconut Grove BID (Business Improvement District) area, we've been excluded from the most recent ordinance. But considering the surge in Omicron, the need for outdoor dining is pretty important. So, for the next three months, we'd like Grove restaurants to be able to apply to the new permitting program for 90 days. I'd like to ask if we could do an emergency two reading of this so it can be implemented as soon as possible because they're -- they're currently still dining outside but they're out of compliance at this point because the permits all ended on I think it was December 31st. So, it's a pocket item requesting inclusion of the Coconut Grove businesses for the next three months in the permitting process for outdoor dining based on the emergency -- health emergency. Commissioner Reyes: Madam Chair, we want to vote on it, or we'll take this item now or? City of Miami Page 115 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Chair King: Hold on one second. Thank you. City Attorney, are there any issues with this item? Barnaby Min (Deputy City Attorney): It needs to pass by four -fifths vote because there's only four commissioners today, that would mean it's a unanimous vote of the body today. Chair King: Okay. Mr. Min: It would need to be unanimous because it's a four -fifths vote. Chair King: Okay. Commissioner Reyes, you wanted to say something? Commissioner Reyes: No, 1 just wanted to know if you wanted -- we can take it now because I will move it. I know that -- I have been a great proponent of allowing restaurants to be able to use the outside dining in order to increase the -- the number of people that can -- I mean, that they can serve and also increase the revenues, which is very much needed after they have gone through this pandemic, that they have been - - the sector that has been more, I would say, hurt in our economy, in the service sector. So, if we can move it, I'll move it. Chair King: Okay, the item needs to be read into the record. Could you please do that for us, City Attorney? Mr. Min: Yes, ma'am. The Ordinance was read by title into the public record by the Deputy City Attorney. Commissioner Russell: I'll second the motion. Chair King: Okay. Okay. Do I have a motion? Commissioner Russell: Commissioner Reyes was the motion. I'll second. Commissioner Reyes: Yes, I just moved -- Chair King: Do you have a second? Commissioner Reyes: I made a motion. Commissioner Diaz de la Portilla: I'm going to oppose the item, if you'll allow me. Chair King: Hold on. Wait. Before you -- before you oppose it, let me see if we have anyone here for public comment. Commissioner Diaz de la Portilla: Yes, ma'am. Chair King: Is there anyone here that wishes to speak on this item? Commissioner Diaz de la Portilla? Commissioner Diaz de la Portilla: I don't understand what the emergency nature is and why we're giving special privileges to a particular area in Miami. Commissioner Russell: Thank you. Pm glad to explain. Commissioner Diaz de la Portilla: Sure, please. City of Miami Page 116 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Commissioner Russell: So, we carved out the Grove when Commissioner Reyes created the outdoor dining new program. Commissioner Diaz de la Portilla: Yes. Commissioner Russell: Once the surge started happening, we realized we still want to be a part of it, at least for now. From a business perspective, long-term, the retailers and the restaurants are deciding whether these parking spaces are more important, or activation of the restaurants is more important. But for 90 days at least, they don't want to force indoor dining right now. They want to have as much outdoor dining as possible because of social distancing and also pandemic recovery, et cetera. They would have to pay into the permitting system, so it's not a gift to them. But if not for this ordinance today, they will have to close down all the on -street parking, by Code, and that's why we're seeking the emergency nature. Commissioner Reyes: It's only for 90 days, right? Commissioner Diaz de la Portilla: Are they -- they've been operating illegally since December 3l st, in essence, right? Commissioner Russell: Yep. Commissioner Diaz de la Portilla: So, the past 13 days they've been operating -- they've been open? Commissioner Russell: Yes. Commissioner Diaz de la Portilla: So, we're legalizing the illegal activity of they were doing? Commissioner Russell: They were legal until December 31 s`. I talked with the Manager as the deadline came to see whether we would enforce that, and that was right as the spike was hitting. We didn't have a legislative measure because of no commission meeting until now. So, I just told the Manager I would bring an item at the first meeting to see if we, if the will is here to allow for the outdoor dining to continue. If there's not, they'll all have to go back indoors. Commissioner Diaz de la Portilla: And, if I may, Madam Chair; and Commissioner Reyes, I know this is your ordinance, what are your thoughts on this? Commissioner Reyes: No, it — it was, I mean, Commissioner Russell wanted — he asked for the, that area to be carved out. I do understand, I mean, I have no opposition on it, Commissioner Diaz de la Portilla, because it was their choice to be carved out. But I do understand that given the actual conditions, this upsurge in — on COVID, you see, people testing positive, that they would like to use the outside dining more. And it's only for 90 days. I mean, I don't — I don't have any — any quarrel with it. I was a proponent of this ordinance that would allow our restaurants to try to maximize the spaces that they have available to — I mean, in order to obtain additional revenues and try to keep those businesses going and the rate of employment also, or increase the rate, the number of employees. I don't have no quarrel with the Commissioner, Diaz de la Portilla. Commissioner Diaz de la Portilla: Okay, so you support it? Commissioner Reyes: Yes, I would support it. That's why I — I (UNINTELLIGIBLE) so, it's an actual emergency given the actual conditions, you see, even the (UNINTELLIGIBLE), this is not — this is not, I mean, didn't come out of the — or they City of Miami Page 117 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 decided to go hack with what they — their decision of being carved out. It is given the conditions then, and we have now, that we have these upsurge in — in COVID cases. And they are some of the businesses, they are enforcing the social distancing and all of that and that will require them to have less space inside of the restaurants and Pr 90 days, that I wish that all this upsurge would start to subside, I don't have any problem with it. Chair King: Thank you, Commissioner Reyes. Commissioner Diaz de la Portilla: Thank you. Chair King: Okay are we ready to vote? Commissioner Diaz de la Portilla: I'm ready. Commissioner Russell: So, just so I can gauge the temperature, if you are a no vote Commissioner; I would take away the emergency nature and just do first reading today. That way it's only a three -fifths. If you're in support, we'll do the whole thing today. Commissioner Diaz de la Portilla: Well, I like Commissioner Reyes' explanation. It's for 90 days. Commissioner Russell: Yep. Commissioner Diaz de la Portilla: If you want to do an emergency, let's do it. Let's get it done. But only for 90 days. Commissioner Russell: Correct. Commissioner Diaz de la Portilla: Right? Commissioner Reyes: Only. Commissioner Diaz de la Portilla: And then we re-evaluate it down the line. Yes, so no, don't take it away. Let's do it. Commissioner Russell: Thank you. Commissioner Diaz de la Portilla: I'm with you. Commissioner Reyes: Okay. Chair King: So, all in favor? The Commission (Collectively): Aye. Commissioner Russell: Oh wait, public comment. I'm sorry. Chair King: I already asked. Commissioner Diaz de la Portilla: You already asked? Commissioner Russell: I apologize. Chair King: Okay, so the vote is -- City of Miami Page 118 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Commissioner Diaz de la Portilla: You're not the chair anymore. You've got to pay attention to the Chair. She already asked. Chair King: The vote is unanimous. We will move this to make it to go into effect, we need to do it twice. Commissioner Diaz de la Portilla: Yes, let's do it again. Chair King: So, can you read it into the record again? Commissioner Russell: You need a motion and a second or no? Commissioner Diaz de la Portilla: I'll make the motion. Commissioner Russell: Second. Commissioner Reyes: I'll second it. The Ordinance was read by title into the public record by the Deputy City Attorney. Commissioner Diaz de la Portilla: Madam Chair, can he read that faster, again, one more time? Chair King: Let's -- Commissioner Diaz de la Portilla: I bet you can 't. Chair King: Let's go ahead and take the vote on this. Commissioner Diaz de la Portilla: Yes ma'am. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion passes unanimously. This is -- Commissioner Reyes: The cheetah's getting slower. Commissioner Diaz de la Portilla: My God. Chair King: Pocket Item 1. Are there any other pocket items to be heard today. Todd B. Hannon (City Clerk): And Chair, just in abundance of caution, if we could just open up, even though it's on the second reading, just for public hearing, I know we didn't have anyone for the first reading -- Chair King: I see. Mr. Hannon: -- but just in abundance of caution. Chair King: Is there anyone here for this item that would like to speak? Seeing none. Mr. Hannon: Good to go. We can move on. City of Miami Page 119 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 NA.2 11360 City Commission DISCUSSION ITEM CITY OF MIAMI COMMISSION RECOGNIZED DISTRICT 3 COUNTY COMMISSIONER KEON HARDEMON IN COMMISSION CHAMBERS. RESULT: DISCUSSED Chair King: And now we're going to take up the amendment. Commissioner Russell: I'll move it. Commissioner Diaz de la Portilla: But before we do that, we need to recognize a very special person who left to the other side, to the upper chamber, the Miami -Dade County Commission, who's here in the audience right now. But he left us. He left us in the vortex, in the black hole. Chair King: Well, he is always welcome. Commissioner Diaz de la Portilla: You came back, sir. Chair King: He is always welcome. Commissioner Diaz de la Portilla: Welcome, Commissioner Hardemon. It's Miami - Dade County Commissioner Hardemon now. Commissioner Reyes: I cannot get away -- cannot stay away. He wishes he'd be here with us. Keon Hardemon: Is that the voice of God 1 hear in my ear? Commissioner Reyes: Yes, sir. Commissioner Russell: Through the Chair, please. Mr. Hardemon: Through the Chair. Commissioner Diaz de la Portilla: Everything is through the Chair, number one. Commissioner Reyes: Through the Chair. Commissioner Diaz de la Portilla: Everything through the Chair. We appreciate your replacement, but we, you know, remember you and the good work you did here in Miami and you continue to do for our community, Commissioner. I just wanted to take a moment to recognize him, and you've become a good friend and you're a great leader in this community. We represent together, the district you represent on a broader scale, and we welcome you here, and I hope you continue to remember that it all starts at the local government level, the municipal level. And don't get caught up in that vortex over there in Miami -Dade County. Mr. Hardemon: But you have to remember, Commissioner, that I'm the former Miami - Dade County Legal Cities President -- Commissioner Diaz de la Portilla: Yes you are, sir. City of Miami Page 120 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Mr. Hardemon: -- so 1 believe in local governance. And I just want you all to know, you know, I'm here for you. And so, we know there's a lot of issues that the City of Miami and Miami -Dade County share. Commissioner Reyes: Yep. Mr. Hardemon: There's some things that we're going to be needing to tackle together. And I'm here, always, to give you the listening ear that you deserve and give you a fair shot at, you know, what it is that you're trying to accomplish. And I still think it's up for debate which side is darker -- Commissioner Diaz de la Portilla: Yeah. Mr. Hardemon: -- the City of Miami or Miami -Dade County. Commissioner Diaz de la Portilla: I've never been on that side, but you get to the State Senate, you'll figure out (UNINTELLIGIBLE). But thank you for being here, sir, and we really respect the fact that you're doing such good work for us over there. And I wanted to make sure that we acknowledged them. Mr. Hardemon: My pleasure. Thank you very much, Madam Chair. Commissioner Diaz de la Portilla: God bless you, Commissioner. Chair King: Thank you for stopping by. Commissioner Diaz de la Portilla: God bless you, Commissioner. Thank you for being here. Commissioner Reyes: Through the Chair. Commissioner Diaz de la Portilla: Don't leave yet, by the way. Don't leave yet. Commissioner Reyes: Keon. Chair King: Commissioner. Commissioner Reyes: Now that you're here, I want to -- Commissioner Diaz de la Portilla: Commissioner, don't go. Commissioner Reyes: Now that you're here, I want to make sure that -- I mean, I want you to know the way I feel. I think that now, instead of having a confrontational relationship with Dade -County, now we are, we're starting an era of cooperation. And I know having you there, it's -- that will take -- that's going to happen. We're going to be cooperating more than we have done in the past. Mr. Hardemon: You're absolutely right. And that's what it's all about. At the end of the day, this is about the best thing that we can do for our constituents. Commissioner Reyes: Our people. Mr. Hardemon: Our constituents. Because I'm still, you know, Commissioner King is my Commissioner. She represents my area. Commissioner Reyes: That's right. City of Miami Page 121 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 NA.3 11361 City Commission Mr. Hardemon: And so there are a number of needs that 1 can't solve, she has to solve. And so, if we understand that about each of our spaces, camaraderie and working together is how you go about making a change -- Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Yes sir. Mr. Hardemon: -- that matters to the people that should matter to all of us. Commissioner Diaz de la Portilla: And by the way, she's a quick learner, isn't she? You saw her chairing today? Mr. Hardemon: I've been watching. Commissioner Diaz de la Portilla: Wow, really impressive. She deserves congratulations for the great job she's done. Chair King: Thank you. Commissioner Reyes: She's done a fantastic job. Chair King: Thank you for stopping by. Commissioner Diaz de la Portilla: Thank you, Commissioner. Chair King: Thank you for your support. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IMMEDIATELY REVOKE ANY MOTORIZED SCOOTER OPERATOR LICENSE FOR NONCOMPLIANCE WITH ANY REGULATIONS RELATED TO THE SAFETY OR PUBLIC HEALTH OR WELFARE, INCLUDING BUT NOT LIMITED TO THE REGULATIONS CODIFIED IN CHAPTER 8, ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ANY ADDITIONAL RULES AND REGULATIONS PROMULGATED BY THE CITY MANAGER INCLUDING BUT NOT LIMITED TO THOSE REGULATIONS CONTAINED IN RESOLUTION NO. 21-0486. ENACTMENT NUMBER: R-22-0028 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Chair King: Barnaby? Mr. Min, City Attorney, would you please read the proposed resolution into the record that we will be addressing next? Barnaby Min (Deputy City Attorney): Yes. The Resolution was read by title into the public record by the Deputy City Attorney. City of Miami Page 122 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 Commissioner Diaz de la Portilla: I'll do that as a pocket item for me. Chair King: Do I have a motion? Commissioner Russell: Yes. Commissioner Reyes: Yes, I move it. Chair King: Motion by Commissioner Carollo, seconded by Commissioner Russell. Commissioner Reyes: Carollo? Commissioner Diaz de la Portilla: Did you call me Commissioner Carollo? Chair King: Oh, I'm -- Commissioner Diaz de la Portilla: Really? Do I look like Commissioner Carollo to you? Commissioner Reyes: Is there any -- any resemblance? Chair King: Motion -- Commissioner Diaz de la Portilla: Really? Chair King: No, you know -- Commissioner Diaz de la Portilla: Wow. Chair King: Listen, I was -- Commissioner Reyes: (UNINTELLIGIBLE). Chair King: -- I was just thinking about him and hoping that he is feeling well, and he was on my mind. You know, I want him to feel better. So let me start again. Motion by Commissioner Reyes, seconded by Commissioner Russell. All in favor? Todd B. Hannon (City Clerk): Chair, public -- if it's a -- Chair King: Because that wasn't -- anybody here -- Mr. Hannon: Correct. Chair King: -- would like to speak on this item? Seeing no one here to speak on this item. All in favor? The Commission (Collectively): Aye. Chair King: Commissioner Reyes, I didn't hear you. Commissioner Reyes: Aye, aye, aye. Chair King: Okay, the motion passes unanimously. City of Miami Page 123 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 NA.4 11362 City Commission DISCUSSION ITEM A DISCUSSION BY COMMISSIONER DIAZ DE LA PORTILLA REGARDING THE ANNUAL REVIEW OF THE TERMS OF ELECTED OFFICIALS AS MEMBERS OF VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES, AND AGENCIES PURSUANT TO CITY OF MIAMI CODE SECTION 2-35. rRESULT: DISCUSSED Chair King: We are on boards and committees. Todd B. Hannon (City Clerk): Thankyou, Chair. Commissioner Diaz de la Portilla: Before board and committees, Madam Chair, if I may. Chair King: May what? Commissioner Diaz de la Portilla: Thank you. Chair King: May what? Commissioner Russell: (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: If I may have a conversation with you, make a motion. (UNINTELLIGIBLE) recognized, make a motion. Commissioner Reyes: I thought he was going to ask to go to the bathroom or something. Commissioner Diaz de la Portilla: If 1 may. If 1 may (UNINTELLIGIBLE) finish a sentence, right? (UNINTELLIGIBLE) make a motion. So, inquire before I make a motion because maybe we want to do it on the 27th, next Commission meeting, and we don't want to do it today. Chair King: Okay. Commissioner Diaz de la Portilla: We need to address this with the chairmen -- the Chairwomen wants to do. We need to address the chairmen and chairwomen of the different committees, boards, the Omni CRA (Community Redevelopment Agency), the Bayfront Park Management Trust, including your own, that you now chair, because it's temporary. What's your pleasure? Do you want to do that today or do you want to wait until the 27th to do that, ma'am? Chair King: I would rather wait until the 27th so that Commissioner Carollo could be here as well for -- Commissioner Diaz de la Portilla: So you have a full dais? Chair King: Right. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: Okay that's fair enough and the second inquiry that I have is are you going to have a CRA meeting today ma'am? The one that you are chairing right now? You're not? City of Miami Page 124 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 NA.5 11363 City Commission Chair King: No, I'm not. Commissioner Diaz de la Portilla: Okay I just want to know because we can't discuss it privately so we can discuss it publicly. Okay that works. Thank you. DISCUSSION ITEM COMMISSIONER DIAZ DE LA PORTILLA RECOGNIZED SERGEANT -AT -ARMS LUIS CAMACHO IN COMMISSION CHAMBERS. RESULT: DISCUSSED Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: We have something that's going to last about 20 seconds, then we go home. Chair King: Okay. Commissioner Diaz de la Portilla: All right, so what do we have, Clerk? I just want to do something very quick and we go home. If you'll allow me, Madam Chair? Chair King: I will allow that. Commissioner Diaz de la Portilla: Thank you, ma'am. Audio presentation made. Applause. Commissioner Reyes: Welcome back. Commissioner Diaz de la Portilla: Welcome back. Chair King: Welcome back. Commissioner Diaz de la Portilla: Welcome back, Sergeant -at -Arms Luis Camacho. Thank you. We're honored to have you with us again, sir. Commissioner Reyes: I'm happy to have you. Welcome back, Camacho. Welcome back. And Commissioner Diaz de la Portilla, I think in that, now in the dais, only you and I remember that program. Chair King: Thank you everyone for attending the January 13, 2022, Commission Meeting. Commissioner Diaz de la Portilla: And before you finish, I want to congratulate you Madam Chair for your first chairmanship -- Commissioner Reyes: That's right. Chair King: Thank you. Commissioner Diaz de la Portilla: -- your first meeting. Excellent job. Chair King: Thank you. City of Miami Page 125 Printed on 04/09/2024 City Commission Meeting Minutes January 13, 2022 ADJOURNED Commissioner Diaz de la Portilla: We love the hair and we love your talents. Chair King: Thank you. Commissioner Diaz de la Portilla: It was a pleasure. Commissioner Reyes: Yes. Chair King: The meeting is now adjourned. Thank you everyone. The meeting adjourned at 3:39 p.m. City of Miami Page 126 Printed on 04/09/2024