Loading...
HomeMy WebLinkAboutCC 2022-06-23 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, June 23, 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 June 23, 2022 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Diaz de la Portilla, Commissioner Russell and Commissioner Reyes On the 23rd day of June 2022, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The Commission Meeting was called to order by Chairwoman King at 9:14 a.m., and adjourned at 12: 05 p.m. Note for the Record: Commissioner Diaz de la Portilla entered the Commission chambers at 9:45 a.m., and Vice Chair Carollo entered the Commission chambers at 10:04 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: Welcome to the City of Miami Commission meeting for June 23rd, 20 -- is it 23 or 24th? It's the 24th, I'm sorry. June 24th, 2022. Today is -- (COMMENTS MADE OFF THE RECORD) Chair King: He did that on purpose. It's the 23rd, it's the 23rd. We're here. We're here. And this morning, I am honored to have Father Elvis Gonzalez join us and he is going to be giving the prayer. Invocation delivered. Chair King: Thank you so much. Thank you. Commissioner Manolo, would you please give us the Pledge ofAllegiance? Pledge of Allegiance delivered. Commissioner Russell: Good morning, everybody. Commissioner Russell here. If all of you could keep Commissioner Samuelian's family in your prayers this evening. He passed away last night over in Miami Beach. And he's a great commissioner, a really nice guy, really cared about the community a lot. And he's a co-worker of ours, so we're thinking about his family. Thank you. Chair King: Thank you. City of Miami Page 1 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 ORDER OF THE DAY Chair King: So, we are going to officially call the meeting to order. And we will have a statement from our Madam City Attorney. Victoria Mendez (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 related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the code section about lobbyists is available in the City Clerk's Office or online at www.municode.com. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the appropriate disclosures required by the City Code in writing. A copy of this code section is available at the City Clerk's Office or online at www.municode.com. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing any consideration provided or committed to anyone for agreement to support or withhold objection to the requested action pursuant to City Code Section 2-8. Any documents offered to the City Commission 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. In accordance with Section 2-33(f) and O of the City Code, the agenda and the material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at www.miamigov.com. Any person may be heard by the City Commission through the Chair for no more than two minutes on any proposition before the City Commission unless otherwise modified by the Chair. Public comment will begin at approximately 9 a.m. and remain open until public comment is closed by the Chair. Members of the public wishing to address a body may do so by submitting written comments via the online comment form. Please visit www.miamigov.com/meetinginstructions for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been and will be distributed to the elected officials and City Administration throughout today so that the elected officials may consider the comments prior to taking any such action. Public comment may also be provided live at City Hall located at 3500 Pan American Drive, Miami, Florida, subject to any and all City rules and regulations as may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such a later date before the City Commission takes action on such proposition. When addressing the City Commission, the member of the public must first state their name, their address, and what item will be spoken about. Any person with a disability requiring assistance, auxiliary aids, and services for this meeting may notes the City Clerk. The City has provided different public comment methods to indicate, among other things, a public support, opposition, or neutrality on items and topics to be discussed at the City Commission meeting in compliance with Section 286.0114(4)(c) Florida Statutes. The public has been given the opportunity to provide public comment during the meeting and within reasonable proximity and time before the meeting. Please note commissioners have been briefed generally by City staff and the City Attorney on items on the agenda today. Anyone wishing a verbatim record of an item considered at this meeting may request it at the Office of Communications or view it online at www.miamigov.com. PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance as temporarily modified by Emergency Ordinance Numbers 13903 and 13914. Parties for PZ items, including any applicant, appellant, appellee, City staff, or any person recognized by the decision -making body as a qualified intervenor, as well as the applicant's representatives and any experts testifying on behalf of the applicant, appellant, or appellee may either be physically present at City Hall 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 by oath or affirmation. The members of the City Commission shall disclose any communications pursuant to Florida Statute 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. The order of presentation shall be as set forth in Miami 21. Staff will briefly present each item to be City of Miami Page 2 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 heard. The applicant will present its application or request to the City Commission. If the applicant agrees with the staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may, also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission followed by the appellee. Staff will make any recommendation they may have. Please silence all cell phones and noise -making devices at this time. With regard to access to the meeting, this meeting may be viewed live at Miami TV, miamigov.com, the City's Facebook page, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast will also be closed captioned. Thank you. Chair King: Mr. City Clerk, do you have a statement? Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for Planning and Zoning items and any quasi-judicial items on today's City Commission agenda will be as follows: 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 for Planning and Zoning items and/or quasi-judicial items. Pursuant to Emergency Ordinance Number 13903, those individuals appearing remotely may be sworn in at their location by an individual qualified to administer the oath. After you are sworn in, please be sure to complete, sign, and notarize the affidavit provided to you by the City Attorney's Office. Each individual who will provide testimony must be sworn in and execute an affidavit. Please email a scanned version of the signed affidavit to the City 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 and procedures we have established for this meeting? Commissioner Russell: Yes. Chair King: Yes. Mr. Hannon: Chair, may I administer the oath? Chair King: Please. Mr. Hannon: Good morning, ladies and gentlemen. Good morning, ladies and gentlemen. If you will be speaking on any of today's Planning and Zoning items, any of today's Planning and Zoning items, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair King: Thank you, Mr. City Clerk. At this time, I would like to welcome the newest member to our administration, Mr. Larry Spring. Welcome aboard. Looking forward to working with you. Thank you. Mr. Manager, do you have any items on the agenda that you would like to continue, defer, or withdraw? Arthur Noriega (City Manager): Good morning, Madam Chairwoman, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw just one single item, which is RE.3, which would be deferred to the July 28th meeting. City of Miami Page 3 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Chair King: July 28th? Mr. Noriega: Yes, ma'am. Chair King: Okay. Commissioner Russell, do you have any items? Commissioner Russell: Yes, Madam Chair. RE.4, the Little Bahamas designation, I'd like to defer to July 14th. Chair King: The 14th? Commissioner Russell: Yes, please. Chair King: Is that it? Commissioner Russell: Yes. Chair King: Commissioner Russell -- I mean, Reyes. I -- I'm so sorry. I'm sorry. (COMMENTS MADE OFF THE RECORD) Chair King: You don't have any items? Okay then. Are there any pocket items? Commissioner Russell: I heard there were. Mr. Hannon: Chair, it's my understanding that there are a few pocket items. I'll do my best to identify them. The Mayor has a pocket item, essentially a resolution of the Miami City Commission authorizing the City Manager to negotiate and execute a covenant in lieu of unity of title to unify the city -owned properties located at 444 and 460 Southwest 2nd Avenue. I am - Chair King: I would like to co-sponsor that item. Mr. Hannon: Understood. Chair King: That would be Pocket Item 1? Mr. Hannon: Yes. Chair King: Okay. Mr. Hannon: I have another pocket item that has to do with a resolution of the Miami City Commission authorizing the City Manager to negotiate and execute an access agreement regarding the MML (Magic Mike Live) Touring, Magic Mike Touring, LLC. Chair King: I'm a sponsor of that item. Mr. Hannon: Yes, ma'am. And we'11 identify that as P12. Chair King: Um-hmm. Mr. Hannon: Understood. And the remaining pocket item that I have has to do with the naming of Eddy Calderon Street. I think it's just more of an administrative cleanup item. Chair King: That's P3 [sic'? Mr. Hannon: Yes, ma'am. City of Miami Page 4 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Chair King: P1.3. Okay. 1 would also like to be shown as a sponsor for PH.l, as well as RE.5 and RE.6. Mr. Hannon: And Commissioner Reyes, it's my understanding you would like to be a co- sponsor for PH.2? (COMMENTS MADE OFF THE RECORD) Mr. Hannon: Understood. [Later...) Chair King: So, may I have a motion to set the order of the day? Commissioner Russell: I'll move it. I'd like to also be recognized as a sponsor on FR.1, the Jimbo 's Lagoon item, please. Chair King: FR.1? Commissioner Russell: Yes, that's the no -wake zone. Chair King: Okay. Commissioner Russell: I'll move the order of the day. Chair King: Second? All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. PUBLIC COMMENT FOR ALL ITEM(S) 12193 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE JUNE 23, 2022 CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: Okay. Can we open the public comment period now for any -- anyone that would like to speak on behalf of any of the items that appear on this agenda today, please come forward. Good morning. Luimar Zibetti Garza: Good morning. Chair King: How are you? Good to see you again. Ms. Zibetti Garza: Thank you. I hate to air dirty laundry -- again, my name is Luimar Zibetti Garza, homeless but not hapless at Peacock Park. On these particular items, I do have a question. What is the difference between a pocket item and a consent item? Chair King: Mr. City Clerk? City of Miami Page 5 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Todd B. Hannon (City Clerk): Well, a consent agenda item, basically, that type of item is already appearing on the agenda. So, the difference between any item that's on the agenda and a pocket item is that a pocket item is not appearing on the agenda. It's essentially something that's being introduced on the floor during the meeting. Ms. Zibetti Garza: So, something a big opaque that you're, in my estimation as the citizens of which you are our employers, we should have every single item on these. The pockets and the convenient -- consent items, I had a huge issue in Doral to the point that they banned me 365 days from Doral from City Hall because I'm pointing out that things are being done surreptitiously through consent items and pocket items. But 1 do not want to go further on that item. Mr. Russell, I understand that you will be a lame commissioner this year and you will not be here for the next for the next session for Congress. Commissioner Russell: I'm only lame when they don 't need the anymore. Ms. Zibetti Garza: Okay, we're still waiting for you at Peacock Park as you volunteered to come -- Commissioner Russell: Yes. Ms. Zibetti Garza: -- and we'll wait a little bit longer. We have been at Peacock Park -- and I suppose 1 could be the ultimate nightmare for everybody at every city hall. I am elderly, autist, lesbian, ecru colored, ecru hued, and I have a bit of a, how would we say, a Tasmanian devil tongue. So, I am hoping that 1 can meet with the other commissioners at some point, because we have had problems at Peacock Park, especially in the last two or three weeks, regarding people coming in and making it miserable for the homeless people who are there. And we think there are infiltrators. And personally, I have spoken to the officers. There are pedophiles in Peacock Park, and they're trying to hide surreptitiously and we are trying to expose them and all of a sudden the police have come -- Chair King: Thank you. Ms. Zibetti Garza: Give me just 10 -- (UNINTELLIGIBLE). Commissioner Russell: I'll meet with you and I've made that promise. Ms. Zibetti Garza: They have come -- Commissioner Russell.: My staff is talking with you and I will be there. I will be there. Chair King: Thank you. Ms. Zibetti Garza: (INAUDIBLE). Chair King: I believe the chief is here if maybe the chief can speak to her. I think the police chief is here. Is there anyone else here for public comment? Good morning. Sherman Rattner: Good morning. My name is Sherman Rattner. I'm here on PZ.5, it's nice to see everybody could show up and do their job. I'm the president of the tenants association for 1809 Brickell Avenue, a 270-unit affordable housing for seniors, most of whom are disabled. I'm here to talk about affordable housing, or rather, the lack of affordable housing. Thanks to the City's failure in policy and leadership over the past decades, that has only gotten worse. We are now the least affordable housing market in the nation. This is a outrageous failure of leadership. This ordinance is a billion - dollar giveaway to developers that will do little to improve this situation. Half the city City of Miami Page 6 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 struggles to pay for safe, decent, and affordable housing as a result of these years of failed policy and leadership and has made us ground zero for the housing crisis. This proposed ordinance -- excuse me -- is a shameless giveaway by the City of billions and billions of dollars to developers that will have nominal benefit for most citizens in need of housing while further turning Miami into a tale of two cities dividing the rich from working families, seniors, disabled, and the poor. As an example, in my building, 1809 Brickell Avenue, right now you are in the process of giving, literally giving, a billion dollars to a billionaire developer for tearing 400 seniors, most of whom are disabled, and sending them off to a premature death in one of the most dangerous and toxic areas of the city where there is literally a seven-year less life expectancy according to the Census Bureau. You, each of you, bears responsibility for this travesty. While you give away billions, half the city struggles to survive. This ordinance will memorialize that giveaway all over the city and should be rejected. I'd like to try to give solutions to things. I can show you a way that working with the County, you can create 1,000 affordable units for seniors and disabled -- Chair King: Thank you. Mr. Rattner: -- at virtually no cost. Chair King: Thank you. Mr. Rattner: (INAUDIBLE). Chair King: Thank you. Mr. Rattner: (INAUDIBLE). Chair King: Thank you, sir. Mr. Rattner: (INAUDIBLE). Chair King: Is there anyone else here that would like to speak? Jonathan Quintanilla: Good morning, everyone. Chair King: Good morning. Mr. Quintanilla: This is Jon Quintanilla. I'm part of the Allapattah Fellows with our project called Fabulosa Allapattah. And we would just like to remind everyone about the event we will be hosting at Juan Pablo Duarte Park at II a.m. and so on. Just a reminder, we will be having a cleanup event there, and we will go on with our project and spread the word. Please just come out and support us, okay? Thank you. Chair King: Thank you. Is there anyone else here for public comment? Seeing none, the public comment period is now closed. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: City of Miami Page 7 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 MV - MAYORAL VETO(ES) NO MAYORAL VETOES There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. Chair King: Are there any mayoral vetoes today? Todd B. Hannon (City Clerk): Ma'am, would you like to have a motion, a second and a vote on the items to be deferred? Chair King: I did, but I just wanted to ask you. Mr. Hannon: Oh, yes, ma'am. There are no mayoral vetoes. Chair King: Okay. END OF MAYORAL VETO(ES) City of Miami Page 8 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla CA.1 RESOLUTION 12079 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LICENSE, ACCESS, AND INDEMNIFICATION AGREEMENT ("LICENSE") BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY OR AN AGENT THEREOF ("COUNTY") FOR THE COUNTY TO PLANT, PLACE, INSTALL, INSPECT AND MONITOR MANGROVES, RIP RAP, AND RELATED MATERIALS AS PART OF A SEAPORT MITIGATION PROJECT ("PROJECT") AT THE CITY -OWNED PROPERTY LOCATED AT 1099 MACARTHUR CAUSEWAY, FOLIO NUMBER 01-3231-000- 0021, ALSO KNOWN AS THE WATSON ISLAND BOAT RAMP; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A RESTRICTIVE COVENANT ("COVENANT") RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY TO ENSURE THAT THE PROJECT IS NOT DISTURBED OR REMOVED FOR THE LIFE OF THE COVENANT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE PROJECT. ENACTMENT NUMBER: R-22-0225 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 9 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 CA.2 11992 Office of the City Attorney CA.3 12057 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY LOROD L. MILLS, WITHOUT ADMISSION OF LIABILITY, ONE HUNDRED AND THIRTY FIVE THOUSAND DOLLARS ($135,000.00) PLUS AN ADDITIONAL ONE THOUSAND ONE HUNDRED AND THIRTY- FOUR DOLLARS AND THIRTY-FIVE CENTS ($1,154.35) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES ("COLLECTIVELY, "CITY"), AND KEVIN HARRISON, RAPHAEL MUINA AND JONATHAN VAZQUEZ IN THE CASE OF LOROD L. MILLS VS. CITY OF MIAMI, KEVIN HARRISON, RAPHAEL MUINA AND JONATHAN VASQUEZ, CASE NO. 21- 21716-CV- KMW, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF ALL CLAIMS AGAINST THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM GENERAL LIABILITY ACCOUNT NO. 50001.301001.545013.0000.00000. ENACTMENT NUMBER: R-22-0226 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see "End of Consent Agenda." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY YASMIN BURDEN, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $100,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED YASMIN BURDEN v. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 2018- 037397-CA-01, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545011.0000.00000. ENACTMENT NUMBER: R-22-0227 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 10 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 END OF CONSENT AGENDA Chair King: We are on the consent agenda item now. Does anyone want to pull any of the consent agenda items? (COMMENTS MADE OFF THE RECORD) Commissioner Reyes: I would like to move the consent agenda. Chair King: Second. Arthur Noriega (City Manager): Madam Chair, public comment? Commissioner Reyes: Public comment. Chair King: I'm so sorry. Todd B. Hannon (City Clerk): That's okay. Before we vote, we can go to the public comment. You can take your second. Chair King: I'm the second. [Later...] Chair King: I have a motion and a second for the CA (Consent Agenda) items. Can we take a vote? All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. City of Miami Page 11 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 PH - PUBLIC HEARING PH.1 RESOLUTION 11933 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", PURSUANT TO SECTION 18- 85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR ESTABLISHMENT OF AN AGREEMENT FOR THE PROVISION OF BEAUTIFICATION SERVICES FOR THE DR. MARTIN LUTHER KING JR. BOULEVARD AND THE BUTTERFLY GARDENS, WITH THE GREATER MIAMI SERVICE CORPS., A FLORIDA NOT FOR PROFIT CORPORATION ("GMSC"), FOR THE CITY OF MIAMI ("CITY") DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("DRPW"), FOR A TOTAL TERM OF THREE (3) YEARS; ALLOCATING FUNDS FROM DRPW GENERAL ACCOUNT NO. 13000.201000.534000 AND SUCH OTHER FUNDING SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE AGREEMENT WITH GMSC, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0232 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For additional minutes referencing Item Number PH.1, please see "Order of the Day." Chair King: Okay, now we are -- we can go back to our PH (Public Hearing) items which required a four -fifths vote. Commissioner Reyes: PH. City of Miami Page 12 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Chair King: Do 1 have a motion? Commissioner Diaz de la Portilla: I'll move PH.1 and PH.2. Chair King: I'll second that motion. Vice Chair Carollo: Hold on, hold on. Chair King: Do you need a second? Vice Chair Carollo: On PH.1? Commissioner Reyes: PH.1 -- Chair King: PH.1. Commissioner Reyes: -- beautification of -- Commissioner Diaz de la Portilla: And PH.2. Chair King: And PH.2. Commissioner Reyes: PH.2, 1 want to co-sponsor. Vice Chair Carollo: On PH.2, however, instead of $158,000, there was a mistake that was made, it will be $150,000. So, I'm making a floor amendment that instead of the $158, 000 and change -- Ms. Mendez: Thank you, Commissioner. Vice Chair Carollo: -- it's $150,000. Commissioner Diaz de la Portilla: So I'll move -- Commissioner Reyes: I move it. Just move it. Commissioner Diaz de la Portilla: So I'll move PH 1 and PH.2 as amended. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Commissioner Reyes: Motion carries, the PH items. Commissioner Diaz de la Portilla: Also show me as a co-sponsor on PH.2, Madam Chair. Chair King: Please, Todd, PH.2. City of Miami Page 13 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 PH.2 RESOLUTION 12086 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING AND RECOMMENDATION, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS, ON A REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY-EIGHT THOUSAND DOLLARS ($158,000.00) ("GRANT") TO THE BAY OF PIGS MUSEUM AND LIBRARY OF THE "2506 BRIGADE", INC., A FLORIDA NOT FOR PROFIT CORPORATION ("BRIGADE 2506"), FOR THE HIRING OF A NEW MUSEUM MANAGER, MUSEUM AUDIO VISUAL EXPANSION, AND DISPLAY ITEMS, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH BRIGADE 2506 AND ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0233 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.2, please see "Order of the Day" and Item Number PH.1. END OF PUBLIC HEARING City of Miami Page 14 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 RE - RESOLUTIONS RE.1 RESOLUTION 11964 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES, AND PROGRAMS IN THE CITY OF MIAMI ("CITY"); DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST PROPERTIES LOCATED WITHIN THE CITY; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 10, 2022, WHICH IS SET BY THE CITY COMMISSION AND PUBLICLY NOTICED; DIRECTING THE PROVISION OF NOTICE THEREOF; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO DETERMINE THE APPLICABLE NUMBER OF HOUSEHOLDS FOR THE ASSESSMENT ROLL ON OR BEFORE THE LATEST POSSIBLE DATE BEFORE SUBMISSION OF SUCH REQUIRED INFORMATION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER FOR THE ESTIMATED SOLID WASTE ASSESSMENT RATE SCHEDULE; PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0228 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Commissioner Reyes: Madam Chair? Chair King: Yes. Commissioner Reyes: I would like to move the RE (Resolution) items if -- Chair King: With the exception of -- Commissioner Reyes: With the exception of 3 and 4. Chair King: Well, no, with the exception of RE2 because that requires a four -fifths vote. Commissioner Reyes: Oh, for the exception of -- that -- Chair King: Okay, so there's a motion on the floor to move RE.1, 6, and 7. I'll second that. All in favor? Commissioner Reyes: Aye. Victoria Mendez (City Attorney): With regard -- Madam Chair, I apologize. With regard to RE.7, there was a substitution on the Dr. Medina Street, and then there's the accompanying pocket item -- City of Miami Page 15 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Commissioner Reyes: Yes. Ms. Mendez: -- which is P -- Chair King: P3 [sicJ. Ms. Mendez: -- 3 -- Chair King: Um--hmm. Ms. Mendez: -- which we are clarifying the designations of Dr. Medina and Eddy Calderon Streets. So if -- Chair King: So we want to remove RE.7 for now or --? Commissioner Reyes: Can we --? Ms. Mendez: It's fine. I just wanted to clarify the -- Commissioner Reyes: Can we do it together since they are hand in hand? Chair King: Yes, so we can do RE.1, 5, 6, 7, and Pocket Item 3. Commissioner Russell. Commissioner Russell: Thank you, Madam Chair. Just a question for Administration on RE.1. Does that do anything to actually change the solid waste fee at this point? Mr. Noriega: No, the solid waste fee remains the same. This is required for us to be able to submit it to the County for the trim notice. So the rate -- Commissioner Russell: Say it again. I couldn 't hear you. Mr. Noriega: This is a requirement we have every year that we have to approve it. This does not change -- Commissioner Russell: Okay, this is not related to the discussion. Mr. Noriega: -- the solid waste fee at all. Commissioner Russell: Thank you. I'm fine, Madam Chair. Chair King: All right. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Commissioner Reyes: Okay. Commissioner Russell: This is 1, 5, 6, and 7? Chair King: Yes. Todd B. Hannon (City Clerk): With RE.7 being amended. Chair King: Yes, as amended. 1, 5, 6, and 7, yes. And Pocket Item 3. City of Miami Page 16 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 RE.2 12112 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTION(S) NECESSARY, IN LAW OR EQUITY, REGARDING THE WITHHOLDING OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS (SURTAX) FROM THE CITY OF MIAMI PURSUANT TO MIAMI DADE COUNTY CITIZENS' INDEPENDENT TRANSPORTATION TRUST RESOLUTION NO. 22-006 ADOPTED ON MARCH 31, 2022. ENACTMENT NUMBER: R-22-0234 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Diaz de Ia Portilla, Reyes Chair King: And we have RE.2 remaining. Commissioner Diaz de la Portilla: I'll move it for discussion purposes. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: Is there any discussion? Chair King: I'll second. Is there any discussion. for RE.2? Vice Chair Carollo: Well -- Chair King: Seeing none -- Commissioner Diaz de la Portilla: Madam Attorney, can you walk me through it? Madam Chair, I'm sorry, through you. Chair King: Go ahead. Victoria Mendez (City Attorney): Basically we've -- we have an issue wherein the County is not giving us about 20 some million dollars in their CITT (Citizens' Independent Transportation Trust) -- in the CITT monies, and that unfortunately will start impacting several of your projects, including the trolleys and all that. It is a sizable amount of money. I know that the Manager can tell you exactly what projects and such that will be affected, but we really need your help as a body to try and talk to your contacts in the County to try and address this, and/or we would need to litigate. So, that is why we need your approval by a four fifths -- Commissioner Reyes: Yes. Ms. Mendez: -- in order to allow us to litigate the matter and not just have meetings with the County because there is a Florida Statute that says that we would have to enter into mediation before a lawsuit unless you approve this resolution by a four - fifths showing that it is an emergency due to the amount and to the extent that we would be affected, and that's why. City of Miami Page 17 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Commissioner Diaz de la Portilla: So your intention is to sue the County? Ms. Mendez: I believe first there will be a meeting, and if that does not work out or your communications with the County do not work out, then yes, we would need to sue them. Commissioner Diaz de la Portilla: And do you come back to us before you sue them, or you just go ahead and sue them? This would authorize you to go ahead and sue them? Ms. Mendez: This authorizes to go ahead and sue. Commissioner Diaz de la Portilla: Is there any money that we can withhold from them? To counter? Ms. Mendez: And I will turn that over to the Manager. Commissioner Diaz de la Portilla: Mr. Manager? Well, I know I have $10 million in my CRA (Community Redevelopment Agency) that I'm holding back. For the Adrienne Arsht Center, I'm holding back like $10.8 million, but they're going to sue us. But that's a different conversation. Arthur Noriega (City Managed We can certainly look into it. So, the overarching intent here, this provides us with the leverage, this particular item, that the suit is a possibility. We are going to try to continue to work on this to reach a resolution. This has been an ongoing sort of difference of opinion in terms of how we use the money. It goes back to an audit that's fairly old, and our intent actually is to try to resolve this above the administrative level. Commissioner Diaz de la Portilla: But I think the Commission should know, and maybe you can express it, this really impacts a whole bunch of our services. Mr. Noriega: Oh, trolley service in particular. Commissioner Diaz de la Portilla: Trolley service across the board. This is a serious issue. Mr. Noriega: Yeah, correct. Commissioner Diaz de la Portilla: We've been debating for a while, but it's just not something that we pass in a quick vote. I think the public needs to know that the County is holding back money from us that really impacts critical services, especially to our neediest citizens. And this is very important so we can outline quickly, not to waste so much time, because I know we 're almost done here. Vice Chair Carollo: Do we know --? Commissioner Diaz de la Portilla: What services these $22 million impact, and so people know, the public knows, how the County has been doing this and why we need to sue. Suing is always the last recourse, right, but if we need to, we'll do it. Vice Chair Carollo: Do we know --? Chairwoman, maybe you might know best. You have some good contacts over there. Who from the County Commission is the person that's been put in charge of the Transportation Committee or transportation as a whole? City of Miami Page 18 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Commissioner Diaz de la Portilla: Eileen Higgins, 1 believe, is the transportation -- Vice Chair Carollo: 1 was afraid you might confirm the rumors -- Commissioner Diaz de la Portilla: Commissioner Higgins. Vice Chair Carollo: -- I've been hearing. Commissioner Diaz de la Portilla: Yeah. Chair King: Well, it is -- Vice Chair Carollo: So, here we have another problem. Chair King: It is our intent -- it is my intent to try to reach out to the County to discuss this issue with them. I absolutely do not want us to move forward in suing the County. I hope that we can resolve this issue amicably. However, I think that we should not tie the hands of our city attorneys that if we need to take that step that they have the authorization to do so. But it is my intent, and I would ask all of you to follow up with whoever you have a relationship in the County up to and including the mayor Commissioner Reyes: The mayor. Chair King: -- so that we can resolve this. But if we can't and it has to go, and I'm hoping that would be the last resort that our city attorney's hands aren't tied and we've given them the authorization. Commissioner Diaz de la Portilla: But for the record, for the record, can the City Manager read some of the services that are being impacted by this? Chair King: Absolutely. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: I just want the record to reflect that. Chair King: Absolutely, so our -- yeah, so our constituency can be aware of -- Commissioner Reyes: Yes. Chair King: -- why this is dire. Commissioner Reyes: Yes, I do agree that they have to be more specific on how those funds are going to be used. And I agree with you 100 percent, Madam Chair, we cannot tie our city attorney's hand, but we should all do our best to try to solve this problem without going to court. Chair King: Absolutely. Mr. Spring? Larry Spring: Madam Chair, thank you. Larry Spring, Chief Financial Officer. Commissioner Diaz de la Portilla: Welcome aboard. Mr. Spring: Thank you. Vice Chair Carollo: Larry who? City of Miami Page 19 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Mr. Spring: Thank you, Commissioner. Vice Chair Carollo: Larry who? Commissioner Reyes: Have you seen this man before? Mr. Spring: Very quickly, just to, on a high level, answer your question. What's affected by this funding source, the main big thing is the trolley service that the City's been providing for a number of years. In addition, this source of funds was used to -- as a pledged revenue for the street bonds, sidewalks. So, right now, 1 have literally in front of me about, 1 don't know, 70 or 80 different capital improvement projects citywide that are impacted. Commissioner Diaz de la Portilla: Can you give us a copy of that list? Can we have a copy of that list? Mr. Spring: Yes, I will, and I'll get the dollar amounts. I don't have that specifically in front of me, but I'll make sure that gets distributed. Commissioner Reyes: To every one of us. Commissioner Diaz de la Portilla: Yes, to every commissioner. Chair King: The trolley service -- Mr. Spring: But the trolley service -- Chair King: -- is a very important service that we offer to our constituents. It allows, at least in my district, for residents who can 't afford to get around, go to very important services -- Vice Chair Carollo: Absolutely, absolutely. Chair King: -- hospitals and appointments and such, at no charge. So, this is something that we need to all hands on deck, take this up as our cause. Vice Chair Carollo: Absolutely, but Chairwoman, let me be very clear, specific, in what I'm going to say. It seems like this particular county commissioner has declared war on the city of Miami. She has declared war on me, it seems sometimes. We got her, for instance, on 22nd Avenue, without speaking to the Manager, the Administration, the district commissioner here, she just decided to do away with two lanes of traffic so that instead of four lanes, now you're left with two lanes at 22nd Avenue as you're heading towards US-1 and Coral Way. I call them the lanes to nowhere, so that she could put bicycle lanes on the side. Now, as China has moved away from bicycles, our esteemed county commissioner wants us to bring us back to the bicycle world. And the way we're going, you know, she might be right with her type of thinking, where you can't even buy tampons for women now, milk for babies, inflation up the yin yang, but that's okay. It's all Putin's fault. Now, that's one. And I think I'm going to film that for one day and bring it to the next commission. I'm going to get someone to film it the whole day, and then we'll do it fast paced so you can see how, during rush hour, you start getting bottlenecks. But most of all, it's like winning the lottery if you find one bicycle through the whole day that goes there. The Silver Bluff area that because of problems that the State and the County created, we had to close off some streets, and it resolved the problem, 100 percent. Not only that, but you finally see little kids being able to go out in the streets and play like Miami used to be and the way it should be, without worrying about getting run over by a car. But this City of Miami Page 20 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 commissioner is the one that's pushed so that the County could sue us and force us to open it. But Coral Gables, that has 38 or so, it's okay. Even Coral Gate in Miami, Coconut Grove, the northeast of Miami. So it's becoming a constant problem. And 1 have to say, I believe that it's her hand again behind this, because I cannot believe the way the County is run that the person that's in charge of transportation, that the County is going to take this step without her blessing. Now, if it's a personal problem with some of us up here, I don't know what it is, but you know, I've kind of reached my limitations. And as you can see, with people that think like her; they weren 't able to beat me in my election. So they had to go back and figure out, you know, the whole big plan with the transplants that you bring, and they learn a little Spanish, and play that game, because it's not working with guys like me. Commissioner Diaz de la Portilla: And something else, Commissioner Carollo, if I may, Madam Chair. There's -- about three years ago, the County cut 17 bus routes, 17 bus routes. Most of them were cut in inner-city areas, including Little Havana, Allapattah. Bus route number six. Because the trolley service would try to fill in those holes. Now they don't want to fund the trolley service after they cut 17 bus routes. Why? Because they want to go down south and they don't want to go out west for political reasons. Instead of in the inner-city areas, including Overtown, including Allapattah, including Little Havana, Wvnwood, they cut all those bus routes. And people -- one of the most serious complaints I received during my campaign was about Route Number 6, Route Number 13 that were cut. I'm sure you got it in your campaigns too. So now they get rid of the bus service they're supposed to provide to the public so people can -- even though people pay, but at least it's not -- this is free. Now they want (UNINTELLIGIBLE), the one that's free for the people they impacted to begin with. And that's a problem. So if you have to sue, sue. 1 agree with you, Madam Chair. We do everything we can not to, but I think we need to be aggressive. We cannot have these policies imposed on us. By the way, the County is also imposing zoning policies on us, zoning issues. They're trying to overlap our zoning authority and jurisdiction. So we have these issues that we have to stand up and say enough is enough, especially when it impacts neighborhoods, inner-city neighborhoods that need the most help from us. We're the government that's closest to them. And we are the ones that represent the urban core of Miami and the parts of Miami that are poor -- of Miami -Dade that are very poor that we need to fight for. So I agree with you, Commissioner Carollo, wholeheartedly, we do what we need to do. Commissioner Reyes: Madam Chair, I do agree with what's going on with the buses. And I had a part of my district, it was your district, on 32nd Avenue, it was just eliminated just without any reason, no random reason. But I want to make clear and all -- I mean, I want to clarify that the commissioner, before she closed, before the project on 22nd Avenue, she informed me and she came to my offices and I let them know that I was totally opposed to that project. I just wanted to clarify that, you see. Vice Chair Carollo: But since the commissioner is the one that is constantly saying with a couple of the people that she has in your district that are constantly trying to fight with people in my district, that what affects -- Commissioner Reyes: (UNINTELLIGIBLE). Vice Chair Carollo: -- one area that's a few blocks away affects the other one -- Commissioner Reyes: That's right. Vice Chair Carollo: -- and she never came to me, Commissioner. Commissioner Reyes: It should have, it should have. City of Miami Page 21 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Vice Chair Carollo: She never came to the Administration also, and you proved my point why that happened. Now, think about this. Here we have a county commissioner that is in an area that not a single inch of that area that 1 know of is unincorporated Miami -Dade County. They're all cities. The city of Miami, Miami Beach. I don 't even know why we need a county commission in that area. But here's the great problem with that kind of situation. You have them meddling now in other jurisdictions where they're doing things that don't add up, that don't connect. Now, if you would tell me that that was then so you could have connected with other trails and so on, but two blocks before you get to US-1, the bike lane stops. About the same a block and a half before you get to Coral Way that bike lane stops, and nobody uses it. So, I don't know what the issue is. It's to play with us in the City, to go out and claim that 1 put in so many miles of bike lanes, even though you're taking traffic lanes away and you're creating traffic jams at different hours of the day, and it's money that's wasted because they're not being used by bicycles. We are not China, Ms. Higgins. We're the United States of America. Chair King: Okay. So, I believe we have our charge. I have a motion and a second. Commissioner Reyes: Yes. Chair King: All in favor? The Commission (Collectively): Ave. Chair King: Motion carries unanimously. City of Miami Page 22 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 RE.3 RESOLUTION 12042 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REAFFIRMING THE ENDORSEMENT OF THE RICKENBACKER CAUSEWAY PROJECT A/K/A "PLAN Z" FOR THE CITY OF MIAMI AS DESCRIBED IN RESOLUTION NO. R-15- 0331, ATTACHED AND INCORPORATED AS EXHIBIT "A", SUPPORTING ITS VISION AS PRESENTED; URGING MIAMI- DADE COUNTY TO IMMEDIATELY REOPEN REQUEST FOR PROPOSALS ("RFP") NO. RFP-01982 OR REISSUE A SIMILAR RFP TO DEVELOP, MAINTAIN, AND OPERATE THE RICKENBACKER CAUSEWAY AND ASSOCIATED RECREATIONAL ELEMENTS WITH AMENDMENTS DESCRIBED IN THE BODY OF THIS RESOLUTION, AND TO COORDINATE WITH THE APPROPRIATE AGENCIES TO MOVE THE PROJECT FORWARD; FURTHER REQUESTING THAT THE PROJECT BE BROUGHT BACK TO THE CITY COMMISSION DURING THE EARLY DESIGN TO ALLOW FOR INPUT AND COMMENT; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE INDIVIDUALS IDENTIFIED HEREIN. MOTION TO: Continue RESULT: CONTINUED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Item RE.3 was continued to the July 28, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.3, please see "Order of the Day." City of Miami Page 23 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 RE.4 RESOLUTION 12037 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DESIGNATING THE AREA DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, AS "LITTLE BAHAMAS OF COCONUT GROVE" IN RECOGNITION OF THE HISTORICAL AND CULTURAL IMPORTANCE OF THE AREA TO THE CITY OF MIAMI AND MIAMI-DADE COUNTY AS A WHOLE. MOTION TO: Defer RESULT: DEFERRED MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: Item RE.4 was deferred to the July 14, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.4, please see "Order of the Day." RE.5 RESOLUTION 12084 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING GRANT FUNDS FROM THE MAYOR'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 NECESSARY DOCUMENTS, 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, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-22-0229 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number RE.5, please see "Order of the Day" and Item Number RE.1. City of Miami Page 24 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 RE.6 RESOLUTION 12119 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING THE BUDGETARY RESTRICTION IN RESOLUTION NO. R-21- 0408, IN ORDER TO LIMIT SAID RESTRICTION ON THE DEPARTMENT OF POLICE AND ON THE DEPARTMENT OF FIRE - RESCUE TO ANY AND ALL MOVEMENTS OF MONIES IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00); PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0230 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number RE.6, please see "Order of the Day" and Item Number RE.1. RE.7 RESOLUTION 12126 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION CO - DESIGNATING SOUTHWEST 29TH AVENUE FROM WEST FLAGLER STREET TO SOUTHWEST 3RD STREET, MIAMI, FLORIDA AS "DR. DIEGO MEDINA 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-22-0231 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number RE.7, please see Item Number RE.1. END OF RESOLUTIONS City of Miami Page 25 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 11429 Department of Human Services AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2/SECTION 2-887 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY/QUORUM REQUIREMENTS; EXCEPTIONS," MORE PARTICULARLY BY INCLUDING THE MIAMI ARTS AND ENTERTAINMENT COUNCIL ("MAEC") ON THE LIST IN SECTION 2-887(B) OF CITY BOARDS SUBJECT TO QUORUM REQUIREMENTS PROVIDED FOR ELSEWHERE IN THE CITY CODE; FURTHER AMENDING CHAPTER 2/ARTICLE XI/DIVISION 10/SECTION 2-1141 OF THE CITY CODE TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL/PURPOSE, POWERS AND DUTIES," MORE PARTICULARLY BY ADDING TO SECTION 2-1141(4) THE AUTHORITY TO EXPEND FUNDS IN FURTHERANCE THEREOF AND DELETING FROM SECTION 2-1141(7) THE 501(C)(3) CORPORATION PROVISION AND PROVIDING AUTHORITY FOR THE SOLICITATION AND ACCEPTANCE OF FINANCIAL AND NON -FINANCIAL SUPPORT; FURTHER AMENDING SECTION 2- 1143 OF THE CITY CODE TITLED "MEETINGS; QUORUM AND VOTING; ATTENDANCE REQUIREMENTS; PARLIAMENTARY AUTHORITY; RULES OF PROCEDURE; MINUTES; ASSIGNMENT OF STAFF; LEGAL COUNSEL; AND NOTICES AND FILING OF RECORDS," MORE PARTICULARLY BY AMENDING THE MAEC'S QUORUM AND VOTING REQUIREMENTS DETAILED IN SECTION 2-1143(B); FURTHER CREATING A NEW SECTION 2-1144 OF THE CITY CODE FOR THE MAEC TITLED "BUDGET AND FINANCE"; ESTABLISHING A SPECIAL REVENUE FUND ACCOUNT LINE TITLED "CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL"; AUTHORIZING THE CITY MANAGER AND THE NECESSARY CITY DEPARTMENTS TO CREATE THE NECESSARY BUDGETING AND ACCOUNTING STRUCTURES TO ACCOUNT FOR THE MAEC'S FUNDS IN ACCORDANCE WITH THE GENERALLY ACCEPTED ACCOUNTING PRINCIPLES; FURTHER DELETING OBSOLETE REFERENCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14074 City of Miami Page 26 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Chair King: Which takes us to second readings. Madam City Attorney, could you read the second reading ordinances into the record, please? Victoria Mendez (City Attorney): Yes, Madam Chair. SR.1. The Ordinance was read by title into the public record by the City Attorney. Chair King: Thank you, Madam City Attorney. Do I have a motion for our second readings? Ms. Mendez: Oh, did you want me to read SR.2 as well? Chair King: That wasn't SR.2 as well? Ms. Mendez: No, it was a long title. Chair King: Oh gosh, yes. Ms. Mendez: SR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: That's it. Chair King: Thank you. Colleagues, does anyone have -- want to have any discussion on the SR (Second Reading) items? We have a motion and a second. All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): Oh, I'm sorry. I don't have a motion yet. Chair King: Yes, Commissioner Reyes, I second it, and it passed unanimously. City of Miami Page 27 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 SR.2 ORDINANCE Second Reading 11966 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION NAMING THE PARCEL OF LAND CONSISTING OF APPROXIMATELY 261,360 SQUARE FEET LOCATED AT 2304 NORTHWEST 14TH STREET, MIAMI, FLORIDA AS "RONALD W. REAGAN PARK"; AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION/IN GENERAL", BY CREATING SECTION 38-31, TITLED "NAMING OF RONALD W. REAGAN PARK"; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE NAMING OF THE PARK; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14075 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number SR.2, please see Item Number SR.1. END OF SECOND READING ORDINANCES City of Miami Page 28 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 FR - FIRST READING ORDINANCE FR.1 ORDINANCE First Reading 11722 Department of Parks and Recreation and Office of Capital Improvements AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING CHAPTER 50/ARTICLE II/DIVISION I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "OPERATION OF VESSELS/GENERALLY", BY AMENDING SECTION 50-1 TO ADD A DEFINITION FOR LAMAR LAKE AND CREATING SECTION 50-44, TITLED "LAMAR LAKE/JIMBO'S LAGOON IDLE SPEED/NO WAKE ZONE", TO ESTABLISH A VESSEL IDLE SPEED/NO WAKE ZONE ("ZONE") IN THE WATERS OF LAMAR LAKE, ALSO KNOWN AS JIMBO'S LAGOON; AUTHORIZING THE CITY MANAGER TO UNDERTAKE AND EXECUTE THE NECESSARY APPLICATIONS WITH AGENCIES OF MIAMI-DADE COUNTY, THE STATE OF FLORIDA, AND THE UNITED STATES TO ESTABLISH THE PROPOSED ZONE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number FR.1, please see "Order of the Day. Chair King: Okay, we are now on first reading items. Madam City Attorney, would you please read the first reading item into the record? The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: That's it for the FRs (First Reading), Madam Chair. (COMMENTS MADE OFF THE RECORD) Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. END OF FIRST READING ORDINANCE City of Miami Page 29 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 BU.1 11481 Office of Management and Budget BU - BUDGET BUDGET DISCUSSION ITEM MONTHLY REPORT I. SECTION 2-497 OF THE CITY CODE OF ORDINANCES (RESPONSIBILITIES OF THE DIRECTOR OF MANAGEMENT AND BUDGET) II. SECTION 18-502 (CITY'S ANTI -DEFICIENCY ACT) III. SECTION 18-542 (FINANCIAL INTEGRITY PRINCIPLES) RESULT: DISCUSSED Chair King: We have the budget report. Are we just going to accept that? I accept it Commissioner Russell, do you want a presentation on that? Commissioner Russell: I'm fine, thank you. Chair King: Okay. We've accepted the budget report. END OF BUDGET City of Miami Page 30 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 DI.1 11945 Department of Finance DI - DISCUSSION ITEMS DISCUSSION ITEM A PRESENTATION BY THE CITY'S EXTERNAL AUDITORS, RSM US LLP, TO THE MAYOR AND CITY COMMISSION OF THE CITY'S 2021 COMPREHENSIVE ANNUAL FINANCIAL REPORT, SINGLE AUDIT, AND MANAGEMENT LETTER. RESULT: DISCUSSED Chair King: At this time, we have the discussion items before us. DI.1. Anil Harris: Good morning, Commissioners. My name is Anil Harris with RSM, the external auditors for the City of Miami. I will be presenting the financial statement audit results for the year ending 9/30/21. There are four items in your package. I will go over those at a summary level. The first item is the financial statements. We have issued an unmodified opinion on the financial statements for the year ended. An unmodified opinion is generally a clean opinion, so nothing to highlight there. Focus in on the general fund, the general fund for the year ending 9/30/21, ended the year with a $158 million positive fund balance, meaning that your assets exceeded the -- $157 million, meaning that your assets exceed your liabilities for the year ended, which obviously is positive. The second report we issued is a report on the grant programs of the City. The City expended approximately $112 million of federal and state grant program funds. Again, an unmodified opinion, no findings to report, which is consistent with the prior year. The third item is the state management letter, which is required by the State of Florida. Again, unmodified or clean opinion and no findings or no prior year findings to address either. And the final item is a report to the Commission and I will just go over that in a summary level and it summarizes the entire results of all the audits we've done. First item is there were no unusual transactions or significant issues discussed during the audit, no material audit adjustments as a result of the work performed. We had no disagreements with management in the course of the audit. We had access to all records and individuals within the City to complete the audit unimpeded. And finally, we were able to issue timely by the deadline of March 31st, which complies with the City's Financial Integrity Ordinance. And with that, I'll take any questions you may have. Chair King: Seeing no questions, thank you for that report. Mr. Harris: Thank you. City of Miami Page 31 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 DI.2 DISCUSSION ITEM 12127 Commissioners and Mayor A DISCUSSION REGARDING THE STATUS OF DRAIN CLEANINGS WITHIN THE CITY OF MIAMI. RESULT: DISCUSSED Note for the Record: For directive referencing Item DL2, please see Item NA.4. Chair King: We have a second discussion item, status of drain cleanings in the City of Miami. Anybody coming forward? Staff? Arthur Noriega (City Manager): We have a presentation we'd like to make. Chair King: Okay. Don't all hurry to the lectern. Juvenal Santana (Director, Public Works): Good morning. Chair King: Good morning. While he's getting his presentation ready, I'd like to acknowledge my summer interns who are with us. Guys, stand up. Stand up. Applause. Chair King: They're doing a phenomenal job and they're learning so much, right? I wanted them to have an opportunity to see what happens in government, see how our commission works. And so thank you for the program of having us have the opportunity to share and mentor our young people. Thanks, guys. Commissioner Diaz de la Portilla: And Madam Chair, you're lucky they came on a good day. Chair King: Yes. Commissioner Diaz de la Portilla: On a peaceful day. Chair King: Yes. Commissioner Diaz de la Portilla: Also, today is, I'd like to acknowledge while he's getting ready, that today is Sergeant -at -Arms Stanley 's birthday. He turns 33 years old today. Chair King: Congratulations. Commissioner Diaz de la Portilla: So happy birthday. Chair King: Happy birthday. Commissioner Diaz de la Portilla: Happy birthday, Stanley. Applause. Chair King: Thank you for keeping us safe. Mr. Director, are you ready? Mr. Santana: Good morning, Madam Chair. We are not. I'm waiting for a connection. City of Miami Page 32 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Chair King: The pressure, the pressure. Mr. Santana: I know. I hope Wade brought me an extra towel today so. Commissioner Diaz de la Portilla: Can we bring up Miami Freedom Park and maybe you can see a real action, government action for real or -- for the kids? Chair King: Is that a real request? Commissioner Diaz de la Portilla: No, it's a joke. Chair King: Okay. Commissioner Diaz de la Portilla: It's just killing time, that's all. Chair King: Okay. Here is the trusty IT (Information Technology) guy. He is so fantastic. Thank you, Chris. Do we want to go to DI.3 while we --? (COMMENTS MADE OFF THE RECORD) Chair King: Let's do it. Let's go to Discussion Item 3 while he gets all the stuff that he needs because 1 know Chris has to go upstairs or something. Vice Chair Carollo: 3 could be short or it could be long. Chair King: 3 could -- (INAUDIBLE). Vice Chair Carollo: Let me make sure that the Manager is going to be listening to 3 and the appropriate parties on the homeless issue, that he's gong to be listening to 3. We -- Chair King: It looks like they got the 2 going. Vice Chair Carollo: You got the 2, okay, well -- Mr. Santana: Alright. Good morning Madam Chair, Commissioners. Juvenal Santana, Director of Public Works. So I'm here to go over DI.2 with you, and that's the item that Commissioner Carollo put on for status of maintenance of our stormwater system. So I'm going to go over basically what kind of initiated this, which was we had that huge storm a couple weeks ago, and then go over what we -- how we prepared and then give you an update on our operations and our maintenance program. So, we had a -- what I call a sheet or a blanket of rain cover the city between July -- June 3rd and June 4th. This is some of the data, but locally in Miami, we received approximately 11 inches through June 4th since Friday. That's a huge amount of water and basically how this storm may have been different from others is that basically most of the city was getting rained on all at one time. So, usually we have storms that pass through and affect different areas of the city and this one basically blanketed us. So what did we do in kind of preparing for that storm? We've got areas in the city that we've identified previously as far as as what we call hot spots and we mobilize and preset some of our backup pumps, and in addition to that, after the storm, so as they broke into Saturday morning, our department, in conjunction with Emergency Management, were surveying the areas within the city and we were also getting information reported back to us as far as flooding locations and we deployed additional pumps. And that's what you see as far as post storm. So what do we have currently in our inventory to help us get this done? We have a variety of pumps and those huge vacuum trucks that we call Vactor trucks in our City of Miami Page 33 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 arsenal and we did not have to deploy every pump. We also have additional backup pumps that the Department of Emergency Management through the Fire -Rescue Department provide to us and we did count on them during this most recent storm event. Post that storm, we've -- sorry, we've ordered additional pumps that we are expected to receive in the next few months. Two of them hopefully within the month and a couple more later on. And obviously, we know that some of these materials and equipment take longer because of the global shortage on all materials. So, I just briefly listed -- and just as an example, some of the locations that we had to deploy. This one that's photographed here, this is just east of 22nd Avenue, south of 36th Street. Obviously, that was a location that we knew that we were going to have some flooding issues dating back. But the rain was such that even our backup pumps were overwhelmed. In Melrose in particular, we started getting water into our fuel tank there. And it wasn't necessarily that we didn't have enough pumps out there, it's just that we 've got to move that water somewhere. So, when we discharge this water, we're discharging it to other systems. And those other systems are dealing with the rainfalls that they're handling, and we just can't set up five pumps and just start pumping water because we will flood other roads and the systems, whether they 're ours, the County's, or the State's, which we do sometimes discharge to other agency systems. They themselves are not designed to capture and handle all our water in addition to what they're dealing with. This is just one location just in all your districts that -- so you could see that just some of the areas. This is obviously not the entire list, but this is just some of those hot spots. So we saw a lot of media attention on Biscayne Boulevard. That is a road that is currently maintained by the Department of Transportation and is overseeing part of a huge 395 reconstruction. There are -- there have been some historical issues there dating in the past couple of years with some illicit discharges and the DOT (Department of Transportation) has implemented restrictions on their system, but that inevitably has backed up their ability to discharge some of that water into the bay. Another area that got a lot of attention, and this one is in your district, Commissioner Carollo, the Southwest 8th Avenue area in Little Havana. So that area is actually a Department of Transportation system, drainage system, but there are interconnections with the City's system. So part of that area is served by our Lawrence Pump Station. What we found that occurred at the Lawrence Pump Station is that we encountered, because of that amount of water, that initial storm event at the beginning of the season basically just flushes clean our streets. If we've got anything out there, whether it be floatables in the form of plastic bottles, or leaves and debris from trees, whether it's from residents that their landscapers and we've all seen them out there blowing their leaves and their debris onto our streets. They have nowhere to go but into our drainage systems when we get those large storms. So that system was overwhelmed with debris and the Lawrence pump station temporarily shut down that because of the amount of debris that was blocking its ability to pump water. As soon as we found that, all our pump stations to be clear were fully operational. We have 13 regional pump stations throughout the city. They were all filly operational except one, which is on bypass and it is never on and that is in Overtown. That station is on bypass because the Department of Transportation reduced its space and we really don't have a need for that pump station. So we had 12 active pump stations that were all fully operational, but when we have some of these events, that's some of the things that we encounter. So what are we doing about that in particular is that we 're asking the Department of Transportation, because of that interconnection, to better protect their system. So if you may drive around our city and see some protections, like the one that I'm showing a photograph that basically keeps floatables from coming into the system. We 've got those -- we've got thousands of those throughout our city. We actually, got additional money in our last budget to install more. So we're going to be reaching out to -- we've reached out already to the Department of Transportation to have them implement a similar system that will protect all our stormwater infrastructure just that much better. Another item that we have going on right now is that our pump stations are not monitored remotely. We can't go into like a dashboard and see how our pump City of Miami Page 34 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 stations are working. We identified that as a need a couple of years ago. We've assessed all of our pump stations, and we are going to be moving forward so that during an emergency, someone remotely can be monitoring all of our pump stations and ensure that they're operational and if the need is to kick in additional pumps and override the default settings that we have out there for the every day. So, this is just our map of where we have those large pump stations that are throughout the city. You can see that we have some that are out west that were built after the 1999 no -name storm. We have newer pump stations in the Brickell area, Mary Brickell Village, that was constructed and there's ongoing improvements in that area to jolly take advantage of that pump with new drainage pipes conning into it and that project is hoped to be connected in the next few weeks. Vice Chair Carollo: What -- can you go back to the map, please? Mr. Santana: Absolutely, sir. Vice Chair Carollo: What are the colors that you have? Mr. Santana: So the -- Vice Chair Carollo: What do they mean? Mr. Santana: -- the colors represent the basins. So the red square is the pump -- Vice Chair Carollo: Right. Mr. Santana: -- and the colored area that it sits within is basically the collection area. It is responsible for collecting all the runoff in that area -- Vice Chair Carollo: In that area -- Mr. Santana: -- through that pump. Vice Chair Carollo: -- that's colored, I see. Mr. Santana: Yes, Commissioner. Vice Chair Carollo: But why do you have different colors, though? Mr. Santana.. I'm sorry? Vice Chair Carollo: Why do you have different colors? What does each color represent? Mr. Santana: Oh, because there's a legend on the top and that tells us what that pump station is. Vice Chair Carollo: Okay, so you've got three pump stations there. Mr. Santana: Correct. Vice Chair Carollo: And you've got three colors that each color will go to one station. Mr. Santana: Correct. Vice Chair Carollo: Okay. City of Miami Page 35 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Mr. Santana: So if you see the two in Flagami, they're basically -- it's one basin, there's just two pumps running that basin. Vice Chair Carollo: Right, right. Mr. Santana: And we call those the West End 1 and West End 2 pump stations. I'll move on. So additional, we've talked about several times here with you all, we've had presentations and we've had discussions with your staff with respect to the Miami Forever Bond and the priority projects that are coming online. 1 just noted that of the 24 neighborhood projects that were prioritized, there's another 13 pump stations. So that basically means that we're going to double the amount of pumps that we currently have in service. So we're going to go from 13 pump stations to hopefully 26. And that is just a tip of the iceberg. Commissioner Diaz de la Portilla: By when? Mr. Santana: So all those projects -- so right now those that are just listed right there, all of those have pumps and all those projects we've received notice of awards of grants. So those are -- those at least are five that we're going to be moving forward. The plan is that as monies become available that we're able to leverage the Miami Forever Bond dollars with grants that we can move forward with more. So, all 13 of them will depend on monies because that priority list is $600 million worth of improvements. We don't have it. But right here, that's five. So, if we just built those five, that would be a net increase of 50 percent. As far as your question as far when, we are looking to have all these projects in the ground in construction within the next two years. Commissioner Russell: Madam Chair? Director Santana, is the bottleneck the funding or simply project management? You say two years. Is there funding in the pipeline to get this done? Mr. Santana: So some of these projects had already had matching dollars assigned to them. Some of them had not and that's part of why we've recently set up additional meetings with your staff to finalize that prioritization so we can appropriate -- post that February allocation to all the districts so that we can then appropriate those monies. We currently have staff working on the grant applications. So it's -- we have consultants already on board that are assisting us with that. Commissioner Russell: Madam Chair? So if -- Mr. Santana: Mr. Deputy City Manager, did you want --? Commissioner Russell: Go ahead. Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Deputy City Manager. To answer your question, Mr. Russell, two Fridays ago, the City's Procurement Department released a couple of solicitations for program management for stormwater management systems in the city. The goal of the solicitation is to have us engage new consultants to increase capacity for program management, and also utilize the existing contracts for A&E, Architectural and Engineering Services, in order to fast - track some of these projects. So in a sense, they're not going to be done in-house, because we realize that it's too much work in-house for us to be able to deliver. One of the expectations is that it's going to be on a fast track. We realize that the funding that we're receiving from these external agencies have deadlines. So we better spend the money as quickly as we can. That's why we're engaging with consultants. Commissioner Reyes: Madam Chair? City of Miami Page 36 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Commissioner Russell: Yeah, just a moment. I'm almost done. I'm almost done. Commissioner Reyes: I thought you had already. Commissioner Russell: Thank you, Mr. Ihekwaba. So the -- five years ago, we passed the Miami Forever Bond, $200 million. Then we get the stormwater master plan. We've got a roadmap now. What else do you need from this body to make sure there is no -- nothing slowing you down from saving this city from stormwater? Mr. Ihekwaba: I believe we've already reached out to the respective offices to reconfirm that the 24 priority projects has not changed. We 've received responses at least from District 4 that is a go. And I believe a couple of other commission offices have already signaled that they don't have intent to make any changes to that list. Commissioner Russell: Is there a coming resolution or do you need a resolution to empower those projects? Mr. Ihekwaba: I don 't think at this time we need any additional reso (resolution). The last reso that came to this commission, I believe it was in March, divvied up the money equally among the respective commission offices. Commissioner Russell: But you need them line item, though. Mr. Ihekwaba: The line items that we anticipate will come from the 24 projects. Commissioner Russell: So they're not line-itemed yet? Mr. Ihekwaba: We want you to confirm -- Commissioner Russell: Yeah. Mr. Ihekwaba: -- that that's what you want. Commissioner Russell: Okay, so when is that coming to Commission and how soon? Because this is the part I want to make sure we're not holding you back. Mr. Ihekwaba: If we have that confirmation from you, in the next one week well come back to Commission for appropriation. Commissioner Russell: So we could see something in July? Mr. Ihekwaba: Hopefully, yes, as quickly as we can. Commissioner Reyes: Madam Chair? Mr. Ihekwaba: By the way -- Commissioner Reyes: Madam Chair? Mr. Ihekwaba: -- the solicitation for consultants was on -- is on a fast track. Chair King: Commissioner Reyes? Commissioner Reyes: Yes, I know that we had a lot ojf looding, but I want to be, in the sake of justice, I want to thank Public Works for the work that you did overnight, because I spent the whole night going through my district, like just like all the City of Miami Page 37 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 commissioners. And we have little resources that we had, they were out there trying to clear the water, but we need a lot of pumps. And we need to find the funds to have pumps, because just as you stated, some of the water we are just transferring from one place to the other. And I think that we have to find the resources so we have deep injection pumps, you see, that the water should be injected instead of being transferred from one place to the other or to the lake or whatever. And I know that, fir example, in my district, we have a situation that the only way that it can be resolved is like that. And now in the new area that I inherited from Commissioner Russell, we have a huge problem there that I would like for you guys to start developing a program or a project to try to alleviate the problem or eliminate the problem that they have on 27 Terrace, et cetera, et cetera, because in that area, the water gets into the house, you see. The houses are flooded, and we cannot allow that in our city. Also, in Silver Bluff we have another problem. I know that you are loaded with different areas that they need, I mean, drainage projects, but I would like for you guys to try to determine how much you need and see how can we get it. You see, how much, I know it is a multi -million dollar project because this is not new. This has come, I mean, Miami has been like that all the time. I remember when I first got here, 1959, thanks God that the automobiles were higher and the intake was on top of the motor because if not, people couldn't go around. 36th Street was a river. But we have -- and Flagami was always under water. Now that we have pumps, and those pumps are working, although we still have problems. But we need a citywide estimate of how much do we need. So we have to find it, because our residents, every time there are some areas every time that it rains, they start praying. You see, praying, just wishing that it doesn't happen. But thank you very much, Juvenal, for your assistance before and after. Another question that I have, you see, you talked about the vacuum trucks, which is very important, that our drainage -- they get caught because we have a bunch of people that when they, or companies also, when they cut the grass, they blow all that debris, all the grass and all the leaves and all that into the drainage. Like if that was the dumpster, I mean, they could dump there. I don't know, Madam City Attorney, do we have an ordinance prohibiting that? Victoria Mendez (City Attorney): Into the storm drain? Yes. Commissioner Reyes: We do? But we never enforce that because they do it right in front of your house. I mean, what they do, they move my dirt, my -- I mean, all the debris, all the dirt, they move it to the next -- I mean, the house just across the street, and if there is a drainage, right into the drainage. We 've got to stop that because we don't have enough vacuum trucks to have a constant cleaning of our drainage. We have to schedule them certain times. And I wish we'd get more. And we have a rotation that every single district will have, I mean, will be in that rotation. (UNINTELLIGIBLE) and I, one day we were talking about, why don't we buy, the City buy, five vacuum trucks in every single district, they will have a constant rotation in each district, and that way we alleviate the problem that we have. You see, all drainage will be clean. Mr. City Manager by to enforce that ordinance. You see, get some inspector. I don't know who could enforce it. Maybe a police officer that is driving by and see somebody doing that. But we 've got to start enforcing our ordinance and we have to start getting our people not to throw everything in a drainage. That's it, okay. Chair King: Did you get the photos from my neighborhood? Mr. Santana: I think have one of your photos, but it -- Mr. Ihekwaba: Are those the ones you sent yesterday? Chair King: Yes. City of Miami Page 38 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Mr. Ihekwaba: Yeah, they were sent to Miami -Dade County -- Chair King: Okay. Mr. Ihekwaba: -- because it had to do with sanitary sewer -- Chair King: Right. Mr. Ihekwaba: -- that was overflowing into the storm, which is something unhealthy for us. Chair King: Right. Mr. Ihekwaba: So they acknowledged last night that they are in receipt of it. It was sent to Water and Sewer. Chair King: Okay. All right. Just wanted to make sure that you were aware. Mr. Santana: And we had previously notified them of that issue. Chair King: Okay, perfect. Vice Chair Carollo: Okay, Madam Chair. Mr. Santana: Okay, so, you know, segueing into maintenance, to your point, so this right now is our -- the data you have in front of you is from our reporting period. The City, of Miami is the only municipality in Miami -Dade County that has its own NPDS, National Pollutant Discharge Elimination System with the Florida Department of Environmental Protection. So we have to report to them on an annual basis what we're doing to maintain our system. So they require inspections, but what is actually being taken place when we're doing an inspection is we're actually cleaning the system at that point. So last year, reporting period between November 2020 to November 2021, we cleaned approximately 37 percent of our exfiltration system in the city. So if you kind of overlay that, that puts us somewhere where someone might look at like in a three-year rotation basis. That does also take into account that we're servicing certain areas a little bit more often than others that we know that are trouble, that the systems may be more susceptible to debris. So, while the average may be about 33, 37 percent per year, there may be some areas that take a little longer to service, but they must be cleaned on a regular basis. And then just some data as far as how we 're doing right now on our annual budget for contracted services. We have $1.1 million in our current fiscal year budget. And as far as open service requests, so that's what's coming to us and how we're dealing with the needs of the public, we currently have 175 open 311 service requests; 150 of them were received between May 30th to today and the concentration of them happening over that weekend. So, we are, again, evaluating all those complaint locations and then we will be closing out those service requests. As far as what we're doing with technology, historically everything was very either 311 or very paper based. We're working into where we have an asset management system and the program that we 're using is called Cartegraph. We have collected all our stormwater information either through the Stormwater Master Plan or through the asset data collection and we are going through it right now to make sure that everything is accurate. Just so you have an idea of what that would look like on a map, you would see every node and every pipe that we have underground. So if anyone has a question about it, we could go to it, know what size of the structure, when it was put in, when it was last maintained, and what have you. This is just a little bit about what our inspectors will be able to do, they'll be able to record everything with photographs and actual detail. This is basically their work order form and they'll have a list of details that they'll have to City of Miami Page 39 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 check off and ensure that they're capturing. And this is what our maintenance operations crews are currently working. So you can see that we do have an idea as far as where we've been, how much we've done within any period of time. And this also deals with mosquitoes controls because it's on our operations side. That's why you see that there. So I'm going to kick this over to our solid waste director just so that he can talk about some of the maintenance that he assists our department with, specifically with street sweeping, with their daytime and nighttime operations. Wade Sanders: Thank you, Juvenal. Madam Chair, Vice Chair, Commissioners, Wade Sanders, Director of Solid Waste. With Solid Waste, we have a night street sweeping program that we have in place that we identify locations five days a week, Monday through Friday. Most of those streets that we are servicing are state roads and stiff. So we've been talking with staff, staff we've been talking with one another, talking about recouping some of those fiords from the State or from the County to have it where we can go out and do -- contract those services out so that we can be on a more of an accurate time basis of doing the street sweeping. We also spoke about doing maintenance on flipping the time of days or the time of nights where -- that you can park on the streets so that we'11 be able to get the whole entire streets because what happened at the night when we do the night sweeping is that the individual cars are parked on the side. So we're going in and out, not really doing a fine sweeping through the neighborhood or doing the main thoroughfares that we are going through. So those are some of the things that we have put in place. We also have a daytime street sweeping program that's in place, which I have two street sweepers that are out there at the moment, but one of those street sweepers now is assigned to the HEAT (Homeless Empowerment Assistance Team) team, and then the other street sweeper comes in and then fills in to by to do a five-day operation with one street sweeper. And we are looking to look at contracting or having assistance to contract with that to help us with street sweeping as well. So those are the two programs that we have in place and what we are looking at doing as far as making sure that we get the streets swept. But the main thoroughfares that we are paying attention to are basically a lot of the state and county roads that we do street sweeping on. And then during the daytime we go into the residential areas and do street sweep there. So with that being said, I'll turn it back over to Juvenal. Any questions before --? Vice Chair Carollo: Yes. Mr. Sanders: Yes, sir. Vice Chair Carollo: This is partly for you, but even more so for your predecessor that was speaking just before you did. Luimar Zibetti Garza: Can't hear you. Vice Chair Carollo: What percentage of the -- Ms. Zibetti Garza: I can't hear vou. Vice Chair Carollo: You can't? Ms. Zibetti Garza: No. Vice Chair Carollo: Good. Ms. Zibetti Garza: Pull the microphone forward, please. Thank you. Vice Chair Carollo: Now, you could hear me, right? Mr. Sanders: I'm listening. City of Miami Page 40 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Vice Chair Carollo: That's the important part. Mr. Sanders: That's important. Vice Chair Carollo: Right, so you guys could answer. My question is, we had some streets that there was a lot of garbage thrown in there. People that have their lunch paper plates, styrofoam plates, plastic utensils, soda bottles, water bottles, cans, they were thrown in there. But I saw, in particular, that area of 8th Avenue that was plugged, you could see all this debris just floating all on top. My question to you is, even if the drains are fairly clean, but the streets have so much of that, does that contribute to that area having been -- having the drains plugged also with so much rain that came in? The rain that came in is very unusual. We get rain like that, at least we used to once every, 10, 15, 20 years. So, my question specifically is, is the reason that in that area, maybe others, the drains were plugged was maybe a combination that they were so clean and all that debris on top, there was so much water, that all started going into the drain, it got plugged and then whatever else can go started floating all over the place? Mr. Sanders: Yes, sir. So, that's why it was -- it's so important, what Juvenal spoke earlier, about getting the grates or the gates over the covers because when those large items start to flow in those areas, once they get down there, we have to pump that out in order for the water to flow. Vice Chair Carollo: Yeah. Mr. Sanders: Having those grates on those covers --1'm going to call them covers -- having those covers on there, what it does for us is that the debris don 't get in there, we're able to come in and get those -- get that debris out and the water can flow free. Vice Chair Carollo: Where do those covers actually go? How deep do they go into it? Mr. Sanders: You want it or -- you want it? Mr. Santana: Yeah. Mr. Sanders: He wants it. Mr. Santana: So the inlet protection, those covers, those are -- your question is where do they go? Vice Chair Carollo: Where are they at? Are they right on top? Do they go inside the bottom? Mr. Santana: So, let me bring it back to the picture that shows basically. Alright, so I'm going to mouse over. There is -- this is a recently installed inlet protection. Vice Chair Carollo: Cover. Mr. Santana: This is one that was just put in. This is a newer model. Just a word of caution on some of these and where we try, to implement them and where sometimes Tye may, not. While this is wonderful in taking those plastic bottles from getting into our system, those openings are now reduced. So, if you have a lot of landscape debris and the smaller stuff, it is still imperative that -- our issues are not just our maintenance of our system. It's -- this is a community issue. Vice Chair Carollo: Yeah. City of Miami Page 41 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Mr. Santana: That a lot of whether it's plastic bottles, whether it be landscaping debris, this will also keep that landscaping debris to come up. But f we're not careful, it could take over, basically that, and basically render it unusable, right? So, that's where operations like street sweeping are very important so that when we have these protections, anything that builds up in front of them gets swept up. Vice Chair Carollo: Alright. Mr. Santana: So, in that area of Southwest 8th Avenue, along our drainage system, most of the locations have something like this or similar already installed. But we 're going through everything, and I'm saying almost everything because, you know, I don't want -- we're not 100 percent. We're going to go through and make sure that anything that's connected to that particular pump station, which is basically what the methodology we've used. If we're connected to a pump station, we want to definitely keep floatables away -- Vice Chair Carollo: Yeah. Mr. Santana: -- because the end result is that we'll have a pump station shut down on us. Vice Chair Carollo: Yes. So this area here does have these barriers. Mr. Santana: It does, but it hasn't on our roadways. Southwest 8th Avenue, which is 441, is a state road -- Vice Chair Carollo: Yeah. Mr. Santana: -- which is also connected to our station, does not. Vice Chair Carollo: Okay, that's what I thought in this group. Mr. Santana: Right. Vice Chair Carollo: And the debris that I was seeing was that, in 8th Avenue. Mr. Santana: Right. Vice Chair Carollo: Right along there. Mr. Santana: So we've already had discussions with the Department of Transportation to see what is the easiest way to fast track getting those installed. Vice Chair Carollo: Yeah. So, lots of luck with the state. Mr. Santana: I know. City of Miami Page 42 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 DI.3 DISCUSSION ITEM 12128 Commissioners and Mayor A DISCUSSION REGARDING THE ADMINISTRATION'S RESPONSIBILITY TO CLEAN RIGHT OF WAY AND ACCOUNTABILITY WITH RESPECT TO THE PROCESS THEREOF. RESULT: DISCUSSED Note for the Record: For directive referencing Item DL3, please see Item NA.5. Note for the Record: For additional minutes referencing Item Number DL3, please see "Public Comments for all Item(s). " Vice Chair Carollo: D3 [sic]. Chair King: D3 [sic], Discussion Item 3. Vice Chair Carollo: Here, well -- Chair King: Did that kind of fold into --? Vice Chair Carollo: I think we did it. Vice Chair Carollo: No. Well -- Commissioner Russell: Right? Vice Chair Carollo: -- yes and no. This involves a lot more people. Chair King: Okay. Vice Chair Carollo: And unlike what we heard before, on this one, we passed ordinances that are not being abided. Months back, we passed a series of resolutions and ordinances. One was that we, the hot spots, those meaning where you have a sizable amount of people in sidewalks, et cetera, that they were to be cleaned for the safety and health and welfare of those people and our general residents, they were to be cleaned three times a week. That hasn't happened. I can tell you that in my district, several hot spots, while smaller than many that you have in your district, Commissioner King, and other areas, they're in significant important areas where the traffic .flow is huge. And I know for a fact that those haven 't been cleaned in months and months. Just recently we cleaned one area. So, I want to hold people accountable. END OF DISCUSSION ITEMS City of Miami Page 43 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE Second Reading 10957 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE APPROXIMATELY 1.75 ACRES DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT 600 NORTHWEST 42 AVENUE, 4251, 4253, AND 4255 NORTHWEST 6 STREET, AND 601 NORTHWEST 43 AVENUE, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED 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: Item PZ.1 was continued to the July 28, 2022, City Commission Meeting. Chair King: Do we want to take up the Planning and Zoning items now? Commissioner Russell? Commissioner Russell: Yes. Chair King: Okay. Madam City Attorney, would you please read the Planning and Zoning items into the record? Victoria Mendez, (City Attorney): PZ.1 and 2. PZ.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.3 is a resolution, so I'm not reading that one into the record. PZ.4. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: PZ.5. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 44 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Ms. Mendez: Those are all of the PZ (Planning and Zoning) ordinances. Commissioner Reyes: Madam Chair? Chair King: Yes? Commissioner Reyes: May -- I have a couple of questions on the PZ. Chair King: Okay. Commissioner Reyes: On PZ. 1 and 2, 1-- from what 1--1 mean, although it's not in my district, it's right on the boundaries, but it will affect my district, and as we spoke, because all the cut -through traffic and all the Flagler and all of that is going to be through part of my district to the west and to the south. And one thing that it really concerns me is that you are asking from going -- increasing the density from 300 to 600? (INAUDIBLE), I mean, you're more than doubling the density. Ines Marrero: Good morning. My, name is Ines Marrero. I am an attorney with offices at 701 Brickell Avenue on behalf of the applicant this morning. And yes, the portions of the -- the portion -- the rezoning of the property will increase the density on the properties that are zoned T4. Commissioner Reyes: Yes, but as I -- I have a map here, all the new constructions that have been done along 7th Street, none of them has that density. And I personally, personally I am afraid that if we grant this, that we open up the door to all the people to ask for such an increase in density, which means more apartments, means more people moving in, more traffic, et cetera, et cetera, you see? And I -- it really -- I mean, I know that you want to maximize the use of the land, you see, I mean, it is -- it is -- it's business. And that is -- it is what it is. But I am very concerned about this, and I would like to analyze this a little bit more. If you might -- Ms. Marrero: Commissioner, of course, we would be more than happy to again sit down and meet with your office and discuss it, and we'd be happy to defer it -- Commissioner Reyes: Because -- Ms. Marrero: -- for that purpose. Commissioner Reyes: I will -- Ms. Marrero: We did proffer a covenant limiting the uses on the southern portions of the property that abut the existing residential family. Commissioner Reyes: Yes. Ms. Marrero: But again, I'm more than happy -- Commissioner Reyes: I would like to analyze it. Ms. Marrero: -- to sit down -- Commissioner Reyes: And also -- Ms. Marrero: -- with you and your staff Commissioner Reyes: -- if you can bring some traffic analysis. City of Miami Page 45 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Ms. Marrero: We'll do that as well. Commissioner Reyes: Something like that -- Ms. Marrero: We have that. Commissioner Reyes: -- I would love, because I have my constituents, and Alex's constituents also, they are very concerned about that. They are very concerned, the ones that are immediately neighboring this place. And I know that you are concerned about this too, sir. I know you and I know you are very concerned about this, so let 's analyze it a little bit more. Commissioner Diaz de la Portilla: But the deferral will be nice. Commissioner Reyes: Okay. Okay, thank you, sir. Thank you, Commissioner. Ms. Marrero: So, the deferral would be at the pleasure of the Commission in terms of the timing. We are ready, willing, and able to be back here in July if that is -- I think we have enough time to do that, but obviously, it's your pleasure. Commissioner Reyes: The second meeting in July will be fine? Ms. Marrero: Yes, sir. Commissioner Reyes: Okay, okay. [Later...] Chair King: So, Commissioners, are we going to have a deferral for PZ.1 and 2? Commissioner Reyes: Yes. Chair King: Do I have a motion? Commissioner Reyes: Yes. Chair King: Second? Commissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. PZ.1 and 2 has been deferred until July -- Todd B. Hannon (City Clerk): 28th. Commissioner Diaz de la Portilla: 28th. Chair King: -- 28th. Commissioner Reyes: Okay. City of Miami Page 46 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 PZ.2 ORDINANCE Second Reading 10958 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T4-L," GENERAL URBAN TRANSECT ZONE — LIMITED, TO "T5-L," URBAN CENTER TRANSECT ZONE —LIMITED, OF THE PROPERTIES GENERALLY LOCATED AT 600 NORTHWEST 42 AVENUE, 4251, 4253 AND 4255 NORTHWEST 6 STREET, AND 601 NORTHWEST 43 AVENUE, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; FURTHER ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED 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: Item PZ.2 was continued to the July 28, 2022, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.2, please see Item Number PZ.I. City of Miami Page 47 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 PZ.3 11790 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RELEASE OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," FOR THE PROPERTY GENERALLY LOCATED AT 3622 SOUTHWEST 22 STREET, MIAMI, FLORIDA, MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-22-0235 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 Commissioner Reyes: And on PZ.5? Chair King: PZ.4. Commissioner Reyes: Oh, PZ.4. PZ.5, I would -- no. No, no, no, no. Chair King: Because PZ.3 is a resolution, we'll take that up. Commissioner Reyes: Okay. Chair King: Or do you want to do PZ.3 right now? Commissioner Diaz de la Portilla: Let's just do it right now. Chair King: Let's do it right now. Do I have a motion? Commissioner Diaz de la Portilla: I'll move it. Commissioner Reyes: Second. Chair King: Second. Lakisha Hull (Director): Madam Chair, if I can. There -- Lakisha with the Planning Department. Chair King: Okay. Ms. Hull: So we do have, for the record, the Review Release Committee reviewed this request to release the covenant on Friday, and we wanted to provide that as part of your consideration to approve this resolution. Chair King: Okay, so I have a motion and a second. All in favor? The Commission (Collectively): Aye. City of Miami Page 48 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Todd B. Hannon (City Clerk): As amended. Chair King: As amended. Commissioner Reyes: As amended. Chair King: Motion carries. PZ.4 ORDINANCE First Reading 12007 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 ZONING CODE" ), MORE SPECIFICALLY BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," SECTION 3.5.2 AS IT RELATES TO GROUND FLOOR HEIGHT ALLOWANCES, IN ORDER TO CORRECT INCONSISTENCIES AND PERMIT ADDITIONAL FLEXIBILITY IN THE DESIGN OF BUILDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Russell, Diaz de la Portilla, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item Number PZ.4, please see Item Number PZ.I. Chair King: PZ.4, do I have a motion? Commissioner Russell: So moved. Commissioner Reyes: Second. Chair King: Second. All in favor? Todd B. Hannon (City Clerk): Chair, is there --? I will defer to the Planning Director. Lakisha Hull (Director, Planning): Yes, ma'am. Madam Chair, there is a modification that was provided by PZAB (Planning, Zoning and Appeals Board) at their hearing. Chair King: Okay. Ms. Hull: And in the whereas clause, the sixth whereas clause, there is a modification that we want you to take into consideration. Planning is in support of that modification. It states for the record that the maximum height shall be 70 feet for T5- R and the maximum height for T6-R is 112 feet. Commissioner Reyes: Okay. Ms. Hull: Thank you. Chair King: So, PZ.4 as amended. All in favor? City of Miami Page 49 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 The Commission (Collectively): Aye. Chair King: Motion carries. PZ.5 ORDINANCE First Reading 12009 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 3, Planning TITLED "GENERAL TO ZONES", TO ESTABLISH AN AFFORDABLE HOUSING TRANSFER OF DEVELOPMENT DENSITY PROGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Ken Russell, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Russell, Reyes NAYS: Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number PZ.5, please see "Public Comments for allltem(s)" and Item Number PZ.1. Chair King: PZ.5, do I have a motion? Commissioner Russell: So moved. Commissioner Reyes: I have a question before I make a motion. Chair King: Okay. Commissioner Reyes: And my question is, this is only going to apply to the CRAs (Community Redevelopment Agencies). Commissioner Russell: No. Commissioner Reyes: It cannot go out of the CRA -- the boundaries of the CRA? Chair King: Administration? Commissioner Reyes: That is what I -- because if it goes out of the boundaries of the CRA, that's a different question. Chair King: Administration? Lakisha Hull (Director, Planning): Thank you so much, Commissioner Reyes, for that question. So the projects have to be located in the CRA in order -- Commissioner Reyes: In the CRA (UNINTELLIGIBLE). Ms. Hull: Exactly, in order to transfer the density to another receiving site. Commissioner Reyes: And it has to be only for affordable housing purposes. City of Miami Page 50 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Ms. Hull: The tran -- well, the transfer does not have to be affordable housing purposes. It is the density that is remaining after they have met their affordable housing requirements on site. Commissioner Reyes: Question, if it is accepted, can we have an amendment that it will be only used for affordable housing? Because that -- it is not fair that somebody that has a project that is affordable housing and does not use all the density that could sell that density to a developer that is going to use market share or market rate. You see, I don't see that as beneficial to what we want to do to increase our affordable housing stock. Arthur Noriega (City Manager): So, if I may, Commissioner, so in order to allow for the opportunity for the developer selling that density out, because really what we're providing is another source of revenue, right, to help subsidize an affordable housing project so they're selling off that additional density that they're not going to use. It would really limit the market of that if you're only selling it to another affordable housing project. It's sort of counterintuitive. You want to sell it to somebody who 's going to increase density, right, on their project because you 're maximizing the return to that particular affordable housing project. That's the intent. Commissioner Reyes: But 1 think, in my opinion, my opinion, a person that is -- that we have a bunch of developers here that they want to do affordable housing. And they are faced with the limit, the density limit within the area of the CRA, they can increase their limits by buying additional density that was unused density. And I think that what we are doing, it is, we are opening up, 1 mean, a business. We open up a business that if I am going to do -- let's say, I have a lot in Overtown/Park West, which is my favorite CRA. In Overtown/Park West, we have a -- Commissioner Diaz de la Portilla: I thought it was mine. Commissioner Reyes: No, no, no. Remember, I am one of the founders of -- Commissioner Diaz de la Portilla: I know, I remember. Commissioner Reyes: -- Overtown/Park West. And we are doing it. This developer, he is doing a building, he's building affordable housing, and doesn't have to use all its density because there is a market out there that will buy it from him, and then they can use the other -- I mean, the person that he sells it to can build and use market rates. You see, you're benefiting somebody that is not so much interested in providing affordable housing. That is my opinion, sir, because I'm all for it as long as it is within the CRA and affordable housing. Mr. Noriega: So, for purposes of better understanding, because I don 't want you to take my word on it. I'm happy that there's another affordable housing developer in the room. They can sort of chime in on this. But typically what happens and the reason why there's available density is because the numbers don't pencil out, right, that you can build it any bigger or maximize the use of the density because you can't get additional subsidy. There's a lot of reasons, all of which are economic for why you can't build more units, right? So this provides, again, we're providing an incentive for them to acquire additional resources to make the numbers work for the affordable housing project. As for another developer and another option, you know, in terms of selling it to somebody who's going to use it for affordability, they have the option to pay into the trust fund, right, as their option to increase their density, which actually has more value to the City, right? So I don't want to compete with that either, right? So, there's -- this particular structure is sort of finding a good balance, right, to generating a source of revenue, for an affordable housing developer and in addition City of Miami Page 51 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 not handicapping our other resource, which is somebody contributing to acquire additional density into our public -- our trust fund. Commissioner Reyes: Madam Chair, if I may. But it is also providing, you see, the incentive to a person not to cap their density, not to use all the density, and then get a benefit, somebody that is not building affordable housing, by selling it and that person using that additional density for market rate. I think that the intention is good. You see, the intention is good. I like the way that it was developed, but only, my only concern is that the additional density go for affordable housing, which is our goal, which is our goal. Our goal is to provide, particularly in that area, and I'm going to be very blunt, particularly in that area, provide affordable housing for people that live in Overtown, people that were born and that they work and they -- their life is in Overtown. Because what we've been seeing now it is that Overtown is changing, you see. There's a lot of people -- I mean, there are a lot of apartments that cannot -- they are not affordable for people that live in Overtown before. And the intent of the CRA at the time was to try to keep as much as we could, the -- I mean, all the characteristics and integrity of that neighborhood and at the same time promote -- foster economic development and businesses and all of that for people in Overtown, you see. That is my concern. Melissa Tapanes Llahues: Madam Chair, may I be recognized? Chair King: 1 believe my colleagues would like to speak. Commissioner Russell and then I'll recognize you after they -- Ms. Tapanes Llahues: Thank you. Commissioner Russell: Thank you. Chair King: -- have had an opportunity to speak. Commissioner Russell: Madam Chair, I'd like to move the item on first reading. I'm supportive of the concept. I have some questions, just as Commissioner Reyes does, to see how this affects the market for transfer development density, the TDDs, that exist. It's a pretty new program that we as a board -- a body just created a couple years ago, and I think it's been successful for historic preservation. Can it do the same now for affordability? I think so. I like -- I love the idea. So, I'd like to -- between first and second, I'd like to get analysis from the Administration on how this will -- well, what revenues will this generate, potentially? Is there a projection for unused density within, you know, take an example of recent affordable housing projects that have been completed, what could they have sold? What could have been generated from that? What could have helped them on their bottom. line? And then also the study from Commissioner Reyes' perspective of the receiving properties and what they're using it for, if we limited it to whether it was workforce or affordable, would that truly choke that market or would it produce more workforce housing and affordable units for us? Commissioner Reyes: Okay. Commissioner Russell: So, I'd like to study it and understand better, but I am supportive of the concept and I'd like to move it. Commissioner Reyes: I -- Commissioner Diaz de la Portilla: I would prefer -- Chair King: Commissioner. City of Miami Page 52 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Commissioner Diaz de la Portilla: Thank you. Thank you, Madam Chair. 1 would prefer to defer the item to the next Commission meeting. 1 think that the concerns that the Commissioner raised are serious concerns. It not only goes to the CRA, it also goes to the trust fund. It could go to the trust fund, correct, Mr. Manager? So it could be for developments outside the CRA areas, correct? They are affordable, but it could be also market rate. That's a major concern, for me because the whole purpose of this project is a good idea, but I don't think it is fully developed yet. And I think there needs to be more understanding on this dais before we vote on it. Not to delay it too much, but maybe until the next Commission meeting so we have an opportunity to meet and kind of address some of these concerns. 1 don 't feel comfortable voting for something on first reading when I have serious concerns about it. So, if you vote on it today, 1'rn going to vote against it. But 1'in open to voting for it if it makes sense, if we can make some adjustments, including what Commissioner Reyes has mentioned, which is it can only go to affordable and attainable. But not only affordable, also workforce housing, right? We want to make sure that those dollars are there. There 's also concern that the developers can, in fact, purposely not use that available density to make money somewhere else and transfer it over to someone else who can make money on a market rate unit. And to me, that's a concern. There's too many loopholes in the way it's written. I was up until late last night reading and going through, you and I had a conversation about it yesterday, Ms. Tapanes, and I'm still concerned that the language is not tight enough to not allow what's going to happen, which Commissioner Reyes mentioned could happen. And so I think the best thing to do is defer to the next Commission meeting. 1 would recommend we do that. I think that's being deliberate and thoughtful and just bring it back to the first July meeting and we can talk about it between now and then. Commissioner Reyes: Madam Chair. Chair King: Commissioner Russell. Commissioner Reyes: Madam Chair, and I want to know your opinion on it, if we should move. Chair King: Well, as the sponsor of this item, I'd like to move it on first reading. And between first and second reading, we can hash out all of the concerns -- Commissioner Reyes: Okay. Chair King: -- that have been raised because, as Administration said, this is a step in the right direction. So I'm going to allow Melissa to speak as well. Okay, but it would be my preference to pass it on first reading and then flesh out the issues that have been identified by my colleagues. Please go ahead. Ms. Tapanes Llahues: Thank you, Madam Chair. I'm here on behalf of Block 55 Owner, LLC. They're the developers' of Block 55 and Sawyer's Walk. We've been working with the Administration and your office, Commissioner -- Chair King and the CRA on this particular language. We're very proud of this language. We presented before the Planning and Zoning Appeals Board on Wednesday. We answered all the questions that were mentioned today, and we received a unanimous recommendation for approval. I think that the major stopgaps in this legislation to prevent the kind of abuse that we're all concerned about is specifically that the affordable housing projects have to be taking advantage of the City's attainable affordable housing program, and most importantly, provide more than 200 units of affordable housing. Most tax and -- tax deals, you know, the 4 percent and 9 percent tax credit deals through the state of Florida max out at about a hundred units maximum, and the affordable housing developers here could attest to that fact. So these are Jrovery large projects, such as Block 55, where we're providing 578 affordable units, full City of Miami Page 53 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 affordable units at 60 percent AMI (Area Median Income). So the goal here is to provide a private source of funding for affordable housing projects within CRAs. And the only way to obtain that private funding is to add to the TDD market, which today, as Commissioner Russell mentioned, is limited to historic preservation. So the goal here is to expand that program, which just became successful, as Commissioner Russell said, when this commission really tightened up that TDD language to create and calibrate the correct balance between public benefits and TDD, and that project is, in fact, working. We are now carrying that over to the actual affordability, which is this commission's and our community's number one priority. So what I would respectfitlly ask is for us to work together between first and second reading. Commissioner Reyes: Okay. Ms. Tapanes Llahues: This, again, we took some time to get to the PZAB (Planning, Zoning and Appeals Board) and work on this language. We're happy to continue working on it and we would respectfully ask either to table this item to after your CRA meeting today, where you're going to learn more about the memorandum of understanding between the Southeast Overtown/Park West CRA and our -- my client, Block 55, and you'l1 see how that deal works and we're happy to explain it. Mr. Swerdlow will be here as well -- Commissioner Diaz de la Portilla: Madam Chair? Ms. Tapanes Llahues: -- or continue to work on it. Thank you. Chair King: One second. Good morning, Vice Chair. How are you? Commissioner Reyes: Good morning. Chair King: Would you like to weigh in on this? Vice Chair Carollo: (INAUDIBLE). Commissioner Diaz de la Portilla: Good morning. Vice Chair Carollo: Can I ask a couple of questions? Chair King: Please. Vice Chair Carollo: Thank you. Melissa, how are you? Ms. Tapanes Llahues: Yes, sir. Thank you. Good morning. Vice Chair Carollo: Which are the fine, outstanding developers that came up with this idea? Ms. Tapanes Llahues: Well, I'm happy to say that it was the chairwoman of your Miami 21 Task Force, but I'm a lobbyist on behalf of Michael Swerdlow and Block 55. Vice Chair Carollo: Okay, I figure that. And the experience that I've had with all the outstanding, fine, wonderful developers that we have is that I never have met a developer in all my years that have come with an idea to the city commission that is not self-serving. I have a tremendous respect, as I've told you in personal meetings with the chairwoman, and particularly respecting her individual district, just like I tried with each of my colleagues. I don't get involved in some of the stuff that should fall on district commissioners. And I respect when the same thing is done to me. But I City of Miami Page 54 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 want to make sure that I'm going to fully understand this and that this is not going to he something that is going to hurt the City financially with what we have now. I don't know. Some of the information that -- of what I've been told is that with this actually we're going to get less money than the program we have now that they've put money, in the affordable housing fund. But I am going to say this to you. I'm up to my -- above my ears, my head, with all these county developers that, all of a sudden, because of the federal money, they found that the City of Miami was there again, and they're all coming back to see how many millions or more they could get. And it's five million for this, and oh, another two and a half million for that. I even had one that, if it wasn't so pitiful, I would have started laughing, that told me in my office, I think last week or early this week, 1 lose track of time in my age, that he doesn't make any money in any of this. He does it, you know, out of the goodness of his heart. And that's when, maybe a few hours before he was leaving on a 30-day vacation, that you know, he made from the money that he makes from the development, from the goodness of his heart. And I'm not even going to tell you how much he wanted from me to give my blessing to. So while I want to be accommodating, I want to make sure that we understand what we're voting on and what we're doing. And if it's clear, look, and it's something that is not going to hurt what we have now in place, that, you know, will be an even deal for what we have in place now, it's fine. But you know, this whole affordable housing that for the most part is called workforce housing now, it's like the homeless situation. It's become a business. And the ones that are in the losing end of the business are the residents and city government. So, 1 just want to just slow this down just a tiny bit and 1 apologize. 1 know you tried to call me this week to meet, but it's been a very difficult week, a lot of stuff that 1 've had on the plate. So, you know, that's what 1 can say now. 1 got a lot of questions that 1 need to ask from the Administration and so on, that frankly, it doesn 't behoove anybody to start doing it in an open meeting like this. Commissioner Reyes: Madam Chair? Commissioner Diaz de la Portilla: Madam Chair? Chair King: Hold on one second. I believe you were next in your comments. Commissioner Diaz de la Portilla: Yes, you believe correctly. You believe correctly. Chair King: Vice Chair, I had asked that we pass the item on first reading and then allow our colleagues -- Commissioner Reyes: I will second it. Chair King: -- to work through it because a couple have expressed and now you have expressed some concerns. So it would be my preference to have it passed on first reading and then go through the exercise of massaging and addressing all of the concerns. But I want to hear from -- and its whatever the will of the body is. Now -- Commissioner Diaz de la Portilla: There's -- Chair King: -- Commissioner Diaz de la Portilla would like to have a say. Co ahead. Commissioner Diaz de la Portilla: Thank you, Madam Chair. And Commissioner Carollo, before you arrived here, I had expressed the same concerns, and Commissioner Reyes had expressed some concerns. I also have a lot of respect for the district commissioner, obviously, or Chairwoman, and it's her district. Block 55 is a big deal for housing development and affordable housing in your district. It's been going on for years. But the problem is that there's a lot of unintended consequences. Because we try to do something that may be good in a particular area, there could be unintended consequences by passing a brand-new program, which I don't feel City of Miami Page 55 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 comfortable voting on today because I think it has serious ramifications, not only because of the concerns that Commissioner Reyes expressed, but 1 also have my own concerns that I think could be used, could be abused by developers. And 1 agree with Commissioner Carollo. Developers are in this business to make money. And for them to say that they're not here -- that they're here to -- because out of the goodness of their heart or to do good for the community, that's not the case. They could be doing good for the community, but they also want to make money. Otherwise, they would not do it. So, I respect your wishes to pass it on first reading. You did say, Ms. Tapanes, I'm very proud of this language. So, if you're so proud of this language, why are you going to change it between first reading and second reading? Why would you change it? Ms. Tapanes Llahues: To make it better. Commissioner Diaz de la Portilla: Well, you're -- Ms. Tapanes Llahues: To make it better, you may have -- Commissioner Diaz de la Portilla: But you're very proud of hat's here. Ms. Tapanes Llahues: Absolutely. Commissioner Diaz de la Portilla: And you wrote it. Of course, you should be proud of it. But the issue is, 1 am concerned, and so is Commissioner Carollo, and so is Commissioner Reyes. We have concerns about some of the details and the unintended consequences. So, Madam Chair, with all due respect, one meeting is not going to change the world. Can we just defer it and give all of us a sense of comfort that we 're going to get there by the first meeting in July, at least have the conversations? On top of that, it passed last week in PZAB. You called me yesterday. We had this conversation yesterday for the first time on this issue. This is major ramifications for the City of Miami and the most critical issue that the City of Miami is ,facing right now, affordable housing. The most critical issue, correct, Commissioner Russell? It 's the most serious issue that we have right now. And getting a call the day before with such complex legislation is not the way you should be doing it, I think. So, an admonition to you that in the fixture, the moment something is going, talk to all the commissioners and make sure that they understand what the impacts are going to be and present both sides of the issue. We know what the holes are here. We see what the possibilities are for abuse. And no matter what happens, Madam Chair, no disrespect to you -- Chair King: I would never do that. Commissioner Diaz de la Portilla: -- I'm going to vote against it today. I don't feel comfortable voting for this today. I may feel comfortable voting for it in the next meeting. Chair King: I believe that we have a consensus with my colleagues that we can pass it on first reading with -- before second reading coming back, I believe that is the feeling. If I am not reading the room correctly, please correct me. Commissioner Reyes? Commissioner Reyes: Yes, I want to make a couple of comments. It is true, it is true, and I have stated it many, many times, none of those developers, it is the system that we live in. We live in a -- thanks God that we live in a capitalist system, and it's based on business and demand, supply, et cetera, et cetera. And everybody wants to make a living. I know that most of the -- not -- I don't want to say all, because there are always exceptions, that most of the developers that come before us, they come as if City of Miami Page 56 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 they want to help the City or they want to help the poor, and then they want to charge more than what the people can pay. And that's why we brought down, 1 mean, the amount that they can charge. But this concept I like. I mean, 1 see some merit on it. I'm willing to pass it on first reading. And then I want all the answers to be, I mean, all the questions to be answered, particularly mine and everybody else's. And that way, when it comes, a second reading, if I'm not satisfied, I will vote against it. And that's the way it is. But I think that we should give it a try. So, there was a motion made by Commissioner Russell. I'm going to second it. Ms. Tapanes Llahues: Thank you, sir. Chair King: Okay. All in favor? Vice Chair Carollo: Can I make a statement, Chair? Chair King: Please. Vice Chair Carollo: Thank you. Commissioner Diaz de la Portilla 's statements on his reasoning for not wanting to vote on this in the first reading are sound. I'm only going to vote on it on first reading out of respect and the respect that I have for the chairwoman. And that's the only reason. There's no other reason here that I have to vote for this. But having said that, when this comes back before us, and 1 don 't want this, Melissa, to be a slam dunk. I don't care how much the developer in particular is paying your firm. 1 want to have enough time to be able to get all the answers that we need, so this has to come back at the last meeting in July, not the first meeting in July, so that we have sufficient time. Commissioner Reyes: Yeah. Vice Chair Carollo: If I'm not satisfied, or I see that, in my opinion, that it's not better than what we have now, then I will vote against it. Commissioner Reyes: Okay. Vice Chair Carollo: So, I want to be clear. Chair King: I believe the Administration needs to read something into the record. Lakisha Hull (Director, Planning): Madam Chair, for the record, PZAB provided a modification to the underlying text under Section 3.15.6, and the text is stating, in such cases, the City shall permit the owner or successor in interest to transfer a difference between the number of constructed affordable attainable housing. We want to change it to say to be constructed affordable attainable housing, for the record. Chair King: Thank you. So, I will make the motion. The second? Todd B. Hannon (City Clerk): You can second the motion. Commissioner Reyes: I will second. Mr. Hannon: It was moved by Commissioner Russell. Chair King: Yeah, second. It was already -- right. Commissioner Reyes: It's already second. Chair King: We already had a first. You have me as the second. All in favor? City of Miami Page 57 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 The Commission (Collectively): Aye. Commissioner Diaz de la Portilla: No. Chair King: Motion carries, 4-1. Ms. Mendez: As amended, but I want to clarify this is for the second meeting in July. Chair King: Second meeting in July. Ms. Mendez: Thank you so much, Madam Chair. Ms. Tapanes Llahues: Thank you. Chair King: Thank you. Ms. Tapanes Llahues: And I'll make appointments to meet with you all. Thank you very much -- Commissioner Reyes: Okay, thank you. Ms. Tapanes Llahues: -- for the courtesy. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 58 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 NA - NON -AGENDA ITEM(S) NA.1 RESOLUTION 12175 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING City Commission THE CITY MANAGER TO NEGOTIATE AND EXECUTE A COVENANT IN LIEU OF UNITY OF TITLE ("COVENANT") TO UNIFY THE CITY -OWNED PROPERTIES LOCATED AT 444 AND 460 SW 2ND AVENUE WITH THE PRIVATELY -OWNED PROPERTIES LOCATED AT 300 SW 2ND AVENUE AND 230 SW 3RD STREET, MIAMI, FLORIDA 33130 (COLLECTIVELY, "PROPERTIES") IN CONNECTION WITH THE DEVELOPMENT OF THE PROPERTIES BY LANCELOT MIAMI RIVER, LLC ("LANCELOT") PURSUANT AND SUBJECT TO THE AGREEMENT AND LEASE BETWEEN THE CITY OF MIAMI AND LANCELOT DATED NOVEMBER 21, 2019; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH AGREEMENTS, APPLICATIONS, AND OTHER DOCUMENTS NECESSARY TO AUTHORIZE, AS OWNER, THE PROPOSED DEVELOPMENT UPON THE PROPERTIES. ENACTMENT NUMBER: R-22-0236 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number NA.1, please see "Order of the Day." Chair King: Would you like to take up the pocket items now, the remaining pocket items -- Commissioner Reyes: Yes. Chair King: -- 1 and 2? Commissioner Reyes: Absolutely, yes. Chair King: Can I have a motion? Commissioner Reyes: Move it. Commissioner Russell: Second. Chair King: All in --? Arthur Noriega (City Manager): Go ahead. Victoria Mendez (City Attorney): The PHs (Public Hearing)? Mr. Noriega: PHs, we didn't do them. Todd B. Hannon (City Clerk): They're. burTfifths. Ms. Mendez: So we're -- until later. City of Miami Page 59 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Chair King: Right, 1 can't do those just yet. Mr. Noriega: Okay, okay. Chair King: Right. So, Commissioner Russell? Commissioner Russell: Thank you, Madam Chair. On PI.2, I would just like to direct the Administration to make sure we're working for the possibility of potential shared use of the space -- Mr. Noriega: Yeah, we are. Commissioner Russell: -- so that it's not an exclusive -- Mr. Noriega: That's absolutely the intent. Commissioner Russell: Okay, so -- but does the agreement mention exclusivity at this point? Mr. Noriega: No. Ms. Mendez: It cannot be exclusive. Mr. Noriega: Yeah. Ms. Mendez: I hope everybody understands it cannot be exclusive. That would have to be a four -fifths. Mr. Noriega: It's not exclusive, no. Commissioner Russell: Right, but beyond legally, I want logistically for us to work together because I know there are some other folks who are interested in using the space. Mr. Noriega: Yeah. Commissioner Russell: I think there's enough space to share -- Mr. Noriega: Yeah. Commissioner Russell: -- if it works out with everybody. Mr. Noriega: Absolutely. Commissioner Russell: It shouldn't interfere with what they're doing, both the shows, parking, space, et cetera, but if we can accommodate more than one, that 'd be great. Thank you. Chair King: Okay, so I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Pocket items pass, 1 and 2. City of Miami Page 60 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 NA.2 12176 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN ACCESS AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND MML TOURING, LLC, A FOREIGN LIMITED LIABILITY COMPANY, AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA ("USER"), WHEREBY THE CITY GRANTS USER TEMPORARY ACCESS RIGHTS TO USE A PORTION OF THE CITY -OWNED MARINE STADIUM PARKING LOT LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, 33149, FOLIO NUMBER 01-4217-000-0110 ("PROPERTY"), FOR THE PURPOSE OF THE MAGIC MIKE LIVE NORTH AMERICAN TOUR EVENT ("EVENT") IN ACCORDANCE WITH REQUIREMENTS SET FORTH IN SECTION 53-53 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH ADDITIONAL TERMS AND CONDITIONS AS SET FORTH IN THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-22-0237 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number NA.2, please see "Order of the Day" and Item Number NA.1. City of Miami Page 61 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 NA.3 12177 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. R-22-0110 ADOPTED BY THE MIAMI CITY COMMISSION ON MARCH 10, 2022 CO -DESIGNATING SOUTHWEST 2ND STREET FROM SOUTHWEST 27TH AVENUE TO SOUTHWEST 30TH AVENUE, MIAMI, FLORIDA AS "EDDY CALDERON STREET" PURSUANT TO SECTION 54-137 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") AND REPLACING IN LIEU THEREOF WITH A RESOLUTION OF THE MIAMI CITY COMMISSION DESIGNATING SOUTHWEST 29TH AVENUE FROM WEST FLAGLER STREET TO SOUTHWEST 4TH STREET, MIAMI, FLORIDA AS "EDDY CALDERON STREET" PURSUANT TO SECTION 54-137 OF THE CITY CODE; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. ENACTMENT NUMBER: R-22-0238 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Russell, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number NA.3, please see "Order of the Day" and Item Number RE.1. NA.4 RESOLUTION 12190 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER, OR HIS/HER DESIGNEE, TO SUBMIT City Commission WEEKLY REPORTS, UNDER OATH AND PENALTY OF PERJURY, TO THE MEMBERS OF THE CITY COMMISSION EVERY MONDAY BY 5:00 P.M. REPORTING 1) THE STREETS AND AVENUES THAT STREET SWEEPERS HAVE SWEPT, AND 2) THE STORMWATER DRAINS THAT HAVE BEEN PUMPED AND/OR CLEANED IN THE PREVIOUS WEEK IN EACH CITY COMMISSION DISTRICT. ENACTMENT NUMBER: R-22-0239 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Vice Chair Carollo: The -- you've all made a jairly good presentation, and I appreciate that. But at the same time, there's one area that I want to make sure that it's being done, and we're being given up-to-date information. What I'm trying to do is start to create accountability in our city that somehow it's been lost. And accountability where we just don't pass ordinances, resolutions, and then the Administration doesn't make sure that they're being implemented. And then we run into problems. So on this here, there are two areas that I want to make a resolution City of Miami Page 62 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 on. One, that on a weekly basis, by 5 p.m. on Mondays, every Monday, you go into what you finish on Saturday, which Sunday is actually, the first day of the week, that's why I'm doing it this way, but it also works out for the Monday. And we 're getting a weekly report on two areas. One, the streets and avenues on that week that street sweepers have gone through in each of our districts, and it should be broken down by district. Two, I want the same report on how many of the areas that we have in each of our districts and the drainage, how many of the drainage areas have been pumped. I want to get an accounting, because at the end, when the public starts complaining and the media is calling, they're not calling you guys, they're calling each of us in our districts. So, I want a weekly report by 5 p.m. each Monday, what streets have been swept by the sweepers, and then what drains have been pumped in that week. And Mr. Manager, if you could hear, I want the person responsible for these two areas, which 1 guess in this case might be them two, but after they hear what 1 want, they may want to assign it to someone else. I want it under oath with a penalty, of perjury,. And I will make a resolution towards that. If we have to come back with an ordinance, we will, but I would hope that a resolution would be sufficient. This way, if we find out that there hasn't been accountability, then we could maybe have a hearing of this commission and take action from our side, because the city cannot be run with the lack of accountability that I see that it's being run with. And this is not anything against you two gentlemen personally. I think you 've given a fine presentation. This is to hold everyone accountable, and for each of us, that at the end are the ones that the responsibility falls on each of us in our district, have the information that we need to keep on top of what is being done in each of our districts. And I understand well that you get so much rain, 10, 11 inches, even if it's not that, but you have one of those rainy seasons that, unfortunately, we started to have that you get rain, rain, rain for months. And even if you get a 5 or 6 inch, 7 inch, the ground is so soggy that it can't take any more rain, so it becomes like if you had a 12-incher when you haven't because the ground ain't being able to take any more water because it's had so much. So, I understand all that, but each of us needs to have information so that we can show to the public if something like this happens again, and we can show to the media. And -- Commissioner Reyes: Madam Chair? I would ask the -- both of you guys and the Administration, how much additional manpower you need for those reports. And if weekly, and if you consider that, it is too stressing, because I agree with Commissioner Carollo on the report. We need to know what's being done. It could be biweekly. But I have also another request, and that request, it is for garbage cans. Garbage cans. We have a lot of areas that our residents, they are the ones that they -- I mean, everything that they have in their hands, whatever they don't want, they just throw it on the street. Well, we need to have an education process. We need to have signs that say, don't litter. Five hundred dollars, like it used to be before. You see, if you litter, you pay. And have cans accessible where they can deposit whatever they have, a bottle of water or whatever, they can deposit it in the garbage garbage cans. I don't see why next to every single bus stop we don't have a garbage can. And then we have a system of picking them up and having them -- I mean, and keeping them empty -- I mean, emptying them out, you see? It is very important because if we don't provide our residents with the ability of dispose of the trash in a garbage can, they're going to throw it on the floor, on the street, you see? And I know you have that problem in your district, Commissioner. I have it in my district. You have it in the district. We have it in all the districts. So let's start an educational program, but at the same time provide there with the ability to dispose of the garbage in the proper place. Mr. Sanders: Yes, Commissioner. And we -- it's funny that we've been working on this upcoming budget year that we're going to be adding additional trash receptacles out in each one of the districts. As a matter of fact, I think I've been working with your chief of staff on counting certain areas that need additional trash receptacles and we're going through each one of the districts, finding out what they need so that when City of Miami Page 63 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 the new budget comes through, we have the right amount of trash receptacles to put out within each one of those districts. And also, I heard you loud and clear, we'll work on doing the educational part as far as making sure that we educate people, put different information on there, working with the County to put stuff on the bus benches about the, you know, if you litter, you know, there will be a citation. I'll check -- have staff check with -- to see about the ordinance and stuff if we -- you know, so we can enforce these rules and stuff So I hear you. Yes, we are addressing additional trash receptacles and we will get with each one of your chief of staffs and move forward to find out the areas that you need trash receptacles to be put in. Chair King: Does that conclude your report? Vice Chair Carollo: Yes, 1'd like to make a motion that we request of both of these departments to give us a weekly report due by 5 p.m. each Monday as to what areas divided by district they send the street sweepers to clean and what drainages have been cleaned in each district on a weekly basis. And that report, whoever is assigned and it should be a senior person, if not the department director himself should be under oath. That we know that under the penalty of perjury, what we're given are the facts. Commissioner Russell: I second the motion. Vice Chair Carollo: Thank you. Chair King: All in favor? The Commission (Collectively): Aye. Commissioner Russell: Need a public comment. Chair King: Is there anyone here for public comment on this particular item? Seeing none, the item passes. Vice Chair Carollo: Again, both directors, thank you. You've done a fine report. Very educating. I would like to ask you one more thing through the Manager. The two pumps you're replacing, the smaller ones, if the replacing pumps are still usable, keep them around instead of donating them somewhere until we catch up on what we need because -- Commissioner Reyes: (INAUDIBLE). Mr. Santana: We're now replacing -- Vice Chair Carollo: Yeah, we might need it more than who we're going to give it to. Commissioner Reyes: That's right. Mr. Santana: So I think that the presentation, we're only adding pumps. There are two Vactors -- Vice Chair Carollo: Yeah. Mr. Santana: -- that are coming in later this year. There are two that are slated to be replaced. They've -- they will be -- Vice Chair Carollo: I understand, but what are we going to do with those? I mean, they're still workable, right? They're just not that new. City of Miami Page 64 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Mr. Santana: They are -- they spend more time in getting repaired and serviced than they do out in the field. Vice Chair Carollo: Okay, well, again, until we catch up, just keep them around in case. Mr. Santana: Understood. Vice Chair Carollo: Another one of these would come not 15 years from now or 10 but you know in this season. Mr. Santana: Yeah we're just getting started. 1 understand. Vice Chair Carollo: Thankyou. Mr. Santana: Thank you, Commissioner. Vice Chair Carollo: Thank you all very much. Mr. Santana: Thankyou, everyone. Commissioner Reyes: Thank you, guys. Chair King: I see -- Joe Simmons, Jr.: Good after -- good morning. Chair King: Good morning, still. How are you? Mr. Simmons: Good morning, Madam Chair. Great. Still above the ground, walking and talking. Chair King: That's always a good thing. Mr. Simmons: Yes, it is. Joe Simmons, Jr., for the record, President of AFSCME (American Federation of State, County and Municipal Employees) Local 871, City of Miami Solid Waste workers. For the benefit of the committee here, we need assistance in expediting the hiring process and also the GSA (General Services Administration) repair process. We're running into problems daily internally with staffing and also with hiring because currently we are -- every single day we have staffing shortages. And what happens, we have to pull from one area in order to supplement another, which means the area that we pull from gets lacking. So we're asking, through the Manager's Office, some support in expediting the hiring process. I understand Police and Fire have priority because of grant deadlines and things like that, but we need your support behind the scenes through the Manager's Office to try to expedite that so we can have the resources we need so we can provide the service timely. You talked about litter container servicing, very important in the City of Miami. Commissioner Reyes: Yes. Mr. Simmons: This is the gateway and we have to have the best presentation, but we need your support behind the scenes through communication of the Manager's Office to make sure we have what we need. Commissioner Reyes: Madam Chair? City of Miami Page 65 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Commissioner Russell: And we don't need behind the scenes. If we're here in front of the scenes, perhaps a resolution directing the Manager to prioritize this hiring process. Commissioner Reyes: Yes, and also I want to ask a simple question. Do we have a problem with absenteeism? Are they still using COVID as an excuse to be late and --? Because sometimes I have asked, I have called -- this area was not touched by the -- I mean, the garbage was not picked. And I heard we are missing a couple of drivers. We are missing -- there's always some employees missing on it. Every time that an area is not covered as it should be. Mr. Simmons: Right. There is -- under the union contract, Article 17, there is absentee title -- absenteeism and tardiness, I believe. And there are tools there to address that. There is a call -in line J r us to report daily if someone is going to be out due to reasons beyond their control. And there are exceptions made. There are normal processes, there are exceptions to be made. If an employee is not going to come to work, he or she has a choice, call a direct supervisor or call the call -in line. We always suggest call the call -in line because that is a fail-safe just in case information gets lost in the airwaves. But we do have a staffing issue, and for quite some time we 've -- Vice Chair Carollo: Why do we have it there, Joe? Mr. Simmons: Well, mainly because of the City process. There was one time the City, Mr. Wade came aboard, they had advertised for temporary workers. And what happens, we had to send a letter of demand for impact bargaining because now that's going to affect our future viability as an organization of having certain rights associated with city employment. And so the City decided at that time that they're not going to proceed with hiring temporary workers because temporary workers don 't give us stability and reliability now and in the future. And we need to have that. The City of Miami is a very demanding place and we're happy to answer the call of the demands of the residents, but we need you guys' support in expediting certain things. For example, it takes roughly about 90 days to hire one person. Police and Fire is longer, but we need to kind of expedite this. If there is a hiring patch for a police officer to be hired, our interviews are going to get pushed back. Commissioner Reyes: Madam Chair? Vice Chair Carollo: But you're not answering my question fully. Why are we having a shortage now? Commissioner Reyes: Yes, is that a problem with Human Resources, the procedure? Vice Chair Carollo: Are people calling in sick? Mr. Simmons: No, it's -- Vice Chair Carollo: They're not showing up to work? Mr. Simmons: -- schedule -- Vice Chair Carollo: What is it? Mr. Simmons: It is -- what happens is Miami is a demanding place. Our workforce is aging, and what happens is the people that come to our -- to get these jobs, are not necessarily young people. It's usually older people, 40 plus. Those are our statistics. City of Miami Page 66 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 And what happens is people have medical conditions, people get injured, people get sick. So, someone calls out, which means that now we are short-staffed most days. Chair King: Are your wages competitive? Mr. Simmons: The wages? We're not complaining about wages. Commissioner Reyes: No, no, wages -- Chair King: I mean, are they competitive to hire new people? Mr. Simmons: 1 think they are decent, but you know, that is a negotiation process that we discussed that through negotiations, which we finished a few months ago. It 's win - win, you know, it's give and take in the process, as you know, but no matter what you pay, it's never going to be enough. So -- but we're happy with what we did get. There's going to be somebody you're not going to be able to satisfy. That's just the nature of the beast. But that process has to be done through negotiation, and we just respect that. Vice Chair Carollo: Well, taking that into account, we won't go and make a resolution to lower your wages. Wade Sanders: Commissioners, again, Wade Sanders, Director of Solid Waste. To answer your question about the issue of attendance within the department and is COV1D a part of the problem. The COVID issue is behind us. Yes, we do have individuals that have got COVID, and we have them out for the period of time that they need, the 10 to 14 days they be out and they come back. But the issue of attendance from an administrative perspective, we're handling that. Something that we haven't, something that I would say that probably wasn't done in the past, but we're handling the issue with individuals and their attendance, what I call abuse of abusing their attendance. We're handling those issues and going through HR (Human Resources) in order to make sure that when we get ready to discipline someone or to address that issue of abuse, we're doing it the legal way in order to do it. But yes, we are addressing that from an administrative perspective within the department. Vice Chair Carollo: Okay. Commissioner Russell: All right. I think direction of the Manager would be sufficient to prioritize hiring. I don't think we need a motion or a resolution but -- Vice Chair Carollo: Yeah. I think the Manager's heard us. Commissioner Russell: Thank you. Vice Chair Carollo: Thank you. Mr. Sanders: All right. You're welcome. Chair King: Thank you, guys. City of Miami Page 67 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 NA.5 RESOLUTION 12191 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO CONDUCT WEEKLY REPORTING OF Office of the City THE ENHANCED RECURRING CLEANINGS OF THE HOT SPOT Clerk HOMELESS ENCAMPMENT LOCATIONS PUSURANT TO RESOLUTION R-21-0372 ADOPTED ON SEPTEMBER 13, 2021; FURTHER REQUIRING SAID WEEKLY REPORTING TO BE EXECUTED AS A SWORN STATEMENT BY THE DECLARANT UNDER PENALTY OF PERJURY. ENACTMENT NUMBER: R-22-0240 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Ken Russell, Commissioner AYES: King, Carollo, Russell, Reyes ABSENT: Diaz de la Portilla Vice Chair Carollo: And if this commission passes an ordinance and it hasn 't been enforced, then what are we doing here? I mean, we're passing an ordinance so that people can have it go in one ear and out the other. So I want to do the same thing I previously did. I want to pass a resolution that we're instructing the Administration that we want a once a week report, Monday by 5 p.m., that would be up to Saturday. It's the closing day for that week, where we are told what area -- and broken down by district -- there have been cleaning three times a week, like our ordinance states, and for someone to sign that under oath, under under the penalty of perjury so that we know for a fact that it's being done. If it's not being done, we can bring it up here in each of our districts and find out why it's not being done, why an ordinance that we passed are not being adhered to. Commissioner Russell: I'll second it. Chair King: I have a motion and a second. All in favor? Todd B. Hannon (City Clerk): Public comment. Chair King: Is anyone here would like to have -- speak on this item? Seeing none, public comment period is closed. I just want to say one thing. To request that staff under the penalty of perjury is fairly extreme. However, staff should not be untruthful. So I'm supporting the additional step of under the penalty of perjury because staff should not be untruthful. As the newest member of this body, I believe my Vice Chair has a reason to add that additional requirement. But in my years of being an employee with a municipality, Miami -Dade County, everything that I said was the truth. So I'm going to follow his lead and agree with that because that's absolutely what should be happening and we should not have to ask for that additional certainty. So just be careful. Be careful. Vice Chair Carollo: Yeah, I've heard you loud and clear, Chairwoman, and it's something that we thought long before presenting this, because it is very strong. But when this body has passed ordinance months and months ago. And it 's like we never passed them. And then when I'm asking, I'm not being told the truth. Oh yeah, we cleaned it, we cleaned it. They didn't clean it. There has to be some accountability. And I'm going to keep saying this, repeating this. Our city lacks tremendous accountability in our employee workforce. We have some excellent employees, but we have some that have gotten used to a culture of wanting to do whatever they please, BS the elected officials and others, and they figure, hey, these guys will be out in four City of Miami Page 68 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 years or eight years, and we're still going to be here playing the game. And something like this, it's serious, because I'll give you an example. And the chief knows this, Maurice Ferre Park. 1 went there last week. My sergeant of arms is here. He's a witness to it. There's others that were with me that were witness to it ,from the downtown area. We counted 81 homeless. And we only got out of the vehicle twice. I know that there are some others that we missed, so there could have been 100 or more. Nothing has been done there either. Commissioner Reyes: And there is an ordinance, we passed it. Vice Chair Carollo: Well, yeah, but the -- Commissioner Reyes: You have to be -- Vice Chair Carollo: And nothing is being done there either. Under 7th Street, between 3rd and 4th Avenue in my area, it 's just last week after I was told, oh, but it 's clean, it's clean. This is the second time in a row, in a short time, that we were told that. So I had to send the pictures immediately, say, oh yeah, it's clean, here are the pictures. And then finally, there was a cleaning done. But as you all know, that if you don't keep the cleaning up -- that's why we said three times a week -- the urine, the other areas that become a health hazard, starts growing. And I don't understand why, for instance, in that street that's the most visible one, it gets done, but then we've got (UNINTELLIGIBLE) streets next to it, and nobody wants to go there. 1 even have one city employee, and I won't describe what department they came from, just because one of my employees, unbeknownst to me, but they're doing their work, one of my employees from my district was inside his city vehicle, just waiting to see when it was going to be done. This employee went up to him, you're supervising me? You don't need to supervise me. And this is a young person that's not supervising anybody or not a supervisory type of individual. But when you get employees that get to that level, we have a problem. And I will tell you both, gentlemen, and the Manager, I have done travel in my life more than anybody here. And I've been traveling like few people ever have. And I've seen governments, how they operate in the most modern countries and the most backward countries. And the way we're going, it's not a pretty sight. We have to bring pride back into the city, not just in some of our employees, but in all of our employees. And if employees don't have pride in their city and their job, they don't have compassion for the job they're doing, you know what? They don't need to be working for us. And maybe the problems are, like I'm being told by many, is that past commissions, including this one, maybe have been too generous in protections. So maybe we need to start changing this, and I hope the union leaders are hearing. But the bottom line is that people think that they don 't have to work anymore. They can do what they please. They have no accountability because I can't be fired. And that has to be changed. And this is why I'm asking to implement things like this. I mean, my God. This body put an ordinance, it was a serious ordinance for a major reason. And then months and months have passed and it hasn't been enforced. Where s the accountability? Commissioner Reyes: Commissioner, if may, Madam Chair? I'm going to go beyond what you're saving. There's no accountability. And you know why there's no accountability? Because there's no consequences. Vice Chair Carollo: Absolutely. Commissioner Reyes: There's no consequences. Vice Chair Carollo: Absolutely. City of Miami Page 69 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Commissioner Reyes: 1 can laugh at your face and I can tell my supervisor, I'm not going to do this. And when the supervisor gets too hard, there is a complaint. It's brought before the board, and the supervisor is the one that is fired because that happened a few months back. You see, an employee that was working once in my once when I first got elected was laying tiles in the kitchen area. And that employee laid only eight tiles in an eight -hour shift, you see? And when I walked in and I saw it and I counted and I called the union president that was happened to be there, and I said, don 't ask me for any more benefits or salary increases jor people like this. But you know what happened? That employee is still here and the supervisor is gone. There's no consequences. And who was to blame? Us. Us. You are absolutely right. We've been too generous. Vice Chair Carollo: Well, on that issue, I think that was your fault. And I'm sorry, don't get upset at me. But you didn't put him up to get a proclamation, bring him up here, pat him on the shoulder, pat him on the head. You know, everybody clapped for him and praised him. And if you would have done that, he would have laid double the tiles each day, 16 instead of 8. That's your fault. And look what Commissioner Reves said is absolutely correct. He used the second word that 1 don 't even want to use it now, but I've used it outside of the dais. There's no accountability, there's no consequence for anything. And this has got to stop in the city. People have to have compassion for their job. They need to have pride in what they 're doing. And we've lost that. I see some of our employees, and they're just here to collect a paycheck. And that can't be anymore. Our residents expect more, they deserve more. Yes, we have some fine employees, and this is not for everyone -- Commissioner Reyes: We do. Vice Chair Carollo: -- but we have some that are not so fine. And I'm sorry if I'm hurting anybody's feelings. If someone wants to call me -- it won't be the first time -- one of those nasty names, that's fine. Just keep my mother out of it, please. That's all 1 ask. But you know, Chief you've been here now for enough months. We need help. Because my problem has been, I speak to all you guys that are involved in the homeless stuff and everybody throws the blame to one group to the other. Nobody wants to grab, you know, the situation and do something about it. And our residents are screaming all over the place. And who 's getting it? We're getting it. And we can't do anything except what we do up here, legislate. I guarantee you that if I had the powers you have, the Manager has, in a very, short time I'd resolve the situation, no matter what you guys want to tell me. But, you know, I don't have that power. So I have to take the baby steps that we take up here. Commissioner Reves: Yeah. Vice Chair Carollo: But after we passed some very, strong legislation, and it's been just laughed at, and no one's doing anything about it. You do a cleaning, throw a little bit of water, whenever you please. You know? I paean, do you guys take a shower every day or at least every other day? I'm assuming you would. Chair King: Don't answer that. Mr. Sanders: I will not. Vice Chair Carollo: There might be some -- Chair King: (UNINTELLIGIBLE). Vice Chair Carollo: -- there might be some that are doing it once a week, okay? City of Miami Page 70 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Mr. Sanders: 1 know he's not addressing -- you're not addressing me, but I'm okay with it. But this is homeless that you're talking about, right, Commissioner? Vice Chair Carollo: You're not going to sweep areas for months and months and months? Mr. Sanders: So this is the homeless -- Vice Chair Carollo: You 're going to clean them -- Mr. Sanders: -- cleanup you're talking about. Chair King: It's a combination of -- Vice Chair Carollo: Madam City Attorney, we passed an ordinance. Can you make copies and send them to all of them? That we were supposed to have cleaning three times a week. Victoria Mendel (City Attorney): I will follow up. Mr. Sanders: Okay. Chair King: So we have a motion and a second. Commissioner Russell: I'm sorry, this is a motion and a second on the reporting on the cleaning? Chair King: Yes. Commissioner Reyes: That's on the reporting. Chair King: The reporting under -- Vice Chair Carollo: The Manager can choose who he wants to sign it under oath. Commissioner Russell: Okay. Commissioner, I'm very supportive of this because I want the accountability that you're looking for. But this also goes back to the other ordinance regarding homeless. And as homeless get pushed throughout our city, the path of least resistance takes them to our parks, right? And that's another -- a separate ordinance that you all took up that I was against. So I'm supportive of the ordinance with regard to the cleaning and the schedule of the cleaning, but I really, really want us to work together on the end solutions that get people off the street and into shelter -- Commissioner Reyes: Absolutely. Commissioner Russell: -- because we are lacking capacity in shelter because the shelter has lacking of capacity for permanent supportive housing on the other end. And so I'm very supportive of you in this, but we've got to work on that permanent supportive housing. Vice Chair Carollo: And the other one -- the only other way, and I don't know why we're so short on shelters, because we're spending millions being compassionate. But the only other solution, and we've been working at it, is that we've got to build the tiny homes. I think the Manager has agreed on a final location where we have places that we can bring people to that are compassionate locations. We can bring in treatments there and more. But the problem is, Ken, that, and you could, you know, do City of Miami Page 71 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 it yourself what 1 did. You have a very large population of homeless that don't want to leave the streets no matter what, because that's where they could buy and use drugs. And that's basically the biggest problem that we have. And you know, what I'm telling you, you can speak to many of our people, and they'll tell you the same thing. And I'm going to tell you this, it's going to get worse. In our last year, unbeknownst to most of us, we had over 100,000 deaths in our country, either directly or indirectly, with drugs coming through our border, particularly one drug that's dropping us people like flies, fentanyl. Now, rightly so, we're outraged when 13, 20, 5, 1 child is killed in schools. But we had thousands of young people killed last year because our country is being invaded by a war that is coming from China, communist China. Yes, they're communist. And they're sending that fentanyl to destroy our country through Mexico, the cartels, and that's coming right through the border. That's coming right through the border. And part of the reason that they want hundreds of thousands of people coming through that border, so that makes it easier for them, so they can bring it in other areas that we're not concentrating on because it's not where the human aspect of it is coming through. And this fentanyl, I mean, just one does should be enough to kill you. In fact, a bottle like this of water, fentanyl, is enough to kill 15,000 Americans. That's how bad it is. And this is why you go out on the street and you see some of the so-called homeless that we have, they're burnt. I mean, they're gone. Yesterday at Bayfront Park, thank God I was there, we arrested one that was in the film that, remember that clip that I did? He was there in that clip, even in worse condition, the clip that we saw him yesterday. And what was he doing? Well, you had a father with two teenage kids, very pretty daughter, and his son. He saw the girl, he flipped out, he went at her. Her brother, a young kid, maybe 14, you know, went to see his sister to see if he needed to help her. And this guy, you know, went at him like a pit bull until the father came in, and then he stepped back. He had stolen from the vendor that sells hot dogs there, two soft drinks. Demanded that somebody that was buying the hot dogs there, would buy him one. And when the police went to see him, he (UNINTELLIGIBLE) the bag that he had where there was a nice pretty knife inside. He got off that scene yesterday, but I'm sure by today he's probably out on the street already. Commissioner Reyes: In the same place. Vice Chair Carollo: Well, I don 't know if he'll come to the same place or not, but if he comes to the same place, he's going to get tired before we do, as long as you have officers there. Commissioner Reyes: Yeah. Vice Chair Carollo: And this is all over our city. so, the only thing that we're going to be able to do is put these tiny homes, so that's the last line of being compassionate. All these groups that we've given millions to, the 5 million the Mayor recently asked to be given for healthcare, for drug care, et cetera, let them come there, put trailers in so we could try to help those that, you know, want to be helped. But I don't think it's going to be a large group -- Commissioner Russell: Right. Vice Chair Carollo: -- because of the drug factor. This is not your same homeless that Tye remember during the last Great Depression. It's a different type of homeless. Commissioner Russell: Vice Chair, could you call the question? Commissioner Reyes: Can I --? Commissioner Russell: He's the chair. City of Miami Page 72 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Commissioner Reyes: Mr. Chair, can I ask a couple of questions? Vice Chair Carollo: Yeah. Commissioner Reyes: I see David. David, and I'm going to keep on going on this homeless issue. I was shown, and I think that all of us were shown a couple of renderings of different type of shelters that are going to be built. What's the status of it? What is it taking so long? You know, I'm going to be like, just, what's the status of it? Vice Chair Carollo: Can I answer that before they speak to you? Commissioner Reyes: Yes. Vice Chair Carollo: Here's the problem. I think they've gotten one with a price that I'd like. But the way prices have gone up, I don't think their price is reasonable. Plus, they can't build them quickly. So we're going to have someone who's going to build some, a few, but they're probably going to change the price on us or we're going to see if they can build them. Commissioner Reyes: Well, (UNINTELLIGIBLE) -- Vice Chair Carollo: 1 think in order for us to move quickly, we're going to have to pay maybe a price that 1 never thought we would have to do, but it 's cheaper than other cities are paying. Maybe 8, 7, $10,000 -- Commissioner Reyes: Each? Vice Chair Carollo: -- per shelter, yes. But they could be built like this. If you need 50, you'll get 50 in two, three, four weeks. Whatever you need. But it's not going to do us any good if supposedly, we're going to get a cheaper price, which the problem is the materials. Commissioner Reyes: Yes. Vice Chair Carollo: And then the labor. But it's going to take you a year to get 30, 40, or 50 built. Commissioner Reyes: I do understand, but we have to start, and I agree with you, this is not going to solve the problem, because many people don't realize they look at the homeless problem as an economic problem. And that is not so, that we have different types of homeless. We have homeless that they want to be homeless. We have people that they are -- they have psychological problems and they're on the street just after the Supreme Court, I mean, decision that you cannot have anybody instituted against their will unless they want to be instituted and they be on the street. And we have the addicted ones, the ones that are addicted. And I -- what I foresee, and to your point, Commissioner, is that when we build those shelters, we are going to be sheltering those, because those are the only ones that want to be sheltered are the ones that have an economic problem and then they are trying to go back into society and get trained. But the guy that -- the people that they are addicted or most of the -- that have psychological problems or the ones that want to be homeless, we're going to keep on having that problem. Vice Chair Carollo: Well, I think they're going to get tired before we do. Commissioner Reyes: I hope so. City of Miami Page 73 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 Vice Chair Carollo: But here's the other factor in what you're saying. Fentanyl brings a lot of these people into being schizophrenic, being bipolar, and scores of other mental diseases and issues. That's what it does too. That's why you have -- you know, I call it, you know, how I see it. People out there that are burned out because of what thatfentanyl did to them. Mr. Sanders: Absolutely. Vice Chair Carollo: And you know, they're schizophrenic, they're bipolar, they're -- have a dozen other problems that, and mental issues that they get. So that's the -- what it does to these individuals. But at least it puts us in a place that then we could do something -- Commissioner Reyes: Yes, we can. Vice Chair Carollo: -- by doing this. Now, the other issue that we have is that we've been so welcoming in Miami that I'm finding, at least the ones that I speak to, I don 't know, maybe it's me, that the vast majority of the homeless people out there that I run into, they're not from Miami, they're from somewhere else. I got a -- in the sculpture gardens next to the museums, a couple from New Jersey. I mean, I got -- tell me the area that you liked the most, and we probably have them there from there. So, we're getting problems that are coming from other areas of the country. Commissioner Reyes: And other cities. Chair King: Right. Vice Chair Carollo: And look, what we're talking about is being as compassionate as we can. What's more compassionate than bringing people to a tiny home that they're the only ones that are going to be there, unlike a shelter that some claim that it's because they don't like it because of this or that, where they're going to be sheltered from the elements at night in a safe environment than being thrown out in the elements in an unsafe environment. But at the same time, a lot of the people out there, they're carrying knives to protect themselves against others that are homeless. And it's a problem for the rest of our community. It's a real problem. So -- Commissioner Reyes: I think -- I hope that when we get those shelters done, we provide also the support for those that want to be there, be it they be addicted or have psychological problems, or try to provide the support that they need. Vice Chair Carollo: That's the idea. And hopefully the $5 million the Mayor gave from his budget a few months ago, they haven't spent it all. We can still use some for that. But before we vote, Mr. Manager, you again have to decide who 's going to be signing this weekly reports for us under oath. We need to open it up to see if anybody from the public would like to speak. Chair King: Is there anyone here from the public that would like to speak on this item? (COMMENTS MADE OFF THE RECORD) Chair King: Please. Luimar Zibetti Garza: Luimar Zibetti Garza, homeless at Peacock Park, not hapless. I would ask, as one has already committed, that all of you come to Peacock Park and speak to some of us. I am well aware of those who are addicted, but I have gone City of Miami Page 74 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 through this for four years and this has been what I have classified as Tier 1, Tier 2, Tier 3, and Tier 4 type of homelessness. And I am in the Tier 1, and I want to bring people from Tier 2 up to Tier 1. 1 have many suggestions as a homeless, articulate individual, elderly, et cetera, yada, yada, that we should be able to speak, not have the officers who come in at 5:30 in the morning shining flashlights, et cetera. We can make a huge difference. And I'm letting all of you know for the next two months that we are here for a purpose because it's going to go downhill. Everything that's happening right now, all of you are feeling it across the nation, something is off. And it's about to change big time. And the homeless, who we qual fv under Matthew 5:5, which is, the meek shall inherit the earth. And we cannot be more in the gutter than we are right now. So notwithstanding that, I invite all of you, any of you, to come. And to top it off if you really want to know what's going on in the world without the 100 percent propaganda, x22report.com. Do yourselves a favor, wake up. But the homeless are here and we are the new CIA (Compassion In Action). We are the new Compassion in Action. Thank you. Chair King: Thank you. Vice Chair Carollo: Ma 'am, can we offer you any assistance to a shelter, any educational help that you need? Ms. Zibetti Garza: You were a City Manager in Doral -- Vice Chair Carollo: That's correct. Ms. Zibetti Garza: -- and 1 was in Doral, and everything that I did in Doral was along these lines. I got the Jamie Locone as a police officer liaison for homelessness, et cetera. But because I would not wear a mask for an interview with a psychologist, I was kicked off the list. I am not a person to wear a mask, as has been made evident that it was an absolutely asinine venture we went through. But that being the case, they have offered, I have a mission to not just offer people housing and enclose them in four walls. There's an entirely new mindset that you get when you are homeless. If you're on the Tier 1. Tier 4, you have all the millions of dollars to deal with that. But Tier 1 are people that can come here and make a difference and listen to you and get living history classes to understand exactly what's going on. And the only person so far, Mr. Russell, has offered to come out. He sent out his assistant, not a problem. But we have major problems with certain police officers who are battling against that because I have film and I'm going to air dirty laundry about how the parks are being used for nefarious purposes. Chair King: Thank you. Vice Chair Carollo: But again, you haven't answered my direct question. Ms. Zibetti Garza: No, and if you offer housing -- Vice Chair Carollo: In any way, would you like to leave the streets and be able to get back into not being homeless? Ms. Zibetti Garza: Oh, yes, I can do that, but right now my mission, my calling is to help others. Vice Chair Carollo: Okay, so -- Ms. Zibetti Garza: It is in the service of others that you help the community. City of Miami Page 75 Printed on 06/05/2024 City Commission Meeting Minutes June 23, 2022 ADJOURNMENT Vice Chair Carollo: What you're telling me is that the only way that you think you can help others is by being homeless. Ms. Zibetti Garza: I don't consider it really homeless. I consider it part of my journey to be in the thick of things. Vice Chair Carollo: Oh, okay. Commissioner Reyes: Okay. Ms. Zibetti Garza: You consider it completely homeless, and 1 will eventually move on to a four walls. But right now, I am on a journey to try to figure out what you're not understanding as to what's happening there. Vice Chair Carollo: Okay, well, we're in a journey to try to help everyone. So I'm sure we '11 cross the roads in that journey. Ms. Zibetti Garza: We'll work on it, yeah. Month by month. You have a lot of other issues that have taken months, and we 're just one of them. Chair King: Thank you. Is there anyone else here for public comment? Come on. James Torres: Good afternoon, Commissioners, Chairwoman, thank you. James Torres with the DNA (Downtown Neighbors Alliance). And 1 was the gentleman that went with Commissioner Carollo the other evening and we counted 81 homeless just at MAF (Maurice A. Ferre) Park. It's a huge problem. We actually stopped and asked questions if they wanted to leave and wanted help, et cetera, et cetera, et cetera. They didn't. The couple of New Jersey that we're speaking of it's kind of interesting because I sent the information to David's office, the lawsuit that's pending in New Jersey because of the homeless situation that they're in. Where I feel there is a problem is there's a disconnect between departments and certain areas in our city that needs to be addressed. Many times over, the DNA has asked for a meeting to try to connect the dots, and David, you 're aware of that and I know we're going to have one corning up on Friday as it relates to Maurice Ferre Park and the Park West area of downtown. They have actually offered to pay the city and/or the trust for implementation of some changes. And that's the thing that we're kind of looking at it. So 1 kindly ask that we start connecting the dot. It doesn't matter who wants to take credit for this issue, it's not going away. But with your help, we can start making a difference in a positive way. If it's the DDA (Downtown Development Authority), I know your area is there, and I know what's going to happen. It gets pushed from one area, it goes to the other, and we need to start connecting these dots for all the districts. Thank you. Chair King: Thank you. Thank you. Anyone else? Seeing none, the public comment is closed. All in favor? The Commission (Collectively).: Aye. Chair King: Motion carries unanimously. And at this point, the commission meeting is now adjourned. Thank you. The meeting adjourned at 12:05 p.m. City of Miami Page 76 Printed on 06/05/2024