Loading...
HomeMy WebLinkAboutCC 2023-01-26 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, January 26, 2023 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 Commissioner, District Two Manolo Reyes, Commissioner, District Four Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes January 26, 2023 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Vice Chair Carollo, Commissioner Diaz de la Portilla, and Commissioner Reyes On the 26th day of January 2023, 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 10:06 a.m., recessed at 12:01 p.m., reconvened at 3:51 p.m., and adjourned at 6:47p.m. Note for the Record: Commissioner Diaz de la Portilla entered the Commission chambers at 10:22 a.m. ALSO PRESENT: Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk ORDER OF THE DAY Chair King: Good morning, everyone. Welcome to the City of Miami Commission meeting for January 2026 [sic]. I now have a quorum with my colleagues. We are going to open the meeting with prayer, and I'm going to ask Pastor Garth Dottin from Tabernacle Adventist Church, as well as we have a surprise person that will also join us for prayer. Commissioner Manolo. Commissioner Reyes: You see, it's not a -- good morning. And first of all, I want to tell everybody I have not become an artist or anything. I'm wearing shades because I had a procedure in my eye and the lighting is -- it bothers me. But I am not a rapper, okay. So, I wish I were, but I cannot. And it is not every time that we have the coincidence that we have two very well-known pastors, men of the church, that -- in the building. And one of them is going to be honored, and I took the liberty of asking -- I'm taking the liberty of asking Mr. Willy Bermello, who is also a pastor, and we are honoring him to come and also share their invocation. Chair King: So, today, we will be blessed to have two persons providing the prayer for us. Invocations and pledge of allegiance delivered. Chair King: Thank you. Chair King: At this time, I'm going to officially call the meeting to order and have our statements read from our City Attorney. Victoria Mendez (City Attorney): Thank you, Madam Chair. Detailed information about the process, order of business, rules of procedure, scheduling, rescheduling of City Commission meetings can be found in Chapter 2, Article 2 of the City Code. A copy is available online at wwwmunicode.com [sic]. 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 City of Miami Page 1 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 the City Clerk's Office or online at wwwmunicode.com [sic]. Any person making a presentation, formal request, or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this City Code section is available at the Office of the City Clerk or online at wwwmunicode.com [sic]. 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 (g) of the City Code, the agenda and the material for each item on the agenda is available during business hours at the City Clerk's Office or online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. Public comment will begin at approximately 10:15 and remain open until public comment is closed by the Chair. Members of the public wishing to address the body may do so by submitting written comments via the online comment form. Please visit wwwmiamigov.com/meetinginstructions [sic] for detailed instructions on how to provide public comment using the online public comment form. The comments submitted through the comment form have been and will be distributed to elected officials and City Administration throughout the day so that the elected officials may consider the comments prior to taking any action. Additionally, the online comment form will remain open during the meeting to accept comments and distribute to elected officials up until the Chair closes public comment. Public comment may also be provided live at City Hall at 3500 Pan American Drive, Miami, Florida, subject to any and all City rules as they may be amended. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action 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, the public's 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 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 wwwmiamigov.com [sic]. PZ (Planning and Zoning) items shall proceed according to Section 7.1.4 of the Miami 21 Zoning Ordinance, as temporarily modified pursuant to Emergency Ordinance Numbers 13903 and 13914. Parties for any PZ items, including an applicant, appellant, appellee, City staff, and any person recognized by the decision -making body as a qualified intervenor, as well as applicants, representatives, and any experts testing 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 No. 13903, members of the general public who are not parties to an action pending before the City Commission are not required to be sworn in by oath or affirmation. The members of the City Commission shall disclose any ex parte communications, pursuant to Florida Statute Section 286.0115 and Section 7.1.45 of the Miami 21 Zoning Ordinance. The order of presentation shall be as set forth in Miami 21 and the City Code. Staff will briefly present each item to be heard. The applicant will present its application or request to the Commission. If the applicant agrees with the staff recommendation, the City City of Miami Page 2 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commission may proceed to 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 be followed -- will be allowed to make any recommendation they may have. Please silence all cellphones and other noisemaking devices at this time. This meeting can be viewed live on Miami TV, the City's Facebook page, the City's Twitter page, the City's YouTube channel, and Comcast Channel 77. The broadcast will also have closed captioning. Thank you. Chair King: Thank you. Mr. City Clerk. Todd B. Hannon (City Clerk): Thank you, Chair. The procedures for individuals who will be providing testimony to be sworn in for the 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 explain -- 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 the formal rules and procedures we have established for this meeting? Chair King: Yes. Mr. Hannon: Chair, may I administer the oath for the Planning and Zoning items? Chair King: Please. Mr. Hannon: Thank you, Chair. Good morning, ladies and gentlemen. Good morning, ladies and gentlemen. If you'll be speaking on any of today's Planning and Zoning items, speaking on any of today's Planning and Zoning items, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair King: Thank you. At this time, we're going to set the agenda. Mr. Manager, do you have any items that you wish for us to -- you wish to remove, defer? Arthur Noriega (City Manager): Good morning, Madam Chair, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: PH.3, to be deferred to February 9th; RE.4, to be deferred to February 9th; RE. 10, to be withdrawn; DL2, to be deferred to February 9th; PZ.4, to be withdrawn; PZ.8, to be deferred to March 9th. And that concludes the items. City of Miami Page 3 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: Can -- Chair King: Mr. Vice Chair -- oh. Commissioner Diaz de la Portilla: Can you do it -- can he do it again? Mr. Noriega: PH3, to be deferred to February 9th; RE.4, to be deferred to February 9th; RE.10, to be withdrawn; DI.2, to be deferred to February 9th; PZ.4, to be withdrawn; PZ.8, to be deferred to March 9th. Chair King: Mr. Vice Chair, do you have any items that you would like to defer or withdraw? Vice Chair Carollo: Not at this point in time, there might be one (UNINTELLIGIBLE). Chair King: Commissioner? Commissioner Diaz de la Portilla: Not right now. I also may have one moving forward. Chair King: Commissioner? Commissioner Reyes: Yes. If the Administration doesn't -- I mean, doesn't have any objection, I would like to defer to the next meeting RE.13 so we can analyze it a little bit more. Maybe we can change the time. It's a future legislation thing. Commissioner Carollo: (UNINTELLIGIBLE). Commissioner Reyes: P -- RE.13. Commissioner Diaz de la Portilla: RE what? Chair King: And you want to defer to what -- Commissioner Reyes: Huh? Chair King: -- what date? Commissioner Reyes: Next meeting. Chair King: Next meeting -- Commissioner Reyes: Next meeting. Chair King: -- February 9th. Commissioner Diaz de la Portilla: It's RE what? Chair King: 13. Commissioner Reyes: RE.13. Commissioner Diaz de la Portilla: 13. Commissioner Reyes: 13. City of Miami Page 4 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Chair King: Okay. And Mr. Manager, I just want to make sure that you have me as a sponsor for CA.4, CA.5, CA.8. Got it? Ms. Mendez: And Madam Chair, you also wanted to pull from the future legislation FL.2 so that it could be discussed for first reading. Chair King: Yes. If there's nothing else, do I have a motion to set the agenda? Commissioner Diaz de la Portilla: I'll move it. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. PR - PRESENTATIONS AND PROCLAMATIONS PR.1 13307 PROTOCOL ITEM Honoree Presenter Protocol Item Katherine Martinez of Camillus House Commissioner King Certificate of Merit Willy Bermello Commissioner Reyes Proclamation RESULT: PRESENTED Chair King: We have some protocol items today recognizing some fantastic individuals that make a big difference in our community. Presentations made. 1) Mayor Suarez and Commissioners presented a Certificate of Merit to Katherine Martinez, Senior Vice President of Programs at Camillus House. Since 2004, Ms. Martinez has been devoted to addressing the homeless conditions in the City of Miami. In 2013, Ms. Martinez joined Camillus House as the Emergency Housing Director and was promoted to Director of Emergency and Community Housing. In that role, she was responsible for overseeing the Homeless Prevention Program, the Downtown Enhancement Team Employment Program and Project Lazarus, a specialized outreach program serving the chronically homeless on the streets. Ms. Martinez is a dedicated community partner whose work is invaluable in elevating the quality of life in the City of Miami. Elected Officials paused in their deliberations to commend her dedication and continued commitment to our most vulnerable. 2) Mayor Suarez and Commissioners presented a proclamation to Miami architect Willy A. Bermello of Bermello Ajamil & Partners. Mr. Bermello has been a member of the City of Miami Urban Development Review Board providing his guidance and leadership through his proficiency and experience and has contributed to the evolution and transformation of Miami over the course of 32 years. He was one of City of Miami Page 5 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 the early adopters of sustainable design and is renowned around the globe for his forward -thinking and bold designs. Elected Officials paused in their deliberations to honor and commend Mr. Willy A. Bermello for his invaluable contributions to our community and wish him well in retirement and future endeavors and thereby proclaimed January 26, 2023, as "Willy A. Bermello Day" in the City of Miami. PUBLIC COMMENTS FOR ALL ITEM(S) 13417 DISCUSSION ITEM Office of the City PUBLIC COMMENTS SUBMITTED ONLINE BY MEMBERS OF THE Clerk PUBLIC FOR THE JANUARY 26, 2023 CITY COMMISSION MEETING. RESULT: PRESENTED Chair King: At this time, I will open up the meeting for public comment. Those who wish to speak on any item before the Board may come and speak. Good morning. Carolyn Donaldson: Good morning. Good morning. My name is Carolyn Donaldson. I am vice chair for Grove Rights and Community Equity, Inc. I will be speaking in opposition of one portion of PZ.1 and PZ.2. While the City efforts to increase affordable housing are commendable in West Grove, we, the members of GRACE (Grove Rights and Community Equity, Inc.), are certainly weary of any changes that will not lead to housing but rather to commercial development. As a part of PZ.1 and PZ.2, there is one item, Assemblage A, which when they've spoken to the community, they only indicated an interest in commercial development. So, we are in opposition of only Assemblage A. The remainder of PZ. 1 and PZ.2, we are fully in favor of because it is addressing affordable housing. Thank you. Good morning. Chair King: Thank you. Good morning. Good morning. Lyle Muhammad: Yes, good morning, ma'am. Good morning, Commissioners. Brother Lyle Muhammad, executive director of Circle of Brotherhood, 5120 Northwest 24th Avenue, Miami, Florida, 33142. I'm here speaking as a proponent of Item PH. 7, and just want to say three quick things. Number one, I really have no idea where the sentiment of the Commission is on this item, but I do remember being in grade school and I was taught that politics determines who gets what, when, where, and how. And then after now more than 40 years of community service, I continue to see those who need the most usually are the last in line. And so, as a practitioner, a wellness practitioner and transformation specialist and a violence prevention specialist, I just want to go on record for saying that, number one, it's the Circle of Brotherhood that allowed Miami to be part of the now 16-city White House initiative because of our work on violence prevention. It's the Circle of Brotherhood who was tapped by the international foundation, (UNINTELLIGIBLE), to do indigenous transformation and wellness work across this country because we do it so well. We just pray that we can do it in our own backyard, right here in Miami, without any unnecessary difficulty throughout this process. Thank you. Chair King: Thank you. Good morning. Linda Williams: Good morning. I'm Linda Williams; address, 3523 Charles Avenue. I am a lifelong resident of our community. I'm here representing Coconut Grove City of Miami Page 6 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Community Advisory Committee. We presented a resolution to the PZAB (Planning, Zoning and Appeals Board) Board on December 7, 2022. And today, we're addressing PZ.1 through 3. We're opposed to the upzoning request. It is contrary to the NCD-2. It's contradictory to the desires and will of the community. It is unacceptable intrusion regarding commercial into the residential sector of our community and proper notice and consultation to our community was not provided. A copy of the resolution will be provided for each of you Commissioners, our City Manager, Attorney, and Clerk. Thank you. Chair King: Thank you. Good morning. Reynold Martin: Good morning. My name is Reynold Martin. I'm at 3325 Percival Avenue. I'm a member of the Community Advisory Committee, Homeowners and Tenants Association, and GRACE. And I too oppose the assemblage in PZ.1 and 2 because it's not advocating residential development -- affordable residential development, which is something that we critically need in our community, as you can all see. The Grove was once a thriving community and now you see a lot of vacant lots, empty apartment buildings, and large developments that do not house our people. This needs to stop and we need your support to make sure this thing comes to an end, and we can once again build a thriving community in the West Grove. Thank you. Chair King: Thank you. Good morning. Jihad S. Rashid: Good morning, Commissioners. My name is Jihad S. Rashid. I reside at 3629 Grand Avenue, Coconut Grove. I'm here today to speak in opposition to PZ.2 and 3 and one aspect of PZ.1, Section A. This is not in the best interest of this community. The community has not been properly consulted. Our input has not been solicited and it's contrary to the NCD-3. And I want to advise that Coconut Grove Homeowners and Tenants Association, who has delegated me to be here to speak on their behalf is the prime representative group of this community. If you're not dealing with Homeowners and Tenants Association, which has been established -- the Coconut Grove Village West Homeowners and Tenants Association is 60 years old and its leadership is elected by the homeowners, the residents, and the people that live and vote in Coconut Grove. Too often I've seen this Commission solicit sectarian groups and people who do not have constituents and voters in this community to get advice. So, it's important that we have representative government that we do seek out the folks that have voted for the leadership that live here and vote here, and we're speaking on their behalf. Thank you. Chair King: Thank you. Good morning. Carlos Lleano: Thank you. Good morning, Commissioners. My name is Carlos Lievano, 150 West Flagler Street, Miami, Florida, 33130. I'm here on behalf of the Mad Room Hospitality, LLC (Limited Liability Company) and Altos Mexicano, LLC. I'm here to express my clients' support for PZ.5, provided that and so long as no districts are excluded from the ordinance. Any exclusion of any district whatsoever is arbitrary and capricious and it's unconstitutional and violates the equal protection clause of our US Constitution. Thank you. Chair King: Thank you. Good morning. Nicholas Duran: Good morning, Commissioners. My name's Nicholas Duran and our office address is 169 East Flagler Street. I'm here representing Transit Alliance Miami. So, I'm here today to urge that this Commission vote no on FR.2 and not allow this ordinance to move further. I'm going to be frank. I am a little bit troubled by the intent of this legislation, which comes on the heels of the controversy City of Miami Page 7 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 surrounding the Virginia Key Beach Trust and the comments provided by N. Patrick Range, IL Regardless of one's views on what's best for the Virginia Key and -- or all that's been said, I don't believe that this substantiates an amendment to the rules of procedure barring the donation of speaking time. Since its founding, Transit Alliance has always advocated for the importance of trust in the decision making process. And if this board truly wishes to inspire trust in the community and aspires to good governance, then it must work to censor the prin -- center the principles of transparency, participation, and inclusion. This board must work to welcome people into the process, to seek out voices that currently are not at the table. This board and all its members should always show up, as elected, to listen with openness and without judgment. We feel that FR.2 does not foster an inclusive process; and therefore, we do not support it. Please vote no. Thank you. Chair King: Thank you. Good morning. Albert Campbell: Good morning, Commissioners. My name is Albert Campbell. I'm an executive member of the Circle of Brotherhood, 5120 Northwest 24th Avenue. I'm here today to support HP.7 [sic] in hoping that the promise that was given to us is fulfilled today as we continue to fulfill the promise of our community. We work hard for this community. We love this community, and it seems like those of us that are servants in our community, we are the poorest, but we always champion to get funds to fulfill the promise of our community. We'd like to thank you in advance. May God bless us and God bless our community. Thank you. Chair King: Thank you. Good morning. Samuel Latimore: Good morning, good morning. My name is Professor Sam Latimore, 937 Northwest 55 Street, Miami, Florida, resident since 1959. I'm here in support of PH.6, the affordable single family home houses resolution, that it meets the 80 percent of median income to buy. I have been -- I'm not an outsider who comes in and look at the issues after the fact. I was born in this community. I went to service for this community, and I think I speak in terms of those people who have -- who are still here in their 70s and 80s, that to support this will be working very hard to maintain what we were drafted to do, were volunteered to do, and that is to protect the -- our community. So, we 're asking that support this particular resolution. And I think that the citizens who want to come back and live here will find that a great thing to do. Thank you, and you all have a nice day. Chair King: Thank you. Good morning. Leroy Jones: Good morning, Madam Chair and Commission. I want to say that money is not going to change the Brotherhood for the worst, only for the best. And everybody know our service in this community, everybody know. You can't doubt that. Commissioner Reyes said at a Commission meeting -- he said, "You know what, we promised them a million dollars. We should give them the million dollars." I want you to know we heard that, and we thank you for that. One thing you going to learn about the Brotherhood, if we don't like the way things going, we going to say something about it. And if we like the way things going, we going to support it, right? So, we are who we are. So, I want to say this because when you put in a leadership position, people watch you. And because I have a leadership position, you know, I'm firm at where I stand, and what I believe in, I believe in that. I believe in what I believe in. And so I want to say to the City Manager -- he 's not here, but I want to say this because I didn't say this -- I didn't want to say this on the phone call. When wrong is done, it need to be corrected where it was done at. The City Manager wanted to speak to me at the -- after the last Commission meeting and I denied the conversation with him because I was upset because I believe in what I believe in. Well, I needed to speak to him because he asked me to speak to him, and I wanted to City of Miami Page 8 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 apologize to him because that's the type of individual I am, right? So, when we do wrong, we need to correct it. So, because people watch what I do and a small hand of people believe in me, I want to do -- them to see that when you make a mistake, you correct it where you make that mistake at. So, he wanted to speak to me, so I wanted to say to the City Manager, I apologize for not speaking to him when you wanted to have a conversation with me. And I hope he will accept my apology because I'm that big of type of person. So, if you support this item, those of you who support it, thank you. But if you don 't support it, the Brotherhood still going to do its work. Chair King: Thank you. Good morning. Katrina Erwin: Hi, good morning. Katrina Erwin, 971 Northwest 35th Ave. Thank you so much for allowing me to speak today. By taking away the right to donate the -- to donate time, the City of Miami is making Commission meetings less accessible to the public. There are people that have severe issues with public speaking, a disability that might limit their ability to speak, are scared to speak to the Commission because of the way they might be treated or would like to donate their time to someone they believe should have more time to speak at the Commission meeting. Last September, I attended a Commission meeting, and one student was so scared by how she saw the Commission treat the public that she started crying and donated her time to another person to speak on her behalf. If people are choosing to take time out of their day to be there, their right to free speech should allow them to do what they want with the time allocated to them. It's almost as if you all are trying to limit freedom of speech, a constitutional right everyone supports. Additionally, I would like to point out that experts on the Virginia Key issue have used the delegation of time donation as a way to speak in length on it. The delegation of time legislation is being proposed the same day the City is deciding on whether or not to proceed with legal action against the Virginia Key outdoor center and the removal of the executive director from the Virginia Key board of trustees. The citizens of Miami have made it so clear that they want you all to stop whatever it is you're doing with Virginia Key. However, some of you are not listening and are continuing to take away power from the people, people who are choosing to miss work or school to be here. Thank you so much for allowing me to speak today, and please vote no on all the aforementioned items. Chair King: Thank you. Good morning. Cary Johnson: Good morning, Commissioner. Good morning to everyone who's here. My name is Cary Johnson. I live at 29 Northwest 52nd Street. I'm here to support PH6. Also, I would like to say that there's more affordable housing that's needed due to housing rent increases and the purchasing and the destruction of people tearing down some of the older houses and the rent is going up. Purchasing more housing would be necessary for the people that's seniors and the people that's being low income and in those areas. We need to have housing for those type of people to stay in the city. And I'm in support of this PH 6 through the Liberty City Trust. Thank you. Chair King: Thank you. Good morning. Vivian Perkins: Good morning. Thank you for serving our community. The Commissioners are our heroes. We need your help. I'm sorry. My name's Vivian Perkins. I live at 1152 Northwest 49th Street. I would like to know how we can turn down anything that says housing. I would like to know if the Commissioners will show their support on PH.6, that we can have affordable housing for the people that really need it. I live in a suppressed neighborhood, and I would like to see it improve. I love the support that we're getting from Chairperson King, and we're going to continue to help her help us, but we need your help, Commissioners, to help the community that's in need of so much. I often tell people, "Walk in my shoes." The City of Miami Page 9 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 people that are trying to help each other needs your help. If you help each other, it trickles down to everyone in the community and you could see the difference. And the difference is one side of town should not look better than the other side of town. One thing we need to do is work together. Let's get behind each -- each person that's helping keep our community clean and safe, and not only that, housed. Please vote yes on better housing and affordable housing. Thank you. Chair King: Thank you. Good morning. Kevin Cruz: Good morning. Kevin Cruz, Greenspoon Marder, offices located at 600 Brickell Avenue, here on behalf of PZ. 7, Item 7, DFMM.I Investments. At this time, we'd like to ask the Commission to defer the item due to the short board and until the special election is resolved. Thank you. Chair King: Thank you. Good morning. Elaine Black: Good morning. My name is Elaine Black, 4800 Northwest 12th Avenue. I'm here in support of PH 6. One of the biggest needs in our community is housing. This PH item will allow us to build affordable housing for medium income people in our community. This is very needed, and we look forward to you supporting it because, as a result of this, we will have families able to have homes in our community at an affordable price. Thank you so very much for your support and all that you do for our city. Chair King: Thank you. Good morning. Edward Martos: Good morning, Commissioners, and thank you very much for this opportunity. Edward Martos, offices at 2800 Ponce de Leon Boulevard. I'm here on behalf of Casa Valentina to speak in favor of PZ.1, 2, and 3. You 've heard a lot of commentary about these items today. None of it was directed to the concern -- to Casa Valentina or how the ordinances would affect Casa Valentina. As you all know, Casa Valentina is a critical resource for the City of Miami and for Coconut Grove where it's been located for decades -- it's been located for decades. Casa Valentina provides housing for children who have -- or young adults who aged out of foster care, so it's really affordable housing for the neediest in our community, and we urge you to vote in favor of PZ.1, 2, and 3. Thank you. Chair King: Thank you. Good morning. Guerby Noel: Good morning. Guerby Noel, here on behalf of GRACE, from Legal Services of Greater Miami, offices located at 4343 West Flagler Street. I'm here on behalf of GRACE, as I stated before, on the matter of PZ.1, 2, and 3. As you heard the citizens speak about before, they are in support of the matter as it's written for the most part, as the purpose of it was to bring affordable housing to the West Grove. And to take a step back, Commissioner Russell stated that he brought about this resolution as a way of bringing affordable housing and he identified, and he said specifically good stewards of the community who would be bringing affordable housing to the community. You heard Mr. Martos speak about Casa Valentina. They'll be bringing affordable housing to the community. Christ Episcopal Church is involved as well. They'll be doing that as well, as well as the Thelma Gibson. However, Assemblage A is a property that's owned by private developers, and they're seeking to build office and retail space, as well as a parking garage. And to that end, GRACE is opposed to their inclusion in this matter, and I'll outline several reasons. So, the neighborhood between Thomas and Washington Avenue is zoned for residential. It's simply single-family homes and duplexes. The character of the neighborhood has been and continues to be that of a residential area. So, the inclusion of Assemblage A in this proposed resolution is both out of place and not City of Miami Page 10 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 conducive to increasing affordable housing inventory in the West Grove. And then the lead up to this, there was an affordable housing study that was done and public commentary from the community was sought. And one of the most poignant comments that is part of the report is from a community members who says that, "Stop approval of development requests to change land use from residential to commercial." In other words, keep residential land residential, and this highlights the main issue with the inclusion of Assemblage A in this whole matter. And lastly, with the rezoning that's being proposed, if the purpose here is to bring about affordable housing, the zoning -- Chair King: Thank you. Thank you. Mr. Noel: Last statement. Chair King: Thank you. Mr. Noel: Thank you. Chair King: Good morning. Brenda Betancourt: Good morning, 14 -- Brenda Betancourt, 1436 Southwest 6th Street. I want to thank the Commissioners for the changes there are being done, especially Commissioner Manolo, for the changes that have been done in the Unsafe Structures meeting, the new proposals of getting change -- to give opportunity to those owners that they didn't understand that the new regulations are being enforced, the same way as they are doing changes for the code enforcement. Chairwoman, thank you so much. We were able to help a church in Overtown to get -- mitigate those fines. And sometimes people don't understand there are a lot of regulations that have changed, and they need to get to work and get all those code violations or unsafe violations in place. And always going to be better if you guys actually listen to the person who you guys have in the enforcement board because you will be able to understand what is the challenges that every single resident in the City of Miami is having. In making those changes, you are providing the opportunity to those residents or businessowners to get better and get the violations resolved. So, thank you to both of you and the Commissioners who actually working on these resolutions to provide help, assistance, and to show the residents of the City of Miami that you guys are not against the residents or the business, that you are just trying to work with the law that you guys have in place. Thank you. Chair King: Thank you. Francisco Rodriguez Melo: Good morning. Good morning, Commission. Francisco Rodriguez Melo, with the Item PZ.6, very similar -- happy to hear M. Brenda Betancourt. So, I'm an owner of this property where the board of zoning and appeals basically did not remove a certificate of use on the property because we were able to substantiate the conditions of the property. And I think that overall, owners, we just really want to understand or have a way to have some flexibility to present information because a lot of the information is coming very quickly. The City is being very proactive, so I congratulate you, but at the same time, it's very difficult when you have an order and then the different departments don't have the mechanism to say, "Okay, we 're seeing the information that you're presenting. Let's review it. There 's information from an engineer that the property is habitable and so forth." So, I think that my item is specifically very similar to what Brenda Betancourt was referring, which is giving the owners the opportunity to be listened to and to present information and to have things heard and have some flexibility within the Code. Because the Code is very hard and here you are against basically an unknown territory, so really looking for things to continue to evolve and enforce, but at the same time, allow for City of Miami Page 11 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 information to be reviewed and owners to have an opportunity to keep their properties. Thank you. Chair King: Thank you. At this time, public comment period is closed. AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: MV - MAYORAL VETO(ES) There were no mayoral vetoes associated with legislation that is subject to veto by the Mayor. END OF MAYORAL VETO(ES) City of Miami Page 12 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Diaz de la Portilla, Reyes ABSENT: Carollo CA.1 RESOLUTION 13098 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT OF EASEMENT ("EASEMENT"), FOR THE BENEFIT OF THE CITY OF MIAMI ("CITY"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FROM LANCELOT MIAMI RIVER, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("GRANTOR"), FOR A PERPETUAL NON- EXCLUSIVE EASEMENT ON A PORTION OF THE GRANTOR - OWNED PROPERTY IDENTIFIED AS 230 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, FOLIO NUMBER 01-4137-038-0030 ("PROPERTY"), CONSISTING OF APPROXIMATELY SEVENTY TWO (72) SQUARE FEET AND A VERTICAL CLEARANCE OF APPROXIMATELY TWENTY FIVE (25) FEET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, SOLELY FOR THE PURPOSE OF THE OPERATION AND MAINTENANCE OF EXISTING STORMWATER UTILITY FACILITIES LOCATED WITHIN THE EASEMENT WITH THE RIGHT TO RECONSTRUCT, IMPROVE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT AREA LOCATED AT THE PROPERTY. ENACTMENT NUMBER: R-23-0039 This matter was ADOPTED on the Consent Agenda. Chair King: We seem to have lost our quorum. (UNINTELLIGIBLE). See if Joe comes in the next. (COMMENTS MADE OFF THE RECORD) Chair King: I know. See if he -- (COMMENTS MADE OFF THE RECORD) Chair King: Yes. (COMMENTS MADE OFF THE RECORD) Chair King: Do I have a second? Commissioner Diaz de la Portilla: I'll second that. Chair King: Okay. City of Miami Page 13 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Victoria Mendez (City Attorney): On what item? I'm sorry, Commissioner Reyes. Chair King: CAs (Consent Agenda). I have a motion and a second to move all of the CA items. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries, the CA items have passed. CA.2 RESOLUTION 13099 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT OF EASEMENT ("EASEMENT"), FOR THE BENEFIT OF THE CITY OF MIAMI ("CITY"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FROM CH RIVERSIDE LLC, A DELAWARE LIMITED LIABILITY COMPANY ("GRANTOR"), FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON A PORTION OF THE GRANTOR -OWNED PROPERTY IDENTIFIED AS 300 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, FOLIO NUMBER 01-4137-038-0035 ("PROPERTY"), CONSISTING OF APPROXIMATELY FOUR HUNDRED THREE (403) SQUARE FEET AND A VERTICAL CLEARANCE OF APPROXIMATELY TWENTY FIVE (25) FEET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, SOLELY FOR THE PURPOSE OF THE OPERATION AND MAINTENANCE OF EXISTING STORMWATER UTILITY FACILITIES LOCATED WITHIN THE EASEMENT WITH THE RIGHT TO RECONSTRUCT, IMPROVE, AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT AREA LOCATED AT THE PROPERTY. ENACTMENT NUMBER: R-23-0040 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.2, please see Item Number CA.1. City of Miami Page 14 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 CA.3 RESOLUTION 13153 Department of Real Estate and Asset Management; Department of Fire - Rescue CA.4 13097 Department of Fire - Rescue A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT A REQUEST TO MIAMI-DADE COUNTY ("COUNTY") FOR A PUBLIC PURPOSE CONVEYANCE OF A PORTION OF CERTAIN COUNTY -OWNED LAND ADJACENT TO THE CITY OF MIAMI'S MIAMARINA AT BAYSIDE, IDENTIFIED IN THE AERIAL OVERLAY ATTACHED AND INCORPORATED AS EXHIBIT "A" ("PROPERTY"), TO THE CITY FOR USE BY THE DEPARTMENT OF FIRE RESCUE; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPERTY AND TO NEGOTIATE AND EXECUTE SUCH AGREEMENTS, APPLICATIONS, AND OTHER DOCUMENTS NECESSARY TO EFFECTUATE THE CONVEYANCE OF THE PROPERTY TO THE CITY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-23-0041 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.3, please see Item Number CA.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONSTRUCTION AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ("FDOT"), PERMITTING THE CITY TO CONSTRUCT, AT ITS OWN EXPENSE, 160 LINEAR FEET OF GUARDRAIL WITHIN FDOT'S RIGHT-OF-WAY TO PROTECT THE PROPERTY KNOWN AS FIRE STATION 6, LOCATED AT 701 NORTHWEST 36TH STREET, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, OR RENEWALS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, AND ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0042 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.4, please see Item Number CA.1. City of Miami Page 15 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 CA.5 13086 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "MIAMI SEATBELT ENFORCEMENT PROJECT FY 2023"; ACCEPTING A SUBGRANT AWARD FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") IN THE AMOUNT OF $85,000.00 WITH NO LOCAL MATCH FUNDS REQUIRED; APPROPRIATING SAID FUNDS TO THE MIAMI POLICE DEPARTMENT TO PROVIDE RESOURCES FOR MOTOR VEHICLE SAFETY INITIATIVES AND EDUCATIONAL CAMPAIGN TO REDUCE SEATBELT VIOLATIONS AND INCREASE HIGHWAY SAFETY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND FDOT; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE OR ANY OTHER DESIGNEE TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF THE SUBGRANT AWARD. ENACTMENT NUMBER: R-23-0043 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.5, please see Item Number CA.1. City of Miami Page 16 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 CA.6 RESOLUTION 13103 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROPRIATE FUNDS IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FORTY THOUSAND DOLLARS ($340,000.00) ("GRANT") FROM MIAMI-DADE COUNTY THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST ("COUNTY") WITH NO CITY OF MIAMI ("CITY") MATCH, TO PROVIDE EXTENDED OUTREACH AND HOUSING SERVICES TO HOMELESS INDIVIDUALS REFERRED THROUGH THE COUNTY'S JUDICIAL AND HEALTH SYSTEMS, WITH SAID SERVICES TO BE PROVIDED BY THE HOMELESS SERVICES DIVISION OF THE CITY'S DEPARTMENT OF HUMAN SERVICES; ESTABLISHING A SPECIAL REVENUE PROJECT TITLED "MEMORANDUM OF AGREEMENT (MOA) PROGRAM, PC-2223- MOA" FOR THE APPROPRIATION OF THE GRANT FUNDS, FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY AND ALL OTHER RELATED DOCUMENTS, EXTENSIONS, MODIFICATIONS, AND RENEWALS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, CONDITIONED UPON THE AVAILABILITY OF CITY RESOURCES THAT MAY BE REQUIRED TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE UP TO TWO ADDITIONAL ONE-YEAR RENEWALS TO THE AGREEMENT AND OTHER DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF THE GRANT. ENACTMENT NUMBER: R-23-0044 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.6, please see Item Number CA.1. City 4 Miami Page 17 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 CA.7 RESOLUTION 13105 Department of Human Services CA.8 13154 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROPRIATE FUNDS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY-FIVE THOUSAND DOLLARS ($135,000.00) ("GRANT") FROM MIAMI-DADE COUNTY THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST ("COUNTY") FOR A TWELVE (12) MONTH PERIOD, WITH NO CITY OF MIAMI ("CITY") MATCHING FUNDS REQUIRED, TO SUPPORT THE OUTREACH STAFF SALARIES AND FRINGE BENEFITS OF THE CITY'S DEPARTMENT OF HUMAN SERVICES' ("DEPARTMENT") HOMELESS SERVICES DIVISION; ESTABLISHING A SPECIAL REVENUE PROJECT TITLED "OUTREACH SALARY MATCH PROGRAM PC-2223-STAFF-3" FOR THE APPROPRIATION OF THE GRANT FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT WITH THE COUNTY, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY AND ALL OTHER RELATED DOCUMENTS, EXTENSIONS, MODIFICATIONS, AND RENEWALS ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, CONDITIONED UPON THE AVAILABILITY OF CITY RESOURCES THAT MAY BE REQUIRED TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE UP TO TWO CONSECUTIVE ONE- YEAR RENEWALS TO THE AGREEMENT AND ANY OTHER DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF THE GRANT. ENACTMENT NUMBER: R-23-0045 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.7, please see Item Number CA.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A GRANT AWARD FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, DIVISION OF VICTIM SERVICES AND ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "2022-2023 VICTIMS OF CRIME ACT ('VOCA') GRANT" CONSISTING OF SAID GRANT, IN AN AMOUNT NOT TO EXCEED $571,677.00, WITH NO MATCHING FUNDS REQUIRED, TO PROVIDE FUNDING FOR PERSONNEL SERVICES AND OPERATIONAL EXPENSES OF EIGHT (8) FULL-TIME TEMPORARY ADVOCATE POSITIONS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT AS WELL AS ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE AND ADMINISTRATION OF THE GRANT. ENACTMENT NUMBER: R-23-0046 This matter was ADOPTED on the Consent Agenda. City of Miami Page 18 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Note for the Record: For minutes referencing Item Number CA.8, please see Item Number CA.1. CA.9 RESOLUTION 13285 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), VACATING, DISCONTINUING, AND ABANDONING THE 10 FOOT PUBLIC ALLEY LOCATED ON THE WEST SIDE OF THE PROPERTY AT 220 NORTHWEST 27 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, CONTAINING APPROXIMATELY 2000 SQUARE FEET; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, PURSUANT TO SECTION 255.22, FLORIDA STATUTES, IN FAVOR OF ASG WYNWOOD LLC, A DELAWARE LIMITED LIABILITY COMPANY, THE SUCCESSOR -IN -INTEREST OF THE ORIGINAL DEDICATOR. ENACTMENT NUMBER: R-23-0047 This matter was ADOPTED on the Consent Agenda. Note for the Record: For minutes referencing Item Number CA.9, please see Item Number CA.1. END OF CONSENT AGENDA City of Miaini Page 19 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 PH - PUBLIC HEARINGS PH.1 RESOLUTION 13171 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO THE SECTION 29-B(C) OF CHARTER OF CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ("COUNTY"), FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON A PORTION OF THE CITY -OWNED PROPERTY IDENTIFIED AS 444 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, FOLIO NUMBER 01-4137-038-0020 ("PROPERTY"), CONSISTING OF APPROXIMATELY ONE HUNDRED TWENTY FIVE (125) SQUARE FOOT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, SOLELY TO CONSTRUCT, RECONSTRUCT, LAY, INSTALL, OPERATE, MAINTAIN, RELOCATE, REPAIR, REPLACE, IMPROVE, REMOVE AND INSPECT WATER TRANSMISSION AND DISTRIBUTION FACILITIES AND ALL APPURTENANCES THERETO, WITHIN THE EASEMENT AREA LOCATED AT THE PROPERTY. ENACTMENT NUMBER: R-23-0048 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Reyes ABSENT: Carollo Chair King: We cannot take up -- Commissioner Reyes: Which one you want to take, Madam Chair? Chair King: We'd have to go and pick and choose. Commissioner Diaz de la Portilla: PH.1, PH2, PH.4. Chair King: Let's see. Commissioner Diaz de la Portilla: Don 't we need four for PH 4 and 5 -- or whatever. Commissioner Reyes: PH.1. Commissioner Diaz de la Portilla: Only PH.1, right? Chair King: PH.1. Commissioner Diaz de la Portilla: I move PH.1. City of Miami Page 20 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Reyes: I second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: PH.1 carries. PH.2 RESOLUTION 13013 Department of Real Estate and Asset Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY AND LAW ENFORCEMENT & TECHNOLOGY FEDERAL CREDIT UNION, FOR USE OF APPROXIMATELY 1,016 PER SQUARE FEET OF OFFICE SPACE INSIDE THE MIAMI POLICE DEPARTMENT HEADQUARTERS LOCATED AT 400 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, FOR A MONTHLY USE FEE OF $1,862.67 ($22.00 PER SQUARE FOOT) INCREASING ANNUALLY BY $1.00 PER SQUARE FOOT, FOR AN INITIAL TERM OF FIVE (5) YEARS, AND AN OPTION TO EXTEND FOR FIVE (5) ADDITIONAL ONE (1) YEAR RENEWAL OPTIONS, WITH TERMS AND CONDITIONS TO BE MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THE USES CONTEMPLATED HEREIN. ENACTMENT NUMBER: R-23-0049 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Commissioner Diaz de la Portilla: I think all the other PHs (Public Hearings) are -- Chair King: Four -fifths. Commissioner Diaz de la Portilla: -- four votes, yeah. I'll move RE.1, RE.2, RE.3. Commissioner Reyes: RE.1. City of Miami Page 21 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Victoria Mendez (City Attorney): All the REs (Resolution), we have -- we to go -- Commissioner Diaz de la Portilla: You have to read them. Ms. Mendez: No, it's -- Chair King: No. Ms. Mendez: -- some have modifications. So, RE.1 and 2 -- Commissioner Reyes: RE.2 -- hold on a second. Ms. Mendez: -- are fine. Commissioner Diaz de la Portilla: Okay. Ms. Mendez: RE.3 -- Chair King: 3 -- Ms. Mendez: -- the mitigation's -- Chair King: Right, we have to hear that. Ms. Mendez: Right. Commissioner Diaz de la Portilla: Okay, so -- Ms. Mendez: 3, 5 and 6 we have to hear. Commissioner Diaz de la Portilla: How about 7? Chair King: Well, we have a quorum -- we have a fourth, so we can go back to the PH items now. Commissioner Diaz de la Portilla: I move PH.2 -- Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: -- PH.4, PH.5, PH.6 and PH.7. Commissioner Reyes: PH -- Commissioner Diaz de la Portilla: I'm sorry. And PH.6. I don't know if we want some debate on PH 7 because there's some clarification may be needed on PH.7. Chair King: Okay. Commissioner Diaz de la Portilla: I thought there was some -- a little bit of a debate about whether the money was sent upfront or not and where we are with that, right? So, I want to know ifI can modem it or not. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: So, I'll move PH.2, 4, 5, and 6. Chair King: Do I have a second? City of Miami Page 22 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Reyes: 6 and 7. Vice Chair Carollo: Second. Commissioner Diaz de la Portilla: Not 7. Commissioner Reyes: Not 7? Commissioner Diaz de la Portilla: Not yet. Commissioner Reyes: Not yet. Ms. Mendez: I'm sorry. You said PH.2 and 5, correct? Commissioner Diaz de la Portilla: No, 4. Ms. Mendez: And 4? Okay. Chair King: The remainders that are not -- PH.2, 4, 5 and 6. Commissioner Diaz de la Portilla: Correct. And 6 -- 2, 4, 5 and 6. Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 23 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 PH.3 12771 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A", PURSUANT TO SECTION 18- 85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), FOR THE PROVISION OF A NO COST CLOUD -BASED SOFTWARE SOLUTION TO MANAGE AND SCHEDULE POLICE EXTRA DUTY ASSIGNMENTS, FOR A PERIOD OF ONE (1) YEAR, WITH AN OPTION TO RENEW FOR ONE (1) ADDITIONAL YEAR, FROM ROLLKALL TECHNOLOGIES, LLC ("ROLLKALL"), A DELAWARE LIMITED LIABILITY COMPANY, QUALIFIED TO DO BUSINESS IN THE STATE OF FLORIDA, FOR THE CITY OF MIAMI'S POLICE DEPARTMENT ("POLICE"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH ROLLKALL, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING, THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI - DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, AND ALL APPLICABLE LAWS, RULES AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: Item PH.3 was deferred to the February 9, 2023, City Commission Meeting. City of Miami Page 24 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 PH.4 RESOLUTION 13009 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BY A FOUR FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE DISTRICT 2 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00) TO CHRIST EPISCOPAL CHURCH, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CHRIST EPISCOPAL CHURCH "), IN SUPPORT OF THEIR FEEDING PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0050 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.4, please see Item Number PH.2. City ofMiami Page 25 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 PH.5 RESOLUTION 13133 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING(S) AND RECOMMENDATION(S), 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 FIVE HUNDRED THOUSAND ($500,000.00) ("GRANT") TO CENTER FOR BLACK INNOVATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CFBI"), FOR THE IMPLEMENTATION OF ITS D.A. DORSEY PROJECT AND COVID-19 FAMILY FIRST EDUCATION AND STEM PROJECT, 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 CFBI AND ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0051 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.5, please see Item Number PH.2. City of Miami Page 26 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 PH.6 RESOLUTION 13192 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, PURSUANT TO SECTION 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-72(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE SALE, WITH AFFORDABLE HOUSING RESTRICTIONS AND AUTOMATIC REVERTER PROVISIONS, OF THE PROPERTIES APPROXIMATELY LOCATED AT 5515 NORTHWEST 1 COURT, 276 NORTHWEST 53 STREET, 1461 NORTHWEST 60 STREET, 5435 NORTHWEST 1 COURT, 779 NORTHWEST 57 STREET, AND 169 NORTHWEST 35 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO QUALIFIED APPLICANTS IN COMPLIANCE WITH THE REQUIREMENTS OF 24 CFR PART 92 ALSO KNOWN AS THE HOME INVESTMENT PARTNERSHIPS PROGRAM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0052 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number PH.6, please see "Public comments for all item(s)" and PH.2. City of Miami Page 27 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 PH.7 RESOLUTION 11509 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, BY A FOUR -FIFTHS (4/STHS) 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 PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING AND APPROPRIATING AMERICAN RESCUE PLAN ACT OF 2021 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS, ON A REIMBURSEMENT BASIS, IN A TOTAL AMOUNT NOT TO EXCEED ONE MILLION DOLLARS ($1,000,000.00), TO CIRCLE OF BROTHERHOOD, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CIRCLE OF BROTHERHOOD"), IN ORDER TO IMPLEMENT CIRCLE OF BROTHERHOOD'S COVID-19/PANDEMIC COMMUNITY WELLNESS AND RECOVERY INITIATIVE, 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 CIRCLE OF BROTHERHOOD SUBJECT TO CIRCLE OF BROTHERHOOD PROVIDING THE REQUESTED INFORMATION TO THE SATISFACTION OF THE CITY AS STATED HEREIN; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. MOTION TO: Adopt RESULT: FAILED MOVER: Manolo Reyes, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes NAYS: Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number PH.7, please see "Public comments for all item(s)." Commissioner Reyes: I will move PH.7. Chair King: I second it. Commissioner Diaz de la Portilla: Walk me -- you're the sponsor, Madam C'hainvoman, correct? I mean -- Chair King: I was the sponsor. I didn't put myself as the sponsor of this item. Commissioner Diaz de la Portilla: But you're listed here as the sponsor, so I think Mayor Suarez -- City of Miami Page 28 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Chair King: Mayor Suarez is the sponsor. I would -- Commissioner Diaz de la Portilla: And then you're -- Chair King: -- it should just carry over. Commissioner Reyes: That's right. Chair King: I do support the item. Commissioner Diaz de la Portilla: Okay. Well, there 's some -- there were some questions that were raised last Commission meeting about whether they wanted all the money upfront, and there was an issue of whether it was for a pandemic COVID- 19 issues. But we 're kind of past that so -- (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: I would like that, just to have a little -- some clarification on what is being addressed and is it reimbursements or is it things that have already been done or things that are going to be done. And so there 's a question about it, so if we can bring -- and I concur with Commissioner Carollo, we bring it back in the afternoon and then we'll have a conversation about it after lunch. Vice Chair Carollo: Well, I don't remember everything that had been said in previous meetings, but I remember that there were some issues with the amounts of dollars. I'd like to meet with the Administration and then bring it back in the afternoon. Chair King: I can tell you that this is an initiative that was brought forth by the Mayor -- Commissioner Reyes: Yes, absolutely. Chair King: -- for the Circle of Brotherhood. It's a million dollars ARPA (American Rescue Plan Act) funds -- Commissioner Reyes: ARPA funds. Chair King: -- if I'm not mistaken. It's ARPA funds, and the promise was made prior to me becoming Commissioner for District 5. I support the Mayor's initiative, I always have. And I know the work that the Circle of Brotherhood does -- although we don't always find ourself on the same side of the street -- I have known the work that they've done for many, many years since I was the president/CEO (Chief Executive Officer) of MLKEDC (Martin Luther King Economic Development Corporation) and am supportive of this item that, again, I defer to my colleagues if you want to -- Commissioner Reyes: Just bring it -- Chair King: -- take some time and come back in the afternoon. Commissioner Diaz de la Portilla: Yeah. Commissioner Reyes: Well, let me -- in all honesty, you see, this was very much discussed when it first came, and it came for the allocation of substantial less money than the one that was promised by the Mayor and everybody that was involved with that. And I made the statement and if we promised -- and I know the work that they do -- and said, "If we promised a million dollars from ARPA fund, then we should City of Miami Page 29 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 keep our word." And that's why I'm moving it, and I think that we should bring this forward. What are we going to solve by bringing it later on? I think we can argue that or discuss it right now ifyou have any objections. And if you want -- can vote yes or no, but let's go ahead with the -- this legislation. Commissioner Diaz de la Portilla: Well, I think if two of your colleagues are requesting that we do it in the afternoon, as a matter of collegiality, why don't we do it in the afternoon? Commissioner Reyes: Well, I understand that two of my colleagues are asking to read -- I mean, do it this afternoon and two of your colleagues are asking to do it now. So, I -- Chair King: What I -- well, what I want is for my colleagues to feel comfortable because -- Commissioner Reyes: Yes. Chair King: -- it is a four -fifths vote and I need the support of all of the Commissioners here -- Commissioner Reyes: Okay, okay. Chair King: -- to pass it. So, if that is what will make them feel comfortable that they need more information, I don't want to jeopardize -- Commissioner Reyes: I -- Chair King: -- forcing a vote right now because it requires a unanimous consent for this to pass. Commissioner Reyes: Yes, Madam Chair. I do understand that. And the only thing that I was bringing out, just pointing out that if we cannot solve this now, we do it. If not, well, then we will bring it back later on. Commissioner Diaz de la Portilla: You wantto bring it for a vote? Let's vote on it. Commissioner Reyes: I mean, whatever you say, Madam Chair. Victoria Mendez (City Attorney): Right, it has to be four. Chair King: I understand. Commissioner Reyes: I know. Chair King: If you need more information in order to vote on this item, I would prefer that you get the information to vote on the item. Commissioner Reyes: Absolutely, that's it. Chair King: So -- Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Thank you, Madam Chair. Chair King: -- we'll bring it back in the afternoon. City of Miami Page 30 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 [Later... Chair King: At this time, we can -- because it's four of us -- we can take up PH.7 again. Vice Chair, I believe you -- Vice Chair Carollo: Mr. Manager, who from staff would be the most appropriate person -- would it be yourself someone else? -- that I could ask some questions on on some of the numbers that have been given here? Arthur Noriega (City Manager): Which -- for which item, Commissioner? Commissioner Diaz de la Portilla: PH.7. Vice Chair Carollo: PH.7. Mr. Noriega: Oh, Budget, the most appropriate. Vice Chair Carollo: Okay, let me just go over something here that I need to add up. Okay, ma'am, where 's the majority of this million dollars -- and it is a million dollars, correct? Marie Gouin (Director, Budget): The proposal is for a million dollars, yes. Vice Chair Carollo: Because the resolution says, "up to." Ms. Gouin: Say it again, sorry. Vice Chair Carollo: The resolution says, "up to, " which means it could be less. Will it be less? Ms. Gouin: It could be less -- Vice Chair Carollo: We 're not sure? Ms. Gouin: -- based on the reimbursement and based on what they provided. What we 've done is, once the Mayor had sent us the proposal, we had the ARPA (American Rescue Plan Act) consultant review it to see if it meets all the requirements based on the ARPA regulations, and they said it did. But we don't upfront the dollars; they are a reimbursement. And he have -- they have to meet the -- all the criteria. They have to submit a budget, a full scope, objectives, measures. So, every time they ask for a reimbursement, a monthly basis, we will review the reimbursement and make sure they are following all the guidelines -- Vice Chair Carollo: Okay. Ms. Gouin: -- based on what they have proposed to do. Vice Chair Carollo: All right, so -- Ms. Gouin: So, it could be under a million dollars if they're not meeting all the requirements. Vice Chair Carollo: Well, the reason I'm asking that -- because as I was reminded during the break, there were statements that were made here that if they not -- if they do not receive the million dollars, they didn't want any of it, one. But second of all, you just said something that brings some additional questions now to bear. We're City of Miami Page 31 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 reimbursing them as they spend this money -- as they spend monies. In other words, they have to have money that they spent before we reimburse those expenditures. Ms. Gouin: Correct. Vice Chair Carollo: Is that what you said? Ms. Gouin: Yes. Vice Chair Carollo: And how do we know that whatever monies we 're going to reimburse them, they have in the bank, and they actually have spent? In other words, that they're able to spend it because they have it to spend. Ms. Gouin: If they're not able to spend it, they won 't be able to submit a reimbursement, and they won't be able to get reimbursed. Vice Chair Carollo: Well, but have you done any checking -- for instance -- let me backtrack. How are we planning on paying these dollars? Is there X amount that we 're going to pay at any one time or not? Is it going to be 250, 250, 250, and 250, or not? Or how will it be? Ms. Gouin: It could be as low as $10 as long as they submit a reimbursement. They have to submit information that -- they have to give us detailed information on what they spent. And then based on that, we reimburse them. We don't have a set -- let's say we're going to give them 250 a month, 250 every quarter. It's based on reimbursement. If they spent money and then they do measures and -- we do review the information that they submit on a monthly basis. Vice Chair Carollo: So, they -- Ms. Gouin: Whatever they submit -- Vice Chair Carollo: -- so, they could con -- Ms. Gouin: -- that's what we pay them. Vice Chair Carollo: -- they could be giving you stuff on a daily basis every day of the year, which it kind of in my mind, would be a nightmare for accounting instead of submitting expenses every X amount of days and then we review, and we pay. Ms. Gouin: We don't do it every -- we don't do it less than monthly. It has to be monthly. We don't do them weekly. It has to be monthly. Vice Chair Carollo: Okay, it has -- Ms. Gouin: We have an extensive agreement that actually tells them the date for them to submit it and all the information that needs to be submitted -- Vice Chair Carollo: Okay. Ms. Gouin: -- in order for them to be reimbursed. Vice Chair Carollo: Okay, so it's going to be at least on a monthly basis. Ms. Gouin: Say it again. Vice Chair Carollo: It's going to be at least on a monthly basis. City of Miami Page 32 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Ms. Gouin: Correct. Vice Chair Carollo: Okay, that's understanding now. At least we got that clear. But what steps have you taken to assure that they are going to have at least 100, 000, 100 plus thousand that they're going to need to be able to spend before you reimburse that? Do you know for a fact that they have funding from whatever source that they could spend monies in the first 45 days, which would be about 150,000, before they start getting our money? Ms. Gouin: We do not check to see how much money they do have in the bank, but we do -- they have to have their insurance in place. They got to make sure -- we looked at their corporation. There's a few background check we do do, part of the agreement. It's a really long, detailed agreement. Vice Chair Carollo: But excuse me, if I can for a second, and I apologize. It just seems that no matter how detailed, how long that number one issue that I think anyone would want to ascertain right off the bat, do they have sufficient dollars that they could waste in 45 days, maybe even 60 days, which means it'll be between 150, 200,000 before they submit, and the City pays. Now, even my office, dealing with the City, I know that it takes sometimes months -- if you're lucky, you get payments made in 45 days, 60 days. So, what I'm frying to establish is what investigation have we done in all these studies to make sure they have access to that kind of money to be able to make expenditures before we reimburse them. Ms. Gouin: In order for them to be reimbursed, they got to show us -- I would think that they would have the amount of the dollars that they need to spend. Vice Chair Carollo: Yeah, but -- Ms. Gouin: If that's one of the criteria, the requirements the Commission would like for us to do, we can -- Vice Chair Carollo: Well -- Ms. Gouin: -- and make that a stipulation of the agreement. Vice Chair Carollo: I -- I think that's essential that we have some proof by looking at a bank account, something that would show that they have the minimum amount of money, that they're going to be able to get this started. But you know -- Chair King: Commissioner, if I may. What the City has proposed is typical for all of the organizations, the CBOs (Community Based Organizations) that are in receipt of this money. I can tell you, as the former president/CEO (Chief Executive Officer) of MLKEDC (Martin Luther King Economic Development Corporation), we were recipients of grants and it was on a reimbursement basis, and we had to provide evidence that we spent the money exactly the way the contract required. So, we had to show receipts. I even had to provide my bank statements to show that the money was expended. You couldn 't do any cash -- you couldn 't do any cash expenditures. It had to be through your business account, either through check or your business card with the bank, your bank business card. So, I think the City has the checks and balances in place to make sure that the money that has been allocated is being spent properly. Vice Chair Carollo: Chair -- Commissioner Diaz de la Portilla: How long has this organization been in place? City of Miami Page 33 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Vice Chair Carollo: Hold -- hold on, hold on. Chair King: The Circle of Brotherhood? Commissioner Diaz de la Portilla: Yes. Vice Chair Carollo: If I may, before we get into that -- Commissioner Diaz de la Portilla: I'm sorry, I'm sorry, Commissioner. Vice Chair Carollo: -- just give me a second. Chair King: 20 -- 20 something years. Vice Chair Carollo: What the Commissioner -- what the Chair is saying -- Lyle Muhammad: Do I have permission to respond? Chair King: Come on. I believe the -- it's either 20 or 30 years. I'm going to say comfortably 20 years. Mr. Muhammad: The Circle of Brotherhood was officially incorporated as a nonprofit in 2014. Commissioner Diaz de la Portilla: So, it's not 20 years, so it's 8 years. Chair King: Okay, so -- Mr. Muhammad: Are there any other questions while I'm here you'd like to ask about the Circle of Brotherhood? Chair King: You said 2014? Commissioner Diaz de la Portilla: Sure, sure, so 2014, and have you ever received any government funding from any other entity ever? Chair King: Yes. Let me -- Commissioner Diaz de la Portilla: Well, which ones? Chair King: But I 'm just -- I 'm -- let -- Commissioner Diaz de la Portilla: I'm asking him. Chair King: And the reason why I said 20-ish years is because I've known Leroy Jones since I was an employee at Miami -Dade County, and I started with Miami - Dade County in 1993, and he was a -- '93, so that's how I dated -- how I go back to that date. And at that time, he was receiving -- through NANA (Neighbors and Neighbors Association) -- and I think the Circle of Brotherhood was -- you know, there's two separate entities, but it's NANA and the Circle of Brotherhood, and he received funding from Miami -Dade County for the organization NANA, which is why I said -- Mr. Muhammad: Yes, ma'am. Chair King: -- the time that I -- thank you. City of Miami Page 34 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Todd B. Hannon (City Clerk): Chair, if I could just have the speaker 's name for the record. Mr. Muhammad: Yes, Lyle Muhammad, executive director, Circle of Brotherhood. Yes, sir. Commissioner Diaz de la Portilla: How much government funding has the Circle of Brotherhood received since you were formed in 2014? Mr. Muhammad: I have to walk that backwards. I'll start with the latest DOJ (Department ofJustice) grant we received in October of this year of $2 million. Commissioner Diaz de la Portilla: Okay. Mr. Muhammad: $100, 000 from Everytown. Earmarked from the state legislation for 2 million, not all of that's coming directly to our organization. Funding -- well, let me Commissioner Diaz de la Portilla: How much is going to your organization? Mr. Muhammad: May I? Commissioner Diaz de la Portilla: Well, I know but you're saying $2 million -- Mr. Muhammad: Do you want me to --? Commissioner Diaz de la Portilla: -- to a -- Mr. Muhammad: One second. Commissioner Diaz de la Portilla: What the state -- Mr. Muhammad: One second, sir. Commissioner Diaz de la Portilla: -- no, no. This isn 't adversarial; it 's just a question. Mr. Muhammad: You didn't allow me to finish answering the first question. Commissioner Diaz de la Portilla: But I'm clarifying your answer. The $2 million that came from the state didn't go to your organization. The $2 million went to a number of organizations. How much did your organization receive of that $2 million from the state? Mr. Muhammad: About 800,000 -- Commissioner Diaz de la Portilla: Okay. Mr. Muhammad: -- will come to our organization. Commissioner Diaz de la Portilla: Okay, continue. Mr. Muhammad: What would you like to know now? I'm kind of -- Commissioner Diaz de la Portilla: Well, how much money have you received from government entities? City of Miami Page 35 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Mr. Muhammad: If you look at Employ Miami -Dade, Gimenez's number one employment program, since 2014, we received funding from there. Commissioner Diaz de la Portilla: How much? Mr. Muhammad: We received funding from the City before, an anti poverty grant. Commissioner Diaz de la Portilla: How much, how much? Mr. Muhammad: I'd have to go back and calculate how much money we received from Employ Miami -Dade since 2014. Commissioner Diaz de la Portilla: Okay. API (Anti -Poverty Initiative), how much for API? Mr. Muhammad: Sir? Commissioner Diaz de la Portilla: How much from API? Mr. Muhammad: Who 'sAPI? Commissioner Diaz de la Portilla: Anti -Poverty Initiative. You mentioned it, Anti - Poverty Initiative. Mr. Muhammad: I'd have to go back and check, but it's at least in the tens of thousands of dollars. Commissioner Diaz de la Portilla: Tens, okay. Anything else, any other --? Mr. Muhammad: There's plenty. I didn't know we had to come here to divest our financial portfolio today. Commissioner Diaz de la Portilla: Of course. If you're asking for money, you always have to divest your financial portfolio. Mr. Muhammad: Well, I -- Commissioner Diaz de la Portilla: I mean -- Mr. Muhammad: -- well, no other -- for the record, no other organization under the 2021 ARPA regulations Commissioner Diaz de la Portilla: That 's federal law. Mr. Muhammad: -- has been put through this, not one, except us. Commissioner Diaz de la Portilla: But they will be. Mr. Muhammad: But we don't mind. Commissioner Diaz de la Portilla: But they will be because we have to make sure we spend our resources correctly. Mr. Muhammad: It's too late because they're already -- they already were approved last January, remember? City of Miami Page 36 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: That's not what's happened, I remember. Mr. Muhammad: Okay. Commissioner Diaz de la Portilla: What's happened is they're asking us for specifics. Mr. Muhammad: Is there anything else you 'd like to know about the Circle of Brotherhood? Commissioner Diaz de la Portilla: I'd like to know how much money you've received from different governmental entities so we can make an informed decision on whether Mr. Muhammad: So, I've already named -- I've already named in excess three times the amount that this is for. Commissioner Diaz de la Portilla: Okay. Mr. Muhammad: So, this is really becoming what it is publicly, so we see you for what you are. Just make a vote on it, just make a vote on it. Commissioner Diaz de la Portilla: I'm not sure you want that. Mr. Muhammad: Excuse me, sir. Commissioner Diaz de la Portilla: I'm not sure you want that. Mr. Muhammad: You 're not sure I want that? Commissioner Diaz de la Portilla: Yeah. Mr. Muhammad: Now, that's on record, sir. Commissioner Diaz de la Portilla: Of course it's on the record. Mr. Muhammad: We're in the same position where we are. Everybody sees what's going on here, so we're going to -- Commissioner Diaz de la Portilla: Sure. Mr. Muhammad: -- tell you one more time, allow us to do what we do or just vote "no" and we'll continue to do it without you. Commissioner Diaz de la Portilla: Very aggressive. Commissioner Reyes: Madam Chair. Vice Chair Carollo: I haven't even been done yet. Chair King: Okay. Commissioner Reyes: Have you done -- because I have -- Vice Chair Carollo: No, no. Commissioner Reyes: -- I have a question that relates to -- City of Miami Page 37 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Vice Chair Carollo: You have questions, but I got a heck of a lot, and I had the floor. Commissioner Reyes: Okay, all right, then listen (UNINTELLIGIBLE). Vice Chair Carollo: No, the Chair wanted to bring him up, took some time; Commissioner Diaz took time, and I haven 't -- Commissioner Reyes: Well, that's -- but listen -- Chair King: Vice Chair. Commissioner Reyes: -- I'm sorry, I thought you had finished, okay. Vice Chair Carollo: No, no, no. Chair King: Vice Chair, go ahead. Commissioner Reyes: Okay. Chair King: Vice Chair. Commissioner Reyes: Go right ahead. Chair King: Go ahead. Vice Chair Carollo: What I was trying to ascertain, something very simple, that I don't need attitude from anybody. Commissioner Diaz de la Portilla: Of course not. Commissioner Reyes: I'm not giving you attitude. Vice Chair Carollo: No, no, no, I'm not talking about you, Commissioner. The -- it 's simple, something that should be one of the primary criteria that we have when we give these kinds of monies out, that it's only reimbursement, that they've got to spend out, and we're not talking about 20, 30, $50, 000, we're talking about a million dollars. Commissioner Diaz de la Portilla: That's a lot of money. Vice Chair Carollo: Simply, if we do anything to ascertain if they have sufficient dollars to cover a month, a month and a half, two months, before we could reimburse them for the first month. That would be somewhere between 150, 200, 000. That was my only question. Obviously, that wasn't done, you don't think it should be done, he 's upset that that's even being brought up here, but after all, it's only a million dollars. It's nothing. Let me go to the next one. It's a million dollars, unless they don't provide the evidence that they spend it, and we don't reimburse by the guidelines. Now, going to the assumption -- and this is what I think I have here -- that the million dollars is going to be spent, I have, in 18 months, amount that's put down on a six months entry, the first six months, the following, and the last, that, if I'm reading it correct, and you tell me if I am, please, it shows that in the 18 months where this money will be spent, there are 11 people, minimum, that will be receiving $646,500. There is an additional amount -- well, let me backtrack. In salary is $646,500 for these 11 people in their benefits, worker's comp, FICA (Federal Insurance Contributions Act), insurance, health (UNINTELLIGIBLE), that's another $135,251.22, for a total of salary and benefits of $781, 751.22 out of the million. City of Miami Page 38 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 There's an additional $123,000 for a subcontractor. I don't know how many people that entitles, but that's personnel. Am I correct in assuming that? Ms. Gouin: I don't know if it's personnel that they will be paying or they will be hiring people to do services, because they also -- Vice Chair Carollo: Well, but that's personnel -- Mr. Gouin: Okay. Vice Chair Carollo: -- ifyou have subcontractor, it's obvious you're hiring people. Mr. Gouin: Yes. Vice Chair Carollo: So, are we in agreement with that? That that's for additional people that they're going to subcontract for? Ms. Gouin: Because I know they plan on doing health services. The assumption would be that they'll probably be hiring experts to help them. Vice Chair Carollo: So, you're agreeing with my assumption -- Ms. Gouin: Yes. Vice Chair Carollo: -- that that's for additional people, for whatever it is. Ms. Gouin: Possibility, yes. Vice Chair Carollo: Okay. Participants (UNINTELLIGIBLE), that's another $45, 000. That's to go to personnel, paying someone a (UNINTELLIGIBLE). So, you have a total that's going to personnel, almost $950, 000. To be exact, $949, 751.22 out of a million dollars, that's going to personnel. This -- is this accurate or not, ma'am? You have the numbers before you, I would imagine -- Ms. Gouin: It's 781 plus the 123 you're adding together. So, about $900, 000. Vice Chair Carollo: No, 700 -- well, let's startfrom the top. Ms. Gouin: 781. Vice Chair Carollo: 781,751.22, which is for salary and benefits. 123,000 for subcontractor, and another 45,000 for participant (UNINTELLIGIBLE). I have $949, 751.22. Ms. Gouin: Okay. Vice Chair Carollo: Is that correct, my numbers? Ms. Gouin: Yes. Commissioner Diaz de la Portilla: So -- I'm sorry, so it's $949,751.22 out of the million that's going for personnel? Ms. Gouin: The personnel is -- the personnel cost, according to the report they've given, the salaries are $646,500. Commissioner Diaz de la Portilla: Okay. City of Miami Page 39 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Ms. Gouin: Their benefits is $135,251, which is a total payroll cost of $781, 751. Commissioner Diaz de la Portilla: Right. Chair King: If may. I have worked with the Circle, and we 've talked about this. They've worked with my chief of staff and that budget will be amended. They will not have -- the budget will not reflect that. We've worked with them. I believe, also, that that is not acceptable under ARPA to have X amount -- Commissioner Diaz de la Portilla: Of course not. Chair King: -- going toward salaries, but that they are going to -- they are going to amend the budget. Commissioner Diaz de la Portilla: Amend it in what way? In what way? Before we - Chair King: Because they -- Commissioner Diaz de la Portilla: -- vote for the million dollars -- Chair King: No, they have to submit their paperwork, and the paperwork that they're going to submit will be reflective of what the requirements are for this grant, correct, Brother Lyle? Commissioner Diaz de la Portilla: And what are the -- what are the -- Chair King: Correct, Brother Lyle? Mr. Muhammad: That's incorrect. Commissioner Diaz de la Portilla: Okay. Mr. Muhammad: The ARPA dollars, first of all, have been allocated for two specific reasons. One is to provide direct services during post pandemic. The other is to build the infrastructures of organizations that do this work, for example, like ours, who don't even have a staff. At the time this was developed, I am the only staff member that we have. So, in order for our organization to properly build its infrastructure, we put that proposal together and the reason why it already passed -- the same consultant that passed the other contracts and proposals that were done passed ours because it qualifies because it's helping us build the infrastructure along with applying direct services. For example, when Wal-Mart comes in to build a store, they have to hire people to run the store. They just can't have a store. So, I would say that the personnel that we have, right now we have a staff of one -- oh, we were able to hire someone in January, so now I have an administrative assistant. That's the only staff we currently have with our organization, and we've been doing this stand-up work without it, and what we put together, it qualifies for ARPA. Vice Chair Carollo: Well -- Chair King: Thank you. Vice Chair Carollo: -- I'm confused, Chair. I heard him say before that they have received several million dollars, and now, what I've heard is they have a staff of one and they just hired an administrative assistant recently. So, how did they spend that other money that he talked about here? I don't understand. City of Miami Page 40 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Mr. Muhammad: What 's your question? I could answer it. Vice Chair Carollo: Yeah. You had said before, sir, that you had received several million dollars -- Mr. Muhammad: Can you be specific, or did I say receiving? Vice Chair Carollo: Well, you led me to believe, from what you stated up here, that you had received substantial amount of dollars from government in one form or another, either directly or indirectly. Mr. Muhammad: Yes, sir. I can give you an example. Vice Chair Carollo: And what 1 don't understand is, and frankly, this really surprised me, is I figured you had an organization already that had different people in place. Now you're telling me that you've been the only person that's been on salary until you recently have just hired an administrative assistant. Mr. Muhammad: That's correct. Vice Chair Carollo: So, it has to come to mind, and for any logical, normal person to ask a question that where and how was the rest of the money spent? Mr. Muhammad: Let me help the logic. Let me help the logic. For example, under our County contract, where we do violence prevention work, the County provides us with roughly about $500,000 a year, but those are not employees of the Circle of Brotherhood. They're contracted persons who can only fulfill that scope of services. So, it is a miracle that we've been able to survive as an organization off of contracts that have locked in persons to only specific scope of services that have nothing to do with the running of the infrastructure of the organization. So, when I mentioned the $2 million DOJ (Department of Justice) grant, I think I did say October of last year. Have you ever rolled out a federal grant? So, you should know if you roll out a federal grant, we haven't seen a penny of that money yet. Vice Chair Carollo: Okay, so you haven 't received it is what you're telling me? Mr. Muhammad: We haven't received that particular piece I just spoke of the $2 million federal grant from the Department of Justice. Vice Chair Carollo: Okay, so it's not money that you received. So, that's clear. Mr. Muhammad: I can't understand what you're asking. Vice Chair Carollo: I said that it's not money that you had received, like I thought you had said before. You had not received that money. Mr. Muhammad: Well, unlike this money, it's already been allocated and we 're in the process of doing what you do to set up a federal government account. Vice Chair Carollo: Now, the other 800,000 that you said that you received -- Mr. Muhammad: That I said that we will receive. Vice Chair Carollo: Oh, okay. So, you didn't receive that either? City of Miami Page 41 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Mr. Muhammad: What I did, sir, if you were paying attention, because you asked me financial questions, I was walking you back in a chronological order of monies that we received, and it just so happened a few weeks ago that the state legislation earmarks came out, and through Frederica Wilson's office, the Circle of Brotherhood was listed as a $2 million earmark. But out of integrity, I was being clear, to let you know, $800,000 of that is delegated to the work that the Circle of Brotherhood does in violence prevention. The rest of it is to support organizations that do similar work. Vice Chair Carollo: And so let me ask the following question. When do you think that you will have, in your bank account, some of this money, so you can begin doing some of this work? Mr. Muhammad: We have that in our account now, sir, and I find that kind of insulting because again -- Vice Chair Carollo: I'm sorry, sir. Mr. Muhammad: -- because again -- Vice Chair Carollo: I'm sorry that you find it insulting. Mr. Muhammad: May I answer the question? We have more than a sufficient amount of funds in our bank account right now to cover any reimbursement that we could possibly get from the City of Miami. Vice Chair Carollo: Okay, so you're telling me that you have sufficient funding, and this is what I was trying to get to the bottom, I wish you would've said that early on. Mr. Muhammad: Well, everything that's been said is on tape, so -- Vice Chair Carollo: That you have sufficient funding and what do you think is the amount that you need to get reimbursed for any sufficient funding? Mr. Muhammad: I thought madam here answered it pretty well. A reimbursement can be for as low as $10 or as much -- now, in running these types of programs, what generally happens is you use the funds your organization has to implement a staff, because now you have an agreement that you have funding available. So, organizations like ours, for example, we may have monies that are directly allocated to a specific grant, but then there may also be funds that the organization has. For example, we participated in Give Miami Day, for the first time, $14, 000. That money is to be used at our discretion. We have other indiscretionary [sic] funds as any non- profit does that wants to maintain itself. We also have organizations like Everytown that understand that one of the biggest problems in us doing our violence prevention work, situations like this that cause gap funding. So, then they will provide services and that's why we're the only organization in the State of Florida to receive that grant. So, I don 't understand where the lack of clarity is coming from. This is normal business practice. Vice Chair Carollo: Sir, what's normal business practice is that if you provided something to the City that basically says that your expenses are going to be $100,000 a month, and I -- and she clarified that the City will wait 30 days before they calculate whatever expenses you gave within that 30 days, and knowing that the City will take, most likely, another 30 days to pay you, that you're going to be now into the second cycle of $100, 000 -- Mr. Muhammad: We can survive. City of Miami Page 42 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Vice Chair Carollo: -- that's at least -- Mr. Muhammad: (UNINTELLIGIBLE) we can survive. Vice Chair Carollo: -- that's at least a couple of hundred thousand dollars that you 're going to have to put up front before you see the first penny from the City. Mr. Muhammad: We're having business class now. Vice Chair Carollo: Sir? Mr. Muhammad: I said we 're in business class now? We have sufficient funds. Leroy Jones: Lyle, let me take it. Mr. Muhammad: Yes, sir. Mr. Jones: So, Commission, I think she said it clear that if we don't submit the documentation, we won't access the money and the City can take it back. Vice Chair Carollo: We 've heard that plenty of times already, I don't need to hear it again. That's a fact. Mr. Jones: Commissioner, I want to say this, though, with all due respect, though. Nobody else that has gotten this money has went through this. Nobody else. Nobody else been questioned about how much money they got, could they be -- do the reimbursement. Nobody else has been through this. Vice Chair Carollo: Well, look, I don't know if no one else has or not. Mr. Muhammad: You just -- Mr. Jones: But Lyle, Lyle, Lyle, Lyle. Vice Chair Carollo: I don't know how many people have received a million dollars or more, or close to it. Do we have a list of how many people have received that kind of money? How many organizations? Ms. Gouin: I think this says -- I'm trying to think. I don't think we 've done a million dollars. The last one -- the one that's on the agenda today is for the -- for 500, 000, and I can 't remember -- Center for Black Innovation. Vice Chair Carollo: Okay, so the -- Chair King: No, wait. Let -- Vice Chair Carollo: -- so the biggest one that we 're giving, by far then, is this one for a million dollars. Chair King: No. No. Vice Chair Carollo: Well -- Ms. Gouin: Oh, I take that back. Vice Chair Carollo: -- I'm asking. City of Miami Page 43 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Ms. Gouin: We did the Bakehouse. We did the Bakehouse -- Chair King: I supported the Bakehouse, and I gave them $3 million to shore up the artists loft -- Vice Chair Carollo: Right. Chair King: -- what was once the bakery. Vice Chair Carollo: Okay. So, outside of that one -- Commissioner Diaz de la Portilla: Capital. Vice Chair Carollo: -- this is the next one in line? Ms. Gouin: I'm frying to remember; I would have to get the list. Vice Chair Carollo: Okay. All right. Ms. Gouin: I know there 's one -- Vice Chair Carollo: You don't have to -- Ms. Gouin: Okay. Vice Chair Carollo: -- you know, do that right now. I just wanted to let them know that if we are looking at this, it's because it's a very large amount. Mr. Jones: So -- Vice Chair Carollo: And we haven't, at least with the exception of the one that the Chairwoman said, we haven't seen this come before us before and we all have fiduciary responsibilities to look at this. Now, what I've heard already is that what we 've been given that shows that 95 percent of the million dollars is going to go into personnel, salaries, expenses for people, for bodies, which is extremely high and it obviously, as was stated here, does not fall with federal guidelines for these kind of funding, so -- a high amount for personnel. So, my question has to be, can -- if they're going to provide something different, an amendment that they had agreed to, why didn't we get everything, with amendments, the way we should, the way that we have a right to be able to make decisions here, and looking at everything, why didn't we receive that prior to what we have here so we could see what amendments they're making, how much less they're going to provide in salaries -- Chair King: May I? In all fairness, they have not received the contract. What we 're doing here today is approving the allocation and then they will receive the contract from the City. The contract will sped the parameters, the guidelines, what is required, the documentation that they have to submit along with their executed portion of the contract, and then, the City will review it for the things that Maggie said, insurance, they have to show proof of insurance, they have to show proof of this, proof of that, they have to provide the budget -- Ms. Gouin: Outcome. Chair King: -- the outcome, the scope of services. They won't -- they won't know exactly what is needed until they receive the contract from the City that outlines these City of Miami Page 44 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Ms. Gouin: Parameters. Chair King: -- parameters, like insurance requirements, the scope of services. And often times, CBOs have to meet with staff because it can be a very daunting and challenging experience to make sure that they have all of the criteria that they need to get the executed contract. So, what we're doing here today is approving the allocation and then they have to do what they need to do to get an executed contract in order to be able to draw down on the money. Mr. Jones: So, what I want everybody to be clear, right, that everything that was required of us, that was asked for, for every department that had to approve it, they approved it. So, I just want to be clear that it was approved by every department. So, nothing that we submitted was not accepted. Everything had -- one little change that we had to make, and we made it, and it was approved, but based on the ordinance or the -- PH.7, based on it, we have to meet with the Manager's staff, come up with what's going to be accepted, what the scope and the budget, let the Manager and his staff approve it -- right? -- and then we begin our contract, ifI'm not mistaken. Ms. Gouin: Yes, because after this -- this is the first step, that the Commission approve it, then we have to work through the contract. Mr. Jones: So, Commissioner, like I know this don't have anything to do with our work in the community. It can't have anything to do with it. I know it don't have anything to do with us not having money because we've got the money to spend. We got the money to spend to be reimbursed. But regardless of how much money the contract is, if we can't spend the money, then we can't access it, and the money goes back to the City, so nothing is lost. Or if we do something that's not accepted under the contract, then we don't get reimbursed for it, so -- Ms. Gouin: And then it's not -- without cutting you off it's not going back to the City because we'll never give it to you. Mr. Jones: Right. Ms. Gouin: It'll be on a reimbursement basis. Mr. Jones: Yeah, what 1'm saying is -- Ms. Gouin: Okay. Mr. Jones: -- it's a reimbursement basis. If we spend the money and it's not accepted, then the City won 't pay for it. Ms. Gouin: Correct. Mr. Jones: And regardless of how much the money is, we still have to submit reimbursements to access the money and if we don't submit the reimbursements to access the money, then the money stays with the City. Ms. Gouin: Correct. Chair King: Thank you, Mr. Jones. Mr. Jones: Thank you. Vice Chair Carollo: I'm done for now. City of Miami Page 45 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Chair King: Commissioner Reyes? Commissioner Reyes: I'm done right now. I just wanted to clam what he just said. Chair King: Okay. Commissioner Reyes: That it is based -- this is like a -- there's a credit line with restrictions. If you don't spend it on this, you don't get it, you see? That -- I wanted to clan fy that. Chair King: So, prior to our recess I had a motion from Commissioner Reyes, I second it. Are we ready to vote on it? Commissioner Diaz de la Portilla: Yes. Chair King: Okay. Are we ready? There's a motion and a second. All in -- Vice Chair Carollo: Who made the motion? Chair King: Commissioner Reyes made the motion; I seconded the motion. Vice Chair Carollo: Why don't we have a roll call on this? Chair King: Okay. Mr. City Clerk, roll call. Mr. Hannon: Roll call on Item PH. 7. Commissioner Reyes? Commissioner Reyes: Yes. Mr. Hannon: Commissioner Diaz de la Portilla? Commissioner Diaz de la Portilla: No. Mr. Hannon: Commissioner Carollo? Vice Chair Carollo: This is very concerning to me. The answers that I've gotten from staff the fact that it's been made clear here that under ARPA -- and if that's not so, please correct me -- you cannot be giving out 95 percent of what you 're paying for personnel. Nevertheless, out of the million dollars, we have $950, 000 that's going to personnel. I'm extremely, extremely uneasy with this. Out of respect to the Chair, I'm going to vote for, but this is not something that 1 would normally vote for because I just see red flags everywhere and the City does not have the personnel to go through so many different accounts that they have to supervise and look at, and frankly, a lot of our personnel don't have the stomach to do what's right when they see things that are wrong. So, with that, I would vote a very unhappy yes. Mr. Hannon: Chair King? Chair King: Do you want to reconsider your vote? Commissioner Diaz de la Portilla: No. It's a no. Chair King: Yes. Mr. Hannon: The motion fails, 3-1. Chair King: Can we bring it back? City of Miami Page 46 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Kathy Suarez -Parks: May I speak? This is so wrong. Chair King: Public comment is over. Vice Chair Carollo: Chair, I know that the time that we had for public speaking is over and Ms. Suarez should've been here earlier, but ifI could, out of courtesy, to me, if we could give her just a quick two minutes, this one time only, so she knows that she's got to be here during the regular session. Kathy? Ms. Suarez -Parks: Thank you, Commissioner Carollo. It's not enough that my district has no representation. I've worked with these people. What they do is amazing. All they're asking for is to go to the first step. They have so much paperwork they have to get to go to the next step. We've approved two other projects with ARPA money in the West Grove to go on to the federal level that absolutely are questionable, and I'm more than happy to meet with you all. But an hour and forty -- and then to add insult to injury, an hour and forty minutes late for this afternoon is disrespectful. I wasn't even coming back, but to see Ms. King sitting there along, and Commissioner Reyes pacing back and forth -- and also, don't send me a Christmas card ever again. I'm not your constituent, and who paid for this, 45 cents apiece. We can't give Circle of Brotherhood -- Commissioner Diaz de la Portilla: I'll take you -- Ms. Suarez -Parks: -- money, but you sent me -- Commissioner Diaz de la Portilla: -- I'll take you off the list. Ms. Suarez -Parks: -- everybody a Christmas card. We're not your constituent. You make fun of what Ken Russell has done to us -- Commissioner Diaz de la Portilla: Ma'am -- Ms. Suarez -Parks: -- and you wanted to make even bigger fun of us -- Commissioner Diaz de la Portilla: No, no, no, I'm sorry. Vice Chair Carollo: Kathy, Kathy, Kathy. Ms. Suarez -Parks: -- by giving us a plastic surgeon, a resigned judge -- Vice Chair Carollo: Chair. Chair King: Thank you. Commissioner Diaz de la Portilla: I'm a City ofMiami Commissioner, ma'am. I'm a City -- Ms. Suarez -Parks: (INAUDIBLE). Chair King: Can -- Commissioner Diaz de la Portilla: No, no, Madam Chair, I'm sorry. I'm a City of Miami Commissioner, ma'am. I send Christmas cards to whoever I want. If you don't want one, I'll take you off the list. Vice Chair Carollo: We gave the -- City of Miami Page 47 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: But happy holidays, ma'am. Happy holidays. Ms. Suarez -Parks: (INAUDIBLE). Vice Chair Carollo: We gave the courtesy for you to speak on the issue. Commissioner Diaz de la Portilla: You were given a courtesy. Ms. Suarez -Parks: (INAUDIBLE). Vice Chair Carollo: On the issue. Commissioner Diaz de la Portilla: Enjoy it. Ms. Suarez -Parks: You were smirking at Brother Lyle, that was rude. Commissioner Diaz de la Portilla: Whatever. Ms. Suarez -Parks: You're rude. Commissioner Diaz de la Portilla: So are you. Ms. Suarez -Parks: (INAUDIBLE). Commissioner Diaz de la Portilla: Sure. Vice Chair Carollo: No good deed goes unpunished. Commissioner Diaz de la Portilla: Exactly. Ms. Suarez -Parks: (INAUDIBLE). Vice Chair Carollo: I'm sorry, Chair. Commissioner Diaz de la Portilla: Happy holidays. Ms. Suarez -Parks: (INAUDIBLE). Thank you, Commissioner King and Commissioner Reyes. [Later...] Chair King: I understand that there's -- I'd like to make a motion to reconsider PH 7. Commissioner Diaz de la Portilla: No, ma'am. No, ma'am. No. We're not going to do it today. We could come back and have a conversation about it when we come back in the next commission meeting, but I'm not doing that today. So, if you want -- you can reconsider, but I'm going to vote against it anyway. So. Chair King: Okay. Commissioner Diaz de la Portilla: Let's just go home. END OF PUBLIC HEARINGS City of Miami Page 48 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 RE.1 13100 Department of Procurement RE - RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID RECEIVED ON SEPTEMBER 28, 2022, PURSUANT TO INVITATION FOR BIDS ("IFB") NO. 1556387, FOR THE PROVISION OF FORKLIFT AND OTHER HYDRAULIC LIFTS MAINTENANCE AND REPAIR SERVICES, FROM THE APPARENT SOLE RESPONSIVE AND RESPONSIBLE BIDDER, JOBBERS' EQUIPMENT WAREHOUSE, INC., A FLORIDA PROFIT CORPORATION ("JOBBERS"), FOR IFB GROUP NOS. 6, 8, 9, 11, AND 14, ON AN AS NEEDED BASIS, FOR AN INITIAL TERM OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS CITY OF MIAMI ("CITY") USER DEPARTMENT ACCOUNTS AND SUCH OTHER VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, ALL 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-23-0053 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Chair King: Do I have a motion for the RE (Resolution) items? Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: I will -- only RE.1 and RE. 2, right, Madam Attorney? Everything else is -- Commissioner Reyes: Which one you said, sir? Victoria Mendez (City Attorney): Right. I think we're right now just doing RE.1 and RE. 2 because -- City of Miami Page 49 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: Right. So, I move RE.1 and RE.2. Chair King: Do I have a second? Commissioner Reyes: I second. Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. RE.1 and 2 have passed. RE.2 RESOLUTION 13254 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT SETTLEMENT MONIES THE CITY OF MIAMI ("CITY") HAS OR WILL RECEIVE PURSUANT TO THE CITY'S PARTICIPATION IN THE FLORIDA MEMORANDUM OF UNDERSTANDING ("MOU"), A UNIFIED PLAN FOR THE SETTLEMENT OF THE ACTION TITLED IN RE: NATIONAL PRESCRIPTION OPIATE LITIGATION, MDL NO. 2804 (N.D. OHIO) ("OPIOID LITIGATION"); CREATING AND ESTABLISHING A SPECIAL REVENUE FUND; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENTS AND/OR DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID OPIOID LITIGATION SETTLEMENT MONIES; DIRECTING THE CITY MANAGER, BY SEPARATE RESOLUTION, TO BUDGET, ALLOCATE, AND APPROPRIATE SETTLEMENT MONIES FOR APPROVED USES AS OUTLINED IN THE ALLOCATION AGREEMENT AND THE INTERLOCAL AGREEMENT, ALL SUBJECT TO THE CITY COMMISSION'S REVIEW AND APPROVAL OF A PLAN FOR THE ALLOCATION OF PROCEEDS RECEIVED FROM ANY AND ALL SETTLEMENTS RELATED TO ANY AND ALL OPIOID LITIGATION INVOLVING THE CITY AS REQUIRED BY RESOLUTION NO. R-21-0376 ADOPTED ON SEPTEMBER 13, 2021. ENACTMENT NUMBER: R-23-0054 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: For minutes referencing Item Number RE.2, please see Item Number RE.1. City of Miami Page 50 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 RE.3 13068 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE FOLLOWING CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY LOCATED AT 6300 NORTHEAST 4 COURT, MIAMI, FLORIDA, CASE NUMBER CE2018007981 RECORDED ON MAY 15, 2019, AFTER A HEARING AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIENS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. ENACTMENT NUMBER: R-23-0056 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Commissioner Diaz de la Portilla: And Madam Chair, if I may just ask the City Attorney. So, on the mitigation matters, RE.3, 4, 5, and 6, what's the issue there? We have to go one by one? Victoria Mendez (City Attorney): Right. So, they're quasi-judicial matters -- Commissioner Diaz de la Portilla: Right, I understand. That's it. Ms. Mendez: -- that you have to hear both -- you know, you need to hear the parties requesting the mitigation. Commissioner Diaz de la Portilla: Right. And do you want to do that now, Madam Chair? Chair King: Yes. Commissioner Diaz de la Portilla: Okay, so -- Chair King: We could take up RE.3 right now. Commissioner Diaz de la Portilla: I'll -- I move RE.3. Commissioner Reyes: Before we do anything, Madam Chair, I have a Jennings disclosure on RE.5 and 6, a Jennings disclosure. Okay, I mean -- Chair King: Okay, RE.3. Deanna Rasco (Senior Assistant City Attorney): Good morning. Deanna Rasco. This is a request from the property owner at 6300 Northeast 4th Court. This is a Code violation for work without a permit. They were to comply April loth, 2010. Unfortunately, the actual compliance wasn't until April 7th, 2022. They filed a City of Miami Page 51 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 complaint and there's mitigating circumstances. In their complaint, they stated that although the original compliance date was April 1Oth, 2019, they were in Boston with a minor child who was having heart surgery -- open heart surgery from July to October 2019. In November 2019, they were in foreclosure action and had no access to the property to cure the violation. Then in March -- they finally got access in March 2020, and of course, it was the pandemic. The finally got a final building permit July 2020. They thought that the matter had been cured. Unfortunately, building and final is not the same thing as an affidavit of compliance with Code. They did not know about the code enforcement lien until they went to renew -- to refinance to pull out funds to pay for the minor child's fourth surgery and is currently, I do believe, in the hospital at this time, and that's how they found out about this code enforcement lien. They're here today to request mitigation, and they have offered $29, 000 to cure -- to pay for this lien. Vice Chair Carollo: What is the full amount that's owed? Ms. Rasco: They about 3 -- Commissioner Diaz de la Portilla: 291. Ms. Rasco: -- it's $291,250. Commissioner Reyes: And that is RE what? Commissioner Diaz de la Portilla: 3. Ms. Rasco: That's RE.3. Chair King: RE.3. Commissioner Reyes: RE.3, okay. Chair King: Do some math because -- Commissioner Diaz de la Portilla: 10 percent. Chair King: -- it's in my district. It's actually more than that. This is my district, and there was a period where they cured the building violations and wasn't aware that you had to go to Code. And Building said to me that that is confusing, so we subtracted the days from when they cured the building to present. What would that number --? Commissioner Diaz de la Portilla: So, there's a difference, Madam Chair, what went Chair King: Yes. Commissioner Diaz de la Portilla: -- between the 200 -- Chair King: The two numbers. Commissioner Diaz de la Portilla: -- the 291,000 that had been assessed -- Ms. Rasco: Right. Commissioner Diaz de la Portilla: -- vis-a-vis what is actually -- after they -- that period -- City of Miami Page 52 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Ms. Rasco: Under their belief -- Commissioner Diaz de la Portilla: So, what's that number? Ms. Rasco: That number is -- ifyou bear with you, I apologize. Chair King: Hold on. I think I have it in my notes. Ms. Rasco: I should have -- I think we -- we figured 200 -- it would be -- 250 times 365 -- it would be roughly 91,000 less -- Chair King: Yes. Ms. Rasco: -- than the original outstanding lien, so it would be -- Commissioner Diaz de la Portilla: So, it'd be three -- yeah -- Ms. Rasco: -- like less than two -- Commissioner Diaz de la Portilla: -- 200, 000. Ms. Rasco: -- 200, 000. Commissioner Diaz de la Portilla: Yeah. Chair King: So, it's -- Commissioner Diaz de la Portilla: So, about 15 percent. Chair King: -- 291? Ms. Rasco: 291 is what's shown in CityView as the -- Chair King: Okay. Ms. Rasco: -- (UNINTELLIGIBLE). Chair King: Okay, and then we subtracted how much? Commissioner Diaz de la Portilla: 91. Ms. Rasco: Roughly, $91,250. Commissioner Diaz de la Portilla: So, 200. Chair King: Okay, so what I'm asking for the 29 falls at what percentage? Commissioner Diaz de la Portilla: 15. Ms. Rasco: It falls at 10 percent of the -- Commissioner Diaz de la Portilla: No, no, no, no, no. Unidentified Speaker: 10 percent. Ms. Rasco: -- full amount. City of Miami Page 53 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: The 229 -- Ms. Rasco: At 290. Chair King: Right. Commissioner Diaz de la Portilla: -- so it's 15 -- Chair King: No, but then we -- Commissioner Diaz de la Portilla: -- 17 percent. Chair King: -- added some because I came up with the number 29, and they've accepted that offer as 29,000. Commissioner Diaz de la Portilla: Okay. Chair King: And I think that's fair. Commissioner Reyes: 10 percent, that was it. Ana Rivera: Yes, good morning. Commissioner Diaz de la Portilla: I'll move it. Commissioner Reyes: I second it. Victoria Mendez (City Attorney): If we could just hear one second from the -- Commissioner Diaz de la Portilla: Okay. Ms. Mendez: Thank you. Ms. Rivera: Good morning. Ana Rivera, on behalf of 6454, address, 6300 NE 4th Court. I would like this -- during this morning to consider that the owners of the property are dealing with a medical need child that are currently in Houston trying to receive treatment for this child. I was told that the child when -- an o -- another open heart surgery recently in December, and their interest in refinance this property is because they want to pay all the medical bills that are still ongoing. I would ask you to humbly consider this payment to be at 29,000, and ifyou would consider if it could be either paid in a payment plan or at least 40 days from now, or at a minimum, at least 20 days. Chair King: I -- Commissioner Diaz de la Portilla: So, I'll amend my motion to allow -- Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: -- for a payment plan paid -- Commissioner Reyes: And I second it. Commissioner Diaz de la Portilla: -- over 40 days. Ms. Rivera: Okay. City of Miami Page 54 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 RE.4 13069 Office of the City Attorney Commissioner Diaz de la Portilla: Okay, the 29,000. Ms. Rivera: Thank you so much. Commissioner Diaz de la Portilla: And good -- Commissioner Reyes: And I'll second it. Commissioner Diaz de la Portilla: -- luck with the surgery, okay? Ms. Rivera: Thank you. Chair King: All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): As amended. Chair King: As amended. Commissioner Reyes: As amended. Commissioner Diaz de la Portilla: As amended. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE FOLLOWING CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY LOCATED AT 2199 NORTHWEST SOUTH RIVER DRIVE MIAMI, FL, CASE NUMBER CE2012017388 RECORDED ON AUGUST 11, 2016, AFTER A HEARING AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIENS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: Item RE.4 was deferred to the February 9, 2023, City Commission Meeting. City of Miami Page 55 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 RE.5 13266 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN FOR CASE NUMBER CE2018024764 ON PROPERTY ADDRESS 101 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AFTER A HEARING AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIEN; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. ENACTMENT NUMBER: R-23-0057 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Commissioner Diaz de la Portilla: RE.5, right? Commissioner Reyes: RE.5, RE.5. Victoria Mendez (City Attorney): And just to -- the Jennings disclosure is that you met with the applicant or -- for this mitigation, correct? Commissioner Reyes: Yes. Ms. Mendez: Thank you, Commissioner Reyes. Commissioner Reyes: Jennings disclosure. Chair King: Go ahead. Rachel Dooley (Senior Assistant City Attorney): Good morning, Madam Chair. Rachel Dooley, on behalf of the City Attorney's Office. RE.5 is a litigation pursuant to 20 -- 2-217 [sic]. This property is located at 101 Northeast 2nd Avenue. The nature of the violation is not a repeat violation. It's a violation for when they were changing the outside shutters for the buildings downtown so that they all had a not only safety but similar look to get rid of some of the blight. The property was cited. This is the old owner with the authority of the new owner appearing to handle this mitigation. The property was found guilty in 2019. The compliance date was not until September of 2023. The lien totaled out to $276,000 -- $276,750. So, the property value is assessed at 2.4 million. As I said, they are not a repeat offender and the violation at hand was for the -- to correct the out -- the exterior shutters on the commercial building. Commissioner Reyes: Yes, Madam Chair. Ms. Dooley: They have offered, I think, in the resolution -- not that it's approved by the CityAttorney's Office, but they're offer was in the resolution as it shows, $3,750. City of Miami Page 56 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Reyes: That's what I wanted to address. You see, we have been very generous trying to settle all this -- I mean, all the signs and reducing it a minimum of 10 percent. I don 't see why 'd we be -- it should be different here. You see, 10 percent is what we have been asking all along. Alfredo Gonzalez: Well, ifI may, I'd like to address it. My name is Alfredo Gonzalez. I'm an attorney with Gunster -- Commissioner Diaz de la Portilla: Well, before you start, I have a Jennings disclosure because Mr. Gonzalez spoke to me on the way coming into my meeting today on this issue, so I want to do a Jennings disclosure on RE. 5. Mr. Gonzalez: Again, my name is Alfredo Gonzalez. I'm an attorney with Gunster, offices at 600 Brickell Avenue, Suite 3500. And I don't quarrel with the facts of what the city attorney has stated. A couple of things. We did get legal notice. Legal notice was sent to our registered agent who had changed his offices and kept getting notices that were not given to our client, so there was a delay based on -- between legal notice, which we got, and actual notice, which we got much later. We'd like you to concentrate on your Section 2-817. That section says you look at the gravity of the violation. Well, in this case, we don't have a health safety issue. It's shutters that we 're talking about. Secondly, the code will have you consider if we are a repeat violator. We're not repeat violators. And lastly, the code requires that you examine the steps we take. And here I think I would like to point this out to you, and I know you will come to a fair conclusion for us, but the violation was corrected. Why did time go by? Well, our client started working on this at the end of 2019 when they actually had actual no knowledge of this. They hired an engineer. That engineer, three months later, we found out died. So, now we were behind the eight ball, but we were in the midst of the pandemic and the shortage of labor and everything else that went along with it, including the fact that in order to lift the hold on being able to procure a permit was a whole process. The City was working remotely and not as fast as it usually did, so even the permit took a long time to procure. So, I think that sets us a little different from other applications. We know that you have a protocol on these. Commissioner Reyes: Yes. Mr. Gonzalez: We would ask that you accept $10,000, which covers all of your costs and more as a mitigation of this matter. Chair King: I was just going to say Vice Chair. Commissioner Diaz de la Portilla: 276. Commissioner Reyes: 76. Vice Chair Carollo: 276 (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: Yeah. Vice Chair Carollo: Let me say this -- let me say this for the record that the 10 percent that my colleague mentioned, that has to depend on case by case, and counselor was quite right in bringing out certain facts that we should use to determine each case by case. Right at the top is life safety issues, next to repeated offenders. And repeated offender is very important because when you have people that are playing with our laws and they don't care -- they're wise guys in how they do things -- those people cannot be treated the same as every other normal resident that is up here on one issue for the first time. City of Miami Page 57 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Ms. Dooley: Yes. Vice Chair Carollo: And you know, that's why we have the ordinance that we have. Now, on this case, what counselor is offering is not even the 10 percent you mentioned. Commissioner Reyes: Yes. Vice Chair Carollo: So -- and I understand. I mean, look, there's no question in my mind that every case that we're going to have here, we're going to have to have, you know, napkins so people can cry in front of us all the way to the bank. That's the best way to get out of paying more. Now, I just can't, you know, come with $10,000 alone and especially something that's around 300, 000. Commissioner Diaz de la Portilla: Mr. Gonzalez, are there any life safety issues with the particular violation? Mr. Gonzalez: No, there are none. Commissioner Diaz de la Portilla: Is your client a repeat offender? Mr. Gonzalez: No. Commissioner Diaz de la Portilla: I think your offer of -- I think Commissioner Carollo's correct. It's got to be a case by case basis, so let's look at it quickly. Why are you offering $10,000 when you have a $276, 000 fine? Mr. Gonzalez: It's hard to come to a number. We all understand -- Commissioner Diaz de la Portilla: Well, how -- Mr. Gonzalez: -- that we are at fault here. Commissioner Diaz de la Portilla: -- how about if I give you one? $27, 000. Mr. Gonzalez: Well, if that's what the board decides, I think I -- we would live with that. Commissioner Diaz de la Portilla: If Commissioner Carollo and other and the rest of my colleagues agree. Vice Chair Carollo: I would agree to that. Commissioner Reyes: Yes, I do agree with that. Commissioner Diaz de la Portilla: Because of the mitigating factors that you're not repeat offenders, you're not -- there's no life safety issue here. You're talking about shutters, right? Mr. Gonzalez: Correct. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: So, $27, 000 and don't do it again, right? Mr. Gonzalez: Thank you, sir. City of Miami Page 58 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Madam Chair. Commissioner Diaz de la Portilla: I move $27, 000 for -- Vice Chair Carollo: Second. Commissioner Reyes: I'll second that, and I have to add this is a case that has -- I mean, it's cosmetic. It is nothing that it is no life safety issue. And I'm going to accept that because it is cosmetic. They determined it didn't -- doesn't look good in downtown, and then they took the shutters, but they were -- but they knew that they have to take the shutters off. But you have mitigating excuses, you see, a bunch of things happened while they were trying to cure the problem, and we also have to take that into consideration. I think that's a fair deal. Commissioner Diaz de la Portilla: Yeah, butt think Commissioner Carollo's correct, and everybody comes up here with -- Commissioner Reyes: Oh, yes. Commissioner Diaz de la Portilla: -- a different sob story, right? Commissioner Reyes: Yes, yes. Commissioner Diaz de la Portilla: Well, you know, it's kind of like, you know, the guy died three months into the whole thing started, whatever happened -- Commissioner Reyes: Yes, I -- Commissioner Diaz de la Portilla: -- you know, so you know, it's better -- Commissioner Reyes: -- I was in the hospital for six months, you see. I have heard that before. Commissioner Diaz de la Portilla: So, it's better if you just come up, you know, straight up and say, "Hey, you know, we did something wrong. It wasn't a -- but it wasn't a life safety issue. We're not repeat offenders. Everybody can make a mistake." That's a better argument I think for future reference than saying that somebody died because that's not going to influence our decision -making process here. Mr. Gonzalez: Unfortunately, those were the facts. Commissioner Diaz de la Portilla: I mean, we feel for every -- anybody that dies, obviously, but that's not the point we're dealing with here. We have to be very, you know, very by the law here in what we do. Mr. Gonzalez: I appreciate it. Chair King: So, I have a motion and a second. All in favor? The Commission (Collectively): Aye. City of Miami Page 59 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 RE.6 12883 Office of the City Attorney Mr. Gonzalez: Thank you. Chair King: Motion carries. Todd B. Hannon (City Clerk): As amended. Chair King: As amended. Commissioner Diaz de la Portilla: As amended. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE FOLLOWING CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY LOCATED AT 1010 SOUTHWEST 10 AVENUE, MIAMI, FLORIDA; CASE NUMBER 2020015082 RECORDED ON OCTOBER 28, 2020; CASE NUMBER 2015015087 RECORDED ON AUGUST 15, 2015; AND CASE NUMBER 2010005945 RECORDED ON OCTOBER 13, 2010, AFTER A HEARING AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIENS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. ENACTMENT NUMBER: R-23-0058 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Chair King: We have -- RE.6 is also a mitigation. Vice Chair Carollo: And this is in my district. Deanna Rasco (Senior Assistant City Attorney): Hello. This is the mitigation of property located at 1010 Southwest loth Avenue. By way of background, this matter was originally referred to our office for the collection of an unsafe structure when we filed a lawsuit. In addition, they had multiple lot clearing liens. We were ready to go to summary judgment. I need to step back. The property owner was deceased, and nobody was coming forward to manage or take care of the property. I spoke to one of the heirs and he said, I do not have the resources to handle this property at this time." We went ahead to file a motion for summary judgment to conclude the foreclosure action at which time we found out that there was another property located in Miami -Dade County, but outside the City of Miami, owned by the same violator. This -- what happens when you have that, there is a tax deed sale. At the tax deed sale, there was a surplus in which the City received $235, 574.61. The State can claim entitlement to that surplus on the property outside of the county -- outside the City because of Chapter 162 of the Florida Statute which has the building -- the ability to have these bleeding or cross -attaching liens, but only code enforcement 's liens, which City of Miami Page 60 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 were issued pursuant to 162 can be a bleeding cross -attaching lien. We took the money, and we credited the property owner for the three outstanding code enforcement cases $37, 000 each. At this point, they had requested mitigation of these three code enforcement liens for $37,000 each to be mitigated. They have also requested us to waive the special assessments. Unfortunately, Florida law does not allow us to apply cross -attaching lien monies issued pursuant to 162 to a special assessment. Special assessments are brought pursuant to a different statute which can only attach to the property on which the issue occurred, the work occurred, and that's what the property owner is -- Vice Chair Carollo: Did the special --? Ivis Sardinas: Okay, I have something to say. I'm sorry. Vice Chair Carollo: Hold on, ma'am. Ma'am, ma'am, hold on -- Ms. Sardinas: Okay. Vice Chair Carollo: -- for a second. You 'll have your turn. Thank you. Ms. Sardinas: Okay. Vice Chair Carollo: The special assessment is how much? Ms. Rasco: Roughly $50, 000. Vice Chair Carollo: Okay. Commissioner Diaz de la Portilla: 51. Ms. Rasco: $51,000. That includes -- Vice Chair Carollo: 51,000plus, right? Ms. Rasco: Yes. Commissioner Diaz de la Portilla: Yeah, plus. Vice Chair Carollo: Okay, and that's money that we've put out of pocket. Ms. Rasco: Correct. Vice Chair Carollo: So, at least that, we definitely got to get back because we put that out of pocket. Now, what is the full amount in all these properties that they presently owed. Ms. Rasco: I apologize. Vice Chair Carollo: The full amount -- Commissioner Diaz de la Portilla: The full amount that they owe. Vice Chair Carollo: -- in all properties. Victoria Mendez (City Attorney): There 's three liens. City of Miami Page 61 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Ms. Rasco: There's three liens. One lien is for $138,250, one lien is for $394,750, and one lien is for $860,000. Vice Chair Carollo: Okay. What is the full amount? Ms. Rasco: So, roughly, the full amount would be $1.4 million worth of liens. Commissioner Diaz de la Portilla: 1.4? Ms. Rasco: Yes. Vice Chair Carollo: Okay, approximately. Commissioner Diaz de la Portilla: Approximate. Vice Chair Carollo: Now, the monies that we collected out of the other property in the county -- Ms. Rasco: We 've credited 37,000 to each lien, so that's roughly -- Commissioner Diaz de la Portilla: Times 3, 111. Ms. Sardinas: They have collected 200 -- Commissioner Diaz de la Portilla: 37 times 3, right? Ms. Sardinas: Okay, they're not giving you the right numbers. Commissioner Diaz de la Portilla: No, no, they have collected 200 and something. Vice Chair Carollo: Yeah. Ms. Rasco: 260 -- $235, 000, we collected, but she's owned multiple properties -- Commissioner Diaz de la Portilla: Right. Ms. Rasco: -- so some of the money -- 76,000 -- was credited to property located at 4100 Northwest 3rd Avenue. The remaining was credited to outstanding code enforcement tickets on this particular property and an outstanding code enforcement lien which has since been satisfied in the amount of $100, 000. So, what was left to be credited to this account was 37,000 times 3, which would be -- Vice Chair Carollo: Okay, that -- Ms. Rasco: -- 120. Commissioner Diaz de la Portilla: 111. Vice Chair Carollo: Yeah, I'm not -- Ms. Rasco: Yeah. Vice Chair Carollo: -- quite clear on all that too, so let's have her identify herself and explain her side to us. Ms. Sardinas: Okay, my name is Ivis Sardinas and I'm the -- the owner of the property has been deceased for like five years, and the son, which is trying to try to City of Miami Page 62 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 probate the property, but with all these liens, he has not been able to do anything at all. Vice Chair Carollo: Okay, ma'am, ifI may, are you an attorney representing them or Ms. Sardinas: I'm sorry. Vice Chair Carollo: Are you a --? Ms. Sardinas: I have a power of attorney. Vice Chair Carollo: Okay, you have the power of attorney, okay. Ms. Sardinas: Yeah. Vice Chair Carollo: You're not -- Ms. Sardinas: I'm his realtor, actually. Vice Chair Carollo: Okay, all right, you're a realtor. Ms. Sardinas: So, basically, what happened was that they did obtain the $235,000 from the property in South Miami and the liens were $1, 525, 000; that's what they sent me as a appeal. But the problem was that he doesn't have any money. So, they wanted him to pay the assessment, you know, and then try to mitigate it. It took me six months to get here. Victor, he doesn't have any money. So, the $51, 000 assessment liens that they have, half of that is attorney's fees. And now what they're saying is that they have another property that they found that had liens and the lady had sold about 13 years ago, and there's a couple of liens there and they were filed after she had sold the house, so I don't know the validity of those liens. They just -- they popped that up a couple of weeks ago. And they have in the past -- because I have proof here, I have sent it to them in various occasions that they have the assessment liens on other cases. They have paid it with that money, with surplus money. They have paid it. I've showed them a case file. I sent copies to all of you. They have it, it's here if you want to see it. They don't want to do it in my case. It's okay if they don't want to do it in my case, they can just return $100,000 back to the Clerk of the Court so my client can claim his portion if they don't want to do it because they've done it before. And I have proof here I have sent it to them, and they keep denying it. It's been going on for two months. So, last night, I received an email from them saying that it was a mistake, that it was an error that they had claimed that those funds, but they didn't get paid. That's not true. They're lying because I have it right here in front of me. So, they don 't want to pay the assessment fees from the surplus, that's another story, but they've done it before. And that's all I have to say. Vice Chair Carollo: What say you, ma'am? Ms. Rasco: In response, first of all, the $51,000 does include attorney's fees, a guardian ad litem fee because nobody was coming to the City trying to resolve this matter. So, as part of the foreclosure action, you file the foreclosure action. You have to appoint a guardian ad litem, the judge does. We have to pay the fees for them to find the person, fry to bring them to the table to resolve this issue. He still didn't come to the table even after the guardian ad litem was hired. He didn't -- I told him he should hire an attorney to resolve this. There was no attorney hired. Vice Chair Carollo: The attorney -- City of Miami Page 63 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Ms. Rasco: As for the -- Ms. Sardinas: He didn't have any money. Vice Chair Carollo: Excuse me. The attorney's fees are for which attorneys? Ms. Rasco: Partly for our office. We 're entitled, pursuant to 17201, but also for a third party attorney that is required to be paid by us when we file a foreclosure. Ms. Sardinas: The (UNINTELLIGIBLE) fees were $3,600 because I have copies here. Vice Chair Carollo: All right. Ms. Rasco: Now, as to the one thing that she's discussing was a separate case, it's not related to this matter here, I told her erroneously we filed an affidavit for $1,000, roughly $1,300 in a different case not related to this matter. We were not paid for those liens on that proceed. Ms. Sardinas: Yes, you were. Ms. Rasco: No, I wasn't. Ms. Sardinas: Yes, you were. You want -- Vice Chair Carollo: Wait, wait, wait, wait. Ms. Sardinas: -- you want to see it right here? I sent it to you (UNINTELLIGIBLE). Commissioner Diaz de la Portilla: We 're not going to have it -- Chair King: Ma'am, ma'am, ma'am. Commissioner Diaz de la Portilla: Ma'am -- Chair King: Ma'am -- Commissioner Diaz de la Portilla: -- we 're not going to do that. Chair King: -- please. Ms. Sardinas: I'm sorry, I'm sorry. Chair King: We 're not arguing with each other. Okay, you were saying. Ms. Rasco: That was a mistake. We filed the appropriate affidavit under a different number under a different tax deed and we were paid for those liens under a different tax deed. Neither one of these tax deed sales that she's discussing relates to her particular property here before the court -- before the Commission today. Chair King: When I stepped out, Vice Chair, what's the offer? Vice Chair Carollo: Well, I'm frying to figure out on the 200 -- Ms. Rasco: 35. City of Miami Page 64 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Vice Chair Carollo: -- 35,000 that they got, how -- this is what I really don't understand. How was that applied? You got that from another property, which frankly, we should be doing more than that. And -- Ms. Rasco: I'm so sorry. I can't hear you. Ms. Mendez: So, Commissioner, 01 can -- Vice Chair Carollo: But -- hold -- Ms. Mendez: -- ifI could clam the second. Vice Chair Carollo: Yeah. Ms. Mendez: The $235, 000 that we got as surplus monies because, as you know, code enforcement liens attach to a real and personal property owned by a violator. Vice Chair Carollo: Yeah. Ms. Mendez: So, this extra $235, 000 in surplus that we got from a property that was sold, that was attributed to the three liens that we have that it's about 1.4 million. We did 37, 000 for each of the liens, so we applied 37,000 to the $138, 000, 37,000 to the $394,000, and 37,000 to the $860,000 lien. Then we had other properties in the City of Miami that also had liens and we applied certain monies to those. Commissioner Diaz de la Portilla: The same owner? Ms. Rasco: Same owner. Ms. Mendez: All same owner. So -- Commissioner Diaz de la Portilla: How many properties does this person have? Ms. Rasco: There's one other property, which was located at 4100 Northwest 3rd Avenue. Commissioner Diaz de la Portilla: How many properties does the person have -- own? Ms. Rasco: Three. Commissioner Diaz de la Portilla: Three, okay. Ms. Rasco: As far as I know, as far -- Commissioner Diaz de la Portilla: What's the total -- Ms. Rasco: -- had code issues. Commissioner Diaz de la Portilla: What's the total value of those three properties? Ms. Rasco: I don't have the total value, I apologize. One is in -- Commissioner Diaz de la Portilla: You have a property -- Ms. Rasco: -- South Miami. I don't know the value of 6126. City of Miami Page 65 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Ms. Sardinas: South Miami property was sold in an auction for 10 -- 310, 000. Commissioner Diaz de la Portilla: Okay, hold on, hold on. Let me -- I'm talking to her. I'll get back to you, don't worry. Ms. Sardinas: Okay. Commissioner Diaz de la Portilla: I'm sorry, Commissioner Carollo, were you finished? Vice Chair Carollo: Go ahead. Commissioner Diaz de la Portilla: I just want to ask her a couple of things. Vice Chair Carollo: Go ahead, yeah, go ahead. Commissioner Diaz de la Portilla: So, three prop -- how many properties in the City of Miami is our concern here right now. South Miami is not -- Ms. Rasco: Well -- Commissioner Diaz de la Portilla: -- the City. Ms. Rasco: -- once you have a code enforcement lien, it attaches to all the properties. Commissioner Diaz de la Portilla: Yeah, it attaches to all your prop -- all the properties, correct. Ms. Rasco: All the properties. Now, the property located at 4100, which is not -- which is another property owned within the City, she was the owner at the time of the violation. It's now owned by some third party. I don't know how they sold it, but it -- she was named the owner, so that's why we credited those code enforcement liens on the 4100. So, we credit -- Commissioner Diaz de la Portilla: And the lien carries -- is carried by the -- Ms. Rasco: It -- those -- Commissioner Diaz de la Portilla: -- previous owner obviously. Ms. Sardinas: That's incorrect. Ms. Rasco: Well, it's still on the property. Ms. Sardinas: That's incorrect. Ms. Rasco: It's still on the property. Commissioner Diaz de la Portilla: The same owner keeps the lien, right? Ms. Rasco: Well -- Commissioner Diaz de la Portilla: Or no? Ms. Mendez: It depends. It attaches to all real and personal property owned by the violator. If it was that owner, it attaches to everything. So, when you start -- unless it 's foreclosed on and wiped out -- City of Miami Page 66 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: So, if you sell one, it attaches to the other one. Ms. Mendez: It'll attach until it's either wiped out or the new owner pays -- Commissioner Diaz de la Portilla: Pays. Ms. Mendez: -- for the liens or takes it subject to some sort of title exception. Commissioner Diaz de la Portilla: So, just one final -- Ms. Mendez: But -- Commissioner Diaz de la Portilla: So, one final question, the three -- the three properties, nobody has a value in those properties? Ms. Rasco: Only the one that we're here today. Commissioner Diaz de la Portilla: Because if we have 1.4 million, right, more or less? Ms. Rasco: Right, but today we 're here for this property valued at 10 -- Commissioner Diaz de la Portilla: I know why we're here. I just -- I kind of -- Ms. Rasco: No, I was going to give you that value, sir. Commissioner Diaz de la Portilla: I want to see the whole picture. Is this a repeat violator? Is this someone that has the ability to solve property and pay the City what it -- what it's owed? Who this person is? So -- Ms. Sardinas: The lady -- Commissioner Diaz de la Portilla: -- I like to see the entire picture to see what's fair and what's not fair. Before I make a decision on what's fair and what's not fair, I want to see what this person owns, what he owes, or she owns. Ms. Sardinas: The lady passed away five years ago. Commissioner Diaz de la Portilla: So, who owns it? Ms. Sardinas: Nobody owns it. She only owns the ones that here -- the 1010, the -- Commissioner Diaz de la Portilla: If she passed away, how can she own anything? Ms. Sardinas: She passed away, but it -- there -- it has not been probated, so that's what I'm trying to do. Commissioner Diaz de la Portilla: So, you're in probation. Ms. Sardinas: Exactly. Commissioner Diaz de la Portilla: You're in probate right now. Ms. Sardinas: I'm frying to get the -- exactly. Commissioner Diaz de la Portilla: Yeah. City of Miami Page 67 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Vice Chair Carollo: How long ago did she die? Ms. Sardinas: I'm sorry? Vice Chair Carollo: How long ago did she die? Ms. Sardinas: Five years. Vice Chair Carollo: Huh? Ms. Sardinas: Five. She died about five years ago. Commissioner Diaz de la Portilla: And who -- Vice Chair Carollo: Three years ago. Commissioner Diaz de la Portilla: -- inherited the property? Ms. Sardinas: Huh? Commissioner Diaz de la Portilla: Who inherited the property? Ms. Sardinas: Well, nobody yet, but she got -- he has -- she has two heirs, but one of them, she's nowhere to be found; she's missing. And it's the sister of the person that 1 know, and that's why I'm here for him. And so, you know, I'm just frying to mitigate the liens and see if we can get it because the lady lost the other property in a tax auction, the one that they got the money from. Commissioner Diaz de la Portilla: This is what we say in Spanish. (Comments in Spanish not translated). Commissioner Reyes: Yeah. Ms. Sardinas: Exactly. (Comments in Spanish not translated). Commissioner Reyes: Yes, it is. Commissioner Diaz de la Portilla: (Comments in Spanish not translated). Vice Chair Carollo: But it's a little more than that because -- Ms. Sardinas: It's a big one, right. Vice Chair Carollo: -- now, you know, my minds are -- Commissioner Diaz de la Portilla: Right. Vice Chair Carollo: -- you know, going into different areas, wondering who really wants to end up with this property and who 's really going to get the break. Is it going to be the poor son that was left that don't have any money? I don't think he'll be the one. I just heard that the other daughter can't be found, so it's starting to change my feelings. I'm inclined to go -- Ms. Sardinas: Really, to -- City of Miami Page 68 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Vice Chair Carollo: -- a certain way now. To our Assistant City Attorney, this liens were for unsafe structure? Ms. Rasco: Unsafe structures, lot clearing. Ms. Mendez: The 51,000 that we 're trying to collect in special assessment were for unsafe structures. Ms. Rasco: Well, half of it is attorney's fees -- Vice Chair Carollo: The -- Ms. Rasco: -- like I said. Vice Chair Carollo: -- the other amounts are for what if they're not unsafe structure also? Ms. Mendez: Code. Ms. Rasco: Unsafe structure, lot -- multiple lot clearing liens. Nobody was maintaining the lot from 2018 until just recently. Vice Chair Carollo: Okay. Ms. Rasco: So, there were numerous lot clearing liens on the property. Vice Chair Carollo: And we were paying for those? Ms. Rasco: Yes, yes. The special assessments are what we pay -- Vice Chair Carollo: Right. Ms. Rasco: -- out of pockets. Ms. Sardinas: Special assessment -- what they paid is the -- close to 20,000. That 's what they paid. Vice Chair Carollo: But what I'm trying to figure out is the 1.4 million right now that is owed. How much of that is for unsafe structure versus clearing lots or anything else? Ms. Rasco: 1.4 is just code enforcement liens. Vice Chair Carollo: For what? Ms. Rasco: And the three violations were -- Vice Chair Carollo: Yeah. Ms. Rasco: -- failure to maintain a lot in a safe, clean condition -- Ms. Sardinas: Overgrown grass. Ms. Rasco: -- failure to register a vacant lot -- Vice Chair Carollo: But the -- City of Miami Page 69 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Chair King: Ma'am, ma'am, please let her speak. Ms. Sardinas: Sorry. Vice Chair Carollo: Yeah, but -- Chair King: Stop interrupting her. Vice Chair Carollo: -- but the 1.4 -- Ms. Mendez: It's code liens, Commissioner. They're just code liens per -- the 51,000 is unsafe structures, lot clearings, special assessment liens. Vice Chair Carollo: Code liens -- Ms. Mendez: The 1.4 is code liens like the -- Vice Chair Carollo: For what? Ms. Mendez: -- ones that run per diem. Vice Chair Carollo: Yeah, right, but code liens for what is what I'm trying to ascertain. Ms. Rasco: Three. Ms. Mendez: For overgrown grass, which is not maintaining the lot in a safe condition because it was abandoned. Vice Chair Carollo: Right, okay. Ms. Mendez: And then there were a few more -- or there 're two more. Ms. Rasco: What typically happens with -- Commissioner Diaz de la Portilla: What are they? I think that's important. What are the two more? Ms. Mendez: What are the --? Ms. Rasco: There 's one code enforcement case for failure to maintain the lot. Commissioner Diaz de la Portilla: Okay. Ms. Rasco: One is failure to maintain the vacant structure. And one is for failure to maintain the lot. The way code enforcement typically works is we cite them when the prop -- there was an unsafe structure there for multiple years, and there was debris and what have you. So, we normally go through the code enforcement route first before they go through the unsafe structure. Commissioner Diaz de la Portilla: Was it debris or was it grass? Ms. Sardinas: Grass. Commissioner Diaz de la Portilla: No. Ms. Rasco: I couldn't -- I -- I -- City of Miami Page 70 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: Do you know? Do you have a picture? Ms. Rasco: I defer to the Code Enforce -- I don't. Commissioner Diaz de la Portilla: There 's a difference in overgrown grass and people throwing stuff out there and debris and -- Ms. Rasco: I do know there was an unsafe structure there the entire time there. So, what debris was coming from the unsafe structure I'm assuming. Commissioner Diaz de la Portilla: Things were falling from the building? Oh, you think -- Ms. Rasco: If we demolished it -- Commissioner Diaz de la Portilla: -- or you know? Ms. Rasco: -- if we demolished it, it was in bad condition. Commissioner Diaz de la Portilla: Okay, tell me. Robert Santos-Alborna (Director, Code Compliance): I'll just be very brief. Commissioner Diaz de la Portilla: This is your district, Commissioner. Mr. Santos-Alborna: Good morning, Commissioners. Commissioner Diaz de la Portilla: I mean, you let me know what you want to do but - Mr. Santos-Alborna: I'm Robert Santos-Alborna. I'm the Code Compliance Director. So, the question is -- for point of clarification, we have 14 cases for code in which we were involved directly in maintaining. So, the violation per se is failure to maintain the lot in a safe clean condition. There may be times there was overgrowth only, and there may be times there were -- was overgrowth and debris. So, 14 different violations that were active in the system, multiple of them are -- have associated liens. And as M. Rasco said, there's the unsafe structure. But all together of the history of this property, 27 cases, 14 of which were active in which the City was involved in taking corrective action. Vice Chair Carollo: Well, I'm -- Mr. Santos-Alborna: Now, they were not cited as repeat -- as recurring violations. Vice Chair Carollo: Right. Mr. Santos-Alborna: During this period -- Vice Chair Carollo: Right. Mr. Santos-Alborna: -- we could have, we should have, but that wasn 't in place yet. Commissioner Diaz de la Portilla: And the owner died -- Vice Chair Carollo: Well, I -- City of Miami Page 71 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Mr. Santos-Alborna: Yes. Commissioner Diaz de la Portilla: -- five years ago. All of these happened within the last five years after the owner died? Vice Chair Carollo: Yeah. Mr. Santos-Alborna: I'm going to tell you the first case that I have. It goes back to 2010, from 2010 through 2000 -- Commissioner Diaz de la Portilla: Okay, so there were violations before the owner died. Mr. Santos-Alborna: Before and after. Commissioner Diaz de la Portilla: So, he had a history of that. Mr. Santos-Alborna: Before and after. Commissioner Diaz de la Portilla: And after, yeah. Vice Chair Carollo: All right. I'm feeling generous today, so this is where I'm heading. Ms. Mendez: Commissioner, can you talk a little closer to the mic? Vice Chair Carollo: Yes. I said this is where I'm heading on this one because I don't have any elderly lady or couple that are here crying. What I have is someone that could inherit this, but he doesn't have the money, so it's clear to all of us someone's going to buy that off of him for a penny on the dollar if that daughter can't be found. So, there are others that have a lot more interest in this than any lost family member or found family member. We've gotten some money already and there's about 1.4 -- is it 1.4? Give me the exact amount. Just add up those. I hate in things of this sort to go off with an estimated amount. The three amounts that are owed, Mr. Code Director, can you add them up to see what it comes to exactly to? Mr. Santos-Alborna: So, I can get you the separate amounts, Commissioner. Vice Chair Carollo: No, combined, combined. Commissioner Diaz de la Portilla: She has them. Mr. Santos-Alborna: She has them. Commissioner Diaz de la Portilla: 138,250, 394,750 -- Vice Chair Carollo: Yeah, ifyou could add them up -- Commissioner Diaz de la Portilla: -- and 860. Vice Chair Carollo: -- to see what they are. Commissioner Reyes: 860. Commissioner Diaz de la Portilla: So add those three up. Mr. Santos-Alborna: What I have is the exact is $1,415,011.88. City of Miami Page 72 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Vice Chair Carollo: That's what want, $11 -- Ms. Mendez: Say that again, one million -- Vice Chair Carollo: 415,011 -- Mr. Santos-Alborna: $11 with 88 cents. Vice Chair Carollo: 88 cents, okay. Ms. Mendez: So, we were telling you 1.4, Commissioner. We weren't far. Vice Chair Carollo: Well, there's more. Somehow, I knew it was going to be more than that, and that's why I asked to get the exact amount. I'm going to go with the 10 percent that we've all been talking about, plus our 51,000, whatever it is -- Commissioner Diaz de la Portilla: About 200. Vice Chair Carollo: -- that we have invested in that. So, it will be -- Commissioner Diaz de la Portilla: 141 plus 51. Vice Chair Carollo: 141 and change. Commissioner Diaz de la Portilla: And change, yeah. Vice Chair Carollo: Yeah, just -- Commissioner Diaz de la Portilla: 88 cents. Vice Chair Carollo: Well, let me -- Commissioner Diaz de la Portilla: Let's not forget the 88 cents. Vice Chair Carollo: Yeah, let me give you -- so we could be exact. Chair King: 141, 501. Vice Chair Carollo: 141,000 -- Chair King: 501. Vice Chair Carollo: -- 501 -- Chair King: 18 --19 cents. Vice Chair Carollo: -- 19 cents, okay. So, the 10 percent would be 141,501.19. Commissioner Diaz de la Portilla: No -- yeah, plus the 51,000. Vice Chair Carollo: Plus the 51,000. Commissioner Reyes: Plus the 51, so 192. Commissioner Diaz de la Portilla: Right. City of Miami Page 73 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Vice Chair Carollo: What is the 51,000, the exact amount? Ms. Rasco: It changes every day because we charge 8 percent interest -- Commissioner Reyes: That's right. Ms. Rasco: -- and this is a -- this has been since -- Commissioner Diaz de la Portilla: What is it today? Ms. Mendez: Well, you could cap it at today. We'll cap it at today, so what is that? Ms. Rasco: We 'll cap it at today. Vice Chair Carollo: Okay, what is -- Ms. Mendez: So that's -- Vice Chair Carollo: -- the amount today? Ms. Mendez: 51,000 is -- Commissioner Reyes: 51,000. Ms. Mendez: We'll cap it at -- Ms. Rasco: 51,019.64. Commissioner Reyes: 192, 000. Vice Chair Carollo: 19.54. Commissioner Reyes: Yeah. Vice Chair Carollo: So, combined that is -- Commissioner Reyes: 192. Vice Chair Carollo: -- $192,520.73, and that will be my motion. Commissioner Diaz de la Portilla: I'll second that, and we will just take a second look at the math because I do trust Commissioner Carollo 's math, but I want to make sure that we get it down to the specific amount that is 10 percent of the total owed on the 1.415 plus million, plus the 51,000, right, whatever that number is, right? Ms. Rasco: Correct. And -- Commissioner Diaz de la Portilla: All right. So, I'll second that on that contingency that we make sure the math is done. Ms. Rasco: My only question is, is we have a -- it normally is required to be paid within 20 days. Are we going to still require the payment in 20 days? Commissioner Diaz de la Portilla: You want to do 40 days to be -- are you in a generous mood, Commissioner Carollo, today to give them 20 extra days or not? Vice Chair Carollo: We -- I think we're going -- City of Miami Page 74 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: It's your district. Are you in a generous mood? Vice Chair Carollo: We'll cut that in half, 30 days. Commissioner Diaz de la Portilla: All right, 30 days, all right. Ms. Rasco: Okay. Commissioner Diaz de la Portilla: Somewhat generous, so 30 days. Ms. Sardinas: I'm sorry. I'm not understanding what's happening. Commissioner Diaz de la Portilla: You have to pay about $192,000 in 30 days. Ms. Sardinas: Okay, but they have 235. They have $235, 000, so how 's that going to work because she's saying that she cannot pay the $50,000 of special assessment. That's one of the reasons I'm actually here. So, they have $235,000 in their possession since September 1st, okay. Ms. Mendez: Right. So, I guess -- and this is -- Commissioner Reyes: Could -- Ms. Mendez: I'm sorry. We 've been talking past each, so I just need her to understand. Ms. Sardinas: Okay. Ms. Mendez: The $235,000 has already been distributed about -- amongst all the liens that were owed on all these properties. I know you're going to do disagree. We will agree to disagree. Ms. Sardinas: Okay. Ms. Mendez: So, that -- forget that money. That money is -- Ms. Sardinas: I'm not going to forget that money -- Ms. Mendez: Okay, then -- Ms. Sardinas: -- because -- Chair King: Ma'am, ma'am, ma'am, please -- Ms. Mendez: -- just for purposes of today's hearing -- Chair King: -- let her finish. Let her finish. Ms. Mendez: For purposes of today's hearing, you have to forget that money, okay. What the Commission is considering is the $141,000 -- it'll be in an order -- but the $141,000 -- Chair King: 501.19. Ms. Mendez: -- 501.19 -- City of Miami Page 75 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Chair King: Plus 51 -- Vice Chair Carollo: 10 percent of what is outstanding. Ms. Mendez: Right, that -- Commissioner Diaz de la Portilla: Plus the 51. Ms. Mendez: -- plus the $51, 000 -- Ms. Rasco: Right. Commissioner Diaz de la Portilla: Whatever that amount is, the exact amount. Ms. Mendez: -- up to today, the 51,000 that is owed in special assessment liens and that that amount needs to be paid in 30 days. Commissioner Diaz de la Portilla: Correct. Ms. Sardinas: Okay, so I -- that's not -- is going to be possible because, first of all, the owner, like you know, she's deceased, and we need to probate the case. So, I'm going to need at least 90 days -- Vice Chair Carollo: Well, I -- Ms. Sardinas: -- for the $50, 000. Vice Chair Carollo: Madam Assistant City Attorney, do you have for us what the County assessed the value of these properties at? That doesn 't mean that 's the value. Whatever the County says -- Commissioner Diaz de la Portilla: Right. Vice Chair Carollo: -- is much higher, much higher. Ms. Rasco: Right. This particular property was $300, 736. Vice Chair Carollo: But there's three properties, right? Ms. Rasco: Right. Commissioner Diaz de la Portilla: Right. Ms. Rasco: The other property, the 6126, was 220,000 assessed for. Vice Chair Carollo: That 's 600,000 we 're at. Ms. Rasco: And then the last property -- I was looking that up, I apologize -- was assessed for $266, 633. Vice Chair Carollo: So, we're -- Commissioner Diaz de la Portilla: About 900. Vice Chair Carollo: -- at the County's assessment, close to 900,000. Commissioner Diaz de la Portilla: Yeah. City of Miami Page 76 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Ms. Rasco: Right. Vice Chair Carollo: Which means that, in the real world -- Commissioner Diaz de la Portilla: 1.5. Vice Chair Carollo: -- it could be 1.5, maybe even 2 million more. Commissioner Diaz de la Portilla: Yeah. Ms. Sardinas: But those properties -- Vice Chair Carollo: So -- Ms. Sardinas: -- are -- they lost them. They don't -- they didn't get any money from that property. They only have one property left -- Chair King: Ma'am, ma'am. Ms. Sardinas: -- which is this one. Chair King: Ma'am. Ms. Mendez: If the Commission is inclined and in order to address the realtor 's issue, the other thing we could do is that we do this based on an order. And when she sells the property and goes through probate, which is what probate's going to do, then that money is due and owing to us and then -- Vice Chair Carollo: I have no problem -- Ms. Mendez: -- she can agree to that -- Commissioner Diaz de la Portilla: That 's what we'll do. Ms. Mendez: -- in the summary judgment that is occurring in our case. Ms. Rasco: It has to be a settlement agreement. Commissioner Diaz de la Portilla: So -- Vice Chair Carollo: Yeah. Ms. Mendez: We agree to all this as a global settlement, and when she sells the property -- Commissioner Diaz de la Portilla: They pay us. Ms. Mendez: -- she pays us. Commissioner Diaz de la Portilla: Yeah. Vice Chair Carollo: Yeah. Ms. Mendez: It'll be a recorded, you know -- Commissioner Diaz de la Portilla: That 's fine, yeah. City of Miami Page 77 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Ms. Mendez: -- document -- Vice Chair Carollo: That's fine. Ms. Mendez: -- settlement and all that. Vice Chair Carollo: That's fine. Commissioner Diaz de la Portilla: I'll move that. Chair King: So, we 're going to add that as an amendment. Commissioner Diaz de la Portilla: As amendment to -- Ms. Mendez: Yes. Commissioner Diaz de la Portilla: -- well, I know it's his motion. Vice Chair Carollo: Yeah, it's accepted. Commissioner Diaz de la Portilla: And I'll second it. Vice Chair Carollo: What I don 't understand is why has it taken so long to probate this. Ms. Sardinas: I'm sorry, to probate? Vice Chair Carollo: Yeah, it's a long time. Ms. Sardinas: Well, I'll tell you why. The -- like I told you, previously, his -- there 's only two siblings. This person, his sister -- he doesn't know where she is. She's been missing for years. They've been trying to get ahold of her to serve her as well. And so, he 's the only one. And you know, I reached out to him actually for the surplus, and that's how we -- Commissioner Diaz de la Portilla: Does he have the ability to sell it? Does this person that you're representing today or you're friends with -- Ms. Sardinas: I have a power of attorney for him. Commissioner Diaz de la Portilla: Do you have the power of attorney --? Ms. Sardinas: He works nights -- night shifts. Commissioner Diaz de la Portilla: No, no, that's irrelevant. Commissioner Reyes: You have a -- Commissioner Diaz de la Portilla: Does he have the power -- does he have the power to sell it? Ms. Sardinas: He doesn 't have the power to sell -- Commissioner Reyes: Yet. Ms. Sardinas: -- or to -- City of Miami Page 78 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Ms. Mendez: That's why it has to go through probate. Ms. Sardinas: He doesn't have the -- Commissioner Diaz de la Portilla: I'm sorry, what? Ms. Mendez: That's why it has to go through probate. Commissioner Reyes: They have to go to probate. Ms. Sardinas: He doesn't have the power to sell -- Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: Not yet. Ms. Sardinas: -- or to claim that surplus that they got. Commissioner Diaz de la Portilla: So -- and the other person has disappeared. Who else is claiming it? Ms. Sardinas: It doesn't matter. We can probate but we have to do a full probate. We cannot do -- Commissioner Diaz de la Portilla: I understand, but is anybody else claiming ownership? Ms. Sardinas: No, no, that's -- he 's the -- they're the only two. Commissioner Diaz de la Portilla: No, one is gone, you can't find -- Ms. Sardinas: One is -- yeah, exactly. Commissioner Diaz de la Portilla: Right, okay, so it's only one person that you know of that's around -- Ms. Sardinas: Yeah. Commissioner Diaz de la Portilla: -- that's claiming it. Ms. Sardinas: But the attorney said that we could probably do it in a couple of months, but I want an extra month. Commissioner Diaz de la Portilla: And the attorney told you -- without violating any privilege -- Ms. Sardinas: My attorney. Commissioner Diaz de la Portilla: The attorney told you -- without violating any privilege, the attorney told you that, in all likelihood, this person would be the one that would get the property and be able to sell it, correct? Ms. Sardinas: Yeah -- well, he gets his part, and then the other part -- Chair King: Remains in trust. City of Miami Page 79 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Ms. Sardinas: -- remains -- Commissioner Diaz de la Portilla: So, how can you sell it if you only own half -- a part of it? Ms. Sardinas: They can do it. Chair King: He can sell the whole property -- Commissioner Diaz de la Portilla: Okay, you can sell it. Chair King: -- and they have to put -- Ms. Sardinas: They can do it. Chair King: -- his sister's money aside -- Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: The sister's money aside. Chair King: -- so if she ever turns up or any of her heirs turn up. Ms. Sardinas: That's why we have -- Commissioner Diaz de la Portilla: Okay. Ms. Sardinas: -- to do a full probate because a summary judgment, we could probably do it in a month. Commissioner Diaz de la Portilla: Okay. Ms. Sardinas: We -- it doesn 't work like that -- Commissioner Diaz de la Portilla: Okay. Ms. Sardinas: -- because there's somebody missing. Ms. Mendez: They would probably do those notices by newspaper -- Ms. Sardinas: Exactly. Chair King: Publication. Ms. Rasco: Publication. Ms. Mendez: -- that would -- and -- Chair King: Publication. Ms. Sardinas: Right. Commissioner Diaz de la Portilla: Okay, okay. Chair King: Okay. Commissioner Diaz de la Portilla: So, it's been -- City of Miami Page 80 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Chair King: So, we have a -- Commissioner Diaz de la Portilla: -- moved and second. Chair King: -- motion and a second. All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): As amended. Chair King: As amended. Commissioner Reyes: As amended. Commissioner Diaz de la Portilla: As amended, amended, and amended. Commissioner Reyes: One -- Ms. Rasco: And for -- Commissioner Diaz de la Portilla: Three times. Commissioner Reyes: -- one last question if I may. You have a buyer for this? Ms. Sardinas: I do. You want one? But I can get another one. Commissioner Reyes: No, no, no, I'm not going to buy it. I just -- because I just wanted to know. You're very adamant. Ms. Sardinas: I probably have a bunch of them. Commissioner Reyes: Oh, okay. Ms. Rasco: For point of clan -- Chair King: We have -- Commissioner Reyes: So we can collect that money. Chair King: -- we have remaining RE. 7, 8, 9 -- Commissioner Diaz de la Portilla: I want to move RE. 7. City of Miami Page 81 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 RE.7 13253 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY ATTORNEY TO PROCEED WITH LEGAL ACTION, IF NECESSARY, AGAINST VIRGINIA KEY OUTDOOR CENTER, LLC REGARDING THE PROPERTY LOCATED AT 3801 RICKENBACKER CAUSEWAY, VIRGINIA KEY, MIAMI, FLORIDA, TO COLLECT MONIES OWED PURSUANT TO THE LEASE AGREEMENT DATED MAY 8, 2015, AS AMENDED. ENACTMENT NUMBER: R-23-0059 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Joe Carollo, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Commissioner Diaz de la Portilla: I move RE.7. Ivis Sardinas: Okay, thank you. Thank you. Commissioner Diaz de la Portilla: That we proceed with a lawsuit to collect $140, 000 in unpaid -- Vice Chair Carollo: No, no, we haven't voted upon the -- Commissioner Diaz de la Portilla: We already voted. Vice Chair Carollo: -- on -- Commissioner Diaz de la Portilla: Yeah. Vice Chair Carollo: -- what she presented there. Did we? Chair King: Yeah, we did. Commissioner Diaz de la Portilla: Yeah, we did. Deanna Rasco (Senior Assistant City Attorney): Yes. Vice Chair Carollo: Okay, all right. Commissioner Diaz de la Portilla: RE.7, to begin a lawsuit to collect the $140, 000 of unpaid rent for Virginia Key Outdoor Center. Vice Chair Carollo: Well, the problem is we don't know what is (UNINTELLIGIBLE) unpaid -- Commissioner Diaz de la Portilla: What the actual amount is. It says here 140, but it Chair King: But whatever it is -- City of Miami Page 82 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: Whatever it is -- Chair King: -- we 're just authorizing -- Commissioner Diaz de la Portilla: -- a lawsuit to collect -- Chair King: -- legal action. Vice Chair Carollo: Yeah. Commissioner Diaz de la Portilla: -- authorize legal action to collect all dollars owned -- owed to the City of Miami of Virginia Key Outdoor Center. I move that. Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. RE.8 RESOLUTION 13269 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND HIGHTOWN REALTY GROUP LLC FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 145 SOUTHWEST 71 AVENUE, MIAMI, FLORIDA ("PROPERTY"), FOR A PURCHASE PRICE OF FOUR HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($425,000.00); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO THE AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THE ACQUISITION; ALLOCATING FUNDS FROM OCI PROJECT NO. 40-B213414, DISTRICT 4 PARK AND AFFORDABLE HOUSING LAND ACQUISITION, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED SIXTY THOUSAND DOLLARS ($460,000.00) TO COVER THE COST OF THE ACQUISITION INCLUDING SURVEYS, ENVIRONMENTAL REPORTS, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE, AND RELATED CLOSING COSTS, ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT. ENACTMENT NUMBER: R-23-0060 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes City of Miami Page 83 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Chair King: What about RE.8? Commissioner Diaz de la Portilla: That's Commissioner Reyes's. Commissioner Reyes: I move it. Commissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. RE.9 RESOLUTION 13203 Commissioners and Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION BY 4/5THS VOTE CO -DESIGNATING NORTHWEST 32ND STREET BETWEEN 7TH AVENUE AND 7TH PLACE, MIAMI, FLORIDA, AS "FATHER JOSE LUIS MENENDEZ STREET;" FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. ENACTMENT NUMBER: R-23-0061 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Commissioner Reyes: RE.9. Chair King: RE.9. Commissioner Diaz de la Portilla: I'll second it. Commissioner Reyes: I'll move it. Commissioner Diaz de la Portilla: I'll second it. Vice Chair Carollo: Hold on, hold on, hold on, hold on. Okay, it's for streets. Victoria Mendez (City Attorney): RE.9 -- Commissioner Reyes: That's a street. Ms. Mendez: -- is a four -fifths. Vice Chair Carollo: You know when you run out of streets in your district, you can't come to mine again and get more. Commissioner Reyes: That's what I'm going to do. Commissioner Diaz de la Portilla: Well, yeah, I -- City of Miami Page 84 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Reyes: That is not my district. That is Mr. -- that is -- Commissioner Diaz de la Portilla: Yeah, yeah, I know. It's my disfrict. Commissioner Reyes: It is Diaz de la Portilla. Commissioner Diaz de la Portilla: Yes, yeah, but he already cut into my district once. Commissioner Reyes cut into -- and what was his name, the Dominican singer? Commissioner Reyes: No, I didn't. That was in my disfrict, but Johnny Ventura. Commissioner Diaz de la Portilla: Johnny Ventura. Commissioner Reyes: But it was in my district. Commissioner Diaz de la Portilla: Was it? Commissioner Reyes: It was in 16th Street. Commissioner Diaz de la Portilla: So, this is the first time you're cutting into my district? Commissioner Reyes: First time. It might not be the last. Commissioner Diaz de la Portilla: We're not including Melreese Park, right? Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: We 're not including Melreese, right, in that? Commissioner Reyes: No, Melreese, I mean, that's for you to change the name and -- with your friends. Chair King: Do I have a motion? Commissioner Diaz de la Portilla: I think that was Commissioner Carollo's -- Chair King: Do I have a motion? Commissioner Reyes: You and your friends are the one that are going to -- Commissioner Diaz de la Portilla: I have many friends, Commissioner. Chair King: Do I have a motion? Commissioner Reyes: Yes, you do. Vice Chair Carollo: It's a motion. Commissioner Diaz de la Portilla: I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 85 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 RE.10 RESOLUTION 12308 MAY BE WITHDRAWN Commissioners A RESOLUTION OF THE MIAMI CITY COMMISSION, WAIVING and Mayor THE TWO (2) TEMPORARY EVENT LIMITATION PER YEAR FOR A PRIVATE OR PUBLIC PROPERTY PURSUANT TO SECTION 62- 521(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED," TO WAIVE THE NUMBER OF EVENTS AND PERMITS ALLOWED FOR "MIAMI'S WINTERLAND - A HOLIDAY SPECTACLE," TO BE HELD AT LEGION PARK, 6447 NORTHEAST 7 AVENUE AND SURROUNDING ADDRESSES 6443 BISCAYNE BOULEVARD, 621, 645, 675 AND 685 NORTHEAST 64 TERRACE FROM DECEMBER 1, 2022 THROUGH DECEMBER 31, 2022. RE.11 13290 Office of the City Attorney MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY, IN LAW OR EQUITY, AGAINST VEW LIVE, LLC REGARDING MONIES VEW LIVE, LLC OWES UNDER THE BAYFRONT PARK USE AGREEMENT. ENACTMENT NUMBER: R-23-0062 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Chair King: We have RE.11. Commissioner Diaz de la Portilla: And actually, this is actually a good thing. I'll (UNINTELLIGIBLE). This is the father at Corpus Christi. He's done incredible work. Commissioner Reyes: Excellent. Commissioner Diaz de la Portilla: He 's done incredible -- Commissioner Reyes: Excellent job. City of Miami Page 86 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: He's done incredible work there. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: But next time, have him come to me because I'm his Commissioner and I'll do it for him gladly because he's got a great Cuban art museum there too and a great -- Commissioner Reyes: And I would like to, for you and I -- Commissioner Diaz de la Portilla: And I want to co -- appear as cosponsoring the item too. Commissioner Reyes: Co -- that's right, cosponsor and some assistance to that museum. Commissioner Diaz de la Portilla: Yes, sir. Commissioner Reyes: Yes, sir. Chair King: Okay. Commissioner Diaz de la Portilla: That means that we'll have to do it together because -- Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: -- they have incredible -- and they have also colonial art from the 16th century -- Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: -- 17th century, from Spanish painters that came over -- Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: -- and actually painted here in the Americas. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: And he's collecting all that, and that is a way to preserve it, that he doesn't have the facilities to do it. He's got an incredible collection. He's got a copy of a signature -- a letter from Jose Marti to Abraham Lincoln. It 's just really, really interesting some of the things they got there. Commissioner Reyes: Yes, and I -- Commissioner Diaz de la Portilla: Everyone should go visit that. Commissioner Reyes: -- would like to work together with you. Commissioner Diaz de la Portilla: Yeah, to help fund them. Commissioner Reyes: And try to fund them and try to improve the collection. City of Miami Page 87 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 RE.12 13087 Office of the City Attorney Commissioner Diaz de la Portilla: And as you give all these millions of dollars to Commissioner King's district, we should also consider giving, you know, Allapattah and other districts some of those millions, right, Commissioner? Commissioner Reyes: Spread the wealth. Commissioner Diaz de la Portilla: We -- Commissioner Reyes: Spread the wealth. Chair King: Spread the love. Commissioner Diaz de la Portilla: -- we 've been -- Chair King: Comedy Central. Commissioner Diaz de la Portilla: Spread the wealth. We 've been very generous with you -- Chair King: Okay. Commissioner Diaz de la Portilla: -- but it's got to stop at some point, right? Chair King: Moving -- Commissioner Reyes: Let 's start with (UNINTELLIGIBLE) -- Chair King: -- moving right along, we are now at RE. 11. Vice Chair Carollo: You have to learn to cry, Commissioner. Commissioner Diaz de la Portilla: RE.11. I move RE.11. Commissioner Reyes: I second. Chair King: All in favor? The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY ATTORNEY TO PROCEED WITH LEGAL ACTION, IF NECESSARY, AGAINST RESIDENTIAL TENANTS OF THE OLYMPIA BUILDING LOCATED AT 174 EAST FLAGLER STREET, MIAMI, FLORIDA, TO OBTAIN POSSESSION OF THE PROPERTY, AND SEEK ANY OTHER LEGAL REMEDIES IN COMPLIANCE WITH THE LEASE AGREEMENTS. ENACTMENT NUMBER: R-23-0063 City of Miami Page 88 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Chair King: RE. 12. Commissioner Diaz de la Portilla: This is -- Victoria Mendez (City Attorney): RE.12 -- Chair King: Is authorizing -- Ms. Mendez: Right, the eviction at the Olympia. Vice Chair Carollo: Move. Ms. Mendez: We have four people left to -- Commissioner Reyes: Second. Vice Chair Carollo: Move. Commissioner Diaz de la Portilla: Yeah. Commissioner Reyes: Second. Chair King: I have a motion and a second, and I would like to remind staff that I asked them to work with the tenants. Commissioner Reyes: Yes. Ms. Mendez: They're on site right now, the Manager's team, trying to get them situated. Chair King: Okay. I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Commissioner Diaz de la Portilla: Let me -- I'm sorry, we already voted on it, but there's only four tenants remaining in Olympia, right? That's it? Chair King: Right. Ms. Mendez: Yes. Commissioner Reyes: Yes, yes. Chair King: Okay. And R -- Commissioner Reyes: One is a squatter. City of Miami Page 89 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 RE.13 13310 City Manager's Office RE.14 13316 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 16-0303, ADOPTED ON JUNE 23, 2016, RELATING TO FUTURE LEGISLATION AND AMENDMENTS TO THE CITY OF MIAMI CODE, OR TEXT AMENDMENTS TO THE MIAMI 21 CODE, SPONSORED OR CO -SPONSORED BY THE CITY ADMINISTRATION, IN ITS ENTIRETY; AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ADMINISTRATIVE ACTIONS NECESSARY TO EFFECTUATE THIS RESOLUTION. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: Item RE.13 was deferred to the February 9, 2023, City Commission Meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ("CITY"), APPROVING THE VIRGINIA KEY BEACH PARK TRUST'S ("TRUST") SEPARATION WITH GUY FORCHION AND APPROVING THE TRUST'S APPOINTMENT OF NEIL HALL AS THE INTERIM EXECUTIVE DIRECTOR UNDER THE TERMS AND CONDITIONS AGREED UPON BY THE TRUST. ENACTMENT NUMBER: R-23-0064 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: For additional minutes referencing Item Number RE.14, please see "Public comments for all item(s)." Chair King: RE.14, I'd like to make an amendment to this to require for the acceptance of the interim appointment of Mr. Neil Hall, that it be retroactive to when this body appointed him as the interim executive director for the Virginia Key Beach Park. Commissioner Reyes: It was last meeting, right? Chair King: The 12th because he -- Commissioner Reyes: The 12th, yes. City of Miami Page 90 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Chair King: -- he started working the very next day, and he 's been working ever since. Commissioner Diaz de la Portilla: I'll move it. Victoria Mendez (City Attorney): Madam Chair. Commissioner Reyes: Second. Vice Chair Carollo: That's fine. Ms. Mendez: You're approving it, so it was contemplated that way but -- Chair King: But I just -- Commissioner Reyes: Okay. Chair King: -- want to sure that it 's on the record. Vice Chair Carollo: Yeah, but they should be two separate motions, I think Commissioner Diaz de la Portilla: Yeah, one to -- Chair King: Because they're -- they put it -- Ms. Mendez: You 're just approving what you did as the Trust so -- Vice Chair Carollo: Okay. Ms. Mendez: -- it will not -- Vice Chair Carollo: All right. Commissioner Reyes: All right. Ms. Mendez: It's fine. Commissioner Diaz de la Portilla: It's fine? Vice Chair Carollo: Ifyou say so. Ms. Mendez: It's fine as it is. Commissioner Diaz de la Portilla: I will move -- Vice Chair Carollo: My question here on the separation with Mr. Forchion, how much is it costing us to separate -- Ms. Mendez: So this was -- Vice Chair Carollo: -- from Mr. Forchion? Ms. Mendez: -- voted on by the Trust. The amount, I would have to look. Commissioner Reyes: The amount was -- Ms. Mendez: But it was -- City of Miami Page 91 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Reyes: -- stated at the time. Ms. Mendez: Right, it was his time, the time that he had -- Chair King: The accrued vacation -- Ms. Mendez: -- his vacation. Chair King: -- time and one week. Vice Chair Carollo: Okay, vacation time and one week. How much vacation time did he have? Chair King: One thousand hours. Vice Chair Carollo: What does that come to in weeks? Commissioner Diaz de la Portilla: In money. Ms. Mendez: It was over -- it was about 100. Chair King: Yes, somewhere in the neighborhood -- Ms. Mendez: About 100, 000. Chair King: -- of $100, 000. Vice Chair Carollo: A thousand hours. Chair King: A thousand hours. Vice Chair Carollo: Hold on, let me -- Commissioner Diaz de la Portilla: I think Mr. Wysong may remember the amount. Ms. Mendez: So, Commissioner, I just wanted to remind you that the Virginia Key Beach Trust now sits as -- has the members of the Commission. So, the Commission members that sit on that board voted it. It wasn't like an old board or a -- Vice Chair Carollo: No, no, no, no. I -- I -- Commissioner Diaz de la Portilla: No, but he wants to know the amount. Vice Chair Carollo: -- I understand that. Commissioner Diaz de la Portilla: It's a very simple question. What's the number? What's the amount? M. Mendez: We're getting that. Commissioner Diaz de la Portilla: Right? Chair King: I only know that it was a thousand hours. Vice Chair Carollo: If it's a thousand, I have 25 weeks. City of Miami Page 92 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Larry Spring (Chief Financial Officer/Assistant City Manager): Rough calculation if -- my understanding, he's making 150 year, the thousand hours is just about half a year, six months, so about 75. Commissioner Diaz de la Portilla: 75. Mr. Spring: 75,000. Vice Chair Carollo: Yeah, but that's fine in dollars -- Mr. Spring: Right. Vice Chair Carollo: -- but how many weeks was he getting vacation on a yearly basis? Mr. Spring: Oh, his accrual, I'd have to check with their payroll folks. Vice Chair Carollo: See, this is part of a continuous problem that I see in the City. Who do we have to tell us ifpeople are taking their vacation time or not? Mr. Spring: So, in the -- Vice Chair Carollo: I find it difficult to believe, as long as he 's been there -- he's been there a long time -- 25 weeks. Who was keeping track of it? When we had a whole bunch of meetings that -- Mr. Spring: I under -- Vice Chair Carollo: -- there was not even any record for them. Mr. Spring: Just for -- Vice Chair Carollo: Who was approving this? I mean, my God. Mr. Spring: So, just for clarification, remember, all of the trusts operate independent of the City, so they have their own finance people, HR (Human Resources), and all of that managed and controlled at the trust level. Vice Chair Carollo: Yeah, but at the end, who 's paying for it? We are. Mr. Spring: No, we are. Vice Chair Carollo: Because we're -- Mr. Spring: No, no, I agree with the fiduciary understanding. Vice Chair Carollo: -- approving all this money -- Mr. Spring: It's just -- Vice Chair Carollo: -- from the general trust over there. If it was a case where they were generating or had generated all this income internally, I won't be as talkative. But my God, 25 weeks. Do we know how many weeks he would get vacation a year or not? Mr. Spring: No, I'd have to go and pull that information. I can get it and report back to you -- City of Miami Page 93 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Vice Chair Carollo: Okay, all right. Mr. Spring: -- after the lunch break. Vice Chair Carollo: I just wanted to get it on the record. Mr. Spring: Okay. Vice Chair Carollo: Anything else he 's getting? Chair King: No, just -- Mr. Spring: No, my understanding, just the time and -- Chair King: The vacation -- the accrued vacation -- Mr. Spring: -- the one week of severance. Chair King: -- and one week of severance. Vice Chair Carollo: Okay. Chair King: So, all in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Todd B. Hannon (City Clerk): Chair, I do not have a mover or seconder. Commissioner Diaz de la Portilla: I moved it. Commissioner Reyes: I second. Chair King: Commissioner Reyes seconded. And at this time -- Mr. Hannon: And Chair, that'll be shown as 4-0 as is, no amendments. Commissioner Diaz de la Portilla: As is. Chair King: Right, because Victoria said it anticipates the first day of work being the day after the Commission meeting, correct? Vice Chair Carollo: Right, right. Chair King: Which would be -- Commissioner Diaz de la Portilla: The day -- the -- Chair King: -- January 13th. Commissioner Diaz de la Portilla: -- the new -- Ms. Mendez: Just -- just to -- we -- as amended. We'll just make sure that we put the whereas -- City of Miami Page 94 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Chair King: Okay. Ms. Mendez: -- clause so that it -- Commissioner Diaz de la Portilla: Right. Ms. Mendez: -- no question. Commissioner Diaz de la Portilla: But that Neil Hall started working the day after he was approved. Chair King: Right. It 's -- Ms. Mendez: The day after. Chair King: -- January 13th. Ms. Mendez: Okay. Commissioner Diaz de la Portilla: Right, it's February 13 -- it's January 13th, yeah. Chair King: January 13th, yes. At this time, I would like to recess for lunch and have a very quick Overtown CRA (Community Redevelopment Agency) meeting while I have the four of you. I know Commissioner Reyes has to be gone before 12:30 so -- Commissioner Reyes: I move that. Chair King: Second? Vice Chair Carollo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Meeting has recessed. [Later... } Commissioner Reyes: (UNINTELLIGIBLE) continue. Chair King: What, what? Vice Chair Carollo: Hold on, just before we close, I'd just like -- Chair King: Okay, we didn't officially close yet. Vice Chair Carollo: Now, I need to put something on the record. Chair King: Okay. Vice Chair Carollo: Because I don't want people to be laughing too much. Do you remember when we voted on the Guy Forchion part of the meeting? I was told that it was 1,000 hours that he was getting. As a matter of fact, his payout was for 1,392 hours, at 71.50 for gross pay. That was 99,528 -- Ms. Mendez: Commissioner, I told -- I said 100, 000. I did say 100, 000. City of Miami Page 95 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Vice Chair Carollo: Well, I don't know what you said but I'm going to give the exact amounts on the record. We gave him an additional 80 hours severance pay, for 5,720, for a total of 105,248. Now, -- Chair King: It should be one week, not 80, 40. Vice Chair Carollo: Well, it's 80 hours here, it says, two weeks. Chair King: That's not -- it should be one week. Vice Chair Carollo: Then we need to correct that ifhis is wrong. Now, the -- for 10 years, Mr. Forchion claimed that he accrued 192 hours, which comes to 4.8, almost 5 weeks. Larry, you tell me then what 's right or what's wrong. Mr. Spring: No, I want to correct something. What the -- we got the -- the information we obtained from the Virginia Key Beach staff for the years -- his years of work from the year 10 to the year 20 -- Vice Chair Carollo: Yeah, I said -- Mr. Spring: His annual accrual of vacation was 192 hours. Vice Chair Carollo: Yeah. Mr. Spring: Once he got into year 21 of work -- Vice Chair Carollo: 288 hours. Mr. Spring: -- it went to -- his accrual increased to 280. Vice Chair Carollo: Yeah. Mr. Spring: I just want to make sure. Vice Chair Carollo: Oh yeah, that's what was reading here. Mr. Spring: Okay. Vice Chair Carollo: So, in years 10 to 20, he had 4.8, almost 5 weeks of vacation time he didn't use. Mr. Spring: That is correct. Vice Chair Carollo: Do you know how many weeks of vacation time total he was -- Mr. Spring: I don 't -- yeah, that, I don 't know -- Vice Chair Carollo: Okay. Mr. Spring: -- how much he used or recorded. Vice Chair Carollo: Well, I mean, my God, how much more could he have been given, you know? The -- and then of course, in the year 21, 288 hours. So, I'm glad we had such a dedicated individual that didn't even take vacation for all these years, and they still wonder why we felt this way about what was going on there? Thank you. City of Miami Page 96 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Chair King: Meeting adjourned. Thank you. END OF RESOLUTIONS City of Miami Page 97 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 12927 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PARKS AND RECREATION/USE REGULATIONS"; MORE PARTICULARLY BY AMENDING SECTION 38-57 OF THE CITY CODE, TITLED "DOMESTIC ANIMALS IN PARKS," TO RAISE THE FINE FOR ALLOWING DOGS OFF THEIR LEASH TO $500.00; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14137 MOTION TO: Adopt RESULT: ADOPTED MOVER: Joe Carollo, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Chair King: We are now on the second reading items. Vic -- Madam City Attorney, I believe you have to read some of the titles into the record. Victoria Mendez (City Attorney): SR.1, between first and second reading, we added the code enforcement appellate provision. That's the only thing that changed rather than appealing to county court. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.2. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: On this item, we need to adjust the dates. So, really quickly, to let you know, we have in -- in the legislation before you that the technology will be implemented no later than June 30th, 2022. This should be June 30th, 2023. We -- in the legislation it says that the reporting is starting February loth, 2023, this will be September 1st, 2023, and further reporting that's supposed to start December 1st, 2023, will change to September 1st, 2023. So, those are the changes. So, if you approve this, it's as amended. [Later... Chair King: Now, SR.1, I have a motion and a second. Vice Chair Carollo: Hold on, SR.1, we haven 't voted on. Commissioner Diaz de la Portilla: Hold on, hold on, hold, slow down, cowboy. Vice Chair Carollo: SR.1, we didn't vote on. City of Miami Page 98 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Chair King: SR.1, I -- Todd B. Hannon (City Clerk): I need a motion and a second. Vice Chair Carollo: I motion. Chair King: Second. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. SR.2 ORDINANCE Second Reading 11559 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "GARBAGE AND OTHER SOLID WASTE," BY ESTABLISHING ARTICLE IX, TITLED "WASTE METERING," TO PROVIDE REGULATIONS FOR THE CITY OF MIAMI AND CERTAIN COMMERCIAL BUSINESSES AS DEFINED HEREIN; REQUIRING THE MONITORING AND REPORTING OF WASTE PRODUCTION USING SMART TECHNOLOGY; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: For additional minutes referencing Item Number SR.2, please see Item Number SR.1. Chair King: Do I have a motion? Vice Chair Carollo: Motion. Commissioner Diaz de la Portilla: I'll second it. Chair King: Okay, I think we should take these -- I'd like to withdraw SR. 2. Commissioner Diaz de la Portilla: Okay. Vice Chair Carollo: Okay. Chair King: Waste metering. Vice Chair Carollo: That's fine. Commissioner Diaz de la Portilla: Okay. City of Miami Page 99 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Chair King: Do I have a motion? Vice Chair Carollo: I motion to withdraw SR.2. Chair King: Second. Commissioner Reyes: May I ask why? Because we have gone back and forth on this, and I -- and as I -- we spoke with Wade. I think that he had met with waste haulers. Chair King: Who 's Ray? Commissioner Reyes: The director -- Ms. Mendez: He said Wade. He said Wade. Chair King: Oh, Wade, Wade. Commissioner Reyes: Wade. I'm sorry, it's my accent. Vice Chair Carollo: You sure you didn't say Ray? Commissioner Reyes: No, no, no, no. Chair King: I thought you said Ray. Commissioner Reyes: Wade. You see -- Chair King: I don 't think this legislation is ripe as yet. Commissioner Reyes: Okay. Chair King: I think it's -- there still needs to be some work done on it. Commissioner Reyes: Absolutely. I will agree on deferring it because -- but I think it is needed. I get complaints, constant complaints, you see? And everybody in the City of Miami do have alleys that they -- businesses, and here comes the waste haulers and when they clean, I mean, when they are taking -- hauling the trash, they leave a mess in those alleys and this is to avoid that. Chair King: I don 't think this avoids the mess in the alleys. This is -- Commissioner Reyes: Yes, it will, because it will have a camera that's going to -- and they will be fined, you see. If you want to -- I will agree, Madam Chair, ifyou want to massage it a little bit, but I don't want to withdraw it completely because I know there is a lot of pressure from the waste haulers, but they are not the one -- as a matter of fact, every time that they have come to my office, they have been very arrogant, like they are not doing anything, that there's nothing wrong with it. But my neighbors, and people that live -- all my district, and I'm not talking about a certain particular place, you see, and I know that that happens in Mr. Carollo's -- and as a matter of fact, you showed some pictures, I think, and Commissioner Carollo 's and Commissioner Diaz de la Portilla, it happens all the time. The only thing that we want is for them to do their job and pick up all the trash. Chair King: Okay, I will agree to a deferral, to defer it, because I understand the legislation, something derent. I don't think it's going to cure messes. I am under the impression that it will let them know when it's necessary to pick up, when it's not necessary to pick up, because of the camera system is monitoring the -- City of Miami Page 100 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Reyes: Yes. Chair King: -- can itself, not how -- not the cleanliness of the pickup. Commissioner Reyes: But that is -- that is a process because by letting them know when they have to pick up, then the overflow won 't happen, and most of the mess is because of the overflow. Chair King: Okay, so I will -- Vice Chair Carollo: Until when would you like it deferred? The end of February, March, longer? Chair King: Let 's indefinitely defer it. Vice Chair Carollo: Okay. Chair King: And we can bring it back at any time. Vice Chair Carollo: Second. Chair King: All in favor? Commissioner Diaz de la Portilla: Aye. Commissioner Reyes: No. Todd B. Hannon (City Clerk): Who -- sorry. So, for the indefinite deferral, Commissioner Carollo, I'm having you moved the indefinite deferral. Who 's the seconder? Commissioner Carollo: I was the second. Mr. Hannon: But who is the mover? Chair King: I'll be the mover -- I can 't be the mover. Mr. Hannon: But the maker of the motion can 't call the question. Commissioner Diaz de la Portilla: No, no, he was the mover, she was the seconder. Mr. Hannon: Perfect. Commissioner Diaz de la Portilla: Okay? Mr. Hannon: Yes. Commissioner Diaz de la Portilla: All right. Chair King: And I have a motion and a second for SR.1 -- Mr. Hannon: Wait. So, we have a motion and a second to indefinitely defer SR.2 and the -- ifyou can call the vote. Chair King: All in favor? City of Miami Page 101 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Vice Chair Carollo: Aye. Commissioner Diaz de la Portilla: Aye. Commissioner Reyes: No. Mr. Hannon: So, it passes 3-1, Commissioner Reyes voting no. Chair King: You asked for the deferral. Commissioner Reyes: But -- Chair King: I could've gone with -- I could've gone with the withdrawal. Commissioner Reyes: Okay, I'll change my vote. Yes. Chair King: Okay. Mr. Hannon: So, unanimous. Chair King: It's unanimous. Commissioner Reyes: Unanimous. No, because I -- we 've been working on this for a long time and we -- I don't know what we 're going to do, but this is to avoid overflow, and the overflow, by avoiding the overflow, we avoid having a mess all the time. Chair King: Okay. Commissioner Reyes: You see? END OF SECOND READING ORDINANCES City of Miami Page 102 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 FR - FIRST READING ORDINANCE FR.1 ORDINANCE First Reading 13191 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE IX/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "FINANCIAL INTEGRITY PRINCIPLES," MORE SPECIFICALLY AMENDING THE RESERVE POLICIES, FINANCIAL OVERSIGHT AND REPORTING, EVALUATION COMMITTEES, BASIC FINANCIAL POLICIES, AND OTHER PROVISIONS OF SECTION 18-542 OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Chair King: Okay. For first readings, I'd like to take the future legislation and have it heard as the FL.2. Commissioner Reyes: FR.2 is the public speaking time donation? Chair King: No, no -- Victoria Mendez (City Attorney): No, no. Chair King: -- FL (Future Legislation). FL. Ms. Mendez: The future -- Commissioner Reyes: Oh, FL. Chair King: Future Legislation -- Commissioner Reyes: FL. FL. Okay. Chair King: I'd like to move that over to first reading. Commissioner Reyes: Yes. Vice Chair Carollo: FL. Commissioner Reyes: FL. Chair King: FL.2. Ms. Mendez: FL.2. Commissioner Reyes: Yes. City of Miami Page 103 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: So, FR.2 is it limits public speaking to four minutes max, right? Ms. Mendez: No, no, wait. Chair King: No, no, no, no. Commissioner Reyes: No, no, no, FL. Ms. Mendez: She jumped over. Commissioner Diaz de la Portilla: Oh, SR (Second Reading). Chair King: No, I want to add Future Legislation Number 2 into First Reading. Commissioner Diaz de la Portilla: Oh, I understand, Okay. Chair King: So, I don't know what number that would be given. Ms. Mendez: So, I need to read the title -- Chair King: Right. Ms. Mendez: -- into the record. Chair King: Okay. Ms. Mendez: It will be taken -- it's being pulled from Future Legislation and being placed on one of the First Reading items. Commissioner Reyes: Okay. Arthur Noriega (City Manager): That was done during the order of the day. Chair King: Right. Commissioner Diaz de la Portilla: Right. Chair King: It was done during order of the day. I just want to make sure we address it. So, can you read, into the record, the titles for First Reading items? Ms. Mendez: Yes. So, I'll start with Future Legislation 2 that 's becoming a First Reading, and Todd will tell me what we can name that, if you need a name -- a number. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Then FR.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Then FR.2. This one's the reduced speaking time, Commissioner Reyes, that you were asking about. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 104 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: So, I'm going -- Madam Chair. So, I'm going to use my friend, Commissioner Carollo's, phrase, I didn't take my smart pill this morning." But FR.1 and FR.2, it is what they are, but you added substantive policy change in the first thing you read, right? The first part that -- everything you read, read again the first part that -- what are you adding? Explain to me how that works? Victoria Mendez (City Attorney): You mean -- I'm sorry. Chair King: The future legislation? Commissioner Diaz de la Portilla: Well, the future legislation, you're adding it to FR.1? Chair King: No. Ms. Mendez: No, no, no. The future legislation is being pulled from Future Legislation, pursuant to -- Commissioner Diaz de la Portilla: And added to FR.1. Ms. Mendez: -- and added to the FRs. It's going to be FR -- Commissioner Diaz de la Portilla: Okay, all right, but the future legislation is a substantive policy change -- significant policy change, right? Right? Ms. Mendez: When -- it's a -- Commissioner Diaz de la Portilla: So, why are we adding it now? Why don't we go through the normal process? Chair King: I'd like it. Ms. Mendez: Because -- Chair King: It's my initiative. Commissioner Diaz de la Portilla: Well, I understand if you like it or not, but I mean, the rest of us have to like it too. Chair King: I know, but -- Commissioner Diaz de la Portilla: So, I want to know why you 're making a substantive policy change. Chair King: Because I asked them. Commissioner Diaz de la Portilla: Okay, so let's walk through that, slowly, so that I can absorb it and understand it. Chair King: I'll -- Commissioner Diaz de la Portilla: And I know it's Midtown and I know it creates a whole bunch of changes to what can happen there. Chair King: I will -- I will yield to our director on that. I believe it's smart legislation. City of Miami Page 105 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: Okay. Chair King: It's needed and it's time sensitive. So, I wanted to at least have it come here for first reading, and then it's going to go to PZAB (Planning, Zoning & Appeals Board), and then it'll come back to us for second reading. Commissioner Diaz de la Portilla: Okay. Chair King: So, you'll have some opportunity to digest it more, but I'll let -- Commissioner Diaz de la Portilla: Okay. Chair King: -- Ms. Hull explain it to you. Commissioner Diaz de la Portilla: So, so -- yeah, explain it to me, slowly. Lakisha Hull (Director, Planning): Yes, and so the Future Legislation Number 2 actually, it's already gone to PZAB, and so now -- Commissioner Diaz de la Portilla: So, it's already gone to PZAB. Ms. Hull: But there 's some changes that we'll look at PZAB after it goes through first reading, sir. So, what we'll do, we -- if it's at the will of the Commission today, then we'll bring it back to PZAB to look at any other substantial changes before it comes back here to second reading. The legislation is a companion legislation to the Buena Vista RAC (Regional Activity Center) that the Commission voted on at a previous meeting. So, it's just to continue to allow for the development to proceed in the Midtown area, sir. Commissioner Diaz de la Portilla: That's not a clear enough explanation. Expand on that explanation, please. Ms. Hull: So, in Miami 21 Code -- Commissioner Diaz de la Portilla: Okay. Ms. Hull: -- this legislation allows for -- Midtown has development standards in regards to building configuration, density. There's some areas that may be limited based on some overlay language that is antiquated. So, we 're going through and allowing for the development to be inconsistent to the comprehensive plan which the Commission updated in the previous Commission meeting. So, this is just going through the process of allowing the legislation of the standards of Miami 21 to be updated with the code, policies in the comp plan. Commissioner Diaz de la Portilla: Okay, and it comes back to us? Ms. Hull: Yes, sir. It'll be two readings, sir, and then PZAB -- Commissioner Diaz de la Portilla: I know it's always two readings, I know, but it comes back to us, but it also goes to PZAB first after it comes from here? Ms. Hull: It went PZAB already, sir. Commissioner Diaz de la Portilla: I know, but does it go back to PZAB? Ms. Hull: Yes, it will go to PZAB next week, February lst. City of Miami Page 106 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: Okay. Ms. Hull: And they will have a public hearing on this item, sir. Commissioner Diaz de la Portilla: So, it's something that is cooked? Is the idea cooked? Is it something -- Chair King: It's not cooked. It -- Commissioner Diaz de la Portilla: Well, for lack of a better word, is it prepared? What's your thought process behind it? Chair King: Well, I, again, I think it's smart legislation -- Commissioner Diaz de la Portilla: No, no, but smart legislation is not an explanation. Chair King: It 's cleaning up Miami 21 -- Commissioner Diaz de la Portilla: Right. Chair King: -- and -- Commissioner Diaz de la Portilla: How 's it cleaning it up? Chair King: Well, Miami 21 is a bit antiquated and it doesn't match what is going on now. There's a lot of work that needs to be done with Miami 21 and this is one of them. We 've already passed legislation that's consistent with what we're trying to do with this legislation. This body has already passed legislation consistent with the path that we're going and this is in furtherance of what we've already done, and I just don't want to hold up work because we need these affordable housing. We need this legislation to go forward so we can continue to improve the lives of the residents of the City of Miami. Commissioner Diaz de la Portilla: Okay, how does this help affordable housing? Chair King: Lakisha. Ms. Hull: So, in the Midtown area, and under the Buena Vista RAC, there was a density cap of the residential area. So, when you have a density cap of the residential area, it limits what can be developed. So, with the comprehensive plan getting updated by Commission in a previous meeting, removing that density cap, that allows for more housing to be produced -- Commissioner Diaz de la Portilla: Housing, but not necessarily affordable housing, right? Ms. Hull: Well, it allows -- Commissioner Diaz de la Portilla: Any development. M. Hull: -- it allows for -- Commissioner Diaz de la Portilla: It could be market rate development, it could be luxury condos, it could be anything, right? Ms. Hull: Well, it could be all types of housing, sir. You 're correct. City of Miami Page 107 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: Right, so there's no provision here for affordable housing, right? It 's simply an ability -- you increase density, you 're allowing for any development, right, to take place? Ms. Hull: It allows for the density to occur based on -- Commissioner Diaz de la Portilla: For the density to increase. Ms. Hull: Yes, well just to match what's allowed in the comp plan, sir. Commissioner Diaz de la Portilla: To increase. Ms. Hull: Yes, sir. Commissioner Diaz de la Portilla: From what's allowed now. Ms. Hull: Well, it's allowed. It was capped based on previous policies. Commissioner Diaz de la Portilla: So, there 's no -- pretty simple question. Doesn't it allow for increased density, and it could be an increased density that includes any kind of housing, not -- even if it's market rate, even if it's luxury, no matter what, right? Ms. Hull: Yes, sir. Commissioner Diaz de la Portilla: Okay. So, it's not affordable housing, it's any development? Ms. Hull: A mixed type of housing, sir, yes. Commissioner Diaz de la Portilla: Nobody said mixed. Because if somebody come in with a totally market rate proposal, right? Ms. Hull: No, sir, but the Code does not require for us to have that in order to have this legislation updated, sir. Commissioner Diaz de la Portilla: That's not my question. If you're increasing density, you're allowing for any development to occur, right? Ms. Hull: That's correct, sir, yes. Commissioner Diaz de la Portilla: It doesn 't mean that it has to be affordable housing density increase, it could be a market rate density increase, correct? Ms. Hull: That's correct. Yes, sir. Commissioner Diaz de la Portilla: Is that correct? Ms. Hull: Yes, sir, that's correct. Commissioner Diaz de la Portilla: Okay, so it could be luxury condos, right, that could be built there? Ms. Hull: Yes, sir. Commissioner Diaz de la Portilla: With increased density, correct? City of Miami Page 108 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Ms. Hull: Yes, that's correct, sir. Commissioner Diaz de la Portilla: Okay. I'm okay with that, but let's not mislead the public into thinking that we're doing affordable housing, because we're not with this, right? Chair King: We can be. Commissioner Diaz de la Portilla: We can, but we 're not. Chair King: We can be. No, no, no, we can be. We can do all of -- everything that you said. It's not exclusive of affordable housing, and I'm hopeful that we'll have affordable housing. Commissioner Diaz de la Portilla: Of course, your commitment to do affordable housing, and workforce housing, and everything else. Chair King: Yes, yes, yes, yes, yes. Commissioner Reyes: It's inclusive. Chair King: Yes. Commissioner Diaz de la Portilla: Right. Commissioner Reyes: What is inclusive. Commissioner Diaz de la Portilla: It always includes it, but if somebody can come in and make a profit and they say they want to do market rate housing, they're not going to do any affordable. So, it doesn't require it, it just allows it. Chair King: It allows for it. Commissioner Diaz de la Portilla: Okay. Chair King: Okay, so may I have a motion? Commissioner Diaz de la Portilla: I'll move it. Commissioner Reyes: Second. Chair King: So, that would be for FR.1, FR.2, and we're going to call the future legislation -- Todd B. Hannon (City Clerk): Just -- let's just say FL.2 for right now. I'll take care of it on the back end. Chair King: FL.2, you'll take care of that. Okay, so FR.1, FR.2, and FL.2. All in favor? Commissioner Diaz de la Portilla: Aye. Vice Chair Carollo: Hold on, hold on. Commissioner Diaz de la Portilla: No, no, no, wait, wait, wait. City of Miami Page 109 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Chair King: (UNINTELLIGIBLE) wait, wait, wait, wait. Vice Chair Carollo: FR.1. Chair King: FR.1. Vice Chair Carollo: FR.2. Chair King: FR.2. Commissioner Reyes: FR.2 -- FR.2 is the -- FR.2 is the public speaking -- I 'll have to comment on the public speaking -- Chair King: Okay. Commissioner Reyes: -- that I -- I objected last time because I consider that four minutes is very limiting and we spoke about six minutes. Chair King: Yeah, we added -- we said the person speaking, two minutes, plus two -- Commissioner Reyes: And also, if I may, and I'm going to bring this back (UNINTELLIGIBLE) because it will give us the authority that if we are dealing with an issue that requires, or one of us considers that require additional explanation, we can add two minutes to that presentation. Chair King: Absolutely. Commissioner Reyes: Okay? Chair King: Absolutely. Commissioner Reyes: That's the only complaint, okay? Chair King: Yes. Commissioner Reyes: That is if any one of us consider -- Chair King: Right. Absolutely. Commissioner Reyes: -- that should additional time -- but only two minutes. Commissioner Diaz de la Portilla: I sort of -- and I apologize, Commissioner, but I sort of have a derent take on it. I actually wanted to limit, to lower the four minutes to three minutes. I think — Commissioner Reyes: I mean, you can do away with it if you want to. Commissioner Diaz de la Portilla: No, no, not do away. No, no, lowering the amount is not doing away with it, but I do believe that the people that, you know, say, I'm speaking for two minutes," is what your predecessor and yourself have said it's okay and now we come in and say, "Well, you know, I dedicate or allocate my time to somebody else." I think three minutes is enough. Commissioner Reyes: I don't. City of Miami Page 110 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: So, I was going to do a motion -- I was going to do an amendment trying to amend. I'm going to see what the body feels, to limit it to three minutes total. Commissioner Reyes: I will not agree -- Commissioner Diaz de la Portilla: If the body is comfortable with it. Commissioner Reyes: -- with that. I will vote against it. Commissioner Diaz de la Portilla: So, I was kind of the opposite of what you were thinking. Commissioner Reyes: Yes, yes. (UNINTELLIGIBLE), that's it. Chair King: In that -- so, what happens is what we 're saying here is that someone is allowed to donate their time but the time that they have to donate is two minutes. So, what we were saying is that we can have a person, someone donate their time, 2 persons donate their time to one person to avoid having 21 persons -- Commissioner Reyes: Absolutely, I agree with that. Chair King: -- donate their time to one person. Commissioner Reyes: Absolutely. Chair King: So, we 're limited to the six minutes, and six minutes is a lot of time -- Commissioner Reyes: It's a lot of time. Chair King: -- to speak, six minutes is a long time to speak. Commissioner Reyes: A long time to speak. Chair King: And then we also have the discretion -- Commissioner Reyes: Absolutely. Chair King: -- if we want to say, "Okay, you can -- Commissioner Reyes: Additional. Chair King: -- speak additional time." Commissioner Reyes: Through the Chair. Chair King: Through the Chair. Commissioner Reyes: Through the Chair. Chair King: So -- Vice Chair Carollo: Well, I would say if we have a majority of the Commission that agrees to give extra time. Chair King: Yes. I think it's always the will of the body. City of Miami Page 111 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Reyes: Okay, we can vote on it. Chair King: But as a rule, someone can have someone donate -- two people can donate their time, as a rule. Commissioner Reyes: That 's right, as a rule. Chair King: I think that 's fair. Commissioner Diaz de la Portilla: So, that makes -- Ms. Mendez: So, that would amend the legislation ifyou want to add -- Commissioner Diaz de la Portilla: You 're -- right now it says four minutes. Chair King: Isn 't that what it says? Commissioner Diaz de la Portilla: So, what you're doing now, you're taking four minutes to six minutes. Ms. Mendez: Right, so you would have two more people being able to donate time -- Commissioner Diaz de la Portilla: Right. Ms. Mendez: -- for a total of six minutes, I believe, is the Chairwoman 's amendment. Chair King: Yes. I thought that's what we agreed on. Commissioner Diaz de la Portilla: Right, but the order that's proposed by Commissioner Carollo is four minutes total. What the Chair wants is six minutes. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: I sort of want three minutes, total, okay? Vice Chair Carollo: So, why don't we go to a middle ground -- Commissioner Diaz de la Portilla: Which is four minutes, or four and a half. Commissioner Reyes: Five. Commissioner Diaz de la Portilla: Five minutes always works for everyone, so that's good. Vice Chair Carollo: Then let's go to five minutes. Commissioner Diaz de la Portilla: Yes. Total. Commissioner Reyes: Five minutes. Vice Chair Carollo: Total. Chair King: But -- Commissioner Reyes: But then how you going to -- Chair King: Right, because -- City of Miami Page 112 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: No, it doesn 't matter, one -and -a -half, one -and -a - half. Commissioner Reyes: You went, two, two, and then said, "Okay." Chair King: But if someone is donating -- Commissioner Diaz de la Portilla: And one. Two, two, and one. Chair King: -- if they're donating their time -- Commissioner Reyes: It's their time. Chair King: -- they have two minutes. Each person has two minutes to speak. Commissioner Reyes: Yes. Chair King: So, if they're donating their time, it -- we allow -- Vice Chair Carollo: Well, they're going to donate half their time then. Commissioner Diaz de la Portilla: Of course. Commissioner Reyes: And then they -- Chair King: And then they still have an opportunity -- Commissioner Reyes: -- speak for one minute. Chair King: Okay. Commissioner Diaz de la Portilla: Five minutes. Chair King: Five minutes. Commissioner Reyes: Plus if we agree with it and we consider necessary additional time, it is through the Chair we can add an additional two minutes. Commissioner Diaz de la Portilla: Of course. Vice Chair Carollo: As long as the majority of the body approves -- Commissioner Reyes: That's right. I said we. I didn't say a person, we. Chair King: Super majority. Commissioner Diaz de la Portilla: How about super majority? Vice Chair Carollo: Super majority. Chair King: Super majority. Commissioner Diaz de la Portilla: How about four of five or three of four? Vice Chair Carollo: Four -fifths. City of Miami Page 113 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Chair King: Right, super majority. Four -fifths. Commissioner Diaz de la Portilla: If it's super majority -- four -fifths, if a super majority agrees, then we extend the time. So, you got it? Ms. Mendez: I would request since you have all these wonderful planning items, can I just look at the legislation to see what that would look like because I just want to clam right now the way that the legislation is drafted is that you can grant more time, but I don 't know if Chair specifically, or the body, and then Commissioner Carollo's making certain points, and you are too, so I just want to make -- I want to see what's there, a second, so, please. Commissioner Diaz de la Portilla: Okay, so we'll -- let's give her, how about 30 seconds? Chair King: So, let's pass -- Commissioner Diaz de la Portilla: If we give her 30 seconds. She can do it in 30. Commissioner Reyes: Maximum of two minutes. Chair King: Let's do FR.1 and FL. 2. Commissioner Diaz de la Portilla: And we come back. Chair King: Do I have a motion for -- Commissioner Diaz de la Portilla: I move FR.1. I move FR.2 [sic]. Chair King: And FL.2. Commissioner Reyes: FL.2. Commissioner Diaz de la Portilla: Yes, I move that one, too. Chair King: Motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries, and we'll come back to -- Commissioner Reyes: Now, FR.2, we can, with the amendments, you see, can -- we can vote on it. City of Miami Page 114 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 FR.2 ORDINANCE First Reading 13139 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE," TO LIMIT WHEN MEMBERS OF THE PUBLIC MAY DONATE SPEAKING TIME TO OTHER MEMBERS OF THE PUBLIC; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: For additional minutes referencing Item Number FR.2, please see "Public comments for all item(s)" and FR.1. Chair King: That concludes -- Todd B. Hannon (City Clerk): Chair, Chair, FR.2. Chair King: Is FR. 2 -- Mr. Hannon: Still in play. Commissioner Diaz de la Portilla: Which one? Mr. Hannon: FR.2, the donation of time to public speakers is still in play. Vice Chair Carollo: No, we voted on it. Chair King: No. Commissioner Reyes: We, we -- Vice Chair Carollo: Okay? Chair King: If Todd said we didn't, we didn't. Commissioner Diaz de la Portilla: Five minutes, we voted for -- otherwise -- all right, Todd. Mr. Hannon: We're waiting on the City Attorney to review -- Chair King: Oh yeah, that's right. Commissioner Reyes: Five minutes and -- Vice Chair Carollo: And a four -fifths. City of Miami Page 115 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: Five minutes and a four -fifths to allow for additional time. Commissioner Reyes: For additional time. Vice Chair Carollo: For additional two minutes. Commissioner Reyes: For additional two minutes. Commissioner Diaz de la Portilla: For additional two minutes, right. Well, Commissioner Carollo threw the additional two minutes into it, but that works for me too. Vice Chair Carollo: Well, I thought that's what you guys meant. Commissioner Diaz de la Portilla: But that works, too. He always has a curveball. It's always a curveball there at the end. I love it. [Later... } Commissioner Diaz de la Portilla: Let's go home. Vice Chair Carollo: And then we have to do the -- Commissioner Diaz de la Portilla: We have to do the five minutes, the four -fifths, the two additional minutes. Victoria Mendez (City Attorney): Okay, so -- Commissioner Diaz de la Portilla: So, why don't you tell us what it is so we know what we're voting on, how about that? Ms. Mendez: No, I have -- Vice Chair Carollo: You have it? Ms. Mendez: Okay, so thank you for giving me the time, I just wanted you to know, right now, as this Code section reads, it says, "Any member of the public shall be entitled to speak on any proposition before the City Commission in which the City Commission may take action through the presiding officer unless further time to speak is granted by the presiding officer of the City Commission, any person addressing the Commission shall limit his or her time to two minutes." So, I needed everyone to understand that it's not the majority, like Commissioner Carollo was saying, it's the presiding officer. It's not subject to the rest of the Commission, it's the presiding officer. So, if you want to amend the extra time, then that provision, granted by the presiding officer of the Commission, would need to be granted by -- Vice Chair Carollo: Four -fifths. Ms. Mendez: -- a super majority of the members -- Commissioner Diaz de la Portilla: Four -fifths. Ms. Mendez: -- present. Commissioner Diaz de la Portilla: Yeah. City of Miami Page 116 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Reyes: Super majority. Ms. Mendez: And then it would be changing the added language to two members of the public, for a total speaking time of five minutes. So, a speaker may receive the donation of speaking time from no more than one member -- no more than two members of the public for a total speaking time of five minutes. Vice Chair Carollo: Okay, and then the last part, on the four -fifth, it would be for two additional minutes only. Commissioner Diaz de la Portilla: Correct. Ms. Mendez: Okay, so, you're right. Thank you for catching that. So, I am leaving the regular time of two minutes. It's still going to be as always, the presiding officer, but if you want to increase it to the five minutes, then that would be -- Vice Chair Carollo: No, no, what we're talking about, anything beyond five minutes - Chair King: Right. Commissioner Diaz de la Portilla: Correct. Vice Chair Carollo: -- where we have to have the four -fifths in agreement, it will be for only an additional two minutes. Commissioner Diaz de la Portilla: Correct. Ms. Mendez: Okay, I'm sorry. If we want to increase it to the five minutes, or if you want to increase it past the four minutes that we had talked about? Vice Chair Carollo: Yeah, past the five minutes that we have here. In other words, if we allowed the five minutes and somebody wants more time beyond the five minutes -- Ms. Mendez: Then that is the only super majority portion. Vice Chair Carollo: Right, but if the super majority approves it, it could only be for an additional two minutes. That's part of it. Commissioner Diaz de la Portilla: Okay. Ms. Mendez: Okay, so I just want to be clear on this -- Commissioner Diaz de la Portilla: Be clear quickly because I have to go to the restroom so. Ms. Mendez: I understand, I'm sorry. So, as drafted right now, it was a donation of time for four minutes. You're -- we're amending it to five minutes. If it's going to be anything more than that -- Vice Chair Carollo: No, no, no, no, no. Ms. Mendez: -- for a total of two more -- Commissioner Diaz de la Portilla: No, no, no, no, no. Vice Chair Carollo: No, no, no. City of Miami Page 117 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Ms. Mendez: So then -- Vice Chair Carollo: It's the two minutes that they get, plus an additional three minutes -- Commissioner Diaz de la Portilla: Correct. Vice Chair Carollo: -- then -- three minutes of donation of time -- Commissioner Reyes: That's right. Vice Chair Carollo: -- for a total offive minutes. Ms. Mendez: Right. Commissioner Diaz de la Portilla: Correct. Commissioner Reyes: Now, if we decide -- Commissioner Diaz de la Portilla: If we decide to go beyond the five minutes, then it requires a four -fifths. Ms. Mendez: Okay, so a -- Vice Chair Carollo: And only for two more minutes -- Commissioner Diaz de la Portilla: That's very simple. Ms. Mendez: -- super -- right. Commissioner Reyes: It's only for two additional minutes. Ms. Mendez: And it's a super majority of members present, not necessarily -- Commissioner Diaz de la Portilla: That's fine. Ms. Mendez: -- the whole Commission -- Commissioner Diaz de la Portilla: That's fine. Ms. Mendez: -- right? -- because -- Commissioner Diaz de la Portilla: So moved. Ms. Mendez: Okay. Commissioner Diaz de la Portilla: All right, we got it, we understand. Ms. Mendez: So, the only thing that's being amended is five -- these five minutes that we 've talked about here. For it to be more than that, it has to be super majority, yes? Commissioner Reyes: And, and -- Commissioner Diaz de la Portilla: Correct. City of Miami Page 118 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Reyes: -- amended also, and if the body considers that additional time -- additional two minutes. Ms. Mendez: Right, so -- Commissioner Reyes: And then we vote on it -- Ms. Mendez: -- from five to seven, that's when it would be a super majority. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: Correct. Ms. Mendez: Yes? Vice Chair Carollo: Bottom line is make sure that our math is right, that the outmost time -- Commissioner Reyes: Is seven. Commissioner Diaz de la Portilla: Is seven minutes. Vice Chair Carollo: -- is going to be seven minutes. Commissioner Diaz de la Portilla: Correct. Vice Chair Carollo: Their two minutes, the three minutes of donated time -- Commissioner Diaz de la Portilla: Correct. Commissioner Reyes: (UNINTELLIGIBLE). Vice Chair Carollo: -- and then if we're ever convinced that they need two more minutes, a four -fifth has to approve it, and they can only get two more minutes. Commissioner Diaz de la Portilla: Correct. Vice Chair Carollo: For a total of seven. Commissioner Diaz de la Portilla: Total. Ms. Mendez: Okay, and please note that this legislation also said, "However, the Chair may allow a representative of a group, on a position, to address the Commission, rather than all members of a group at meetings and a large number of individuals wish to speak and grant such group representative a reasonable time to speak." That was already here, that we're amending, but this is consistent with State statute, which you can give a group -- Commissioner Diaz de la Portilla: Well, but it doesn't mean that a group has more minutes, right? Ms. Mendez: Well, you can give them, yes. If you have 100 people here and there's one person, the Chair could -- as drafted, the Chair could give them 5 minutes to speak, 10 minutes, because it's a big group. Vice Chair Carollo: Yeah, well then, let's make sure that we clarify the time -- City of Miami Page 119 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: I don 't think so. Vice Chair Carollo: No more than five minutes. Ms. Mendez: So, also, that one will be -- the reasonable time to speak, which will be five minutes? Vice Chair Carollo: No, which will be no more than five minutes. Commissioner Diaz de la Portilla: No more than four minutes, why five? Vice Chair Carollo: It could be less. Commissioner Diaz de la Portilla: Yeah. No more than five minutes. Ms. Mendez: No more -- Commissioner Reyes: Wait, wait, wait. Chair King: This has gotten so complicated. Commissioner Diaz de la Portilla: It's not. Chair King: All we wanted to do was to ensure that -- Commissioner Diaz de la Portilla: People don't abuse it. Chair King: -- no one take advantage by having 50 people come from outside of the City -- Commissioner Diaz de la Portilla: Of course. Chair King: -- and stand up and say, I donate my time. I donate my time." That's all we're trying to do. Vice Chair Carollo: Yeah, like I said -- Commissioner Diaz de la Portilla: By the way, we really want is to make it right. No one that does not live in the City of Miami should be able to address this Commission, by the way. Chair King: No, that's not fair. That's not constitutional. Commissioner Reyes: Madam Chair -- Commissioner Diaz de la Portilla: I know it's not. Commissioner Reyes: -- let me add something to this. Vice Chair Carollo: It's not legal. Commissioner Reyes: I will add -- Commissioner Diaz de la Portilla: I know, I know, I know. Commissioner Reyes: -- to that, that if they want -- I mean, there is a large group, to ask for special presentation. City of Miami Page 120 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: So, somebody comes from New York, they can address this commission? Chair King: Yes, yes. Commissioner Reyes: That's right. (UNINTELLIGIBLE) that's 10 minutes what was given to them. Commissioner Diaz de la Portilla: Okav, San Francisco -- Chair King: Yes, as long as -- Commissioner Reyes: Okay. Chair King: -- as long as they're speaking -- Commissioner Diaz de la Portilla: London? Chair King: -- on an item that is before us. Now, we 've just gone punch-drunk. It's late. Commissioner Reyes: Okay. Okay, let 's vote -- Vice Chair Carollo: I call the question. Commissioner Diaz de la Portilla: But we 're having fun -- Vice Chair Carollo: I call the question. Commissioner Diaz de la Portilla: -- so we can have some fun at the end of the day, right? Chair King: Yes. Vice Chair Carollo: I call the question. Commissioner Reyes: Call the question. Chair King: Call the question. I don't know what the question is. I don't know where we are. Ms. Mendez: Right. So, as of right now it's just my -- no more than two members, total of five minutes, and any additional time is super majority of those president [sic] for a total of seven minutes. Commissioner Diaz de la Portilla: Yes. Ms. Mendez: That's all I'm changing. Chair King: Yes. Ms. Mendez: Based on what you saw. Commissioner Diaz de la Portilla: Okay. Chair King: Yes. City of Miami Page 121 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: Are we ready? Mr. Hannon: And Chair, who's the seconder? I have Commissioner Diaz de la Portilla moving it. Who's the seconder? Commissioner Diaz de la Portilla: Commissioner -- who 's going to second it? Chair King: Pick one. Commissioner Reyes: I second. Commissioner Diaz de la Portilla: Commissioner Reyes. Let's vote on it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: One -- one -- no? Procedurally -- let me check something procedurally. One second. (COMMENTS OFF THE RECORD). Ms. Mendez: I'm sorry. Chair King: No, Nick is asking. Ms. Mendez: Oh, okay. Chair King: Okay, and this concludes the City of Miami Commission meeting for January 26th, 2023. Thank you. Mr. Hannon: And FR.2 passed 4-0, correct? Chair King: 4-0. Mr. Hannon: Okay. END OF FIRST READING ORDINANCE City of Miami Page 122 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 BU.1 13186 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: And we can also have the BU.1, status on the FYI [sic] 23 current and FYI [sic] for 24 proposed budgets. Marie Gouin (Director, Budget): Good afternoon, Chair, Commissioner. This is an update on the actuals so far through December 2022, which is really the first quarter of the fiscal year. Okay, that's better. I can go through the summary and discuss it, or I can go through all the slides. It's not a lot; it's only four slides. But this is the projection that we -- staff have worked on. The projection -- just be mindful that it's preliminary; it's the first quarter. The numbers will change as we continue to analyze the information as we receive them. And if you look at -- I'll go to the last slide and just give you a summary. At this time, through December 2022, revenues are exceeding expenses to the tune of 37.7 million. And the internal service fund also has a surplus of 1.5 million, which really is now being projected for the balance of the fiscal year of 39.1 million. But just be mindful of the fact that the 30.9 million is really early in the year. We have negotiations coming up. We also have to meet our financial principle -- based on our reserves -- guideline, so it's really early in the year for us to really count on the 39.1 million. As time goes on, that number will change. And I did send the report. I don 't know if you had a chance to look at it, if you have any questions for me. Chair King: I don't. Do you? Commissioner Reyes: Yes. Yes, I know that I see that we have the $5 million, which is a contingency reserve, which is mandated, right? Ms. Gouin: Say it again. I couldn't hear you, I'm sorry. Commissioner Reyes: The $5 million that is the contingency reserve -- Ms. Gouin: Yes. Commissioner Reyes: -- and it is mandated that we have to have it. Ms. Gouin: I have to have it, yes. Commissioner Reyes: That's right. And -- but that is included in the $39 million? City of Miami Page 123 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Ms. Gouin: That include -- that -- yes. Commissioner Reyes: That is included -- Ms. Gouin: (UNINTELLIGIBLE), yes. Commissioner Reyes: -- so for all practical purposes, that 39 -- Ms. Gouin: Is really 34. Commissioner Reyes: -- it will be 34 what will be available -- Ms. Gouin: Yes. Commissioner Reyes: -- ifwe need to use it. Ms. Gouin: Yes, correct. Commissioner Reyes: Okay, thank you. Ms. Gouin: Okay. Anything else? Okay. Chair King: No, thank you. Ms. Gouin: Thank you. Chair King: Mr. City Clerk, can you see if we can get a quorum so we can proceed with the agenda? Todd B. Hannon (City Clerk): Yes, ma'am. END OF BUDGET City of Miami Page 124 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 DI.1 13008 City Manager's Office DI - DISCUSSION ITEMS DISCUSSION ITEM A DISCUSSION OF THE MIAMI CITY COMMISSION WITH THE LGBTQ+ ADVISORY BOARD REGARDING CITY OF MIAMI'S HRC MEI SCORE AND SUGGESTED POLICY AMENDMENTS TO INCREASE SCORE RESULT: DISCUSSED Chair King: Good afternoon. Orlando Gonzales: Hey, good afternoon. It's great to be here with you. My name is Orlando Gonzales. I am the executive director of SAVE (Safeguarding American Values for Everyone), but also a member of the City of Miami LGBT (Lesbian Gay Bisexual Transgender) Advisory Board. And what I want to do first is congratulate the City because, in 2020, the City scored a 75 out of 100 on the Human Rights Campaign Municipal Equality Index. But the work that the Commission has done, the City staff has done, has raised the score from 75 to 89, so it's a tremendous growth that we have experienced. When you all put together the advisory board, one of the things that you agreed with was that there was a commitment to raising the score -- the MEI (Municipal Equality Index) score of the index. In that process -- Chair King: Could you explain what that score means and the significance of it being increased/raised? Mr. Gonzales: Absolutely, absolutely. So, the Human Rights Campaign Municipal Equality Index measures how LGBT friendly a city is, and cities throughout the United States are rated on a scale of 1 to 100, 100 being a perfect score. So, the City has now gone from a 75 to an 89 in just two years, which is a big increase. One of the things that was done in the process is that the Commission deputized the work to the City Manager to be able to get a lot of more work done to be able to get to 100. In the process of that, one of the criteria from HRC, from the Human Rights Campaign, is that the solutions that are done are done through a resolution or through passing of a bill. And so, rather than having it all deputized to the City Manager to just do the work, they want resolutions passed. And so I'm just here to urge you to take the next step and continue to be able to pass the resolutions that are under some of the proposed pieces that are there to be able to get a perfect score. I also wanted to share with you that -- just to put it in context, Coral Gables has a score of 95. Miami Shores has a score of 85. Hialeah has a score of 56. And historically, the City of Miami Beach has a perfect score of 100. They failed to apply this past year, so we 're all kind of competing against that perfect score. Any other questions? Unidentified Speaker: Thank you. Chair King: No. Mr. Gonzales: That's it? Chair King: I don 't think so. Thank you. City of Miami Page 125 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 DI.2 12930 City Manager's Office Mr. Gonzales: Awesome, thank you. Chair King: And is there anything that you need from us? Mr. Gonzales: Just to take the advisement from the advisory board to be able to pass the resolutions that are upcoming. Chair King: Okay. Mr. Gonzales: Okay. Chair King: Thank you so much. Mr. Gonzales: Awesome, thank you. DISCUSSION ITEM A DISCUSSION REGARDING TAKING ANY AND ALL ACTIONS IN RELATION TO ESTABLISHING THE CITY OF MIAMI'S LEGISLATIVE PRIORITIES FOR THE 2023 FLORIDA LEGISLATIVE SESSION AND THE 117TH UNITED STATES CONGRESS. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: Item DL2 was deferred to the February 9, 2023, City Commission Meeting. END OF DISCUSSION ITEMS City of Miami Page 126 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 PART B: PZ - PLANNING AND ZONING ITEM(S) PZ.1 ORDINANCE First Reading 12858 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 "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 3424 AND 3442 SOUTHWEST 37 AVENUE, 3714 AND 3718 WASHINGTON AVENUE, AND 3719 THOMAS AVENUE ("ASSEMBLAGE A"); FROM "SINGLE FAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 3475, 3479 AND 3481 HIBISCUS STREET, 3475 AND 3435 WILLIAM AVENUE; FROM "SINGLE FAMILY RESIDENTIAL/ MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 3452, 3440, 3430 AND 3460 THOMAS AVENUE AND 3456 ELIZABETH STREET (ASSEMBLAGE B"); AND FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 3135, 3145, 3153, 3163, AND 3173 MUNDY STREET, AND 3645 AND 3633 DAY AVENUE ("ASSEMBLAGE C") MIAMI, FLORIDA, (COLLECTIVELY, "THE ASSEMBLAGE") MORE PARTICULARLY DESCRIBED IN "COMPOSITE EXHIBIT A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: Item PZ.1 was deferred to the March 9, 2023, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number PZ.1, please see "Public comments for all item(s)." Chair King: Do we want to -- we did the budget discussion, we did the LGBTQ+ (Lesbian, Gay, Bisexual, Transgender, Queer) Advisory Board, the score. So, we are on our PZ (Planning and Zoning) items now. While she is checking, can we have another city attorney read into the record the titles for our PZ items? Anybody available? Ms. Mendez: On the PZ items, we're doing PZ.1, 2, and 3? Okay. City of Miami Page 127 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Reyes: 1, 2, 3, I move it. Chair King: 5, 6, 7 -- now -- Commissioner Diaz de la Portilla: Hold on. Chair King: -- there was some folks that came this morning for public comment, and they took issues with PZ.1, 2, and 3, and this is -- these are D2 (District 2) items. Would my colleagues like to defer PZ.1, 2, and 3, until the election? Commissioner Reyes: I -- one thing that I -- you see, I was against deferring it last time because they are -- this one includes -- it's going to affect institutions that they provide social services, you see? Chair King: Well, there -- Commissioner Reyes: And that is the truth, and also, I believe that what they're doing is, it is needed, you see, if we 're going to have a parking garage and all of that, that is needed for the -- particularly for those businesses on Grand Avenue that they don't have any parking. Chair King: Okay, well -- Commissioner Reyes: I move it. Chair King: -- a resounding number of residents spoke to -- they were in support of the legislation with the exception ofAssemblage A? Assemblage A. So, I'm amenable to passing it without Assemblage A. Lakisha Hull: Chairwoman -- the Planning Director -- there is a substitution for PZ.3 that I would like to read into the record. Chair King: Okay. Ms. Hull: It's a substitution that says at the request ofDistrict 1. Chair King: Okay. Ms. Hull: So, the PZ.3 is in regards to legislation for the Little Bahamas area and the requested substitution would be in regards to the -- how density is defined. So, per Section 2.5.1.d.3, the substitution is to include language that states, "To include substandard lots, density as defined herein is calculated as the net area of the lot plus half of the abutting street, rights -of -ways, and where such space adjoins lots on two adjacent sides. The area thus added shall include the area required to complete the gap otherwise left at the intersection." And so this would require a second meeting at PZAB (Planning, Zoning & Appeals Board) to -- in order for this to move forward. Chair King: So, -- Commissioner Reyes: I think that -- Chair King: Melissa? Melissa Tapanes: Yes, thank you. Good afternoon, Melissa Tapanes, law offices at 200 South Biscayne Boulevard, Miami. I represent the owners of Assemblage A, 34422 [sic] Southwest 37th Avenue LLC (Limited Liability Company) and Jelly City of Miami Page 128 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Salmon JV CG LLC. We presented our item at the Planning, Zoning and Appeals Board, received a unanimous recommendation for approval. At that time we had supporters, and at the last reading, two weeks ago, we also had supporters here to speak in favor of our application. Several of the items mentioned this morning by public speakers are simply not accurate. We had numerous public meetings, about 20 -- over 20 public meetings about our item. The entire Coconut Grove neighborhood is aware of our item. It is necessary. We are developing the surface parking area at the southwest corner of Grand and Douglas, which is the historical surface parking area. Today, it's used for the Frankie Shannon Rolle temporary facility at the southeast corner, that will be developed, and the West Coconut Grove neighborhood will have no more public parking. Our Assemblage A is necessary to accommodate a parking -- structured parking that could be open to the community. The GRACE -- Mr. Noel represents on behalf of GRACE (Grove Rights and Community Equity), they have asked us to provide for affordable housing in our three-story building that's being proposed. This is an up -zone from T3-O to T4-O, to allow for that three-story building. And while we're very supportive of affordable housing and have worked with the community on PZ.3, we do not believe that all of West Coconut Grove must be affordable housing. We believe in a sustainable community and that is consistent with the West Grove CRA (Community Redevelopment Agency) master plan that we 've been working on for over two years as part of public outreach, as well as the NCD-2. And again, we made that presentation at Planning, Zoning and Appeals Board with a unanimous recommendation for approval. Guerby Noel: If I may. Just as the community members stated earlier, there were meetings. I mean, as Ms. Tapanes pointed, there were meetings. However, what's missing from what she stated was actually if they showed their support for the actual project as it was stated. There hasn't been any support for the project that they're proposing here. Just to take a step back, as far as the garage that they're proposing as an amenity to the community, if you take a look at PZ Item 1 and 2, there aren 't any changes in the zoning designation for that particular property that's located on the corner of Grand and Douglas. The real change here, really, is with regards to the properties that are sitting between Washington and Thomas. Now, that particular neighborhood is a residential neighborhood, and to take a look back at the affordable housing study that was done, you know, one of the main proponent -- or one of the main components of the study is that maintaining the character of the neighborhood is a priority, and here, what they're proposing is to put an office space, or retail space, right in front of a neighborhood that directly abuts someone's single-family home that sits directly across the street from a school. It doesn 't stand with the character of the neighborhood and, you know, specifically, with regards to our objection to their inclusion in this resolution is that this whole directive was started because of Commissioner Russell's want to bring affordable housing to the community. And you know, to Commissioner Reyes's point, his understanding of there being, you know, other organizations involved in here that provide civil services to the community, that is true. That's why this objection here is particularly limited in the sense that it's only to the inclusion of Assemblage A, and to that end, I'll stop there. Ms. Tapanes: Mr. Noel does not represent the community. Chair King: Hold on, wait, hold on. Neither do I, and that is my issue. I do not represent this community. I don't know what street you're talking about and I don't want to decide because I don't know, and I would feel more comfortable -- Commissioner Diaz de la Portilla: I move that we defer PZ. 1, PZ.2, and PZ.3 to the next meeting. Vice Chair Carollo: Hold on, look, PZ.3 -- City of Miami Page 129 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Reyes: That's right. Vice Chair Carollo: -- you said that Commissioner Russell was looking to have affordable housing, correct? Mr. Noel: Correct. Vice Chair Carollo: Well, Commissioner Russell is the one that's sponsoring PZ.3. Mr. Noel: Correct. Chair King: He doesn 't object to PZ.3. They -- Mr. Noel: I don 't object to it, it's just the inclusion ofAssemblage A is all. Chair King: It's -- it's -- Vice Chair Carollo: It's the inclusion -- Mr. Noel: The inclusion of Assemblage A. Chair King: Assemblage A. Vice Chair Carollo: Assemblage A, okay. Chair King: Which is the one I tried to take out, but again -- Vice Chair Carollo: But that was part of what Commissioner Russell -- Commissioner Reyes: That was part of it -- Ms. Tapanes: It is. Mr. Noel: Yeah, it is. Vice Chair Carollo: -- sponsored, correct? Commissioner Reyes: It is. Mr. Noel: Yeah, it is. That is correct. It is part of it and -- Commissioner Reyes: But it was recommended. Mr. Noel: -- to quote what he said specifically, he's identifying good stewards of the community who are here to provide affordable housing. Commissioner Diaz de la Portilla: Why are we talking about Commissioner Russell? Mr. Noel: No, I'm only -- Commissioner Diaz de la Portilla: Yeah -- Mr. Noel: No, I certainly understand that. Commissioner Diaz de la Portilla: -- he yesterday's newspaper. Mr. Noel: Of course. City of Miami Page 130 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: Forget about that. Mr. Noel: Of course. Commissioner Diaz de la Portilla: So now, I move that we defer PZ.1, PZ.2, PZ.3 until the first meeting in March where we have a commissioner from District 2 -- duly elected commissioner, and then they can have a voice in what happens here. How about that? Chair King: I second that motion. Commissioner Diaz de la Portilla: Okay. Vice Chair Carollo: Okay, all right. Chair King: We have a motion and a second. Commissioner Reyes, ready to vote? Commissioner Reyes: Well, I don't agree with that. I think that this is a project -- I mean, it was a suggestion by Commissioner Russell and you and I are the sponsors of this. Chair King: Right, but, you know -- Commissioner Reyes: I know, we're in agreement that this is needed -- Chair King: -- there was -- but there was -- Commissioner Reyes: -- the Little Bahamas. Chair King: Right. There was sufficient public comment. I listened -- I actually listened to our public commenters and there was sufficient public comments that gave me pause and I would just feel more comfortable -- Commissioner Reyes: Yes. Chair King: -- if the commissioner of this district -- and deferring it until March is not going to make or break -- Commissioner Diaz de la Portilla: The world will not end. No. Chair King: -- the world is not going to end if we defer it until we have a commissioner for this area. Commissioner Reyes: Okay. Chair King: That's all I'm saying. Commissioner Reyes: Okay. Chair King: So, I have a motion and a second. All in favor? The Commission (Collectively): Aye. Chair King: All against? Motion carries. Ms. Tapanes: Thank you. City of Miami Page 131 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 PZ.2 ORDINANCE First Reading 12859 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF Planning ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM: "T3-O" SUB -URBAN TRANSECT ZONE — OPEN TO "T4-O" GENERAL URBAN TRANSECT ZONE -OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY GENERALLY LOCATED AT 3424 AND 3442 SOUTHWEST 37 AVENUE, 3714 AND 3718 WASHINGTON AVENUE, AND 3719 THOMAS AVENUE; MAINTAINING THE ZONING CLASSIFICATION OF "T3-O" SUB -URBAN TRANSECT ZONE — OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY GENERALLY LOCATED AT 3735 WASHINGTON AVENUE, AND MAINTAINING THE ZONING CLASSIFICATION OF "T5-O" URBAN CENTER ZONE— OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY GENERALLY LOCATED AT 3710 GRAND AVENUE ("ASSEMBLAGE A"); CHANGING THE ZONING CLASSIFICATION OF "T3-R" SUB -URBAN TRANSECT ZONE — RESTRICTED TO "T4-O" GENERAL URBAN TRANSECT ZONE — OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTIES GENERALLY LOCATED AT 3475, 3479, AND 3481 HIBISCUS STREET, 3475 AND 3435 WILLIAM AVENUE, 3452, 3440, 3430, AND 3460 THOMAS AVENUE, AND 3454 AND 3456 ELIZABETH STREET, AND CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN TRANSECT ZONE — RESTRICTED AND "T5-O" URBAN CENTER TRANSECT ZONE — OPEN TO "T4-O" GENERAL URBAN TRANSECT ZONE - OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY GENERALLY LOCATED AT 3449 HIBISCUS STREET ("ASSEMBLAGE B"); AND CHANGING THE ZONING CLASSIFICATION FROM "T3-O" SUB -URBAN TRANSECT ZONE - OPEN TO "T4-O" GENERAL URBAN TRANSECT ZONE - OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY GENERALLY LOCATED AT 3135, 3145, 3153, 3163, AND 3173 MUNDY STREET AND 3645 AND 3633 DAY AVENUE ("ASSEMBLAGE C"), MIAMI, FLORIDA, (COLLECTIVELY THE "ASSEMBLAGE") MORE PARTICULARLY DESCRIBED IN "COMPOSITE EXHIBIT A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 132 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: Item PZ.2 was deferred to the March 9, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number X, please see "Public comments for all item(s)" and PZ.1 PZ.3 ORDINANCE First Reading 12860 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING APPENDIX A, SECTION A.2, TITLED "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICTS 2 (NCD-2)", TO MODIFY THE EXISTING MIXED USE CULTURAL DISTRICT BOUNDARY, CREATE NEW USES DEFINITIONS, INTRODUCE DEVELOPMENT AND PARKING FLEXIBILITIES, AND CREATE NEW REGULATIONS AND DEVELOPMENT GUIDELINES FOR AFFORDABLE HOUSING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: Item PZ.3 was deferred to the March 9, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number X, please see "Public comments for all item(s)" and PZ.1. City of Miami Page 133 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 PZ.4 ORDINANCE First Reading 8166 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 1, SECTION 1.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TITLED "DEFINITIONS/DEFINITIONS OF BUILDING FUNCTION: USES," AND SECTION 1.2 OF THE MIAMI 21 CODE, TITLED "DEFINITIONS/DEFINITIONS OF TERMS"; ARTICLE 3, SECTION 3.4 OF THE MIAMI 21 CODE, TITLED "GENERAL TO ZONES/DENSITY AND INTENSITY CALCULATIONS"; ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE, TITLED "STANDARDS AND TABLES/BUILDING FUNCTION: USES," AND TABLE 4, TITLED "STANDARD AND TABLES/DENSITY, INTENSITY AND PARKING"; ARTICLE 6, TABLE 13 OF THE MIAMI 21 CODE, TITLED "SUPPLEMENTAL REGULATIONS"; AND ARTICLE 7, SECTION 7.2, TITLED "PROCEDURES AND NONCONFORMITIES/NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS", TO ALLOWAND ESTABLISH DEFINITIONS AND REGULATIONS FOR CO -LIVING RESIDENTIAL USES AND TO MODIFY THE REGULATIONS FOR MICRO DWELLING UNITS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes PZ.5 ORDINANCE First Reading 10771 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), SPECIFICALLY BY AMENDING ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS", TO PROVIDE CLARIFICATION AND ADDITIONAL STANDARDS REGARDING OUTDOOR DINING AND OPEN AIR RETAIL; ALLOWING OUTDOOR DINING BY RIGHT IN CERTAIN CIRCUMSTANCES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading with Modification(s) RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: For additional minutes referencing Item Number X, please see "Public comments for all item(s). " City of Miami Page 134 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Chair King: Which leaves us with PZ.5, 6, and 7. Do I have a motion -- Lakisha Hull (Director, Planning): Madam Chairwoman? Chair King: Oh, we can 't take 6 and 7 up at the same time, right? Ms. Hull: And PZ.5 has a substitution as well. Chair King: Okay, are you going to read that into the record? Commissioner Reyes: I want to second PZ.5. Chair King: PZ.5, outdoor dining. Ms. Hull: Yes, so the substitution should've been distributed prior to this meeting. It's the substitution memo that was received on January 24th. The summary of the substitution is that it allows for the legislation to include properties that's in the transect DI and transect D2 to follow the current by right outdoor dining process and then there is a request as part of this legislation to have an established area. The established area would be created to focus on dense commercial areas, the business improvement districts, redevelopment areas, and the urban central business district that would be able to allow to proceed under the warrant by right process if it meets certain criteria. And the complete legislation has the boundaries of this established area and it's -- like I said, it's included in the substitution for record, and we have a map as well for illustrative purposes. Vice Chair Carollo: And Chair? Chair King: Yes, Vice Chair? Vice Chair Carollo: Thank you. I was informed during the break that, "Oops," there was a mistake made and everybody was very apologetic but they went ahead and included a piece of District 3, by the Miami River, I think, a long piece of it, all the way to US -I, and I was told, in this. At the same time, let me, before I proceed, ask Commissioner Reyes a question. Commissioner Reyes, the DDA (Downtown Development Authority) boundaries, they go across the Miami River into what part of Brickell? Commissioner Reyes: They go as far as -- I think it's about IOth Street, something like that. Vice Chair Carollo: About IOth Street and Brickell? How much -- and they only go up to the Metrorail, right? Commissioner Reyes: It goes to -- let me see, I have it here. No, the DDA is what he was talking about. Vice Chair Carollo: Yeah, DDA boundaries. Commissioner Reyes: Yes, it is -- what street is this? I don 't know, I can 't see it. (COMMENTS MADE OFF THE RECORD) Commissioner Reyes: I can 't see it on the map. Vice Chair Carollo: Okay. City of Miami Page 135 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Reyes: But it goes on Brickell -- I mean -- Vice Chair Carollo: Yeah. Commissioner Reyes: -- around 14th or something like that. Vice Chair Carollo: And then it goes up to I st Avenue, by Metrorail there. Commissioner Reyes: Yeah. Vice Chair Carollo: Okay, which is all apartment buildings. Commissioner Reyes: Yes. Vice Chair Carollo: I am going to propose this -- that this ordinance would be amended only for the DDA boundary that includes downtown and the portion of Brickell that DDA covers. Commissioner Reyes: That 's fine. Vice Chair Carollo: Only to that area because let's lay it on the table, this ordinance is really for Downtown Miami which is extremely different than any other of our districts and neighborhoods, all together. Downtown Miami needs some kind of help to get life back into it. Hopefully, with the amounts of monies that are being spent now, and the street improvements, that will go a long way in accomplishing that, but at the same time, I could understand the need to try to get things done quicker in downtown, even though I don't like to give anything away by right like that. I also want a downtown that's going to be a downtown that people are going to use day and night. Commissioner Reyes: Yeah. Vice Chair Carollo: And in downtown, we don't have the problems that we have in all of our other districts where -- Commissioner Reyes: Yeah, but -- Vice Chair Carollo: -- they abut residential areas. Commissioner Reyes: Yeah. Vice Chair Carollo: That's my biggest concern. So, my substitute to the ordinance would be -- Commissioner Reyes: DDA. Vice Chair Carollo: -- that it would strictly be to the DDA -- Commissioner Reyes: Boundaries. Vice Chair Carollo: -- boundaries, and that if this is challenged in court by anyone, that it reverts back to what the law is now, automatically. I don't know how you could work that in there. Commissioner Reyes: I agree with it. I'll take that amendment as the sponsor and thank you because you really capture the intent of this ordinance. City of Miami Page 136 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Vice Chair Carollo: Look, I think as DDA Chairman, you had an obligation -- Commissioner Reyes: Yes, I do. Vice Chair Carollo: -- and I compliment you for that, and listening to a lot of the people who are trying to make Downtown Miami work in the day, in the afternoon, and at night. Commissioner Reyes: Yes, sir. Vice Chair Carollo: And a lot of these people are putting their money where their mouth is. Commissioner Reyes: Yeah, finally. Vice Chair Carollo: So, as much as I dislike just giving rights away like this, I'm only going along with it because of how important it is to all of us, to the rest of the whole city, to bring life -- Commissioner Reyes: To downtown. Vice Chair Carollo: -- back to downtown. Commissioner Reyes: Yes. Yes, sir. Vice Chair Carollo: But outside of that -- Commissioner Reyes: That's the intent. That's the only intent. Vice Chair Carollo: -- outside of that, nowhere else in the city, plus, as I stated, downtown does not have any residential areas that's going to be abutting any of these buildings. However, Madam City Attorney, if it's challenged in court, then it reverts back to what we have today. Commissioner Reyes: Well, she should defend it. Is this defensible? Vice Chair Carollo: Well -- Victoria Mendez (City Attorney): Well, with the -- Vice Chair Carollo: -- everything is defensible. Ms. Mendez: Right. If it's done -- Commissioner Reyes: 50/50. Commissioner Diaz de la Portilla: Can you win? Ms. Mendez: Right, if it's just the DDA boundaries, yes, we had drafted it in other ways for it also to be defensible as well, but the DDA is great for me. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Okay. Commissioner Reyes: That's fine. City of Miami Page 137 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: I have a question, Madam Chair? Chair King: Go ahead. Commissioner Diaz de la Portilla: So, the Downtown Development Authority's boundaries are artificial, political boundaries, right? So, it could be one avenue, or the next avenue, or, you know, it depends who drew it, and when they drew it, and what they decided was the Downtown Development Authority, right, area? Ms. Mendez: I disagree. Commissioner Diaz de la Portilla: Okay, well tell me how you disagree. Ms. Mendez: So -- Commissioner Diaz de la Portilla: So, tell me first so I understand because I want -- just clarification. What are the boundaries of the Downtown Development Authority? I mean, what are the boundaries? Ms. Mendez: So, the boundaries, I will defer to planning -- Commissioner Diaz de la Portilla: Can somebody describe to me? Ms. Mendez: -- and -- Commissioner Diaz de la Portilla: Tell me what avenue, what avenue, what street, what street. I mean, what falls under that jurisdiction? Just curious. (COMMENTS MADE OFF THE RECORD) Commissioner Diaz de la Portilla: Show me a map and then walk me through it because I want to know why one avenue west or one street north makes a difference and why we would lose in court if somebody challenges that. Ms. Mendez: Right, so if we 're going to talk about all the legal stuff -- Commissioner Diaz de la Portilla: No, no, we're not going to -- no, no, I'm not talk -- Ms. Mendez: -- I 'd like to brief you separately. Commissioner Diaz de la Portilla: It's a very simple question. What are the boundaries of the Downtown Development Authority? Ms. Mendez: Okay. Commissioner Diaz de la Portilla: What's your jurisdiction? Simple question. So, tell me and we'll take it from there. Ms. Hull: So, we 're in the process, sir, of grabbing the adapter to show it on the screen. Commissioner Diaz de la Portilla: Okay. Ms. Hull: But the areas that we're seeing on the map, it includes Brickell, the central business district, arts and entertainment district -- City of Miami Page 138 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: That's right. Ms. Hull: -- and it goes pretty much up to Edgewater. Primarily, it's east of I-95, and so hopefully we'll be able to share it on the screen shortly. Commissioner Diaz de la Portilla: Okay, perfect. Right, so I'll know what's the southern boundary, the northern boundary, the eastern boundary -- Commissioner Reyes: But, may I ask where are you reading? Commissioner Diaz de la Portilla: It's a simple question. Commissioner Reyes: No, no, it's a simple question, but I just want to know because maybe we can -- Ms. Mendez: Okay, we can -- Vice Chair Carollo: I think we have a consensus. Ms. Mendez: -- we can read what the DDA boundaries is -- Commissioner Reyes: Yes. Yes. Ms. Mendez: -- in the meantime. Commissioner Diaz de la Portilla: Yeah, yeah. Sure. Ms. Mendez: So, it's described as follows: "Begin at the intersection of the centerline of Northwest 5th Street -- Commissioner Reyes: That's it. Ms. Mendez: -- and Northwest 3rd Avenue, east of I-95; then runs southernly along the centerline of Northwest 3rd Avenue and the easterly side of I-95 to the centerline of West Flagler Street; thence westerly along the centerline of said West Flagler Street to the centerline of the Miami River; meandering southeasterly along the centerline of the Miami River -- Commissioner Diaz de la Portilla: Meandering, southeasterly. Okay, continue. Ms. Mendez: -- to the -- Commissioner Reyes: Meandering. Commissioner Diaz de la Portilla: I love when people meander. Okay, continue. Ms. Mendez: -- point of the intersection with the westerly right-of-way line at the Metro Rapid Transit right-of-way, formerly, the FEC (Florida East Coast) Railroad right-of-way -- Commissioner Diaz de la Portilla: Okay. Ms. Mendez: -- said right-of-way line being 50 feet westerly of the parallel with centerline of said Metro Transit right-of-way. Then, running southerly and southwesterly along the westerly right-of-way line of the Metro Rapid Transit to the intersection of the centerline of 15th Road. Then, southerly, along the centerline of 15th Road to the point of the intersection with the southerly prolongation of the City of Miami Page 139 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 westerly line of Costa Bella Development Subdivision -- when the picture comes up, let me know -- Commissioner Diaz de la Portilla: It's -- Ms. Mendez: -- and I can stop talking, okay. Commissioner Diaz de la Portilla: No, keep on going because it's a fascinating description and I need you to tell me when those boundaries were created, but first, finish the description. Ms. Mendez: There 's a lot more -- Commissioner Diaz de la Portilla: (UNINTELLIGIBLE). Ms. Mendez: There's like another two minutes of reading. Commissioner Diaz de la Portilla: That's fine, it doesn't matter because you know what? Details matter. Ms. Mendez: Okay, then northeast -- Commissioner Diaz de la Portilla: And you know what matters also? When these boundaries were created. Then we'll Google and see if that development still exist, but anyway, continue. Ms. Mendez: Then northeasterly, northwesterly and northeasterly along said westerly line of the Costa Bella -- Commissioner Diaz de la Portilla: Google Costa Bella, where they're at. Ms. Mendez: -- Costa Bella to the intersection with the southerly right-of-way line of the Southeast 14th Lane. Southeasterly, northeasterly, northerly, and northwesterly along said southeasterly and easterly right-of-way of the Southeast 14th Lane and Southeast 14th Terrace, to the intersection with the northwesterly property line of Lot 31, Block 2, of the Amended plat of Point View, as recorded in Plat book 2, Page 93, of the public records of Miami -Dade County, Florida. Then, northeasterly, along the northwesterly line of said Lot 31, to the northeasterly line of the existing 10 foot alley in Block 2 of said Point View. Then, southeasterly, along the northeasterly side of said 10 foot alley to the intersection with the property line between Lots 4 and 5 of said Block 2 of Point View. Northeasterly along said line of Lots 4 and 5, and its prolongation thereof to the centerline of Southeast 14th Street. Then southeasterly along said centerline of Southeast 14th Street, to a point of the intersection with the existing bulkhead of the shoreline of Biscayne Bay, meandering northerly along the existing bulkhead of the shoreline of Biscayne Bay to the point of the intersection with the southernly boundary of Claughton Island Bridge. Easterly, along the south the southernly right-of-way line of Claughton Island Bridge to the intersection with the westerly bulk line -- bulkhead line of Claughton Island -- Commissioner Diaz de la Portilla: Okay, okay -- Ms. Mendez: No, there 's more. Commissioner Diaz de la Portilla: That's enough. Ms. Mendez: There's more, come on. City of Miami Page 140 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: That's enough, but more -- I think the point's been made. The point's been made. Okay, so now, what do we have? When were these boundaries created? When were they defined? What you just started to read and you didn 't finish because everybody was falling asleep. So, where -- when were these lines created? Ms. Mendez: The DDA, one second, I'll tell you -- Commissioner Diaz de la Portilla: These boundaries? And the point I'm trying to make -- Commissioner Reyes: (INAUDIBLE) -- Commissioner Diaz de la Portilla: Well, hold on, hold on, Commissioner, if you mind. Commissioner Reyes: No, no, I just wanted to make a point. Commissioner Diaz de la Portilla: Okay, I know, but I'm frying to finish mine. Commissioner Reyes: These boundaries are very well defined because it's a special taxing district. Commissioner Diaz de la Portilla: I know. I understand, but I want to know when -- Commissioner Reyes: Oh. Commissioner Diaz de la Portilla: Is the Downtown Development Authority -- I -- I'm not only asking to see if these lines are obsolete or not. Commissioner Reyes: I think in the '80s. Commissioner Diaz de la Portilla: I understand, so I want to know when were these lines defined and why are we basing policy on things that are 40 years old, right? Because it makes no sense. If we're setting policy on what things happen and where they -- including the Omni CRA (Community Redevelopment Agency), by the way, the Overtown CRA. I mean, these boundaries were defined decades ago, and I think Miami has changed substantially over decades. So, we keep using these boundaries as the benchmark for passing policy, whereas now, downtown, there could be a block away that all of a sudden that's an area that shouldn't have -- should have outdoor dining. There's another area maybe should not have it because it's a different -- it's a residential area. It's not developed that way. So, that's my only issue. I'm only asking. I'm going to vote for it, I'm just asking. I'm just asking that we need to rethink what the boundaries are because the boundaries are no longer up to date. Commissioner Reyes: You have a point. Commissioner Diaz de la Portilla: That's it. Commissioner Reyes: We -- in a future -- Ms. Mendez: Thank you to phone -a friend, Christina Crespi, 1965. Commissioner Diaz de la Portilla: 1965. Commissioner Reyes: That's right. City of Miami Page 141 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: So, we're using -- Commissioner Reyes: Yeah. Commissioner Diaz de la Portilla: Had the Cubans arrived here already, or not? Commissioner Reyes: I was here. Commissioner Diaz de la Portilla: I think so. They were getting here. We -- Commissioner Reyes: I was here. Commissioner Diaz de la Portilla: We were building the city, right? Anyway, so basically, so these are lines that were defined -- the Downtown Development Authority boundaries were defined in 1965. Commissioner Reyes: I get your point. Commissioner Diaz de la Portilla: So, maybe we should take a look and see what the real downtown looks like in 2023, and kind of find the balance, and maybe even, by the way, probably expand it, but maybe also some areas are residential now in nature. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Maybe we limit those and we kind of redo the map. Maybe that's something the administration should look into, right? Because Mr. Manager, really, you have a Downtown Development Authority -- you have Downtown Development Authority boundaries from 1965. Were you born in 1965? Barely, right? Commissioner Reyes: He graduated from the university, yeah. Commissioner Diaz de la Portilla: I think you were born that year. Arthur Noriega (City Manager): I was not born in 1965. Commissioner Reyes: He was in college. Commissioner Diaz de la Portilla: I was one year old, so I get it, I understand, but, you know, it's kind of like it doesn't make sense for us to continue, and we're not going to talk about the Omni CRA or the Overtown CRA -- Commissioner Reyes: Or the Omni or whatever. Commissioner Diaz de la Portilla: -- and everything -- Commissioner Reyes: All the other CRAs. Commissioner Diaz de la Portilla: -- and all the other ones, right? Because these are things that -- the City of Miami needs to move forward and kind of come up to 2023, and say, "What's a real downtown? What's a real Omni area? What's a real Overtown area? What are the areas that really need redevelopment? What are the areas that really need special attention?" and that's -- we have to update our map, basically. Chair King: Okay. City of Miami Page 142 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: Okay, that's the point. Chair King: Yes, I mean -- Commissioner Diaz de la Portilla: Mr. Manager, you get it? Chair King: -- you just got after me when I was trying to update. Commissioner Diaz de la Portilla: I know. Chair King: But I was trying to update it -- Commissioner Reyes: I move it. Chair King: -- and you got after me -- Commissioner Diaz de la Portilla: But I think that the -- Chair King: -- and now you 're getting after them for -- Commissioner Diaz de la Portilla: -- I think that now we know that 1965 is that should not be our benchmark. Chair King: Okay, but you just said you're going to vote for it, yes? Commissioner Diaz de la Portilla: I'm going to vote for it because I have no choice because I have no other benchmark. Chair King: Okay. Commissioner Diaz de la Portilla: But please, give me a better map. Give me a more modern map. Give me something that works for the real Downtown Miami because it's called the Downtown Development Authority, not the 1965 Downtown Miami, which I don't know what the heck that was -- see it there, whatever it is. Commissioner Reyes: Commissioner. Commissioner Diaz de la Portilla: That's all. Chair King: Okay. Commissioner Diaz de la Portilla: That's the point. Chair King: Okay. Commissioner Reyes: Okay, this -- Chair King: I have a motion and a second. Commissioner Reyes: Second. Todd B. Hannon (City Clerk): Chair. Chair King: All in favor? Mr. Hannon: Chair, Chair, Chair. Who is the mover? City of Miami Page 143 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Vice Chair Carollo: I did. Mr. Hannon: Commissioner -- who is the mover? Commissioner Reyes: Commissioner Carollo. Mr. Hannon: Commissioner Carollo. Seconded by -- Commissioner Reyes: I second it. Mr. Hannon: So, second by Commissioner Reyes. So, the only amendment accepted so far through Commissioner Carollo's motion is, you know, the DD [sic] boundaries -- this is only for the DDA boundaries in that portion of Brickell that the DDA covers, and that if this law is challenged in court, that'll revert back to the way that it was before. What are we doing with the substitution memo? Is that being incorporated into your -- Vice Chair Carollo: No, no. Mr. Noriega: Well, no, because the substitution memo -- Mr. Hannon: I'm just frying to be clear. Mr. Noriega: -- included an entirely different map. Commissioner Reyes: Set it aside. Vice Chair Carollo: You can put that in the appropriate place, underneath the -- Commissioner Diaz de la Portilla: Yeah. Chair King: Okay, so I have a motion and a second. Commissioner Diaz de la Portilla: Somewhere in your desk. Chair King: Come on, Todd, I have a motion and a second. Mr. Hannon: Yes, now the title needs to be read into the record. Chair King: Didn 't you do that already? Ms. Mendez: Right, no. No, I didn't get to it, I'm sorry. Chair King: Come on. The hour is late now. Ms. Mendez: And I just wanted -- I wanted to clari that the DDA boundaries have changed a little bit over time, that was also from my phone -a -friend. Thank you, Ms. Crespi, for listening. Mr. Noriega: Are you rereading the DDA boundaries again? Ms. Mendez: No, no. I think I've been tortured enough. Chair King: So, you -- do you have to read the title into -- Ms. Mendez: I have to read this title. City of Miami Page 144 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 PZ.6 12901 Office of Zoning Chair King: Come on. Commissioner Diaz de la Portilla: Could you tell me what the new boundaries, how they were changed over the -- The Ordinance was read by title into the public record by the City Attorney. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-049 REVERSING THE ZONING ADMINISTRATOR'S REVOCATION OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 107 NORTHWEST 8 AVENUE, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S REVOCATION OF THE CERTIFICATE OF USE NO. 1507-001637 FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0065 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Chair King: We have PZ.6 -- Commissioner Reyes: PZ.6, I think -- Chair King: Do I have a motion? Commissioner Reyes: Hold on a second. Vice Chair Carollo: Move it. Chair King: I have a motion for -- Commissioner Reyes: You're -- City of Miami Page 145 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: Hold on, hold on. Chair King: PZ.6 is my Vice Chair's district. Commissioner Diaz de la Portilla: Give me a second. Commissioner Reyes: Okay. PZ.6 is an appeal? Chair King: Yes. Commissioner Reyes: 107 Northwest 8th Avenue. Chair King: Yes. Commissioner Diaz de la Portilla: Hold on. Commissioner Reyes: That's you, right? Vice Chair Carollo: Yes, that's my -- Commissioner Reyes: Yes. Vice Chair Carollo: -- my area. Commissioner Diaz de la Portilla: Your district, right, Commissioner Carollo? Vice Chair Carollo: It is. Chair King: Yes. Vice Chair Carollo: Who is Grupo Habita 107 LLC (Limited Liability Company)? Daniel Goldberg: Good evening. Daniel Goldberg, Zoning Administrator. Grupo Habito LLC is the owner of the property and the holder of the certificate of use for the subject property at 107 Northwest 8th Avenue. Vice Chair Carollo: Okay. Kevin Cruz: I'm here for the item after, for the subsequent item, PZ.7. Vice Chair Carollo: Okay. Okay, can you provide us your take on this and your position? Mr. Goldberg: Yes, sir, I'll fry to be brief. PZ.6 is a appeal -- an appeal of a revocation of a certificate of use for the property located at 107 Northwest 8th Avenue. This property is a 10-unit, multifamily building in Little Havana. It was the subject of unsafe structures order issued on January 21st, 2022. And just to correct myself from earlier, when I briefed each of you, I mentioned that it was due to a lack of a 40/50-year certification. The unsafe structure order was in fact a repair or demolish within 180 days order. That order was issued, like I said, January 21st, 2022. On July 22nd, 2022, I revoked the certificate of use because the City Code, Section 2-211 requires that I revoke a certificate of use when there 's been a violation of Chapter 10 of the City Code related to buildings. So, upon a adverse ruling from the unsafe structures panel, I'm required to revoke certificates of use in the -- such an unsafe structure. That was done at the October 19th, 2022, PZAB (Planning, Zoning & Appeals Board) meeting. The PZAB ruled against me by a vote of 10-1, and I have City of Miami Page 146 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 taken this appeal to this Commission. And just for a little bit offurther clarification of the record -- Ms. Mendez: Mr. Goldberg, just, I don't think the appellee is here. Mr. Goldberg: Correct. So, I'm -- I guess I would just ask that you -- Commissioner Reyes: Grant the City then. Mr. Goldberg: -- (UNINTELLIGIBLE). That's correct. I don 't see them here although there was notice provided to -- I did check -- Commissioner Diaz de la Portilla: But that's fine, what do you want? Mr. Goldberg: I would just ask this commission to grant my appeal and reverse the PZAB 's decision. Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: I move to grant the appeal Commissioner Reyes: I second. Vice Chair Carollo: Okay. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Todd B. Hannon (City Clerk): As amended. Commissioner Reyes: As amended. Chair King: As amended. Commissioner Diaz de la Portilla: As amended. Commissioner Reyes: PZ. 7, that is in my district. Commissioner Diaz de la Portilla: I move that we move to deny the appeal -- that we move to approve PZ. 7 -- Vice Chair Carollo: Excuse me, can I -- Commissioner Reyes: (UNINTELLIGIBLE). Vice Chair Carollo: -- can I go back to this last one -- Commissioner Diaz de la Portilla: Yes, sir. Vice Chair Carollo: -- in my district. Is anybody living in that building now? Mr. Goldberg: I'm unsure, sir. Vice Chair Carollo: Huh? City of Miami Page 147 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Mr. Goldberg: I'm unsure. I don't know. Vice Chair Carollo: But legally, they couldn't be. Mr. Goldberg: You should not be using a building without a CU (Certificate of Use). Vice Chair Carollo: Okay, it's -- but not just without a CU, if it was declared, by the board, the Unsafe Structures Board, which is a semi judicial body, if they were declared unsafe, there shouldn't be anybody living there, correct? Mr. Goldberg: That's correct. Vice Chair Carollo: Okay. All right. CU or not CU. Mr. Goldberg: Yes, sir. Vice Chair Carollo: Okay. Can -- I don't know who this should be addressed to but, Mr. Manager, you -- Arthur Noriega (City Manager): We will send an inspector out there tomorrow to doublecheck. Vice Chair Carollo: Yeah, fwe could also do this -- Commissioner Diaz de la Portilla: Of course. Vice Chair Carollo: -- can we make sure that any unsafe structure building that we have in the city, that we do whatever checks we need to, to make sure that none of them, by negligence of some of our people, overlooking, or worse, that none of them have a certificate of occupancy still assigned to them. Mr. Noriega: Yes, sir. Vice Chair Carollo: I think in the past we've had the building director declare what the building and zoning just stated here, that if it's an unsafe structure, you can 't have anybody living there or being inside, even if, by some immaculate conception, they still had a CU left. Okay. Chair King: Thank you. City of Miami Page 148 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 PZ.7 12835 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF DFMMJ INVESTMENTS, LLC, REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-047 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 2155 SOUTHWEST 22 STREET, MIAMI, FLORIDA, ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) BUT RECONSIDERED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes City of Miami Page 149 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 PZ.7 12835 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF DFMMJ INVESTMENTS, LLC, REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-047 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 2155 SOUTHWEST 22 STREET, MIAMI, FLORIDA, ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Joe Carollo, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Reyes NAYS: Diaz de la Portilla City of Miami Page 150 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 PZ.7 12835 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING / DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON BEHALF OF DFMMJ INVESTMENTS, LLC, REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-22-047 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 2155 SOUTHWEST 22 STREET, MIAMI, FLORIDA, ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/OR CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Joe Carollo, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: Item PZ.7 was deferred to the February 9, 2023, City Commission Meeting. Note for the Record: For additional minutes referencing Item Number X, please see "Public comments for all item(s)." Kevin Cruz: Kevin Cruz, Greenspoon Marder. Offices located at 600 Brickell Avenue, here on behalf of PZ.7. At this time, we 're requesting a deferral. It's our understanding, obviously it's a short board, so we'd like to wait until the special election is over, and defer the item until then. Commissioner Reyes: I move it. Chair King: Second. Commissioner Diaz de la Portilla: I don't. Hold on. Chair King: I can be the second. Commissioner Diaz de la Portilla: You can make a second, but hold on. Can't have a conversation? Vice Chair Carollo: Technically, I think they have a right to ask for that. Chair King: Now we can have a discussion. Commissioner Reyes: They have a right to -- City of Miami Page 151 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: Can I have a conversation about it? Commissioner Reyes: -- technically, they have the right to defer. Vice Chair Carollo: Yeah, they technically have the right to ask for it, I just don 't know, technically, we have to grant it. Commissioner Diaz de la Portilla: I know, right? Commissioner Reyes: No, but if he asks for it, it 's granted. Commissioner Diaz de la Portilla: So, you want to wait until we have a commissioner from district -- actually, this was in -- this is in -- Commissioner Reyes: This is in -- Vice Chair Carollo: Four. Commissioner Diaz de la Portilla: In Commissioner Reyes's district. Commissioner Reyes: This is my district. Commissioner Diaz de la Portilla: Right, so what the PZAB (Planning, Zoning & Appeals Board) is recommending is that they deny -- Commissioner Reyes: Deny the -- Commissioner Diaz de la Portilla: -- the CU (Certificate of Use). Commissioner Reyes: That's right, deny the CU and I have more reasons to deny because they have two schools near it, and a park very close to it. Commissioner Diaz de la Portilla: I agree with you. Commissioner Reyes: You see. Commissioner Diaz de la Portilla: So, why don't we just deny the CU -- Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: -- and then we come back and bring it back up? Commissioner Reyes: Well -- Commissioner Diaz de la Portilla: I'm in agreement with you. Commissioner Reyes: I -- okay, well thank you very much. I will move to deny it. Commissioner Diaz de la Portilla: Yeah, and I'll second that -- Victoria Mendez (City Attorney): Well, one -- Commissioner Diaz de la Portilla: -- because what we want -- hold on, what we want to do is we want to have a comprehensive policy -- Commissioner Reyes: That's right. City of Miami Page 152 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Diaz de la Portilla: -- on medical maryuana dispensaries, and we can 't piecemeal and then say, "Okay, we 're going to grant this one or that one." Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: Let's do a comprehensive policy -- Chair King: I think what -- Commissioner Diaz de la Portilla: -- we agree on. Chair King: I think what you 're talking about is granting -- Commissioner Diaz de la Portilla: No, no, no. Chair King: What makes -- Daniel Goldberg (Zoning Administrator): Ifyou wish to give them their CU-- Chair King: No. Mr. Goldberg: This is their appeal, so if you wish to grant them the CU, you would grant the appeal. Ifyou wish to not -- Commissioner Diaz de la Portilla: We do not want to grant them the appeal. Mr. Goldberg: -- have a medical mari -- Commissioner Diaz de la Portilla: We want to deny the appeal -- Commissioner Reyes: Deny the appeal. Mr. Goldberg: Then you would -- Commissioner Diaz de la Portilla: Correct, deny the appeal, and they have to play by everybody else's rules -- Commissioner Reyes: By everybody's rule. Commissioner Diaz de la Portilla: -- by everybody else 's rules once we do a comprehensive policy. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Which will happen when we have a full dais, and that makes sense. Vice Chair Carollo: I'm in favor of voting for it. However, before we do, I'd like to ask the City Attorney -- Commissioner Reyes: If it is legal. Vice Chair Carollo: -- if, legally, because we're short one person in this body, can they ask for a deferral, because we 're one person short, and do we legally have to grant them that deferral because we 're one person short? City of Miami Page 153 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 M. Mendez: Okay, first of all, I just -- is this the first time this is on the agenda, this item? Mr. Goldberg: Yes, as far as I'm aware. Ms. Mendez: Okay, so the only thing is I believe Miami 21 allows for one deferral, but it doesn't have to be as long as they're requesting, just because you're one person short either -- Commissioner Diaz de la Portilla: Allows or requires? Commissioner Reyes: That 's a good question. Ms. Mendez: Okay. Give me one moment. Vice Chair Carollo: Yeah, allows, I believe. Commissioner Diaz de la Portilla: Allows is what I think it is. Vice Chair Carollo: Yeah. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: It's different than requires. Vice Chair Carollo: Yeah. Commissioner Reyes: Absolutely. Commissioner Diaz de la Portilla: So, if we say no, because look, I think it makes political sense, right? It makes -- it's consistent. We have a policy. Commissioner Reyes: We have a policy. Commissioner Diaz de la Portilla: We may grant some, we may not grant some. Whatever that policy comes when we have a full body, that becomes a policy, but right now, why give it to one individual and say, "Yes -- Commissioner Reyes: Yeah, piecemeal. Commissioner Diaz de la Portilla: -- everybody goes away." Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: Until we have a full policy. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: And a consistent policy that applies to everyone. Vice Chair Carollo: I agree, we shouldn't Cheech and Chong this. Commissioner Diaz de la Portilla: Exactly. I like that. So -- Chair King: Go ahead. Commissioner Diaz de la Portilla: Sorry. City of Miami Page 154 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Mr. Cruz: If I may -- Chair King: He'd like to say something. Let him earn his money. Mr. Cruz: Thank you. If I may, there are several situated -- similarly situated agenda items that are currently on an indefinite deferral, and that's also part of the reasoning by requesting a deferral. Commissioner Diaz de la Portilla: No, I think we kill it and then we come back and you guys can bring it back. It doesn 't matter, we could always bring it back -- Chair King: Kill it is such an awful term. Commissioner Diaz de la Portilla: Kill it? No, it's an honest term. Commissioner Reyes: Once we set the conditions. Commissioner Diaz de la Portilla: Yeah, we put it out of its misery for now and we come back. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: And we say we have a consistent policy -- Chair King: Commissioner, what conditions are you going to set -- Commissioner Diaz de la Portilla: -- so, I move -- Chair King: -- no conditions -- Commissioner Diaz de la Portilla: So, we deny it, we put it out of its misery for a little while, and we come back. It's not the end of the world, you know? Commissioner Reyes: No, but this one -- Commissioner Diaz de la Portilla: Yeah. Commissioner Reyes: -- this one is very close to a school. Commissioner Diaz de la Portilla: Yeah. Commissioner Reyes: Next to a school. Commissioner Diaz de la Portilla: Yeah, so I move that. Vice Chair Carollo: Okay, it's been second. Chair King: There's a motion and a second. All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): As amended to deny. Commissioner Reyes: Deny. Vice Chair Carollo: Exactly. City of Miami Page 155 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Commissioner Reyes: Exactly. Chair King: Wait. Ms. Cruz: Madam City Attorney was checking what Miami 21 said. Commissioner Diaz de la Portilla: No, it doesn't -- we 're good to go. I think we're good to go. I think we already voted. Commissioner Reyes: Thank you very much. Ms. Mendez: No, I asked -- you know, sometimes we just -- you need to give me a moment on this -- this is -- Commissioner Diaz de la Portilla: I understand, but I know it's not required -- Ms. Mendez: -- this is a quasi -- Commissioner Diaz de la Portilla: -- I know it's -- so, we already voted. I think we 're done. Vice Chair Carollo: Well, we -- let's -- Chair King: Wait, we have more. Vice Chair Carollo: -- let's give her the opportunity. Chair King: Yes, let's hear what she has to say, it won 't hurt. Vice Chair Carollo: We could handle some other business. Commissioner Diaz de la Portilla: Right, and we'll come back to it. Vice Chair Carollo: Then we'll come back it. Commissioner Diaz de la Portilla: Of course, we'll come back to it, don't worry. [Later... J Ms. Mendez: Okay, so just briefly, back on the marijuana item, they're entitled to one continuance pursuant to Miami 21. I apologize, but that's why I had to look it up. They're entitled to one. After that, they're not. So, you can reset it -- Vice Chair Carollo: For how long? Ms. Mendez: You reset it at your convenience based on your agendas. Vice Chair Carollo: Okay, so, let's make a motion to take that motion that we approved back. Chair King: Todd has his hand up. Todd B. Hannon (City Clerk): Yes, Commissioner Carollo's making a motion to reconsider. Chair King: Reconsider what? City of Miami Page 156 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Mr. Hannon: Item PZ.7. Chair King: PZ.7. Ms. Mendez: I'm sorry, they're entitled to one continuance pursuant to Miami 21. Chair King: Okay. Ms. Mendez: So, if you want to reset it for February 9th, that's fine, February 26th -- Vice Chair Carollo: But we have to take -- we have to reconsider it first and then reset it. Ms. Mendez: Yes. Commissioner Diaz de la Portilla: Yeah, you have to reconsider 7 first. We're doing something else now. Ms. Mendez: Okay. Commissioner Diaz de la Portilla: Yeah, we jumped to something else. Commissioner Reyes: Somebody have to move it. Mr. Hannon: So, Commissioner Carollo made a motion to reconsider -- Vice Chair Carollo: Yeah, I made a motion to reconsider. Mr. Hannon: Is there a second? Chair King: Second. Ms. Mendez: We're reconsidering which one? Mr. Hannon: PZ.7. Chair King: PZ.7. Ms. Mendez: Okay. Vice Chair Carollo: PZ.7. Commissioner Diaz de la Portilla: Okay. Chair King: All in favor? Vice Chair Carollo: Aye. Commissioner Diaz de la Portilla: No. Chair King: Motion passes. Commissioner Diaz de la Portilla: No. Chair King: Motion passes. City of Miami Page 157 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 PZ.8 13249 Department of Planning Vice Chair Carollo: Now I make a motion that we will place this on the next available agenda, this item. Chair King: February 9th. Vice Chair Carollo: Yeah, February 9th. Commissioner Diaz de la Portilla: I will second that motion. Chair King: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Mr. Cruz: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING OR DENYING THE APPEAL, FILED BY PENNY TANNENBAUM OF INTENDED DECISION PW022-247 ISSUED ON NOVEMBER 29, 2022, FOR THE MEDIAN LOCATED ACROSS FROM 1750 SOUTH BAYSHORE LANE, MIAMI, FLORIDA. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: Item PZ.8 was deferred to the March 9, 2023, City Commission Meeting. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 158 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 FL - FUTURE LEGISLATION FL.1 12838 Office of Zoning ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES," TO PROVIDE FOR THE ISSUANCE OF CERTIFICATES OF USE IN CERTAIN LIMITED INSTANCES WHERE A PROPERTY OR BUILDING ON A PROPERTY IS SUBJECT TO PENDING CODE COMPLIANCE OR BUILDING VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. RESULT: NO ACTION TAKEN Note for the Record: For minutes referencing Item Number FL.1, please see "Public comments for all item(s)." END OF FUTURE LEGISLATION City of Miami Page 159 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 NA.1 13382 Office of the City Clerk NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: Agustin Barrera ENACTMENT NUMBER: R-23-0055 NOMINATED BY: Commissioner Manolo Reyes MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Chair King: And I believe, Commissioner Reyes, you 'd like to take something out of turn? Commissioner Reyes: Yes, yes, because I have a member here and I want -- I mean, he has things to do. I would like to take out of order board appointments. Todd B. Hannon (City Clerk): Yes, sir. Commissioner Reyes would like to the -- to appoint to the Urban Development Review Board, Agustin Barrera. Chair King: Do I have a motion? Commissioner Reyes: Move it. Chair King: Second? Commissioner Diaz de la Portilla: I'll second it. Chair King: At this time, I will open for public comment this item only, the appointment to the board of Agustin Barrera. Is there anyone that would like to speak on this issue? Commissioner Diaz de la Portilla: Agustin is the former School Board member? Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: I haven't seen him in a while. City of Miami Page 160 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 NA.2 13406 City Commission Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: There he is, yeah. Commissioner Reyes: Yes, right there. Commissioner Diaz de la Portilla: Welcome. Chair King: Seeing no one for public comment, public comment period is closed. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Chair King: Okay. And at this time -- Commissioner Diaz de la Portilla: Congratulations. Chair King: Congratulations. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A SETTLEMENT AGREEMENT ("SETTLEMENT") BETWEEN THE CITY OF MIAMI AND THE HEIRS OF HAYDEE PEREZ, ET AL., CASE NO. 2019-030891-CA-01, PENDING BEFORE THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, PROVIDING, AMONG OTHER TERMS, THAT THE HEIRS WILL PROBATE THE MATTER AND PAY THE SPECIAL ASSESSMENTS, COURT COSTS AND ATTORNEY FEES, AND THE MITIGATED AMOUNT UPON THE SALE OF THE PROPERTY AND THAT FAILURE TO PROBATE, SELL, AND PAY THE LIENS SHALL CAUSE THE ORIGINAL LIEN AMOUNTS TO BE REINSTATED AND THE CIVIL ACTION TO PROCEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AND ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. ENACTMENT NUMBER: R-23-0066 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Victoria Mendez (City Attorney): Madam Chair, I think Deanna has to clan' one more thing. Deanna Rasco (Senior Assistant City Attorney): One thing for point -- I apologize. We 're in circuit court right now, and the court has required us to move forward. So, by this amendment, I am requesting that it be subject to her entering into an City of Miami Page 161 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 NA.3 13407 City Commission agreement so we don't need to move forward with foreclosure, basically, memorializing what this Commission just said, and that would be part of the circuit court (INAUDIBLE). Chair King: Do you need a motion for that? Ms. Rasco: I would prefer -- Ivis Sardinas: I need -- I'm not clear. Vice Chair Carollo: So moved, so moved. Chair King: Second. Commissioner Diaz de la Portilla: I'll second. I'll second that -- Chair King: All in favor? Commissioner Diaz de la Portilla: -- just in case. The Commission (Collectively): Aye. Chair King: She'll explain it to you. Commissioner Diaz de la Portilla: Okay, RE (Resolution) -- Ms. Sardinas: No, I'm not clear in what just happened here. Chair King: She will explain it to you. Commissioner Diaz de la Portilla: She will tell you. DISCUSSION ITEM A MOMENT OF SILENCE WAS OBSERVED IN REMEMBRANCE OF FORMER RETIRED EMPLOYEE AND AFSCME LOCAL 1907 UNION PRESIDENT, CHARLIE COX; RECOGNIZING HIS DEDICATED YEARS OF SERVICE TO THE CITY OF MIAMI. RESULT: DISCUSSED Chair King: Good afternoon. We are going to resume the City of Miami Commission meeting for January 26, 2023. I have a quorum, so we can proceed. Commissioner Reyes: Is the City Manager here? Chair King: Yes, where's the City Manager? Commissioner Reyes: Do we have a City Manager here? Chair King: Mr. Manager, I believe you wanted to take up an item. Commissioner Reyes: Yes. Mr. Manager, before we start, and you passed this note of -- that Mr. Charlie Cox departure. City of Miami Page 162 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 Arthur Noriega (City Manager): Yeah, good afternoon. I wanted to take an opportunity -- I hoped we'd be able to do it this morning during the proclamations and presentation portion of it, but we didn't get the chance. So, I wanted to see if we could take a moment to sort of just recognize somebody who put in a tremendous amount of service to the City, Charlie Cox. We put together a memo. I want to read it out so that everybody can get sort of the full breadth of his tenure at the City and his contribution to the City, especially with regards to AFSCME (American Federation of State, County and Municipal Employees) 1907. So, Charlie Cox unfortunately passed on January the 11 th. He started at the City in 1974, retired in 2010 as an Electrical Line Supervisor with GSA (General Services Administration). He was union president for AFSCME 1907 for 26 years of the 36 years he worked at the City. So, you know, he put a tremendous -- he -- his footprint at the City, his contribution to the City really is a tremendous legacy to him, and he was very well respected by anyone who had a chance to work with him. I had some, unfortunately, very brief encounters with him. I didn't get a chance to work with him to any great extent. But everybody that I talked to with any institutional memory here at the City really has nothing but fond memories of him, and specifically, his contribution. So, I just wanted to take a moment, maybe even a moment of silence if we can, just to honor his legacy and his passing. Commissioner Reyes: Yes. (MOMENT OF SILENCE) Chair King: You 're welcome. NA.4 ORDINANCE First Reading 12839 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY Planning OF MIAMI, FLORIDA ("MIAMI 21 CODE"), AS AMENDED, BY AMENDING APPENDIX C — MIDTOWN OVERLAY DISTRICT, SECTION 627.2.6, ENTITLED "BUILDING PLACEMENT AND BUILDABLE AREA", AND SECTION 627.2.7, ENTITLED "MAXIMUM HEIGHT, BUILD -TO, MINIMUM SETBACK AND USE REQUIREMENTS", AND SECTION 627.2.12, ENTITLED "SURFACE PARKING AND PARKING GARAGES"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Pass on First Reading RESULT: PASSED ON FIRST READING MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Carollo, Diaz de la Portilla, Reyes Note for the Record: Item NA.4 appeared on the agenda as Future Legislation (FL.2). The item was moved to the regular agenda and voted upon by the City Commission as a First Reading Ordinance. Note for the Record: For minutes referencing Item Number NA.4, please see Item Number FR.1. City of Miami Page 163 Printed on 03/13/2023 City Commission Meeting Minutes January 26, 2023 ADJOURNMENT The meeting adjourned at 6: 47 p.m. City of Miami Page 164 Printed on 03/13/2023