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HomeMy WebLinkAboutCC 2023-04-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, April 27, 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 Sabina Covo, 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 April 27, 2023 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairwoman King, Commissioner Diaz de la Portilla, Commissioner Covo and Commissioner Reyes Absent: Vice Chair Carollo On the 27th day of April 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 9:44 a.m., and adjourned at 11:26 a.m. Note for the Record: Commissioner Diaz de la Portilla entered the Commission chambers at 10:05 a.m. ALSO PRESENT: Nzeribe Ihekwaba, Deputy City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Chair King: At this time, I'm going to ask Pastor Deborah Porter of the John Wesley Ministries to come and honor us with a prayer for our meeting. Invocation and pledge of allegiance delivered. Chair King: Thank you. You may all be seated. PR - PRESENTATIONS AND PROCLAMATIONS PR.1 13925 PROTOCOL ITEM Honoree Presenter Protocol Item Arab American Heritage Month Mayor and Commissioners Proclamation William Porro Mayor and Commissioners Proclamation Municipal Clerk Week Mayor and Commissioners Proclamation RESULT: PRESENTED Chair King: Good morning, everyone. Welcome to the April 27th, 2023, Commission meeting. At this time, we are going to recognize some wonderful folks for have -- for their accomplishments and their contributions to the City of Miami. Presentations made. [Later...] Commissioner Reyes: Madam Chair. City of Miami Page 1 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Chair King: Yes. Commissioner Reyes: Madam Chair, if I may, I want to recognize today as "Take Your Child to Work Day," and there are a lot of young people here that I would like to recognize all of them. And can I suggest that all of the children that we have here will come and take a picture with us? Come to the -- Commissioner Covo: Oh, but let me get mine. He 's in the office. Commissioner Reyes: That 's right. Commissioner Covo: One second. Commissioner Reyes: Get him. There is an -- get -- all the children that we have here, I would love to have a picture with them. You are all welcome. Presentation made. 1) Mayor Suarez and Commissioners presented a Proclamation to celebrate Arab American Heritage Month. Arab Americans have played a strong role in America with the first arrival to Ellis Island, New York in the 1880s. Today over four million Americans trace their roots to an Arab country from all Abrahamic religions. In Florida, there are over 250,000 Arab Americans that live in major counties and have been making valuable contributions to virtually every aspect of American society, medicine, law, business, education, technology, government, military service and culture. Since migrating to America, men and women of Arab descent have shared their rich culture and traditions with neighbors and friends, while also setting fine examples of model citizens and public servants. In Miami -Dade County, there are over 40,000 Arab Americans. To commemorate special milestones of significance to Miami 's history and cultural heritage, the proclamation to engage and connect our diverse communities through dynamic specialty programs and inspired events to ignite cultural enrichment and to celebrate the community's rich heritage and contributions to the socio-economic-cultural success in Miami. Elected Officials paused in their deliberations to pay tribute and recognize Arab Americans in our City while thanking them for elevating the quality of life in the City of Miami by proclaiming April 2023, as "Arab American Heritage Month" in the City of Miami. 2) Mayor Suarez and Commissioners presented a Proclamation to Mr. William Porro. Mr. Porro is the Director for the Department of Human Services for the City of Miami. He has worked for the City of Miami for nineteen and a half years. Mr. Porro coordinated and managed the resources related to homeless and veterans, Workforce Opportunity Center, three (3) childcare centers, and healthcare initiatives for the City of Miami. Mr. Porro managed economic initiatives in conjunction with the mayor 's strategy to reduce inequality called Pathways to Prosperity. His career in the financial services industry spans more than 30 years. Mr. Porro helped to create and launch ACCESS Miami, the second phase of the mayor's original anti- poverty plan. ACCESS Miami has received distinguished awards most recently, the Bright Idea in innovative government from Harvard University, Model Program from the US Conference of Mayors, and the National Livability Award. Mr. Porro strived to create linkages through such projects as free tax preparation, Earned Income Tax Credit campaigns, Individual Development Accounts, micro -lending, small business assistance, banking, financial literacy and individualized one-on-one coaching, and homeownership to produce a "continuum of care" for the City's residents and small business entrepreneurs. Mr. Porro was chosen Public Servant of the Year and appointed to the Governor's Advisory Committee on Economic Security and former Co -Chair for the National Cities for Financial Empowerment Coalition. City of Miami Page 2 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Elected Officials paused in their deliberations to pay tribute and recognize his efforts and leadership while thanking him for elevating the quality of life in the City of Miami and wishing him farewell and good luck in his future endeavors. 3) Mayor Suarez and Commissioners presented a Proclamation to the City of Miami Office of the City Clerk to commemorate Municipal Clerk Week. The Office of the Municipal Clerk is a time honored and vital part of local government that exists throughout the world, and the Office of the Municipal Clerk is the oldest among public servants, providing the professional link between the citizens, the local governing bodies, and agencies of government at other levels. Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all. The Municipal Clerk serves as the information center on functions of local government and community. The Office of the City Clerk continually strives to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, provincial, county, and international professional organizations. Elected Officials paused in their deliberations to pay tribute and recognize the efforts and leadership of the Office of the City Clerk employees while thanking them for elevating the quality of life in the City of Miami, and further recognizing the accomplishments of the Office of the City Clerk, by proclaiming Thursday, April 27, 2023, through Saturday, May 6, 2023, as, "Municipal Clerk Week" in the City of Miami. PUBLIC COMMENT FOR ALL ITEM(S) Chair King: And at this time, we'll open the floor for public comments. Please line up on either side of the podium. Good morning, Elvis. Elvis Cruz: I was deferring to the young lady because I got to set up. Chair King: Is there anyone else here for public comment aside from Elvis? Go right ahead. Brenda Betancourt: Good morning, 1436 Southwest 6th Street, Brenda Betancourt. Just a lot of the items must be already, you know, postponed, but I just want to ask the Commissioners a concern about the -- how it affects the 40-year recertification or code violations or unsafe violations in, for example, shopping centers where the owner of the property is the one actually affecting the entire businesses. I know that you guys are working in legislation to correct that -- Commissioner Reyes: Yes. Ms. Betancourt: -- because sometimes it is -- the 40-year recertification is the owner's responsibility, and frankly, those businessowners are the ones that they are not involved in that certifications are the ones being punished. And I would like to know how -- I know you guys are working on it, thinking about it, but it's something very serious that many businesses are being closed, the certificate of use has been revoked because of that fact. And we were just wondering if you guys actually taking a little bit more attention in that because we have too many businesses that right now they are working illegally due to the fact of the owners of the property have not finished their due diligence in their own property. And as a businessowner myself and representing many of them, it 's very concerning to see that it seems like the City is against businesses. And I hope that you guys can work a little bit more faster to see if we can actually provide that new legislation to fix those issues that we seeing every day and people are getting close the businesses that have been there for years. We have several of them. So, please, just keep that in your back of your head and see how City of Miami Page 3 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 you guys can give us a hand for that. It has been affecting too many small businesses in the City of Miami who survived after the pandemic and now -- Commissioner Reyes: Madam -- Ms. Betancourt: -- it seems like the City's against them and doesn 't want to give them a hand to provide a little bit of alleviation in that. Thanks. Commissioner Reyes: Madam Chair. Madam Chair, may I? Chair King: Okay. Commissioner Reyes: Just to inform you that we're working on it. I have that problem in many old buildings inside downtown Miami that there's collateral damage, that some businesses, they have been closed without any fault of their own, you see. We're frying to work it -- I'm working with the City Attorney and frying to come up with some sort of solution. And I have to also add that City Administration is -- particularly, in downtown Miami, they have been very helpful and trying -- by assisting those businesses to get their BTRs (Business Tax Receipts) and their CUs (Certificates of Use) as fast as they could, you see. Those are very, very important concerns because many businesses are suffering. You're absolutely right. Chair King: Thank you. Elvis. Commissioner Reyes: All over, all over the city. I mean, it's not only -- Chair King: Elvis. Mr. Cruz: Thank you, Madam Chair. Elvis Cruz, 631 Northeast 57th Street. I'm here speaking in support of RE.4, which is the grant for FIND (Florida Inland Navigation District) for the Virginia Key boat ramp. And I want to point out this document. This is your backup document for that item. And you see down at the bottom it's for environmental mitigation, mangrove and seagrass. So, at the last meeting, some speakers were saying we can't remove mangroves for a seawall, and yet, you can see you're doing it today, and that's a good thing. There it is. So, mangrove mitigation was also done at Albert Pallet Park. Here's that park in 2018. It had a big clump of mangroves. And here it is in 2019. The mangroves were removed for a seawall. Yes, it can be done, and there is that seawall with the riprap to protect it from scouring and also create a living shoreline. So, for mangroves to be beneficial, you need a large area of them. So, here's Virginia Key, and you can see it's got an enormous mangrove area, so that can be beneficial. But if you have a narrow mangrove planter, it does nothing. It's a token for the look. This is from a Miami Herald article where experts from various universities spoke on that. Morningside Park has a hard shoreline of concrete rubble. This is when it first opened in 1953, but then some mangroves colonized. It's just a narrow row along the shoreline that only blocks the view. It's a token for the look. So, here's a picture from the State of Florida. This is how mangroves suffer in a hurricane. They do a very poor job of protecting from erosion. They get destroyed by hurricanes. Mangroves can also be harmful. They release tannic acid. They decrease dissolved oxygen in the water, and they can actually increase storm surge in some situations. So, again, $200,000 for mangrove mitigation to mitigate a token for the look, that's a bit much. Please ask the County to waive mitigation fees for public projects -- Chair King: Thank you. Mr. Cruz: -- especially those that will improve public access -- City of Miami Page 4 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Chair King: Thank you. Mr. Cruz: -- or protect from sea level rise. Thank you. Chair King: Thank you, Elvis. Mr. Cruz: And I have some fact sheets I'll pass along. Chair King: Good morning. Raymond Carrero: Good morning. For Item Number RE.10, my name is Raymond Carrero, on behalf of the owner. I'm not registered as a lobbyist, and as such, I'm asking to either have this item deferred so that I can register and pay the fine -- pay the fee to present before you, or in the alternative, if you would allow me to speak a few minutes, I can register next week. Chair King: No, I can defer it. Mr. Carrero: Okay. Chair King: That would be fine. Mr. Carrero: Okay, so -- Victoria Mendez (City Attorney): Right, which --I'm sorry, which item? Chair King: It's RE.10. It's a mitigation in my district. Ms. Mendez: Right. You don't have to register as a lobbyist for that quasi-judicial item. If you are lobbying any of them then -- okay. Mr. Carrero: Yeah, I was informed earlier, so I don't -- ifI'm permitted -- Ms. Mendez: Right. You can -- have you called them, like spoken to any of the Commissioners? Mr. Carrero: I -- no, no, no. Ms. Mendez: Okay. Mr. Carrero: I have not. Ms. Mendez: So, if you 're just here for -- Mr. Carrero: No, no, no. I've only dealt with -- Ms. Mendez: -- the hearing, you 're fine. Mr. Carrero: Right. I've only dealt with the -- Ms. Mendez: You don't have to register. Mr. Carrero: Right. I've only dealt with the City Attorney Rachel Dooley. Ms. Mendez: Okay. Mr. Carrero: And -- City of Miami Page 5 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Ms. Mendez: That 's fine. Mr. Carrero: -- oh, hey, Rachel. How are you? -- this is the subject of a lawsuit -- litigation with the City. Chair King: Okay. Well, your item will come backup later on in the -- Mr. Carrero: It will come back up? Thank you. Chair King: Yes. Good morning. Luimar Zibetti Gaza: Good morning. Luimar Zibetti Gaza, homeless. You know, for all that we talk about saving frees here, I've come to these city council meetings for over a year, and you're always forwarding everything to the next month, wasting reams and reams of paper. The trees cry. But let's go to R -- to RE (Resolution) -- or PH (Public Hearing) -- PH3. Hold on. I'm sorry. PH -- PH3. You seem to have a black hole under PH.3 and PH.4, where you say that you're taking a certain amount of money, but you're not indicating who it's going to. It's some sort of a catch, and I'd like to know who the recipients are of this $257, 000 on PH3 and the $129, 000 on PH.4. Continuing, for PH.9, I'm really worried about this one because you are assigning the museum -- the establishment of the Historic Virginia Key Beach Park Museum to foreigners in Tallaha -- or rather, individuals from Tallahassee. And the president of the corporation that is going to be the consultant for the Virginia Key Beach, which you had a big road to do with all the Bahamians who were here. But it's -- an owner is in Canada, and I'm wondering why you're not assigning this to a local establishment. Which families on RE.2 that you're going to be giving accommodations for homeless families, are they going to be legal or illegal individuals that you're going to be using taxpayer money to give them hotels? Because I am homeless, and I'd like to get in line if that is what you're offering. Continuing, let's see -- nope, nope, nope, nope. On RE.16, each of you are being afford -- given $3,200,000 -- Chair King: Thank you. Ms. Zibetti Gaza: -- and I'd like to -- ifI may have an additional 30 seconds as many times I have given more than my time. May I? Chair King: Go ahead. Ms. Zibetti Gaza: Thank you. On RE.16, all of you are given -- going to be given a total of about $16 million, a total of $3 million equally. And I'd like to know if there's any monies that you might be giving to some of our seniors because I am 60 years old, and I do qual fy. Chair King: Okay, thank you. Ms. Zibetti Gaza: And I think that's it. Thank you. Chair King: Thank you so much. Good seeing you again. Is there anyone else here for public comment? Seeing none, the public comment period is closed. ORDER OF THE DAY City of Miami Page 6 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Chair King: At this time, we will have the City Attorney make her statement. Victoria Mendez (City Attorney): Thank you, Madam Chair. Detailed information about the process, order of business, rules of procedure, and scheduling/rescheduling of City Commission meetings can be found in Chapter 2, Article 2 of the City Code, a copy of which is available online at wwwmunicode.com [sic]. Any person who is a lobbyist pursuant to Chapter 2, Article 6 of the City Code may register with the City Clerk and comply with related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office or online at 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 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 prior to the meeting as part of the agenda materials will be entered at the City Commission's discretion. In accordance with Section 2-330 and (g) of the City Code, the agenda and material for each item on the agenda is available during business hours at the City Clerk's Office and online 24 hours a day at 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 a.m. 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 the elected officials, their staff 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 and their staff and the City Administration up until the Chair closes public comment. Public comment may also be provided live at City Hall, located at 3500 Pan American Drive, Miami, Florida, subject to any and all City rules 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 also been given the opportunity to provide public comment during the public comment period within -- during the meeting and within reasonable proximity and time before the meeting. Please note Commissioners have generally been briefed by City staff and the City Attorney's Office on items on the agenda today. Anyone wishing a verbatim record of the item considered at the 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. Parties for any items, including any applicant, appellant, appellee, City staff and any person recognized by the decision -making body as a qualified intervenor, as well as the applicants, representatives, and any experts testdying on behalf of the applicant, appellant, or appellee, may either be physically present at City of Miami Page 7 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 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 affidavit. The members of the City Commission shall disclose any ex-parte communications pursuant to Florida Statute Section 286.0115 and Section 7.1.4.5 of the Miami 21 Zoning Ordinance. The order of presentation shall be as set forth in Miami 21 and in the City Code. Staff will briefly present each item to be heard. The applicant will present its application or request to City Commission. If the applicant agrees with staff recommendation, the City Commission may proceed to its deliberation and decision. The applicant may also waive the right to an evidentiary hearing on the record. For appeals, the appellant will present its appeal to the City Commission, followed by the appellee. Staff will be allowed to make any recommendation they may have. Please silence all cellphones and other noisemaking devices. 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. Unidentified Speaker: Thank you. [Later... J Chair King: At this time, our City Clerk will read into record his statement. 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 finish explaining these procedures. Those individuals 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. Commissioners, are you comfortable with all the notice provisions set forth in these uniform rules and procedures we have established for this meeting? I believe that is a yes. And then so, Chair, I'm just going to administer the oath for the Planning and Zoning items. Good morning, ladies and gentlemen. Good morning, ladies and gentlemen. If I could have you please stand if you will be speaking on any of today's Planning and Zoning items, if you will be speaking on any of today's Planning and Zoning items, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning items. Mr. Hannon: Thank you, Chair. Chair King: Thank you. Thank you, Mr. City Clerk. Mr. City Manager, do you have any items that are going to be withdrawn or deferred? Nzeribe Ihekwaba (Deputy City Manager): Yes. Good morning, Madam Chairwoman, Commissioners, Madam City Attorney, Mr. City Clerk. At this time, the Administration would like to defer and/or withdraw the following items: RE.6, to be indefinitely deferred; RE.6, to be indefinitely deferred. Chair King: Is that it? Mr. Ihekwaba: RE.8, to be indefinitely deferred. So, I take that back. RE.8, to be deferred to June 22nd meeting. RE.8, to be deferred to June 22nd meeting. RE.13, to be deferred to May 11 th meeting. RE.13, to be deferred to May 11 th meeting. RE. 14, to be deferred to May 25th meeting. RE. 14, to be deferred to May 25th meeting. FR.1, to be indefinitely deferred. FR.1, to be indefinitely deferred. FR.2, to be City of Miami Page 8 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 indefinitely deferred. FR.2, to be indefinitely deferred. PZ.2, to be deferred to May 25th meeting. PZ.2, to be deferred to May 25th meeting. PZ.3 and PZ.4, to be deferred to May 25th. PZ.3 and PZ.4, to be deferred to May 25th. PZ.5, to be deferred to May 25th. PZ.5, to be deferred to May 25th. PZ.14, to be deferred to May 11 th. PZ.14, to be deferred to May 11 th. PZ.8 and PZ.9, companion items, to be deferred to May 25th. PZ.8 and PZ.9, to be deferred to May 25th. PZ.15, to be deferred to May 25th. PZ.15, to be deferred to May 25th. Commissioner Diaz de la Portilla: Madam Chairwoman. Chair King: Let me go to her. Commissioner Diaz de la Portilla: Okay, well -- Chair King: Is that it? Mr. Ihekwaba: That's it. Chair King: Commissioner -- Commissioner Diaz de la Portilla: You have to go to District I first. Chair King: I -- that 's what -- Commissioner Diaz de la Portilla: Okay. Chair King: -- but you don't -- you didn 'tgive me a chance to do it. Commissioner Diaz de la Portilla: I know, I know, I know, but we're all in a hurry today. Chair King: But I wanted to surprise you and say -- Commissioner Diaz de la Portilla: You're recognized. Chair King: -- you 're recognized. Commissioner Diaz de la Portilla: Thank you. Alright, without saying it twice, Zerry, let's go back to a couple of them. Mr. Ihekwaba: Yeah. Commissioner Diaz de la Portilla: Forget the PZ (Planning and Zoning) items. Mr. Ihekwaba: Okay. Commissioner Diaz de la Portilla: FR.1, motorized scooter program. Mr. Ihekwaba: Yes. Commissioner Diaz de la Portilla: I want to pull that off your list. I want to have a conversation about that if we can. Mr. Ihekwaba: Okay. Commissioner Diaz de la Portilla: And go back to the beginning, if you don't mind, and read the -- City of Miami Page 9 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Mr. Ihekwaba: (UNINTELLIGIBLE) -- Commissioner Diaz de la Portilla: Yeah. Mr. Ihekwaba: -- the regular agenda. Commissioner Diaz de la Portilla: Because I missed the first half of it, I'm sorry. Mr. Ihekwaba: Okay, RE.6 -- Commissioner Diaz de la Portilla: Yeah. Mr. Ihekwaba: -- to be indefinitely deferred. Commissioner Diaz de la Portilla: Right, but RE.6 is the companion to the other one, right? Mr. Ihekwaba: To the other one, yes. Commissioner Diaz de la Portilla: Okay, so -- Mr. Ihekwaba: It's companion to FR (First Reading) -- Commissioner Diaz de la Portilla: -- so we -- Chair King: Take that off? Commissioner Diaz de la Portilla: -- keep that on the table -- Mr. Ihekwaba: Okay. Commissioner Diaz de la Portilla: -- RE.6. Continue. Mr. Ihekwaba: RE.8, to be deferred to June 22nd. Commissioner Diaz de la Portilla: Okay. Mr. Ihekwaba: RE.13 -- Commissioner Reyes: 13? Mr. Ihekwaba: Yes. Commissioner Diaz de la Portilla: Yes. Mr. Ihekwaba: -- to May 11 th. Commissioner Diaz de la Portilla: Okay. Mr. Ihekwaba: RE.14, to May 25th. Commissioner Diaz de la Portilla: RE.14, why are we even deferring that? Mr. Ihekwaba: There are some concerns on the changes that the City Attorney would like to look into in terms of pending litigation and whether the FAA (Federal Aviation Administration) approvals have been finalized. And I think those are the two issues. City of Miami Page 10 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Commissioner Diaz de la Portilla: But they're looking for an extension `til the end of the year, right? Mr. Ihekwaba: Yes. Commissioner Diaz de la Portilla: And it runs out when, July? What's the date that the current --? Mr. Ihekwaba: Mid -June. Commissioner Diaz de la Portilla: Temp -- they have a temporary use, right? Mr. Ihekwaba: Yeah, we got time. Commissioner Diaz de la Portilla: Right, until when? Unidentified Speaker: Mid -June. Commissioner Diaz de la Portilla: So, we have time to bring it back and have a conversation -- Mr. Ihekwaba: Yes. Commissioner Diaz de la Portilla: -- about it. Okay, continue. And I'm sorry, Madam Attorney, what 's the concern? Ms. Mendez: They're suing us for $20 million. Commissioner Diaz de la Portilla: I know what the concern is but -- Ms. Mendez: And -- Commissioner Diaz de la Portilla: -- so -- Ms. Mendez: -- and then -- but aside from that -- Commissioner Diaz de la Portilla: I'm totally cognizant on what the issue is. Ms. Mendez: -- aside from that is -- Commissioner Diaz de la Portilla: The -- you know what I mean. It's kind of a rhetorical question, right, but the deferral -- the deferral, we're kicking it down the -- kicking the can, right? What happens when we come back to it? Ms. Mendez: Right. So, I just need to clam whether the FAA and FDOT (Florida Department of Transportation) know that this specific use, which is really supposed to be for a seaplane base and is now being used for this event space is actually -- you know, that they know about it. Commissioner Diaz de la Portilla: There 's two different issues. The lawsuit is one thing. Ms. Mendez: And then -- Commissioner Diaz de la Portilla: FAA is something else. City of Miami Page 11 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Ms. Mendez: Right, so -- Commissioner Diaz de la Portilla: So, what's the concern? Ms. Mendez: So, the lawsuit part, we can talk in chambers. Commissioner Diaz de la Portilla: I understand. Ms. Mendez: Right, so -- and then -- Commissioner Diaz de la Portilla: I thought we were in chambers. Well, we can talk in the shadow, you know. Ms. Mendez: Right, I mean, in -- not on the dais. Commissioner Diaz de la Portilla: Okay. Ms. Mendez: And then, on the approval side, we just need to know that we 've approved it properly, that this use can actually be there. It's supposed to be a seaplane base. Commissioner Diaz de la Portilla: But there's a lease and a sublease, right? So, we have a lease -- I think it's your district, Commissioner, right? So, we have a lease and a sublease. I don't know ifyou've been brought up to date on it before. Commissioner Covo: No, that's why -- I wasn't brought up to date, and I also would like to defer it. Commissioner Diaz de la Portilla: To what? Commissioner Covo: To defer it -- Commissioner Diaz de la Portilla: Yeah, yeah, I understand but -- Commissioner Covo: -- at least for 30 days. Commissioner Diaz de la Portilla: -- I want to make sure that we understand why we 're deferring because we come here all the time and defer -- Commissioner Covo: So, there's a lease and then, from what 1 understood from what they sent me, there 's a sublease. It's affecting other businesses in the area. They sent me some photos, but it was just a matter of one day. So, I need to make sure that it's good for my district, and I have not had the time. Commissioner Diaz de la Portilla: Okay, that's fair. But as far as the City Attorney's concerned, your issue is the lawsuit, or your issue is a use that's being -- Commissioner Covo: Both. Commissioner Diaz de la Portilla: -- pointed out now? Commissioner Covo: Both. Commissioner Diaz de la Portilla: Okay, and what other issue do you have, so I know. Ms. Mendez: No, those two. I mean -- City of Miami Page 12 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Commissioner Diaz de la Portilla: Those two, that's it? Okay, you won't raise any more moving forward, right? Ms. Mendez: No. Commissioner Diaz de la Portilla: Okay. Ms. Mendez: Those two. Commissioner Diaz de la Portilla: I'm sorry. Continue, Mr. Zerry. Mr. Ihekwaba: That's it. Commissioner Diaz de la Portilla: Okay. Mr. Ihekwaba: I think we're at the end. RE.14 is the last one. Commissioner Diaz de la Portilla: Okay, okay. Chair King: Commissioner Covo, do you have any items that you would like to withdraw or defer? Commissioner Covo: No, I'm good at this time. Chair King: Okay. Commissioner Reyes? Commissioner Reyes: Not at this time. Chair King: Okay, I have some that I would like to defer. I would like to defer PZ.10, 11, 12, and 13 -- Commissioner Reyes: 10 -- Chair King: -- to the May 11 th agenda. Ms. Mendez: It would have to be, Madam Chair, the 25th for advertising purposes. Chair King: Why? Ms. Mendez: It would have to be the 25th for advertising purposes. Chair King: Okay. Why? Because -- Ms. Mendez: So, there's a new state -- Chair King: -- PZ.14 -- PZ.14 has been deferred to the May llth agenda. I'm just asking the difference. Ms. Mendez: PZ.14 is a PZAB (Planning, Zoning and Appeals Board) appeal. The other ones are zoning texts that have to be advertised before second reading. And I believe that the time has passed for the advertising on second reading. If PZ can -- Chair King: 10, 11, 12, and 13. Ms. Mendez: Right, we have a situation that's happening in the Florida Legislature right now that there -- and there's a case that has come back that said that you have City of Miami Page 13 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 to advertise all items on second reading. So, before, we used to just reset something for like the next meeting because it was already advertised. But now, you have -- Chair King: But these are first readings. Ms. Mendez: -- to readvertise. Commissioner Diaz de la Portilla: But they didn't pass it. Chair King: But these are first reading items. Commissioner Diaz de la Portilla: It didn't pass the Legislature, right? It's pending. Ms. Mendez: I believe -- well, the fix -- so, the case law is the case law now. The fix is what we 're going through the Legislature so that we do not have to readvertise again. Commissioner Diaz de la Portilla: So, the fix has not passed. Ms. Mendez: The fix has not passed. Commissioner Diaz de la Portilla: Right, that's my understanding, right. Is that correct? Jose Felix Diaz: I don't think it's passed, but this is first reading, not second reading. Chair King: It's first reading. Ms. Mendez: Okay, on the first reading -- Commissioner Diaz de la Portilla: Right. Ms. Mendez: -- though, we also have to advertise on first reading, I believe. Chair King: Okay, but PZ.14 is first -- is -- okay, PZ.14 -- Commissioner Diaz de la Portilla: I want to talk about PZ.14. Chair King: -- the distinction -- the distinction is that it's an RE (Resolution)? Ms. Mendez: No, the distinction is that it's just an appeal of a certificate of revocation, so it's not an ordinance. The other ones are ordinances. But let me just doublecheck the whole first reading issue, if that changes anything on the advertising. But the case was just very difficult with regard to our processes, so we haven't been able to -- we have to reschedule to like meetings versus just the next meeting rollover. So, let me just doublecheck because it's first reading and -- Commissioner Diaz de la Portilla: Okay. And then, Madam Chairwoman -- Mr. Ihekwaba: Madam Chair. Chair King: Yes. Mr. Ihekwaba: Madam Chair, I've just been advised by the Planning Director that if we 're able to notify the newspaper in the next hour, we'll be able to get it in for the May 11 th schedule. City of Miami Page 14 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Chair King: So, that's what I'm trying to do. Commissioner Diaz de la Portilla: And that's correct. Chair King: Okay. So, it can go for -- Mr. Ihekwaba: It can go if we're able to -- Chair King: -- it can go for -- Mr. Ihekwaba: -- get it -- Chair King: -- the May 11 th. Mr. Ihekwaba: -- yeah -- yes. Commissioner Diaz de la Portilla: So, we'll do that, right? And then -- but what -- PZ.14, if I may. Chair King: PZ.14. Commissioner Diaz de la Portilla: The revocation -- where are -- where 's that business at right now on PZ.14? Are they operating? 2500 -- Mr. Ihekwaba: Yeah, give me a second. Let me get the Building Director in. Commissioner Diaz de la Portilla: -- Northwest 20th Street. Mr. Ihekwaba: Yeah. Give me one second. Commissioner Diaz de la Portilla: Sure. Mr. Ihekwaba: Okay. Commissioner Diaz de la Portilla: I'm looking at you. I think -- I think Goldberg -- I think you know the answer, right? We talked about this, right? Daniel Goldberg: Good morning, Daniel Goldberg, Zoning Administrator. I understand you want to know the status of PZ.14. Commissioner Diaz de la Portilla: Yes. Mr. Goldberg: The attorney representing the property reached out to me the other day and asked for a deferral. We -- to May 1lth. He indicated he couldn't make it today. We -- Commissioner Diaz de la Portilla: Who's the attorney? Mr. Goldberg: His name is Carlos Diaz Esperes (phonetic). Commissioner Diaz de la Portilla: Okay. Mr. Goldberg: And we indicated that there -- we had no objection to the request. Commissioner Diaz de la Portilla: So, it was at his request? Mr. Goldberg: It was his request, yes. City of Miami Page 15 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Commissioner Diaz de la Portilla: Okay. Alright, thank you. Mr. Goldberg: You're welcome. Commissioner Diaz de la Portilla: That 's fine. Chair King: At this time, may I have a motion to set the agenda? Commissioner Diaz de la Portilla: So moved. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Thank you. The agenda has been set. 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 16 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 CA.1 13649 Department of Fire - Rescue CA - CONSENT AGENDA The following item(s) was Adopted on the Consent Agenda MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO APPROVE THE CREATION OF ONE (1) FIRE CAPTAIN AND FOUR (4) FIREFIGHTERS IN THE DEPARTMENT OF FIRE -RESCUE ("FIRE"), AS REQUIRED PURSUANT TO RESOLUTION NO. R-21- 0402, ADOPTED SEPTEMBER 23, 2021, AND RESOLUTION NO. R-21-0408, ADOPTED OCTOBER 1, 2021; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE ANY NECESSARY CHANGES TO ADJUST, AMEND, AND APPROPRIATE THE FISCAL YEAR 2022-2023 OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN REGARDING CITY SERVICES AND RESOURCES AS NECESSARY, LEGALLY ALLOWED, AND APPLICABLE IN ORDER TO CREATE SAID POSITIONS FOR FIRE; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0182 This matter was ADOPTED on the Consent Agenda. Chair King: At this time, do I have a motion for CA.1 through 5? Commissioner Diaz de la Portilla: I'll move CA.1 through 5. Commissioner Reyes: Second. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 17 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 CA.2 RESOLUTION 13695 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING TWO (2) RIGHT-OF-WAY DEED OF DEDICATION ("DEED") AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR RIGHT-OF-WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A COPY OF THE DEED. ENACTMENT NUMBER: R-23-0183 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. CA.3 RESOLUTION 13794 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 AN AGREEMENT FOR WATER AND SANITARY SEWER FACILITIES AND A UNITY OF TITLE ("AGREEMENT"), AND ENTER INTO ANY REQUIRED JOINDERS FOR SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT ("WASD") FOR THE PROVISION OF WATER AND SANITARY SEWER SERVICES TO CITY OF MIAMI OWNED PROPERTY LEASED TO MIAMI FREEDOM PARK, LLC ("TENANT") LOCATED AT 1400 AND 1550 NORTHWEST 37 AVENUE ("PROPERTY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE SAID AGREEMENT. ENACTMENT NUMBER: R-23-0184 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. City of Miami Page 18 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 CA.4 13609 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MAGALY PEREZ, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $35,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, "CITY") IN THE CASE STYLED MAGALY PEREZ VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 2020- 13749- CA- 01, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545013.0000.00000. ENACTMENT NUMBER: R-23-0185 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. CA.5 RESOLUTION 13797 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF JOSEPH ALEXANDER, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $150,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $149,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. ENACTMENT NUMBER: R-23-0186 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. END OF CONSENT AGENDA City of Miami Page 19 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 PH.1 13422 Department of Housing and Community Development PH - PUBLIC HEARINGS 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, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTIONS 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 18-182(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO TRANSFER THE CITY -OWNED PROPERTIES LOCATED AT 750 NORTHWEST 70 STREET AND 754 NORTHWEST 70 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION, TO BE USED AS AFFORDABLE RENTAL HOUSING BY RESIDENTS EARNING AT OR BELOW EIGHTY PERCENT (80%) OF AREA MEDIAN INCOME AS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUALLY, FOR THIRTY (30) YEARS FROM THE DATE OF THE TRANSFER; FURTHER 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-23-0187 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Chair King: Do I have a -- do I have a -- may I have a motion for PH.1 through 9? Commissioner Reyes: Move it. Commissioner Diaz de la Portilla: I will move -- I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 20 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 PH.2 13650 Department of Housing and Community Development PH.3 13651 Department of Housing and Community Development 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, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING, ATTACHED AND INCORPORATED AS ATTACHMENT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") PURSUANT TO SECTIONS 29-B(A) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), AND SECTION 18-182(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO EXECUTE A NINETY NINE (99) YEAR GROUND LEASE AGREEMENT ("LEASE"), BETWEEN THE CITY OF MIAMI ("CITY") AND 5215 FLAGLER STREET, LLC; ("DEVELOPER") ON THE CITY -OWNED PARCEL OF LAND LOCATED AT 5215 WEST FLAGLER STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, FOR THE DEVELOPMENT OF AFFORDABLE ELDERLY RENTAL HOUSING PROJECT FOR LOW-INCOME SENIORS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY; SUCH LEASE SUBJECT UPON SUCCESSFUL REMEDIATION OF EXISTING ENVIRONMENTAL CONDITIONS. ENACTMENT NUMBER: R-23-0188 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.2, please see Item Number PH.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING PROGRAM INCOME FROM COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS GENERATED FROM AUGUST 1, 2022 TO SEPTEMBER 30, 2022, IN THE AMOUNT OF $257,125.35 FOR ELIGIBLE HOUSING AND ECONOMIC DEVELOPMENT ACTIVITIES, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER 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-23-0189 City of Miami Page 21 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 PH.4 13652 Department of Housing and Community Development MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.3, please see Item Number PH.1 and `Public Comments for all Item(s)." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING PROGRAM INCOME FROM HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDS GENERATED FROM AUGUST 1, 2022, TO SEPTEMBER 30, 2022, IN THE AMOUNT OF $61,834.98 AND AN ADDITIONAL AMOUNT OF $67,202.00 OF RECAPTURED FUNDS FOR A TOTAL AMOUNT OF $129,036.98, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; 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-23-0190 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.4, please see Item Number PH.1 and `Public Comments for all Item(s)." City of Miami Page 22 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 PH.5 13744 Department of Housing and Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF A GRANT ALLOCATION FROM THE UNITED STATES CONGRESS AND ADMINISTERED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD"), ECONOMIC DEVELOPMENT INITIATIVE COMMUNITY PROJECT FUNDING ("EDI-CPF") FOR THE 2023 FISCAL YEAR ("FY2023 ACT"), IN THE AMOUNT OF FOUR MILLION DOLLARS ($4,000,000.00), AS MORE PARTICULARLY SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO ASSIST WITH FLOOD MITIGATION AND RIGHT-OF-WAY IMPROVEMENTS IN MIAMI JOSE MARTI PARK AND ITS NEIGHBORHOOD, MANAGED BY THE CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS INCLUDING AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. ENACTMENT NUMBER: R-23-0191 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.5, please see Item Number PH.1. City of Miami Page 23 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 PH.6 13745 Department of Housing and Community Development PH.7 13746 Department of Housing and Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF A GRANT ALLOCATION FROM THE UNITED STATES CONGRESS AND ADMINISTERED BY UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD"), ECONOMIC DEVELOPMENT INITIATIVE COMMUNITY PROJECT FUNDING ("EDI-CPF") FOR THE 2023 FISCAL YEAR ("FY2023 ACT") IN THE AMOUNT OF FOUR MILLION DOLLARS ($4,000,000.00), AND ALLOCATING THE FUNDS AS MORE PARTICULARLY SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO ASSIST WITH THE 8 STREET NEIGHBORHOOD FLOOD MITIGATION PROJECT, MANAGED BY THE CITY OF MIAMI DEPARTMENT OF RESILIENCE AND PUBLIC WORKS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS INCLUDING AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. ENACTMENT NUMBER: R-23-0192 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.6, please see Item Number PH.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE ORIGINAL AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND BHP COMMUNITY LAND TRUST, INC., D/B/A SOUTH FLORIDA COMMUNITY LAND TRUST ("SFCLT") FOR THE CONVEYANCE TO SFCLT FOR THE PURPOSES OF DEVELOPING AFFORDABLE/WORKFORCE RENTAL HOUSING AT THE PROPERTY LOCATED AT 6201 NORTHWEST 17 AVENUE, MIAMI, FLORIDA ("PROPERTY"); AUTHORIZING THE AMENDMENT TO CONVEY THE PROPERTY TO BROADYWAY RISING, LTD. ("BROADWAY"), IN WHICH BHP COMMUNITY LAND TRUST, INC., D/B/A SOUTH FLORIDA COMMUNITY LAND TRUST ("SFCLT") HAS AND WILL MAINTAIN A CONTROLLING INTEREST; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0193 City of Miami Page 24 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.7, please see Item Number PH.1. PH.8 RESOLUTION 13800 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, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO LANCELOT MIAMI RIVER LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR A PERPETUAL, NON-EXCLUSIVE, TEN (10) FOOT WIDE ACCESS EASEMENT ("EASEMENT") ON A PORTION OF PROPERTY OWNED BY THE CITY OF MIAMI ("CITY") LOCATED AT 444 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA ("PROPERTY") FOR THE PURPOSES OF PROVIDING PEDESTRIAN ACCESS, WITH THE FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM, OVER, UPON, THROUGH AND ACROSS THE PROPERTY, AS SHOWN ON EXHIBIT "C" OF THE EASEMENT, ATTACHED AND INCORPORATED ("EASEMENT AREA"), IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE EASEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THE EASEMENT. ENACTMENT NUMBER: R-23-0194 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de Ia Portilla, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.8, please see Item Number PH 1. City of Miami Page 25 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 PH.9 RESOLUTION 12566 Office of Capital Improvements & HVKBPT A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S WRITTEN FINDING AND RECOMMENDATION, ATTACHED HERETO 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") TO ESTABLISH A CONTRACT FOR MUSEUM CONSULTANT SERVICES FOR THE HISTORIC VIRGINIA KEY BEACH PARK MUSEUM WITH LORD CULTURAL RESOURCES PLANNING & MANAGEMENT INC., A FLORIDA PROFIT CORPORATION ("LORD CULTURAL RESOURCES"), FOR THE CITY'S OFFICE OF CAPITAL IMPROVEMENTS ("OCI") AND THE VIRGINIA KEY BEACH PARK TRUST ("VKBPT"); ALLOCATING FUNDS FROM GENERAL ACCOUNT NO. 00001.150009.883000.0.0 AND SUCH OTHER FUNDING SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH LORD CULTURAL RESOURCES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING, THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0195 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number PH.9, please see Item Number PH.1 and `Public Comments for all Item(s)." END OF PUBLIC HEARINGS City of Miami Page 26 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 RE.1 13605 Department of Building RE - RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, RETROACTIVELY RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-90 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"); RETROACTIVELY APPROVING THE SELECTION OF BUILT TO LAST CONSTRUCTION SERVICES CORP. ("BUILT TO LAST CONSTRUCTION"), F.P.G. WHOLESALE, INC., DBA F.P.G. HOME DESIGN CENTER ("F.P.G."), AND 0 V DOORS CORP. ("OV DOORS"), FOR EXPENSES INCURRED DURING THE EVACUATION OF ALL THE RESIDENTS FROM 5050 NORTHWEST 7TH STREET, MIAMI, FLORIDA ("5050 BUILDING") FOR AN ESTIMATED EXPENDITURE AMOUNT OF ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000.00); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, MODIFICATIONS, ADDITIONS OF RELATED EQUIPMENT, OR SERVICES FOR THE 5050 BUILDING, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0196 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Chair King: We're going to try to take up the REs (Resolutions). Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: I don't know if -- City of Miami Page 27 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 Chair King: One sec -- hold on one second. Commissioner Covo. Victoria Mendez (City Attorney): On -- we have a couple -- on the REs, we have to pull different ones, so thank you, Madam Chair, for slowing it down a bit. Commissioner Diaz de la Portilla: But we don't need to slow it down. We just need to pull certain items, right? Ms. Mendez: Yes, so -- Commissioner Diaz de la Portilla: So, which items do you want to pull? Ms. Mendez: I need to -- Commissioner Diaz de la Portilla: They've already been pulled. Chair King: 6 -- Ms. Mendez: RE.7. Chair King: -- 6, 13, and -- Commissioner Diaz de la Portilla: Correct. Chair King: Okay. Ms. Mendez: RE.7, I need to pull. That one is a plat. I don't know if someone is going to ask for -- are you going to --? Right, so -- Ms. Escarra. Commissioner Diaz de la Portilla: We're going to pull RE.6, RE.7, and RE.13. And we 're also going to pull, at my request -- Chair King: I thought RE.13 was deferred, no? Commissioner Diaz de la Portilla: I'm sorry. Well, yeah. Ms. Mendez: Yes, RE -- Commissioner Diaz de la Portilla: We're pulling -- Commissioner Covo: That one was deferred. Commissioner Diaz de la Portilla: Hold on. We're pulling it from the motion is what I mean. Chair King: Okay. Commissioner Diaz de la Portilla: Okay. Chair King: Okay. Commissioner Diaz de la Portilla: And then -- but I do want to hear -- have a conversation about RE.11, so I want to pull that, if you don't mind. Chair King: Okay, alright. So, may I have a motion for RE.1, 2 -- Commissioner Reyes: 2, 3, 4, 5. City of Miami Page 28 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Todd B. Hannon (City Clerk): 9 and 10 are mitigation (INAUDIBLE). Chair King: Right, right, right, okay. Commissioner Diaz de la Portilla: And 14. Chair King: May I have a motion for RE.1, 2, 3, 4, 5, 12, 15, and 16? Commissioner Reyes: Move it. Commissioner Covo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Passes. RE.2 RESOLUTION 13702 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT TITLED "EMERGENCY HOTEL/MOTEL PROGRAM PC- 2223-HTMT-1" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED ONE MILLION SIX HUNDRED NINETY THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($1,690,500.00), CONSISTING OF A 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 PROVIDE TEMPORARY EMERGENCY HOTEL/MOTEL ACCOMMODATIONS FOR HOMELESS FAMILIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, 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 EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT OR DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF THE GRANT. ENACTMENT NUMBER: R-23-0197 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number RE.2, please see Item Number RE.1 and "Public Comments for all Item(s)." City of Miami Page 29 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 RE.3 RESOLUTION 13706 Department of Human Services A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT AND ALLOCATE GRANT FUNDS IN AN AMOUNT NOT TO EXCEED THIRTY SEVEN THOUSAND ONE HUNDRED SIXTY SIX DOLLARS AND ZERO CENTS ($37,166.00) ("GRANT") FROM MIAMI-DADE COUNTY HOMELESS TRUST ("COUNTY") FOR A TWELVE (12) MONTH PERIOD, WITH NO CITY OF MIAMI ("CITY") MATCHING FUNDS REQUIRED, TO ASSIST HOMELESS INDIVIDUALS WITH THE REPLACEMENT OF LOST IDENTIFICATIONS AND STAFFING FOR THE HOMELESS MANAGEMENT INFORMATION SYSTEM ("HMIS"); ESTABLISHING A SPECIAL REVENUE PROJECT TITLED "HMIS STAFFING PROGRAM PC-2223-STAFF-1 AND IDENTIFICATION ASSISTANCE PROGRAM PC-2223-ID-1" AND APPROPRIATING FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT CONTRACT WITH THE COUNTY, IN SUBSTANTIALLY THE ATTACHED FORM, CONDITIONED UPON THE AVAILABILITY OF THE CITY RESOURCES THAT MAY BE REQUIRED TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AMENDMENTS TO THE AGREEMENT OR DOCUMENTS NECESSARY, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN FURTHERANCE OF THE GRANT. ENACTMENT NUMBER: R-23-0198 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number RE.3, please see Item Number RE.1. City of Miami Page 30 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 RE.4 RESOLUTION 13662 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM FOR AN AMOUNT NOT TO EXCEED ONE MILLION TWO HUNDRED SIXTY ONE THOUSAND TWO HUNDRED DOLLARS AND ZERO CENTS ($1,261,200.00) ("GRANT FUNDS") FOR THE CONSTRUCTION OF A BOAT RAMP AND TRAILER PARKING AT VIRGINIA KEY PARK - PHASE 2; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF THE GRANT APPLICATION; FURTHER, IN THE EVENT OF AN AWARD, AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FUNDS FOR FISCAL YEAR 2023 - 2024 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO ALLOCATE THE REQUIRED MATCHING FUNDS AND OTHER PROJECT FUNDS IN AN AMOUNT NOT TO EXCEED ONE MILLION SIX HUNDRED SIXTY ONE THOUSAND TWO HUNDRED DOLLARS AND ZERO CENTS ($1,661,200.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED FROM THE DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT CAPITAL PROJECT NUMBER 40-B70046, OR OTHER LEGALLY AVAILABLE FUNDING SOURCES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO. ENACTMENT NUMBER: R-23-0199 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item Number RE.4, please see Item Number RE.1 and "Public Comments for allltem(s)." Chair King: And at this lime, we can -- we want to move on the RE (Resolution) items with the exception of RE.7. May I have a motion to --? Oh, we can't do this one. May I have a motion to pass RE.2, 3, 4, 5, 12 -- Commissioner Covo: Madam Mayor, I have a question on RE. 4. Commissioner Reyes: Okay. Chair King: Okay, you want to dis -- City of Miami Page 31 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 Commissioner Covo: I want to pull it. Chair King: You want to di -- Commissioner Reyes: You want to pull that. Chair King: Oh, you want to pull -- okay, so let me -- let's pass the ones that we don 't have -- Todd B. Hannon (City Clerk): You already passed 1, 2, 3, 4, 5. We've already done 12, 15, and 16. Those have all passed. Chair King: So, we only need 4? Mr. Hannon: So, we only have 6, 7, and 11 left for the (INAUDIBLE). Chair King: No -- Mr. Hannon: 6, 7, and 11 that need to be acted upon. Chair King: But DLP (Diaz de la Portilla) wants to talk about those two. Mr. Hannon: Yes, he wants to talk about 6. Chair King: Okay. Alright, so you want to discuss RE.4? Wait, Todd, come back. Go ahead. You want staff to discuss it? Commissioner Covo: Yeah. Chair King: Can we have staff present for RE.4, please? Commissioner Covo: You can go ahead. Dorian Gibson (Special Projects Assistant): Good day, Commission. Dorian Gibson, Grants Administration. Commissioner Covo: The most important question that I have on this item has to do with the mangrove mitigation. I wanted to know exactly -- because I have a concern regarding if they actually get trimmed or if they get removed. I just want to make sure that I know clearly what mitigating mangroves means. Mr. Gibson: I'll defer to Hector on this. Commissioner Covo: Okay, thank you. Hector Badia (Assistant Director, Capital Improvements Program): So, the mangroves mitigation, there are three or four mangroves adjacent to the existing boat ramp that need to be removed in order to have a functional boat ramp. The mangrove mitigation 's approximately $7, 000. Commissioner Covo: And for example -- because we saw Mr. Cruz's presentation when he came because he has a similar issue with Morningside Park. And I know that is something that we need to, as the department and as the City, to be super clear. With Morningside Park, are you planning --? And I know it's not related, but it's related because it's also the mangroves. So, are you planning on removing any mangroves? City of Miami Page 32 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Mr. Badia: We 're not removing any mangroves in Morningside Park. Commissioner Covo: Okay, but legally, the City can remove if there is a conflict. Like how is that managed? Mr. Badia: For the boat ramp itself? Commissioner Covo: For mangroves in general. Like for example, Peacock Park, which it's my district as well, has mangroves. The mangroves are blocking all the view. So, is this case by case? Or how do we determine it, how we manage the mangroves within the City? Mr. Badia: If the mangrove removal is required as part offunction or safety, then the County will approve -- they'll review it and they'll approve mangrove mitigation. Commissioner Covo: So, it's function and safety; those are the two. Mr. Badia: Correct. Commissioner Covo: Okay. Mr. Badia: Arbitrarily, they will not allow you just to remove mangroves. Commissioner Covo: And with the boat ramp, it's actually function. Mr. Badia: It's functional. We had to move the boat ramp slightly adjacent to some existing mangroves in order to have the functionality between the marina -- existing marina and the boat ramp. Commissioner Covo: Is there anything that we do afterwards to -- and I don 't know if this is even doable, but those are ecosystems. Is it done like ecosystem friendly, I guess? Because you know a whole mangrove is a whole ecosystem. Mr. Badia: Yes, yes. It's loss of habitat and that's what we have to mitigate the loss. And we use -- they use those funds to plant mangroves in other locations. Commissioner Covo: Oh, okay. So, you're planting mangroves in another location. Mr. Badia: Yeah. Commissioner Covo: Okay. That -- those were my questions, Madam Chair. Chair King: Okay. City of Miami Page 33 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 RE.5 RESOLUTION 13694 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR REIMBURSEMENT GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, FOR AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS ($150,000.00) ("GRANT FUNDS") FOR THE DESIGN AND PERMITTING OF THE MOORING FIELDS AT MIAMI MARINE STADIUM MARINA - PHASE 1 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE SUBMISSION OF THE GRANT APPLICATION; FURTHER, IN THE EVENT OF AN AWARD, AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT FUNDS FOR FISCAL YEAR 2023-2024 WITHOUT THE NEED FOR FURTHER CITY COMMISSION APPROVAL AND TO ALLOCATE THE REQUIRED MATCHING FUNDS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($150,000.00) TO BE BUDGETED AND APPROPRIATED BY SEPARATE, FUTURE RESOLUTION AT THE TIME OF NEED FROM CAPITAL PROJECT NUMBER 40-B70042 OR OTHER LEGALLY AVAILABLE FUNDING SOURCES AND TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, GRANT OR DEED AGREEMENTS, AMENDMENTS, MODIFICATIONS, RENEWALS, AND EXTENSIONS THERETO. ENACTMENT NUMBER: R-23-0200 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number RE.5, please see Item Number RE.1. City of Miami Page 34 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 RE.6 RESOLUTION 12749 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED OCTOBER 15, 2021, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 1170387 AND THE PROTEST TO THE SAME, FROM BIRD RIDES, INC., A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("BIRD"), AND HELBIZ FL LLC, A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("HELBIZ"), THE TWO (2) HIGHEST RANKED RESPONSIVE AND RESPONSIBLE PROPOSERS, FOR THE PROVISION OF SHARED MOTORIZED SCOOTER SERVICES, FOR THE CITY OF MIAMI ("CITY") DEPARTMENT OF RESILIENCE AND PUBLIC WORKS ("RPW'), FOR A PERIOD OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL TWO (2) YEAR PERIOD, SUBJECT TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH BIRD AND HELBIZ, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. ENACTMENT NUMBER: R-23-0209 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Manolo Reyes, Commissioner SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item Number RE.6, please see "Order of the Day." Commissioner Diaz de la Portilla: What I would like to do -- I know -- I know (INAUDIBLE). I would like to defer the issue until the next Commission meeting when we have a full dais. Commissioner Reyes: You mean -- what issue? Commissioner Covo: The scooter. City of Miami Page 35 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 Commissioner Diaz de la Portilla: The scooter issue. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: So I could get -- Nzeribe Ihekwaba (Deputy City Manager): So -- Commissioner Covo: I have an issue with the scooters. Commissioner Diaz de la Portilla: Okay, so we could do two things. We can kill it and start from scratch, okay. Commissioner Covo: Let's kill it. Commissioner Diaz de la Portilla: And -- let's just kill it. Commissioner Reyes: Okay. Commissioner, if -- Commissioner Diaz de la Portilla: And kill -- Commissioner Covo: I mean, my district has been the most affected. Commissioner Diaz de la Portilla: -- but kill it in a good way. Commissioner Covo: In an elegant way. Commissioner Diaz de la Portilla: Right. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: We want the whole process to start from scratch is my feeling, my sentiment on it. And we have a new commissioner from that district, in particular. I think the process was not the proper -- we didn't take the safety issues and everything we discussed for the last couple of years. I think that we put it to rest for now and we come back and we start from scratch. Mr. Ihekwaba: So -- Commissioner Diaz de la Portilla: Is the Administration okay with that or --? Mr. Ihekwaba: Yes, actually, we had originally intended to indefinitely defer the items. Commissioner Reyes: Defer it -- indefinitely defer. Mr. Ihekwaba: So, perhaps it can be tabled back and withdrawn. Commissioner Diaz de la Portilla: But why don't you just vote it down. Let's -- what's the difference between voting it down and --? Legally. Victoria Mendez (City Attorney): So, on RE. 6, it was -- I believe it was the award -- Mr. Ihekwaba: The award -- Ms. Mendez: -- correct? City of Miami Page 36 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Mr. Ihekwaba: -- yes. Commissioner Diaz de la Portilla: Correct. Ms. Mendez: So, it would have to be that the Commission would -- Commissioner Diaz de la Portilla: Negate it. Ms. Mendez: -- reject. Mr. Ihekwaba: Reject all. Ms. Mendez: Reject the award and throw it out. Commissioner Diaz de la Portilla: So -- Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: -- there's a difference. Ms. Mendez: Yes. Commissioner Diaz de la Portilla: Right? So, let's negate the award. Commissioner Reyes: I move it. Commissioner Diaz de la Portilla: Right, and then we take it from there. Chair King: RE. 6. Commissioner Diaz de la Portilla: And we have a conversation later on about it. Commissioner Reyes: Yes. Commissioner Diaz de la Portilla: Does that work for you, Commissioner? Commissioner Covo: What does that exactly mean? Commissioner Diaz de la Portilla: What does it mean? That we throw everything out and we start from scratch. Commissioner Covo: Exactly. Commissioner Diaz de la Portilla: You get your input. We all get -- Commissioner Covo: I think that's fair for me. Commissioner Diaz de la Portilla: Okay. Commissioner Covo: Because I had my injury report here and it's all in my district. Chair King: Is that RE. 6? Commissioner Diaz de la Portilla: RE. 6. Chair King: RE. 6. City of Miami Page 37 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Commissioner Reyes: RE. 6. Mr. Ihekwaba: RE.6. Chair King: Do I have a motion? Commissioner Diaz de la Portilla: He moved it, and I'll second it. Commissioner Reyes: Yes. Chair King: All in favor? The Commission (Collectively): Aye. Mr. Ihekwaba: So, what -- Ms. Mendez: And for the reasons -- Chair King: As amended. Ms. Mendez: Right, and for the reasons stated on the record for -- by Commissioner Diaz de la Portilla. Commissioner Diaz de la Portilla: Right. Commissioner Reyes: Okay. RE.7 RESOLUTION 13781 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. R-22-0357, ADOPTED ON SEPTEMBER 22, 2022, WHICH ACCEPTED THE PLAT TITLED CARDINAL PLAZA, A REPLAT IN THE CITY OF MIAMI; FURTHER DIRECTING THE CITY MANAGER TO RELEASE THE LETTER OF CREDIT, IN THE AMOUNT OF THREE HUNDRED SIXTY-FOUR THOUSAND SIX HUNDRED EIGHTEEN DOLLARS ($364,618.00), POSTED FOR THE SUBDIVISION IMPROVEMENTS AT CARDINAL PLAZA. ENACTMENT NUMBER: R-23-0202 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Reyes ABSTAIN: Covo ABSENT: Carollo City of Miami Page 38 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 RE.7 RESOLUTION 13781 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. R-22-0357, ADOPTED ON SEPTEMBER 22, 2022, WHICH ACCEPTED THE PLAT TITLED CARDINAL PLAZA, A REPLAT IN THE CITY OF MIAMI; FURTHER DIRECTING THE CITY MANAGER TO RELEASE THE LETTER OF CREDIT, IN THE AMOUNT OF THREE HUNDRED SIXTY-FOUR THOUSAND SIX HUNDRED EIGHTEEN DOLLARS ($364,618.00), POSTED FOR THE SUBDIVISION IMPROVEMENTS AT CARDINAL PLAZA. ENACTMENT NUMBER: R-23-0202 MOTION TO: Reconsider RESULT: RECONSIDERED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Reyes ABSTAIN: Covo ABSENT: Carollo RE.7 RESOLUTION 13781 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. R-22-0357, ADOPTED ON SEPTEMBER 22, 2022, WHICH ACCEPTED THE PLAT TITLED CARDINAL PLAZA, A REPLAT IN THE CITY OF MIAMI; FURTHER DIRECTING THE CITY MANAGER TO RELEASE THE LETTER OF CREDIT, IN THE AMOUNT OF THREE HUNDRED SIXTY-FOUR THOUSAND SIX HUNDRED EIGHTEEN DOLLARS ($364,618.00), POSTED FOR THE SUBDIVISION IMPROVEMENTS AT CARDINAL PLAZA. ENACTMENT NUMBER: R-23-0202 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Reyes ABSTAIN: Covo ABSENT: Carollo Note for the Record: Commissioner Covo abstained from voting on item RE.7 and submitted a FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS with the Office of the City Clerk on (MONTH) (DAT), (YEAR), in accordance with Section 112.3143, Florida Statutes. Chair King: And we are now on -- Commissioner Reyes: FR.2. City of Miami Page 39 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 Chair King: No, don 't we have to go to RE (Resolution) -- Commissioner Covo: RE.7, Madam Chair. Commissioner Reyes: We 're going to go back to RE. Chair King: RE.7. Commissioner Reyes: RE.7. Commissioner Covo: So, I need to announce that I have a voting conflict on RE.7. Chair King: Okay. Commissioner Covo: I cannot participate. I will be submitting a Form 8B. Chair King: Okay. Commissioner Reyes: Okay. Commissioner Diaz de la Portilla: You can stay, just not vote, right? Oh, she has to go? Okay, alright, so go over there to the corner. Commissioner Reyes: She has to -- yeah, she has to go. Commissioner Diaz de la Portilla: So, RE.7, what is it? Chair King: RE.7 is -- Victoria Mendez (City Attorney): A plat. Nzeribe Ihekwaba (Deputy City Manager): It's a plat. Chair King: A plat. Iris Escarra: A plat extension of time. Iris Escarra, offices at 333 Southeast 2nd Avenue. This plat was previously approved by the Commission. Once it leaves the Commission, you have 180 days to get it recorded at the County. Commissioner Reyes: Yeah. Ms. Escarra: Between transfer and the County procedures, we took a little bit more time. The plat is now ready. Commissioner Diaz de la Portilla: I'll move RE.7. Commissioner Reyes: I second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. Ms. Mendez: So, RE -- Ms. Escarra: Thank you. City of Miami Page 40 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Ms. Mendez: Hold on. Commissioner Diaz de la Portilla: You have to read it. Ms. Mendez: As drafted, RE.7 is to rescind, so I don't -- so it is -- do you have the different language that you want to --? Ms. Escarra: It would have to be to reapprove it for an additional 180 days. Ms. Mendez: Right. You're asking for an extension. Ms. Escarra: An extension. Ms. Mendez: So, this would be modified. Commissioner Diaz de la Portilla: So, it's not to rescind, right. Ms. Mendez: So, it will not be rescinded. Commissioner Reyes: We have to rescind it first. Ms. Mendez: It will be an extension. Commissioner Diaz de la Portilla: So, I need to move to reconsider then? Ms. Mendez: Yes, please. Commissioner Diaz de la Portilla: I'll move to reconsider. Todd B. Hannon (City Clerk): No. Commissioner Diaz de la Portilla: Hold on, hold on. Mr. Hannon: I think you can just incorporate that as part of the vote -- Chair King: Right. Mr. Hannon: -- since you all three are on the dais. Commissioner Reyes: Yeah. Mr. Hannon: No? Ms. Mendez: The problem is that this item is just to rescind, so it would be to amend - Chair King: To request -- I thought -- Commissioner Diaz de la Portilla: So -- Chair King: -- I thought we're requesting a 30-day extension. Commissioner Reyes: That's right. Commissioner Diaz de la Portilla: No, no, but -- City of Miami Page 41 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Chair King: Is that --? Commissioner Diaz de la Portilla: -- but I need to re -- no. We passed the rescinding of the item, so we have to reconsider it, change the vote, and come back to the new item. Ms. Mendez: To an extension versus -- Commissioner Diaz de la Portilla: To an extension time. Ms. Mendez: -- the recission. Chair King: Right. Commissioner Diaz de la Portilla: So, I move to reconsider. Commissioner Reyes: Rescind the -- Chair King: Okay. Commissioner Reyes: -- previous -- the previous decision. Commissioner Diaz de la Portilla: Correct. Chair King: Right. Commissioner Diaz de la Portilla: So -- Chair King: All in favor? The Commission (Collectively): Aye. Commissioner Diaz de la Portilla: Okay. Chair King: Motion to rescind -- Commissioner Reyes: Extend. Chair King: -- request a 30-day extension. Commissioner Diaz de la Portilla: No, a hundred -- Ms. Mendez: To grant a 30-day extension. That's all we can grant -- Commissioner Diaz de la Portilla: I move to grant the -- Ms. Mendez: -- you can grant per the code. Commissioner Diaz de la Portilla: -- 30-day extension. That's all we can grant. Commissioner Reyes: I second. I second that. Commissioner Diaz de la Portilla: Okay. Chair King: All in favor? The Commission (Collectively): Aye. City of Miami Page 42 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 RE.8 13069 Office of the City Attorney Mr. Hannon: As amended. Ms. Mendez: As amended. Chair King: As amended. Commissioner Diaz de la Portilla: It's all legal. It's all good. We 're good to go. Alright, let's move on. Ms. Escarra: Thank volt. Commissioner Diaz de la Portilla: Next. Chair King: Okay. Commissioner Reyes: Easy, piece of cake. 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, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item RE.8 was deferred to the June 22, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.8, please see "Order of the Day." City of Miami Page 43 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 RE.9 13336 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN, CE2003022485 ON THE PROPERTY LOCATED AT 89 NORTHEAST 70 STREET, MIAMI, FLORIDA, WHICH WAS RECORDED ON AUGUST 19, 2005, 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-23-0203 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Sabina Covo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Chair King: And at this time, we have two mitigations, RE.9 and RE.10. Commissioner Reyes: Okay. Chair King: Let's hear RE.9. Commissioner Diaz de la Portilla: Can I step away for five minutes and come back? Chair King: Sure, that's fine. This isn't your district, right? Whose district is this? Whose district? Whose district is RE.9? Nzeribe Ihekwaba (Deputy City Manager): I think it's your district, Madam Chair. Commissioner Reyes: It is your district. It's your district. Chair King: Oh, okay, rocking and rolling. So, we'll have staff present, and then we'll have -- Robert Santos Alborna (Director, Code Compliance): Good morning. Chair King: Good morning. Commissioner Covo: Whose district is this again, Madam Chair? Chair King: Mine. Commissioner Covo: Oh, okay. Chair King: RE.9, you said. Let me check my notes. Oh, okay, go ahead. City of Miami Page 44 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Mr. Santos Alborna: Good morning, Commissioners, Chairwoman King. Robert Santos Alborna, Code Compliance Director. This is a mitigation on Case Number CE20030022485. It 's for a property address at 89 Northeast 70 Street. The property in question has a history of code issues. Originally, the violation goes back to work performed without permits, illegal units, rooming house, et cetera. This is a case initiated in 2003, where it was adjudicated on May 11 th, 2005. Because of the number of years that it's been running, the lien has accrued to an amount of $1, 602,250, to be exact. And there were some concerns that I had raised when I met with each of you individually in that, specifically because of Florida Statutes 162.10, this lien will sunset in about a year and a half. I have more information and details regarding the case. If you have any specific questions, I'll be delighted to share with you. Chair King: Go ahead. Mark Kass: Good morning. My name is Mark Kass. I'm an attorney. The gentleman to my left is Mr. Munach, Glenn Munach. He actually -- Chair King: I believe you need to state your name and address for the record. Mr. Kass: I -- sure. My name's Mark Kass. My -- I'm an attorney. My address is 1497 Northwest 7th Street, Miami, Florida, 33125. Mr. Munach's address is the same. He is the mortgage lender on the property. We also have the owner of the property, Mr. Placide. I represent Mr. Munach. He's the lender. We currently have a foreclosure action. He has a mortgage on the property that's in foreclosure. We have named the City of Miami as a defendant. It's our position that we have the ability to foreclose out the lien at issue because my client's mortgage was recorded before the code violation was recorded. However, it is our preference to try to resolve the issue, and through the mitigation process, pay it off, get it satisfied, get it released, rather than go through the foreclosure process, and that's why we're here today. Mr. Placide apparently did not complete the miti -- did not complete the compliance for some time. My client, as the mortgage lender, then stepped in, started to work with him on a more consistent basis. Eventually -- the property has been demolished. It's been demolished through permits. It's been demolished through cooperation with the City and the inspectors. It is now a vacant lot. So, we do have an offer we're prepared to make, even though, again, we feel we can eliminate the lien through the foreclosure process. My client's prepared to pay, you know, upwards of $10,000 in satisfaction of the lien. And we think that's -- it's not a nominal or a pittance. It's a -- it's real money, and we'd like to resolve it in that fashion. Chair King: We have -- my colleagues and I have established some guidelines for which we are mitigating these liens. And at this time, I am requesting 25 percent of the outstanding liens, and that is my motion to my colleagues. Do I have a motion? Commissioner Covo: I'll motion. Commissioner Reyes: I second it. Chair King: All in favor? Motion carries. Todd B. Hannon (City Clerk): As amended. Chair King: As amended. Commissioner Reyes: As amended. Chair King: Thank you. City of Miami Page 45 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Mr. Kass: Okay, is that -- can I respond to that? I mean, I think -- first of all, hoii' much is that? I don 't even know how much that is. Commissioner Reyes: It's $50, 000. Mr. Kass: I'm sorry? Commissioner Reyes: It's 25 percent of 240. It is 50 -- $52, 000, I think it is. Unidentified Speaker: It's $400, 000. Mr. Kass: $52, 000? Is that --? Commissioner Reyes: Yes. Mr. Kass: Okay. I just wanted to make sure. Can that be reflected in the record the actual dollar amount? Mr. Alborna: 400 -- yes, the actual amount -- Commissioner Reyes: It's $51, 000. Mr. Alborna: -- and I just did that as well. It's $400, 562.50. Mr. Kass: $400,000? Mr. Alborna: Yes, sir. That's 25 percent of the total accrued amount of the lien. Commissioner Reyes: Oh, I thought that they were accrued $24, 000 -- no, 240. Mr. Alborna: I just did the math based on the 25 percent that Chairwoman -- Commissioner Reyes: Oh, okay, okay. Mr. Alborna: -- had reflected. Chair King: The liens are upward -- Commissioner Reyes: My bad. Chair King: -- the liens are -- Commissioner Reyes: I was getting the 25 percent of the land value. Chair King: Right. The liens -- Commissioner Reyes: That's right. Chair King: -- the liens are upwards of $1.6 million. Commissioner Reyes: Okay, okay, then I stand corrected. It 's going to be $400, 000. Mr. Kass: Well, okay, now that that's been clarified, I would ask if that can be revisited because -- I mean, perhaps some of the Commissioners didn't realize the amount at issue. I mean, I will tell the esteemed Commissioners that my client may City of Miami Page 46 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 RE.10 13577 Office of the City Attorney have to just completely foreclose out the property and -- which will result in the City receiving no funds from this proceeding so -- Chair King: I understand. Commissioner Reyes: Yes. Mr. Kass: Okay. Chair King: Thank you. Mr. Kass: Thank you. Commissioner Reyes: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIEN RECORDED AGAINST PROPERTY 490 NORTHEAST 62 STREET, MIAMI, FLORIDA, CASE NUMBER CE2018008270, 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-23-0204 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Sabina Covo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For additional minutes referencing Item Number RE.10, please see "Public Comments for all Item(s)." Chair King: RE.9 -- RE.10. Robert Santos Alborna: Good morning, Commissioners, Chairwoman. Robert Santos Alborna, Code Compliance Director. RE.10 is also a mitigation of a lien for a property located at 490 Northeast 62nd Street. The violations in question are for operating without a certificate of use and BTR (Business Tax Receipt). The case in question is from 2018, originally adjudicated on May 17th, 2018; complied on January 26 of 2023. The fines accrued at $360,500. And as I understand, the offer from the respondent is $18, 025. That's 5 percent of the total accrued amount. There are other items related that the respondent may discuss. There is a payment on another case which they will bring up, but wanted to give you the gist of the issues. Raymond Carrero: Thank you. Raymond Carrero, 9771 South Dixie Highway, 33156. I'm the attorney for the property owner. And we've indicated -- instituted a City of Miami Page 47 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 lawsuit regarding this matter. This, as stated, was discovered in October of 2018, I believe, when I was finally cited for an illegal structure in the property. Inspections revealed other violations, other code violations. Further inspections revealed further code violations to the extent where bathrooms had to be demolished, rooms had to be brought up to code, and scope of work had to be changed each time. And as a consequence -- this is a multifamily unit -- as a consequence, my client was unable to obtain BTR or CU (Certificate of Use) because you cannot do that when you have a code violation pending. And so, with these being staggered and stacked upon one another, we quickly ran into the COVID pandemic, followed by the supply chain delays that were nationwide and caused a bit of a delay. But we ultimately got everything resolved. Every time a new code violation was discovered, new drawings were submitted, new permits were granted, inspections were made, things were corrected, and this kept cascading with new discoveries of new code violations, further delaying the issuance of a BTR and the CU. So, what my client did was they went ahead and paid the fines, the 107-plus thousand dollars in fines for the code violations in the other ticket as an act of good faith. They did it under protest. My client's willing to address that issue, and I think we can resolve the issue of that payment fairly easily. But what remains is now this 360-plus thousand dollar fine resulting from delays caused by not -- you know, these continual and repeated discoveries of code violations. These were existing at the time my client purchased the property, so he was not aware of them. But as he -- as they were discovered, he addressed each one of them in a prompt and timely manner. And as such, we're asking the Commission to consider a reduction in mitigation of that fine. Chair King: I will consider a reduction in the mitigation, but I will not consider 5 percent. I will not -- I will not accept 5 percent. It seems to me, as a property owner, you purchase a multifamily property, you would have a general contractor, an engineer, and all of the trades come in to see what is required of repair. And I'm saying this to say -- because at the time, did you have tenants? Mr. Carrero: I'm not sure whether there was tenants at the time. But I -- ifI may add -- if I may just add, obviously, nobody wants properties to have code violations because they're unsafe. They cause an inconsistency in the uniformity of how things are in the city, particularly when it comes to safety issues when we have hurricanes and possibility of structures collapsing and things encroaching on easements and these kind of things. I would hope that the Commission's -- at least part of their motivation would be not to discourage investors from rehabilitating properties that otherwise might sit there and not be -- Chair King: Oh, no, we're not -- Mr. Carrero: -- corrected so -- Chair King: -- we 're not discouraging. Mr. Carrero: No, no, no. I -- Chair King: Right, we're not discouraging and -- we 're encouraging. And what we 're also doing is discouraging -- Mr. Carrero: Correct. Chair King: -- property owners -- Mr. Carrero: I agree. Chair King: -- from -- City of Miami Page 48 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Mr. Carrero: I understand, I understand. I will only -- Chair King: -- racking up these fines and then coming to us -- Commissioner Reyes: You're right. Mr. Carrero: Right. Chair King: -- and asking -- Mr. Carrero: (UNINTELLIGIBLE). Chair King: -- us to accept 5 percent, 2 percent of a tremendous amount of money -- Mr. Carrero: Sure, I understand that. Chair King: -- that no fault of our own. Now, if the City had any hand in accruing these fines, then I would be more sympathetic -- Mr. Carrero: Sure. Chair King: -- to the issue. But it seems as if you don 't piecemeal finding out errors. If you have a general contractor, you have an engineer, and you go and walk the property and you begin to ident fy and then you know. Mr. Carrero: Right. Chair King: So -- Mr. Carrero: Understand. Chair King: -- if someone can answer my question. Were tenants living in the property during the time of these violations? Mr. Santos Alborna: Based on the information that I have before me, the answer is yes. Commissioner Reyes: Very irresponsible. Mr. Santos Alborna: Originally, with the CU and BTR violations (UNINTELLIGIBLE). Chair King: So, with that information at hand, I would be asking for 25 percent of the fines. Do I have a motion? Commissioner Reyes: Second. Commissioner Covo: I move it. Chair King: Second. All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 49 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Mr. Carrero: I appreciate it. And I want to say also thank you for the hospitality you showed the children here today. It's important for them to see what adults do while they're in school. Commissioner Reyes: Our pleasure. Mr. Carrero: But thank you. I appreciate it. Chair King: Thank you. Commissioner Reyes: Thank you. Todd B. Hannon (City Clerk): And that's as amended. Chair King: As amended. RE.11 RESOLUTION 13748 Office of Management and Budget A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING APPROPRIATIONS RELATING TO THE 2022-2023 FISCAL YEAR ADOPTED OPERATING BUDGET PURSUANT TO RESOLUTION NO. R-22-0371 ADOPTED ON SEPTEMBER 22, 2022, AS AMENDED, THE FIVE-YEAR FINANCIAL PLAN, THE STRATEGIC PLAN, AND THE MULTI- YEAR CAPITAL PLAN PURSUANT TO RESOLUTION NO. R-22- 0321 ADOPTED ON SEPTEMBER 10, 2022, AS AMENDED (COLLECTIVELY, THE "BUDGET"), AND AUTHORIZING THE CITY MANAGER TO MAKE ANY NECESSARY CHANGES TO ADJUST, AMEND, ALLOCATE, AND APPROPRIATE THE BUDGET, AND ANY PART THEREOF, REGARDING CITY OF MIAMI SERVICES AND RESOURCES AS NECESSARY AND LEGALLY ALLOWED; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED OFFICIALS AND DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION THEREWITH AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS AND FOR NECESSARY RELATED DOCUMENT NEGOTIATIONS AND EXECUTIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR APPLICABLE EFFECTIVE DATES. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Diaz de la Portilla, Reyes ABSENT: Carollo, Covo Note for the Record: Item RE.11 was deferred to the May 11, 2023, City Commission Meeting. Commissioner Reyes: Okay, what do we have left? Chair King: Okay, we have RE.11 in play now. City of Miami Page 50 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 Commissioner Diaz de la Portilla: Yeah. RE.11 and -- Commissioner Reyes: RE.11. Commissioner Diaz de la Portilla: -- okay, everything, including the Haitian Month and everything. Okay, so I want to defer RE.11 until we have a full dais. Chair King: Motion. Commissioner Diaz de la Portilla: I moved it. Chair King: Second. I second. All in favor? The Commission (Collectively): Aye. Todd B. Hannon (City Clerk): Chair, is that to the May 11 th meeting? Chair King: May 11 th. Commissioner Diaz de la Portilla: To the May 11 th meeting, correct. Chair King: May 11 th meeting. RE.12 RESOLUTION 13771 Office of Capital Improvements A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ALTER THE WESTBOUND LANE OF SOUTHWEST 26TH STREET BY CLOSING THAT PORTION OF THE WESTBOUND LANE OF SOUTHWEST 26TH STREET LOCATED BETWEEN THE MERGER OF THE WESTBOUND LANE OF SOUTHWEST 26TH STREET AND SOUTHWEST BOUND LANE OF SOUTHWEST 26TH LANE TO THE WEST AND THE POINT WHERE THE SOUTHSIDE BORDER OF THE WESTBOUND LANE OF SOUTHWEST 26TH STREET SEPARATES FROM THE NORTHSIDE BORDER OF THE EASTBOUND LANE OF SOUTHWEST 26TH STREET ON THE EAST AND WIDENING OF THE CURRENT EASTBOUND LANE OF SOUTHWEST 26TH STREET TO ALLOW FOR WESTBOUND TRAFFIC AT THE CURRENT MERGER OF THE SOUTHWEST 26TH STREET EASTBOUND LANE AND SOUTHWEST 26TH LANE'S SOUTHWEST BOUND LANE AS PART OF THE OFFICE OF CAPITAL IMPROVEMENTS PROJECT 40-B193522A DOG RUN PARK. ENACTMENT NUMBER: R-23-0205 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo City of Miami Page 51 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 RE.13 13850 Commissioners and Mayor RE.14 13849 Commissioners and Mayor Note for the Record: For minutes referencing Item Number RE.12, please see Item Number RE.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO WORK WITH BAYFRONT PARK MANAGEMENT TRUST TO LOCATE FUNDING FOR THE BAYFRONT PARK FOUNTAIN PROJECT. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item RE.13 was deferred to the May 11, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.13, please see "Order of the Day." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TEN (10) WEEK TEMPORARY EVENT LIMITATION PER YEAR FOR THE PUBLIC PROPERTY LOCATED AT 1000 MACARTHUR CAUSEWAY, MIAMI, FLORIDA PURSUANT TO CHAPTER 62/ARTICLE XIII/DIVISION 1/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/TEMPORARY EVENT PERMITS/TEMPORARY EVENTS IN GENERAL", TO ALLOW FOR RESERVE PADEL MIAMI EVENTS TO BE HELD FROM JULY 21, 2023 THROUGH DECEMBER 31, 2023. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item RE.14 was continued to the May 25, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number RE.14, please see "Order of the Day." City of Miami Page 52 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 RE.15 13854 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND JENNY MARY WEINREB ("SELLER"), FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 3691 SOUTHWEST 1ST AVENUE, MIAMI, FLORIDA, FOLIO NUMBER 01-4139-007-0370 ("PROPERTY"), FOR A PURCHASE PRICE NOT TO EXCEED SEVEN HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($775,000.00); AUTHORIZING THE CITY MANAGER TO IDENTIFY, BUDGET, ALLOCATE AND APPROPRIATE FUNDS IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED TWENTY THOUSAND DOLLARS ($820,000.00), TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF SURVEYS, ENVIRONMENTAL REPORTS, TITLE INSURANCE, DEMOLITION, SECURING THE PROPERTY, PROJECT SIGNAGE AND ALL RELATED CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. ENACTMENT NUMBER: R-23-0206 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number RE.15, please see Item Number RE.1. City of Miami Page 53 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 RE.16 13864 Commissioners and Mayor RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. R-22-0082 IN ITS ENTIRETY; ALLOCATING, BUDGETING, AND APPROPRIATING TWO MILLION AND 00/100 DOLLARS ($2,000,000.00) TO PROVIDE SUPPLEMENTAL FUNDING TO THE CITY OF MIAMI'S ("CITY") SENIOR RENTAL ASSISTANCE PROGRAM; APPORTIONING THREE MILLION, TWO HUNDRED FIFTY THOUSAND, TWO HUNDRED FIFTY-ONE AND 19/100 DOLLARS ($3,250,251.19) EQUALLY TO EACH CITY COMMISSION DISTRICT FOR THE COMMISSIONER OF EACH DISTRICT TO ALLOCATE AND APPROPRIATE BY FUTURE RESOLUTION(S) FOR AFFORDABLE HOUSING AND/OR RENTAL ASSISTANCE PROGRAMS; THE USE, ALLOCATION, AND APPROPRIATION OF THE FIVE MILLION, TWO HUNDRED FIFTY THOUSAND, TWO HUNDRED FIFTY-ONE AND 19/100 DOLLARS ($5,250,251.19) OF FUNDS REFERENCED HEREIN ARE SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS AND THE RECEIPT OF ALL NECESSARY APPROVALS, INCLUDING, BUT NOT LIMITED TO THE CITY ATTORNEY; AUTHORIZING THE CITY MANAGER TO MAKE ANY CHANGES TO ADJUST, AMEND, AND APPROPRIATE THE CITY'S OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, MULTI -YEAR CAPITAL PLAN, AND OTHER DOCUMENTS AS NECESSARY AND APPLICABLE, PURSUANT TO THE PROVISIONS OF THIS RESOLUTION; AUTHORIZING, RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND THE DESIGNATED CITY DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS IN CONNECTION HEREWITH. ENACTMENT NUMBER: R-23-0207 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number RE.3, please see Item Number RE1 and "Public Comments for all Item(s)." END OF RESOLUTIONS City of Miami Page 54 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 13784 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Office of the City CHAPTER 39/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, Attorney FLORIDA, AS AMENDED, TITLED "PEDDLERS AND ITINERANT VENDORS/SIDEWALK AND STREET VENDORS," TO PROVIDE FOR THE ALLOWANCE OF STATIONARY VENDORS ONLY IN APPROVED VENDING DISTRICTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14163 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Chair King: So, we are now on our second reading items because we have to wait for one of our colleagues to come back to address RE.6, 7, and 11. So, Victoria, if you could read the titles into -- Commissioner Reyes: But Madam Chair, did we vote on 1, 2 -- Chair King: Oh, yeah, we passed -- we had already passed -- Commissioner Reyes: We already passed that. Chair King: -- the R -- yes, uh-huh. Commissioner Reyes: I thought it was (UNINTELLIGIBLE). Chair King: We already passed the RE (Resolution) items, with the exception of 6, 7, and 11. Commissioner Reyes: 2, 3, 4, and 5, yes, okay. Chair King: Madam City Attorney, would you please read into the record the titles of the second reading --7 Victoria Mendez (City Attorney): Yes, Madam Chair. SR.1. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: SR.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: Those are the SRs (Second Reading). City of Miami Page 55 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Chair King: Can I have a motion to pass SR.1 and 3? Commissioner Reyes: Move it. Commissioner Covo: Second. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Items passed unanimously. SR.2 ORDINANCE Second Reading 13362 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department of CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, Police FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION/IN GENERAL," BY AMENDING SECTION 38-26, TITLED "NAMING OF OFFICER MANUEL GOMEZ MOUNTED PATROL FACILITY AT LUMMUS PARK"; MORE SPECIFICALLY BY RENAMING THE CITY OF MIAMI'S POLICE MOUNTED PATROL FACILITY LOCATED AT 360 NW 3RD STREET, MIAMI, FLORIDA, THE "OFFICER MANUEL GOMEZ MOUNTED FACILITY;" DIRECTING THE CITY MANAGER TO TAKE ALL ADMINISTRATIVE ACTIONS NECESSARY TO EFFECTUATE THE RENAMING OF SAID FACILITY. ENACTMENT NUMBER: 14164 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Chair King: At this time, I'd like to take up SR.2, our mounted stable renaming. Would you guys like to come forward. Do I have a motion for SR. 1 -- SR.2? Commissioner Reyes: Move it. Chair King: Second. Commissioner Covo: Second. Chair King: I have a motion and a second. Victoria Mendez (City Attorney): Madam Chair, I'm going to read it into the record. Chair King: Please do. The Ordinance was read by title into the public record by the City Attorney. Chair King: All in favor? City of Miami Page 56 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 The Commission (Collectively): Aye. Chair King: The motion carries. Applause. Cherise Gause: Good morning, everyone. First Assistant Chief Cherise Gause, on behalf of Chief Manny Morales. It is an honor for us to be here and support this initiative. Everything comes to fruition with a vision. And so, it's through the vision of Officer Pla and Major Fernandez that this happened today. This is a great recognition for you, and I'm glad that you're able to be here with us today. We thank you for your 28 years of dedicated service to the Miami Police Department and 17 years to the mounted stables. Officer Gomez was injured as a result of mounting his horse many years ago, so it is an esteemed honor for us to be able to name our stables after you and dedicate it to you. He was also instrumental in finding the location that we still are in right now for our mounted stables. So, thank you so much. Thank you to your family, again, for your dedication and sacrifice. Manuel Gomez: Thank you. Applause. Commissioner Reyes: Nobody deserves this, I mean, honor more than Manny. I know Manny -- I met Manny when I first started working at the City of Miami when I was skinny and I had black hair and -- many, many moons ago. And we all ways -- I mean, we're very good friends. And I never seen anybody more dedicated to his work than him. He was an institution on Calle Ocho. And many people came to Calle Ocho just to be with Manny and see Manny. And all the businesses there adore him. Everybody that was in Calle Ocho adore him. And -- Unidentified Speaker: Many years. Commissioner Reyes: Many, many years dedicated to the job of making Calle Ocho safe. So, it is an honor for me to vote in granting this -- on naming these stables after you. And God give you a lot of more years and health. I love you. Applause. Mr. Gomez: It's kind of hard for me to be up here so -- many years, I started my career in 1980. My first task was working here at City Hall. And make it short and fast, your mayor used to pet my horse, and I used to ride him on my horse. And today, he's a City ofMiami mayor. So, we could go back many, many years. All -- a bunch of the Commissioners that were here, they're gone, I remember many, many good stories of them. City Hall, 3500 Pan American Drive, I did a lot of reports here working as -- back in the City in the '80s. I don't have words how to say I thank all my brothers that have always been with me, City of Miami police officers that always served the community in good and bad terms. I worked all the demonstration at City of Miami. It is a great police department. Forget about, they say, the corruption or (UNINTELLIGIBLE) corruption, or whatever it is. The City of Miami Police Department is one of the greatest police department there is, and we were well, well trained. Believe me, any police officer that came out of the City of Miami, today, they're chief. Chief Carlos Avila, right there with me, my brother, West Miami Police. Come on, Chief. Come on. Commissioner Reyes: He used to be one of us. City of Miami Page 57 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Mr. Gomez: He used to be one of us. We have a lot of chiefs today in different departments. They're all from the City of Miami Police Department. So, believe me or not, it is the best and the great city police department there is. And the mounted unit is one of the best mounted units all over the United States, believe me. Armando Aguilar, wow. Kenya, wow. Pablo Canton -- ifyou all don't know Pablo Canton, one of the best NET (Neighborhood Enhancement Team) directors in the City of Miami. Commissioner Reyes: If you don't know Pablo Canton (INAUDIBLE) -- Mr. Gomez: If you don't know Pablo Canton, you don't know the City of Miami, believe me. Commissioner Reyes: Never went to Calle Ocho. Mr. Gomez: We could write books and stories. Where is Commissioner De La Portilla? I remember when he was the state rep, always next to me, always supporting the mounted unit. I don't know where he is, but think he should be here. I hope he listens to me, but I remember that he was always backing the mounted unit. I think I talked enough, right? But listen, thank you, thank you very much. And there were very good times here at City Hall, good and bad times. I saw hard times here too, believe me, but thank you. Applause. Mr. Gomez: I started -- my first assignment was, as a rookie cop, City Hall. Commissioner Reyes: Yeah. Mr. Gomez: Right here, at 3500 Pan American Drive. And your ex -chief of police, Rudy Llanes (phonetic), was my PSA (Public Service Aide) that used to work here too. Unidentified Speaker: He used to work here. Mr. Gomez: Right, so we could go back many, many histories. I just got a call from Commissioner Willy Gort that he couldn't be here. Wow, I remember the first time Willy told me he was going to run for Commissioner. So, we could go many, many years back. Commissioner Reyes: Here comes Commissioner -- Chair King: Here comes Commissioner Diaz de la Portilla. Commissioner Reyes: -- Diaz de la Portilla. Commissioner Diaz de la Portilla: I was watching television (INAUDIBLE). Mr. Gomez: (INAUDIBLE) and you used to tell me (INAUDIBLE). Commissioner Diaz de la Portilla: Too many years. Commissioner Reyes: His father had a business on Calle Ocho. Commissioner Diaz de la Portilla: I know, I know. We have a long history. So, I was watching you. I didn't know you were coming. Thank you, Commissioner Reyes, for bringing and doing this for him. And what great service you provided to our city for decades before -- I think before I was born, I'm not sure. But we worked together and been friends for a long, long time, and it's an honor. It's an honor to honor you and City of Miami Page 58 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 for you to be part of the family, the Miami family, everybody here that's worked so hard. But you have dedicated your entire life to the City, and we are forever grateful for that. So, it's a proper honor, and thank you for mentioning me and for the shoutout, but you're the one that needs a shoutout. Congratulations. Mr. Gomez: Thank you. Applause. SR.3 ORDINANCE Second Reading 13789 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III/SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE/APPLICATION AND EXCLUSIONS," BY AMENDING SECTION 18-72(B) TO EXCLUDE FROM THE REQUIREMENTS OF THE CITY OF MIAMI PROCUREMENT ORDINANCE THE MIAMI FOR EVERYONE PROGRAM AND RELATED ADVERTISING, PROVIDING FOR CERTAIN CONTRACTUAL AND LEGAL LIMITATIONS FOR THIS EXEMPTION AS ARE PROVIDED HEREIN; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ENACTMENT NUMBER: 14165 MOTION TO: Adopt RESULT: ADOPTED MOVER: Manolo Reyes, Commissioner SECONDER: Sabina Covo, Commissioner AYES: King, Covo, Reyes ABSENT: Carollo, Diaz de la Portilla Note for the Record: For minutes referencing Item Number SR.3, please see Item Number SR.1. END OF SECOND READING ORDINANCES City of Miami Page 59 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 FR - FIRST READING ORDINANCES FR.1 ORDINANCE First Reading 11135 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BICYCLES, SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES," MODIFYING AND PROVIDING FOR ADDITIONAL SAFETY MEASURES AND OTHER REGULATIONS; AND ADDING DIVISION 2 TO PROVIDE FOR THE PERMANENT MOTORIZED SCOOTER PROGRAM; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Withdraw RESULT: WITHDRAWN MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For additional minutes referencing Item Number FR.1, please see "Order of the Day." Chair King: Madam City Attorney, would you please read into the record the first reading items -- the titles of the first reading items? Victoria Mendez (City Attorney): On FR.1, is that the one that -- Nzeribe Ihekwaba (Deputy City Manager): So, FR.1 and RE. 6 are companion items. Commissioner Reyes: They're companion items. Mr. Ihekwaba: Commissioner De La Portilla had wanted to have a conversation on those two items. Chair King: Right, so -- Mr. Ihekwaba: The second FR (First Reading) item was indefinitely deferred. Chair King: So, read all of the items that are in play. Ms. Mendez: Well, FR.1, it was going to be a discussion, like to pull it for discussion. And FR.2 is not any longer. So, do you still want me to read FR.1, even though it may not be heard today? Chair King: Just in case. Ms. Mendez: FR.1. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 60 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 [Later...] Mr. Ihekwaba: So, FR.1, which is -- Commissioner Diaz de la Portilla: So, I'm not longer chairing the meeting? You took my gavel away. Chair King: I didn't take -- who took that away? Commissioner Diaz de la Portilla: Yeah, you pulled it from me. Chair King: I didn't -- I -- Commissioner Diaz de la Portilla: You did it. Didn't we -- Chair King: I never -- Commissioner Diaz de la Portilla: -- didn't we honor you today? I just signed something for you, really? Chair King: I never even touched that thing. Have you ever --? I don't bother with that. Commissioner Diaz de la Portilla: Good. M. Mendez: And then FR (First Reading) -- the FR -- related FR item will be indefinitely -- Mr. Ihekwaba: Yes, we propose it to be indefinitely deferred -- Commissioner Reyes: FR.1. Mr. Ihekwaba: -- which is the ordinance establishing the program. Commissioner Diaz de la Portilla: Okay. Chair King: So, let's go back. Commissioner Reyes: FR.1. Chair King: Do I have a motion? Commissioner Diaz de la Portilla: I'll second that motion to throw it out, right? Chair King: It's indefinitely deferred. Mr. Ihekwaba: Yes. Commissioner Diaz de la Portilla: No, no, no, no. Todd B. Hannon (City Clerk): Chair. Commissioner Reyes: Throw it out. Commissioner Diaz de la Portilla: No, no, no. Commissioner Reyes: Vote it down. City of Miami Page 61 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Ms. Mendez: Or fully withdrawn by the -- Commissioner Diaz de la Portilla: Or withdrawn. Ms. Mendez: -- fully withdrawn. Commissioner Diaz de la Portilla: -- or withdrawn by the sponsor. Who 's the sponsor? Chair King: Withdrawing it? George. Commissioner Reyes: Withdrawn. Ms. Mendez: Right now, it's you. Commissioner Diaz de la Portilla: I'm the sponsor? Ms. Mendez: Right now. Commissioner Diaz de la Portilla: Oh, my God, so I'll withdraw it. Chair King: Okay. Commissioner Covo: You're the sponsor. Commissioner Diaz de la Portilla: That works. Chair King: Okay. Commissioner Reyes: Okay. Chair King: So, FR.1 -- Commissioner Diaz de la Portilla: We all make mistakes. Chair King: -- have a motion, second. FR.1 is withdrawn. Commissioner Diaz de la Portilla: Yes. Commissioner Reyes: Withdrawn, okay. City of Miami Page 62 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 FR.2 ORDINANCE First Reading 13783 Commissioners and Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDINGS/IN GENERAL," BY CREATING SECTION 10-10 OF THE CITY CODE, TITLED "DEMOLITION PAYMENT BOND REQUIRED FOR CONSTRUCTION," TO PROVIDE BONDS FOR NEW PERMITS; TO REQUIRE A BOND TO BE POSTED FOR THE COST OF DEMOLITION BY THE CITY OF MIAMI OF THE WORK TO BE PERFORMED SHOULD THE PERMIT HOLDER FAIL TO COMPLETE THE PROJECT IN VIOLATION OF THE FLORIDA BUILDING CODE PERMIT REQUIREMENTS; AND TO PROVIDE A DUE PROCESS APPEAL FOR ANY SUCH DEMOLITION ACTION TAKEN; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. MOTION TO: Indefinitely Defer RESULT: INDEFINITELY DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: For minutes referencing Item Number FR.2, please see "Order of the Day." END OF FIRST READING ORDINANCES City of Miami Page 63 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 BU.1 13187 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 Commissioner Reyes: Madam Chair, if I may. Chair King: Okay, at this time, we have the status of FYI-23 current and FY-24 proposed, the fiscal year '23 budget and the proposed fiscal year '24 budget presentation. Morning. Marie Gouin (Director, Office of Management and Budget): Good morning. Which item, RE. 11? Or was it BU.1? Chair King: The budget, BU.1. Ms. Gouin: Okay. Commissioner Reyes: B-1 [sic]. Ms. Gouin: Good morning, Chair, Commissioners. The first item is revenues. When you look at the revenues for the projection that was done by staff through March 2023, what we looked at to see how the revenues are doing and how the expenditures are doing. At this time in point, at the end of March, the revenues were exceeding the budget by $25.3 million. And the expenditures, when you look at the adopted budget, was 965. We are projecting that we will end off the year with a projection expenditures of $955.7 million, and which means that, with a surplus of $9.5 million. We also have the internal service plans. When we look at how they are project -- how they are doing right now, based on the project we have, we think that we will have a surplus of $3.4 million at the end of the fiscal year. And the summary is that the revenues will be doing better than expenses. We should have a surplus of $34.8 million by the end of the fiscal year if everything stays as we see it at this point. Internal service fund will be $3.4 million, with a surplus of $38.2 million. The $38.2 million includes a $5 million of the contingency reserve that we keep based on our financial integrity principles. And if RE.11 is to go through today, which is the budget amendment that is being proposed, the budget -- that $38.2 million will be reduced by $24 million. Commissioner Reyes: Okay. Ms. Gouin: Any questions? City of Miami Page 64 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Commissioner Reyes: No, I think it's very good news. Ms. Gouin: Okay, thank you. Commissioner Reyes: It's fantastic, and I will -- we have to find where we're going to spend it. Ms. Gouin: Ye, thanks. Commissioner Covo: I have some requests for that. Commissioner Reyes: No, also, we have to -- I think that we have to be a little bit frugal and keep our reserves high because we don't know what's -- I mean -- Ms. Gouin: Yes, the $5 million was -- Commissioner Reyes: The economic situation is very unstable. We don't know what's going to happen. Ms. Gouin: Correct. Commissioner Reyes: Yes. Okay, thank you very much. Ms. Gouin: Okay, thank you. Commissioner Reyes: You got -- are you going to ask for all the money that is left? Commissioner Diaz de la Portilla: I want it all, yeah, no. Of course, thank you. END OF BUDGET City of Miami Page 65 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 PZ.1 13450 Department of Planning PART B: PZ - PLANNING AND ZONING ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RELEASE OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PROPERTY GENERALLY LOCATED AT 1775 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: R-23-0201 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Chair King: Okay, that puts us -- we are now in the -- Commissioner Diaz de la Portilla: You can tell Commissioner Covo to come back. Chair King: -- PZ (Planning and Zoning) items. Commissioner Diaz de la Portilla: She can come back now. Chair King: Victoria, can you read the titles into the record for our PZ items? Victoria Mendez (City Attorney): Yes, Madam Chair. PZ.1, a reso -- PZ.1 is a resolution. I don't have to read that one. Which is the other ones that are left? So, PZ. 6. Commissioner Diaz de la Portilla: Welcome back. Chair King: 1, 2, 3 --1, 2, 3, 4, 5 -- Ms. Mendez: PZ. 6 and 7 are the ones that I need to read into the record. The Ordinance was read by title into the public record by the City Attorney. Ms. Mendez: And then PZ.7. The Ordinance was read by title into the public record by the City Attorney. Commissioner Diaz de la Portilla: I'll move it. Chair King: Second. All in favor? City of Miami Page 66 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 The Commission (Collectively): Aye. Chair King: Motion carries. PZ. 6 and 7 are approved. We have a pocket item. Commissioner Reyes: Yes. Chair King: Pocket Item 1. Todd B. Hannon (City Clerk): Chair, I think -- did you want RE.1 to be part of that motion or -- I'm sorry, PZ.1? PZ.1, 6, and 7? Ms. Mendez: I didn't read PZ.1, Madam Chair, since it was a resolution. Commissioner Diaz de la Portilla: You don't need to read it. Ms. Mendez: Right, correct, but -- Chair King: Yes, include -- Commissioner Diaz de la Portilla: Yeah, so it's PZ.1, 3 -- Mr. Hannon: 6. Chair King: PZ.1 -- Commissioner Diaz de la Portilla: I'm sorry, 6. Commissioner Reyes: PZ.1 -- Chair King: -- 6 and 7. Commissioner Reyes: -- 6 and 7. Commissioner Diaz de la Portilla: 1, 6 and 7. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries. City of Miami Page 67 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 PZ.2 ORDINANCE Second Reading 13317 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R" GENERAL URBAN TRANSECT ZONE — RESTRICTED TO "T5-R" URBAN CENTER TRANSECT ZONE — RESTRICTED FOR THE PROPERTY LOCATED AT APPROXIMATELY 2170 NORTHWEST FLAGLER TERRACE, MIAMI, FLORIDA, AND FROM "T6-8-O" URBAN CORE TRANSECT ZONE — OPEN TO "T6-8-L" URBAN CORE TRANSECT ZONE — LIMITED FOR THE PROPERTY LOCATED AT APPROXIMATELY 45 NORTHWEST 22 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item PZ.2 was continued to the May 25, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.2, please see "Order of the Day." City of Miami Page 68 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 PZ.3 ORDINANCE First Reading 12858 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "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: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item PZ.3 was continued to the May 25, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.3, please see "Order of the Day." City of Miami Page 69 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 PZ.4 ORDINANCE First Reading 12859 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM: "T3- 0" 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 70 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 PZ.5 12860 Commissioners and Mayor - PZ MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item PZ.4 was continued to the May 25, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.4, please see "Order of the Day." ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY 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: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item PZ.5 was continued to the May 25, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.5, please see "Order of the Day." City of Miami Page 71 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 PZ.6 ORDINANCE Second Reading 12615 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO EXPEDITED STATE REVIEW PROCEDURES ESTABLISHED IN SECTION 163.3184, FLORIDA STATUTES, BY AMENDING THE TEXT WITHIN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, SPECIFICALLY STRIKING OR REPLACING REFERENCES TO THE NEIGHBORHOOD ENHANCEMENT TEAM WITHIN THE FUTURE LAND USE ELEMENT; ADDRESSING THE GEOGRAPHY OF THE NEIGHBORHOOD ENHANCEMENT TEAM AREAS FOR THE PARKS, RECREATION AND OPEN SPACE ELEMENT; PROVIDING AN APPENDIX TO THE PARKS, RECREATION AND OPEN SPACE ELEMENT WHICH MAPS THE NEIGHBORHOOD ENHANCEMENT TEAM AREAS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14166 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo PZ.7 ORDINANCE Second Reading 13540 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE"), BY AMENDING ARTICLE 5, SECTION 5.6.2 OF THE MIAMI 21 CODE, TITLED "SPECIFIC TO ZONES/BUILDING CONFIGURATIONS (T6)"; AND ILLUSTRATION 5.6, TITLED "URBAN CORE TRANSECT ZONES", TO ALLOW ADDITIONAL FLEXIBILITIES IN OFFICE AND COMMERCIAL FLOORPLATE AREA ABOVE THE EIGHTH FLOOR; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ENACTMENT NUMBER: 14167 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Christine King, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo City of Miami Page 72 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 PZ.8 ORDINANCE First Reading 13726 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 "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 1250 NORTHWEST 22 AVENUE MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item PZ. 8 was continued to the May 25, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.8, please see "Order of the Day." PZ.9 ORDINANCE First Reading 13728 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T5-L" URBAN CENTER TRANSECT ZONE - LIMITED, TO "T6-8-L" URBAN CORE TRANSECT ZONE -LIMITED, FOR THE PROPERTY GENERALLY LOCATED AT 1250 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item PZ.9 was continued to the May 25, 2023, City Commission Meeting. City of Miami Page 73 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 Note for the Record: For minutes referencing Item Number PZ.9, please see "Order of the Day." PZ.10 ORDINANCE First Reading 13729 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 "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" AND "LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 14 NORTHWEST 75TH STREET, 7409 NORTHWEST MIAMI COURT, 7450 NORTH MIAMI AVENUE, AND 7401 NORTHWEST MIAMI COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item PZ.10 was deferred to the May 11, 2023, City Commission Meeting. City of Miami Page 74 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 PZ.11 ORDINANCE First Reading 13730 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE Department of ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING CODE OF Planning THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE") AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R" URBAN CENTER ZONE — RESTRICTED AND "D1" WORK PLACE DISTRICT ZONE TO "T6-8-O", URBAN CORE ZONE — OPEN OF THE PROPERTIES GENERALLY LOCATED AT 14 NORTHWEST 75TH STREET, 7409 NORTHWEST MIAMI COURT, 7450 NORTH MIAMI AVENUE, AND 7401 NORTHWEST MIAMI COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item PZ.11 was deferred to the May 11, 2023, City Commission Meeting. PZ.12 ORDINANCE First Reading 13731 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 "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 131 NORTHWEST 75TH STREET, 134 NORTHWEST 76TH STREET, 120 NORTHWEST 76TH STREET, 139 NORTHWEST 75TH STREET, 7521 NORTHWEST 1ST COURT, 7531 NORTHWEST 1ST COURT, 115 NORTHWEST 75TH STREET, 7510 NORTHWEST 1ST AVENUE, AND 7522 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de Ia Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item PZ.12 was deferred to the May 11, 2023, City Commission Meeting. City of Miami Page 75 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 PZ.13 ORDINANCE First Reading 13732 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R," URBAN CENTER ZONE — RESTRICTED TO "T6-8-O," URBAN CORE ZONE — OPEN, OF THE PROPERTY GENERALLY LOCATED AT 131 NORTHWEST 75TH STREET, 134 NORTHWEST 76TH STREET, 120 NORTHWEST 76TH STREET, 139 NORTHWEST 75TH STREET, 7521 NORTHWEST 1ST COURT, 7531 NORTHWEST 1ST COURT, 115 NORTHWEST 75TH STREET, 7510 NORTHWEST 1ST AVENUE, AND 7522 NORTHWEST 1ST AVENUE , MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item PZ.13 was deferred to the May 11, 2023, City Commission Meeting. City of Miami Page 76 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 PZ.14 13764 Office of Zoning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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-23-029 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 2500 NORTHWEST 20 STREET, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING THE ZONING ADMINISTRATOR'S REVOCATION OF THE CERTIFICATE OF USE NO. 051780 FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Defer RESULT: DEFERRED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item PZ.14 was deferred to the May 11, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.14, please see "Order of the Day." City of Miami Page 77 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 PZ.15 ORDINANCE First Reading 13775 Commissioners and Mayor - PZ AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 3, TITLED "BUILDING FUNCTION: USES", AND ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS", TO ALLOW EDUCATIONAL USES BY RIGHT IN T6 TRANSECT ZONE IN CERTAIN CIRCUMSTANCES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION TO: Continue RESULT: CONTINUED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Note for the Record: Item PZ.15 was continued to the May 25, 2023, City Commission Meeting. Note for the Record: For minutes referencing Item Number PZ.15, please see "Order of the Day." END OF PLANNING AND ZONING ITEM(S) City of Miami Page 78 Printed or/ 06/06/2023 City Commission Meeting Minutes April 27, 2023 NA.1 13924 City Commission NA - NON -AGENDA ITEM(S) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING HOUSE BILL ("HB") 1475 AND SENATE BILL ("SB") 1676 AND ANY SIMILAR LEGISLATION THAT WILL IMPOSE SAFEGUARDS ON HEMP PRODUCTS THROUGHOUT THE STATE OF FLORIDA; URGING GOVERNOR RON DESANTIS AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT SAID LEGISLATION; DIRECTING THE CITY MANAGER TO INCLUDE SUPPORT TO SB 1676 AND HB 1475 TO THE CITY OF MIAMI'S 2023 LEGISLATIVE PRIORITIES; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICIALS NAMED HEREIN. ENACTMENT NUMBER: R-23-0208 MOTION TO: Adopt RESULT: ADOPTED MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: King, Diaz de la Portilla, Covo, Reyes ABSENT: Carollo Chair King: Are there any pocket items that we need to address? Commissioner Reyes: Yes, I have one. Commissioner Diaz de la Portilla: There's -- I believe, Madam Chairwoman, D4 (District 4) has a pocket item. Chair King: Pocket item. Commissioner Diaz de la Portilla: I may have one in the afternoon that we 're working on -- Chair King: Okay. Commissioner Diaz de la Portilla: -- right now. Chair King: So, Todd, do you need this? Todd B. Hannon (City Clerk): If I could -- I'll -- we'll simply read the title into the record so that the public is aware. When we get to the public comment period, then they'll be able to -- Chair King: Victoria, can you read this into the record, please, as Pocket Item 1? Victoria Mendez (City Attorney): Is this the HB 1475 item? Chair King: Yes. The Resolution was read by title into the public record by the City Attorney. City of Miami Page 79 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 Chair King: Do I have a motion to accept this pocket item? Commissioner Diaz de la Portilla: I'll move it. Ms. Mendez: Is there a -- Mr. Hannon: Chair. Ms. Mendez: -- pocket comment? Chair King: Yes. Mr. Hannon: Yes, my apologies. Would you prefer to go to the public comment period next? And then after the public comment period -- Chair King: I'm just adding it into -- Mr. Hannon: Oh, you can do that through unanimous consent. No motion necessary. Commissioner Diaz de la Portilla: Yeah, there 's no motion needed, yeah. Chair King: Okay, okay. [Later... Chair King: And we have a pocket item. Commissioner Reyes: Yes, and if I may explain it. There is a law going on -- or proposal in Tallahassee trying to -- Commissioner Diaz de la Portilla: Why do you look at me with Tallahassee? Tallahassee's not popular these days. Commissioner Reyes: Because you are part Tallahassee, man. You spent most of your life in Tallahassee. Commissioner Diaz de la Portilla: You go more to Tallahassee than I do. Commissioner Reyes: Now. Before, I used to go visit you. Commissioner Diaz de la Portilla: I left it for a reason. Commissioner Reyes: I went there to visit you, remember? Commissioner Diaz de la Portilla: Yes, sir. Commissioner Reyes: And we had a good time. Commissioner Diaz de la Portilla: And we still do, and we still do. Commissioner Reyes: Okay. And -- no, but there is a -- there is a law that's been proposed which will limit the distribution of certain gummies that they are tainted with -- I mean, some of them are -- they even include what is called artificial -- I mean, what do you call it, TC whatever, you see. And it has created a lot of problems. You have -- if you watch the news, you can -- I mean, there are a lot of reports of children that have been poisoned and they have been overdosed with these gummies City of Miami Page 80 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 that they have been expend -- I mean, that they have been sold at smoke shops that will limit what the smoke shops could sell, you see. That those articles that they are dangerous or they will create, I would say, instead of euphoria or high, and particularly, the gummies, which are very dangerous because any children can get ahold of them and they can get -- overdose with it and some -- and there have been some death also. So, that law, what we are saying -- what we're doing is we're just supporting. It's just supporting that law because I believe it's of the utmost importance that we protect our children from any of those drugs because they are hidden, but those camouflage drugs that they could get their hand on it. Commissioner Diaz de la Portilla: What we call the hemp loophole. Commissioner Reyes: That's right, the hemp loophole. Commissioner Diaz de la Portilla: Yeah, yeah. Commissioner Reyes: Yes, you 're absolutely right. Thank you, sir. Commissioner Diaz de la Portilla: I will move that. Commissioner Reyes: Okay, I'll second it. Chair King: All in favor? The Commission (Collectively): Aye. Chair King: Motion carries unanimously. Commissioner Diaz de la Portilla: We're going home, right? Chair King: No, we're not. Commissioner Diaz de la Portilla: Not yet? Why not? Chair King: We have two CRA (Community Redevelopment Agency) meetings. Commissioner Diaz de la Portilla: Oh. Chair King: But this -- Commissioner Diaz de la Portilla: I have one, I think, right? But we're going home from the City of Miami Commission meeting, right? Chair King: Yes. Commissioner Diaz de la Portilla: Alright. Commissioner Reyes: I move all the items on both. Chair King: This concludes the April 27th, 2023 City of Miami Commission meeting. Thank you, everyone. Commissioner Reyes: Okay. ADJOURNMENT City of Miami Page 81 Printed on 06/06/2023 City Commission Meeting Minutes April 27, 2023 The meeting adjourned 11:26 a.m. City of Miami Page 82 Printed on 06/06/2023