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City Commission

Regular Meeting

Coral Gables, FL · January 28, 2015

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Minutes

City of Coral Gables 405 Biltmore Way Coral Gables, FL 33134 www.coralgables.com Meeting Minutes Wednesday, January 28, 2015 9:00 AM City Hall, Commission Chambers City Commission Mayor Jim Cason Vice Mayor William H. Kerdyk, Jr. Commissioner Patricia Keon Commissioner Vince Lago Commissioner Frank C. Quesada Cathy Swanson-Rivenbark, City Manager Craig E. Leen, City Attorney Walter J. Foeman, City Clerk City Commission Meeting Minutes January 28, 2015 ROLL CALL Present: 5 - Mayor Cason, Commissioner Keon, Vice Mayor Kerdyk Jr., Commissioner Lago and Commissioner Quesada INVOCATION Rev. Jose E. Hernandez, Doctor of Ministries of Miami-Dade County gave the Invocation. PLEDGE OF ALLEGIANCE Commissioner Keon led the Pledge of Allegiance. LEGISLATIVE SUMMARY The following minutes summary includes all presentations made, and actions taken which information is supplemented by the following exhibits on file in the Office of the City Clerk, and which are by reference made a part of the record herein: (a) Resolution(s) adopted (Resolution No. 2015-06 through Resolution No. 2015-17); (b) Video; (c) Audio Recording; (d) Minutes Folder with Agenda and background information, including items which were submitted at the meeting. A. PRESENTATIONS AND PROCLAMATIONS None City Clerk Item No. 1 City of Coral Gables Page 1 City Commission Meeting Minutes January 28, 2015 B. APPROVAL OF MINUTES B.-1. 15-3654 Regular City Commission Meeting of November 18, 2014. Attachments: Meeting Minutes Verbatim Transcript - Agenda Item I-2 - Status regarding proposed forfeiture ordinance Verbatim Transcript - Agenda Items E-2 and E-3 are related - Change of Zoning and Conditional Verbatim Transcript - Agenda Items E-4 and E-5 and E-9 - Change of Land Use-Change of Zonin Verbatim Transcript - Agenda Items E-6-E-7 and E-10 - Zoning Code Amendment-City Code Ame Verbatim Transcript - Agenda Item D-1 Verbatim Transcript - Agenda Item E-1 - Appeal by Quality Structures Inc Verbatim Transcript - Agenda Item E-8 - Ordinance related to Hopkins-Cooper Scholarship Comm Verbatim Transcript - Agenda Item E-11 - Appeal of Tree Permits for 1011 and 1015 Lisbon Stree Verbatim Transcript - Agenda Item F-1 - Discussion regarding the Parks and Rec Youth Advisory Verbatim Transcript - Agenda Item F-3 - Update from special counsel regarding school choice Verbatim Transcript - Agenda Item F-4 - Discussion regarding implementation of tree measures b Verbatim Transcript - Agenda Item F-5 - Discussion regarding implementation and interpretation o Verbatim Transcript - Agenda Item H-1 - Reso approving artist for public art work on Segovia at C Verbatim Transcript - Agenda Item H-2 - Discussion regarding the status of Coral Gables Bicycle Verbatim Transcript - Agenda Item H-3 - Reso Chief Procurement Officer contract with Cooper Ro Verbatim Transcript - Agenda Item I-1 - Report regarding appellate rule change related to non-fin A motion was made by Vice Mayor Kerdyk, Jr., seconded by Commissioner Lago, that this matter be approved. The motion passed by the following vote. Yeas : 5- Commissioner Keon, Vice Mayor Kerdyk, Jr., Commissioner Lago, Commissioner Quesada and Mayor Cason City Clerk Item No. 2 City of Coral Gables Page 2 City Commission Meeting Minutes January 28, 2015 C. CONSENT AGENDA All items listed within this section entitled "Consent Agenda" are considered to be self-explanatory and are not expected to require additional review or discussion, unless a member of the City Commission or a citizen so requests, in which case, the item will be removed from the Consent Agenda and considered along with the regular order of business. Hearing no objections to the items listed under the "Consent Agenda", a vote on the adoption of the Consent Agenda will be taken. Passed the Consent Agenda A motion was made by Vice Mayor Kerdyk, Jr., seconded by Commissioner Lago, to Adopt the Consent Agenda. The motion carried by the following vote: Yeas : 5- Vice Mayor Kerdyk, Jr., Commissioner Lago, Commissioner Quesada, Commissioner Keon and Mayor Cason RESOLUTION NO. 2015-06 C.-1. 15-3635 A Resolution authorizing entering into a second amendment to amended and restated agreement with Actors’ Playhouse Productions, Inc., with regard to city-owned property located at 280 Miracle Mile, Coral Gables, Florida. Attachments: 2nd Amendment Excerpt Minutes Resolution - 1.28.15 (Actors 2nd Amendment ) C-1 Signed Cover Memo A RESOLUTION AUTHORIZING ENTERING INTO A SECOND AMENDMENT TO AMENDED AND RESTATED AGREEMENT WITH ACTORS’ PLAYHOUSE PRODUCTIONS, INC., WITH REGARD TO CITY OWNED PROPERTY LOCATED AT 280 MIRACLE MILE, CORAL GABLES, FLORIDA. This Matter was adopted by Resolution Number 2015-06 on the Consent Agenda. City Clerk Item No. 3 City of Coral Gables Page 3 City Commission Meeting Minutes January 28, 2015 RESOLUTION NO. 2015-07 C.-2. 15-3636 A Resolution appointing David Smith (Nominated By Mayor Cason) to serve as a member of the Emergency Management Division, for the remainder of a two (2) year term, which began on June 1, 2013 and continues through May 31, 2015. Attachments: David Smith Resume C-2 Signed Cover Memo C-2 Resolution A RESOLUTION APPOINTING DAVID SMITH (NOMINATED BY MAYOR CASON) TO SERVE AS A MEMBER OF THE EMERGENCY MANAGEMENT DIVISION, FOR THE REMAINDER OF A TWO (2) YEAR TERM, WHICH BEGAN ON JUNE 1, 2013 AND CONTINUES THROUGH MAY 31, 2015. This Matter was adopted by Resolution Number 2015-07 on the Consent Agenda. City Clerk Item No. 4 RESOLUTION NO. 2015-08 C.-3. 15-3639 A Resolution authorizing Coral Gables Museum to sell alcoholic beverages from 7:00 p.m. to 10:00 p.m., at the Coral Gables Museum Plaza located at 285 Aragon Avenue on Thursday, February 26, 2015, during the 3rd Annual "ARTOPIA" event, subject to Florida Department of Professional Regulation requirements. Attachments: Artopia Special Event Application C-3 Signed Cover Memo C-3 Resolution A RESOLUTION AUTHORIZING CORAL GABLES MUSEUM TO SELL ALCOHOLIC BEVERAGES FROM 7:00 P.M. TO 10:00 P.M. AT THE CORAL GABLES MUSEUM PLAZA, LOCATED AT 285 ARAGON AVENUE ON THURSDAY, FEBRUARY 26, 2015, DURING THE 3RD ANNUAL “ARTOPIA” EVENT, SUBJECT TO FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION REQUIREMENTS. This Matter was adopted by Resolution Number 2015-08 on the Consent Agenda. City Clerk Item No. 5 City of Coral Gables Page 4 City Commission Meeting Minutes January 28, 2015 RESOLUTION NO. 2015-09 C.-4. 15-3640 A Resolution authorizing Saint George Antiochian Orthodox Cathedral to sell alcoholic beverages as part of the "Annual Cathedral Festival" on 320 Palermo Avenue on Saturday, February 14, 2015 from 11:00 a.m. to 12:00 a.m. and on Sunday, February 15, 2015 from 12:00 p.m. to 8:00 p.m., subject to Florida Department of Professional Regulation requirements. Attachments: St. George Special Event Application C-4 Signed Cover Memo C-4 Resolution RESOLUTION AUTHORIZING SAINT GEORGE ANTIOCHIAN ORTHODOX CATHEDRAL TO SELL ALCOHOLIC BEVERAGES AS PART OF THE “ANNUAL CATHEDRAL FESTIVAL,” LOCATED AT 320 PALERMO AVENUE ON SATURDAY, FEBRUARY 14, 2015, FROM 11:00 A.M. TO 12:00 A.M. AND ON SUNDAY, FEBRUARY 15, 2015, FROM 12:00 P.M. TO 8:00 P.M., SUBJECT TO FLORIDA DEPARTMENT OF PROFESSIONA L REGULATION REQUIREMENTS. This Matter was adopted by Resolution Number 2015-09 on the Consent Agenda. City Clerk Item No. 6 Presentation of Boards and/or Committees minutes requesting no action from the City Commission: a. 15-3627 Landscape Beautification Advisory Board Meeting of November 6, 2014 Attachments: Minutes LBAB 11-6-14-signed 12815-Cover Memo CC Minutes110614-R This Matter was approved on the Consent Agenda. City Clerk Item No. 7 b. 15-3628 Landscape Beautification Advisory Board Meeting of December 4, 2014 Attachments: Minutes BC 12-4-14-signed 12815-Cover Memo CC Minutes120414-R This Matter was approved on the Consent Agenda. City Clerk Item No. 8 c. 15-3631 Economic Development Board Meeting of December 3, 2014 Attachments: EDB Minutes 12-03-14 EDB. 1.28.15 Commission cover This Matter was approved on the Consent Agenda. City Clerk Item No. 9 City of Coral Gables Page 5 City Commission Meeting Minutes January 28, 2015 d. 15-3637 Library Advisory Board Meeting of December 10, 2014 Attachments: 12815-Cover Memo CC Minutes121014 Library Minutes 12-10-14 This Matter was approved on the Consent Agenda. City Clerk Item No. 10 g. 15-3645 Historic Preservation Board Meeting of December 11, 2014 Attachments: HPB Minutes - December 11 2014 HPB.12.11.14MinutesforCC01.28.15 This Matter was approved on the Consent Agenda. City Clerk Item No. 11 f. 15-3644 Coral Gables Merrick House Governing Board Meeting of December 8, 2014 Attachments: Merrick House Minutes December 8 2014-1 12.08.14MinutesforCC01.28.15 This Matter was approved on the Consent Agenda. City Clerk Item No. 12 e. 15-3642 Traffic Advisory Board Meeting of November 18, 2014 Attachments: 11-18-14 MINUTES TAB 11-18-14 minutes COVER This Matter was approved on the Consent Agenda. City Clerk Item No. 13 D. PERSONAL APPEARANCES None City Clerk Item No. 14 City of Coral Gables Page 6 City Commission Meeting Minutes January 28, 2015 E. PUBLIC HEARINGS ORDINANCES ON FIRST READING ORDINANCE NO. 2015-03 E.-1. 15-3634 An Ordinance amending Chapter 50 of the “Code of The City of Coral Gables,” entitled “Pensions,” amending Section 50-230, Normal Retirement Income; and providing for repealer provision, severability clause, codification, and providing for an effective date . (This Ordinance does not modify pension benefits. It only serves to clarify the existing language to make it consistent with Florida Statutes, City Attorney interpretation, and current practices.) (Passed on First Reading January 28, 2015). Attachments: City Attorney code interpretation of COLA 10-25-2013 Ltr from Div of Retirement re Pension COLA 3 21 13 CG Pension Ord COLA clarification 1 27 15 E-1 Signed Cover Memo 1-28-15 City Attorney code interpretation of COLA 10-25-2013 Ltr from Div of Retirement re Pension COLA 3 21 13 CG Cover Memo for Pension COLA clarification 2 4 15 (2) CG Cover Memo for Pension COLA clarification 2 4 15 (2) CG Pension Ord COLA clarification 2 4 15 CG Pension Ord COLA clarification 2 4 15 E-1 Signed Cover Memo 2-10-15 [Note for the Record: The verbatim transcript for Agenda Item E-1 is available for public inspection in the Office of the City Clerk and in Legistar]. A motion was made by Commissioner Keon, seconded by Commissioner Lago, that this matter be approved as an Ordinance on First Reading. The motion passed by the following vote. Yeas : 5- Commissioner Lago, Commissioner Quesada, Commissioner Keon, Vice Mayor Kerdyk, Jr. and Mayor Cason City Clerk Item No. 15 Anyone who wishes to address the City Commission on an item to be considered for public hearing must fill out a Speaker Card and turn it in to the City Clerk. Speaker Cards can be obtained on the credenza located outside the Office of the Mayor, during the day of the City Commission Meeting. City of Coral Gables Page 7 City Commission Meeting Minutes January 28, 2015 F. CITY COMMISSION ITEMS Non 15-3800 Update on the underline project. Agenda A RESOLUTION OF THE CITY COMMISSION INSTRUCTING THE CITY’S LOBBYIST, NAMELY FAUSTO GOMEZ, TO LOBBY ON BEHALF OF THE CITY OF CORAL GABLES IN TALLAHASEE IN FURTHERANCE OF THE “UNDERLINE PROJECT” (I.E. AN INITIATIVE TO TRANSFORM TEN MILES OF UNDERUTILIZED LAND BELOW METRORAIL, FROM THE MIAMI RIVER TO DADELAND SOUTH INTO A LINEAR PARK AND URBAN TRAIL). [Note for the Record: The verbatim transcript for this Agenda Item is available for public inspection in the Office of the City Clerk and in Legistar]. This was Discussed and Filed City Clerk Item No. 16 RESOLUTION NO. 2015-10 F.-1. 15-3651 Discussion regarding Biltmore golf membership fees. Commissioner Pat Keon [Note for the Record: The verbatim transcript for Agenda Item F-1 is available for public inspection in the Office of the City Clerk and in Legistar]. A motion was made by Commissioner Keon, seconded by Commissioner Lago, that this matter be adopted by Resolution Number 2015-10. The motion passed by the following vote. Yeas : 5- Commissioner Quesada, Commissioner Keon, Vice Mayor Kerdyk, Jr., Commissioner Lago and Mayor Cason City Clerk Item No. 17 F.-2. 15-3653 Update on the crosswalk from Riviera Drive to Ingraham Park, as well as the pedestrian crossings around Cartagena Circle, with added focus on the location of bus stops. Commissioner Pat Keon [Note for the Record: The verbatim transcript for Agenda Item F-2 is available for public inspection in the Office of the City Clerk and in Legistar]. This Agenda Item was Discussed and Filed City Clerk Item No. 20 City of Coral Gables Page 8 City Commission Meeting Minutes January 28, 2015 RESOLUTION NO. 2015-13 F.-3. 15-3655 Discussion regarding traffic flow in Downtown Coral Gables. Vice Mayor Kerdyk [Note for the Record: The verbatim transcript for Agenda Item F-3 is available for public inspection in the Office of the City Clerk and in Legistar]. A motion was made by Commissioner Quesada, seconded by Vice Mayor Kerdyk, Jr., that this matter be adopted by Resolution Number 2015-13. The motion passed by the following vote. Yeas : 5- Commissioner Lago, Commissioner Quesada, Commissioner Keon, Vice Mayor Kerdyk, Jr. and Mayor Cason City Clerk Item No. 21 RESOLUTION NO. 2015-11 Non 15-3801 A Resolution changing the City Commission meeting dates for Tuesday, February 24, Agenda 2015 beginning 9 a.m. to Tuesday, February 24, 2015 beginning noon and Tuesday, March 24th, 2015 beginning 9 a.m. to Wednesday, March 25, 2015 beginning 9 a.m. A RESOLUTION PURSUANT TO SECTION 2-26 OF THE CITY CODE, ENTITLED "REGULAR MEETINGS, SPECIAL MEETINGS," CHANGING THE CITY COMMISSION MEETING DATES AND/OR TIMES FOR THE MONTHS OF FEBRUARY AND MARCH, AS FOLLOWS: FROM TUESDAY, FEBRUARY 24, 2015 BEGINNING 9:00 A.M., TO TUESDAY, FEBRUARY 24, 2015 BEGINNING NOON AND TUESDAY, MARCH 24, 2015 BEGINNING 9:00 A.M., TO WEDNESDAY, MARCH 25, 2015 BEGINNING 9:00 A.M. A motion was made by Vice Mayor Kerdyk, Jr., seconded by Commissioner Lago, that this matter be adopted by Resolution Number 2015-11. The motion passed by the following vote. Yeas : 5- Commissioner Keon, Vice Mayor Kerdyk, Jr., Commissioner Lago, Commissioner Quesada and Mayor Cason City Clerk Item No. 18 G. BOARDS/COMMITTEES ITEMS None City Clerk Item No. 22 City of Coral Gables Page 9 City Commission Meeting Minutes January 28, 2015 H. CITY MANAGER ITEMS RESOLUTION NO. 2015-12 H.-1. 15-3632 A Resolution accepting the recommendation of the Chief Procurement Officer for the purchase and installation of a P-25 Phase II Linear Simulcast Trunked Digital Radio System from Communications International (CI) under its contract with Hillsborough County Sherriff’s Office, pursuant to Section 2-978, Use Of Other Governmental Unit Contracts ("piggyback") of the Procurement Code. Attachments: Consultant's Report CI's Proposal Piggyback Contract Police Dept. Memo Draft Reso - Radio Contract H-1 Signed Cover Memo A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CHIEF PROCUREMENT OFFICER FOR THE PURCHASE AND INSTALLATION OF A P-25 PHASE II LINEAR SIMULCAST TRUNKED DIGITAL RADIO SYSTEM FROM COMMUNICATIONS INTERNATIONAL (CI) UNDER THEIR CONTRACT WITH HILLSBOROUGH COUNTY, FLORIDA, PURSUANT TO SECTION 2-978, USE OF OTHER GOVERNMENTAL UNIT CONTRACTS ("PIGGYBACK") OF THE PROCUREMENT CODE. [Note for the Record: The verbatim transcript for Agenda Item H-1 is available for public inspection in the Office of the City Clerk and in Legistar]. A motion was made by Commissioner Quesada, seconded by Vice Mayor Kerdyk, Jr., that this matter be adopted by Resolution Number 2015-12. The motion passed by the following vote. Yeas : 5- Vice Mayor Kerdyk, Jr., Commissioner Lago, Commissioner Quesada, Commissioner Keon and Mayor Cason City Clerk Item No. 19 Time Certain: 11 o'clock H.-2. 15-3643 Update on police initiatives. Attachments: H-2 Signed Cover Memo Coral Gables Police Zones Maps [Note for the Record: The verbatim transcript for Agenda Item H-2 is available for public inspection in the Office of the City Clerk and in Legistar]. This Agenda Item wasDiscussed and Filed City Clerk Item No. 27 City of Coral Gables Page 10 City Commission Meeting Minutes January 28, 2015 I. CITY ATTORNEY ITEMS None City Clerk Item No. 28 J. CITY CLERK ITEMS None City Clerk Item No. 29 K. DISCUSSION ITEMS Mayor Cason: Alright, we are going to be resuming our regular Commission Meeting. We were in recess for lunch and we’ll start with Discussion Items, starting with Commissioner Keon, do you have anything? Commissioner Keon: Yes, is Craig coming back? I wanted to talk a little bit about the school issues that we are involved in, but I wanted Craig to be here, so maybe we can move on until Craig comes back. Vice Mayor Kerdyk: I had one. Do you want me to go ahead with my issue? Mayor Cason: Go ahead. Vice Mayor Kerdyk: I talked to the City Manager about this issue and there is a program I’ve always thought about doing. Its one that’s basically modeled after something Alex Penelas did in the County where he took the Beacon Council, actually it was Frank Nero, and one of the Commissioners or himself would go and meet with the top corporations, in our case our 140 multi-national corporations headquarters, you know on a periodic basis. So the Mayor would go just with one person, not make it a huge issue or anything like that. You would go and Leonard Roberts would set up a meeting, you would go with him or I would go with him, or Commissioner Lago would go with him or Commissioner Keon, just so we have an outreach to those people that are so important for our community, because there is a lot of competition out there. Let me tell you, there is getting more and more competition with Brickell, we go through it all the time, Blue Lagoon, this and that, I think it’s a program that we should try to see if it works, and see if there is any - just sit down talk with them. Again, no offense to the Chamber, Mark no offense, but just the City Commission make it not very personal and see how as a City we can make their life easier in our City of Coral Gables Page 11 City Commission Meeting Minutes January 28, 2015 community. Mayor Cason: Well, I’ve been doing that for the first two years, I went around to see lots and lots of those international corporations. How’s the City treating you?- anything more we should do?- what are your concerns?- so its worth… Commissioner Lago: Just for you to get an idea of something I’ve been working on, it hasn’t come to fruition yet. I was working with Mark Trowbridge and Bill Minor in the City and now the City Manager will get involved. It was basically to sit down with as many entities as possible and talk about or have a symposium in regards to the permitting process, in regards to how to get a business license?- or how to deal with the City Clerk?- how to deal with the City Attorney?- how can the City help you streamline the process?- and we are hopefully within the next month or two have some sort of date once we clear that with the Manager to have some sort of date in reference to - a little bit more of a schedule and an agenda. I’m going to present it to the Commission and you guys give your input, tweak whatever you want to do, change it around, maybe add certain things. We should have something within the next month and we’ll discuss it. Mayor Cason: We need to have signs in there too. Commissioner Lago: That’s one of the things we are going to discuss, how to get a sign? I’ve put together when I first got into office a simple signage brochure, which gives examples of different types of signs and hopefully it’s going to cut red tape. I know that Bill Minor was very instrumental in putting it together. It’s up there, I’m not sure if its handed to new businesses that come into the City or companies that already exist and they are going to put forth signage effort, but it already exists because we put it together. I’m with you on that. I think it’s very good. Vice Mayor Kerdyk: I spoke with Leonard about it, he’s excited, so maybe we can ask Leonard just to establish a couple of meetings and see how it works for a month or two, and see if you can’t make it because you go to so many things, I can try or others. I think we should move it around as much as possible, so that everybody has an opportunity to go visit a multi-national. One I did visit was Kraft and Kraft was very interested, they liked the concept of possibly someday having a symposium with other multi-national corporation headquarters. Talk about issues that we can define the agenda, but any way…. City of Coral Gables Page 12 City Commission Meeting Minutes January 28, 2015 Commissioner Lago: I’m with you. I support you on that. I think it’s a very good idea. Mayor Cason: I have one item. A couple of residents have come to ask me about dog parks, particularly if there are places in the City where dogs could possibly with their owners being there, run loose. I think there is one in Coconut Grove. I think we have some dog parks, but they are not fenced. Commissioner Keon: [Inaudible - off mic] Mayor Cason:…Or leashed - but I don’t know if there are any spot in the Gables that would be possibly for a run loose with the owners there, but if you could check it out and I can get back to the constituent. Commissioner Keon:…there is a dog park that is fenced…there is a dog park down by….a county park, but they have to be on leashes. Mayor Cason: Leashes - that’s what I thought. Commissioner Keon: We don’t have any that are like dog runs. Mayor Cason: Maybe there is nowhere that would be suitable, we don’t necessarily want to go fencing our parks in. You want to pick up with your issue now that the City Attorney is here. City Attorney Leen: I apologize. I was at a meeting, I thought it started at 1 (pm), forgive me. Commissioner Keon: That’s OK. Mayor Cason: Commissioner Keon… Commissioner Lago: Cut Frank some slack. He was at the Chamber presenting on behalf of the City trying to draw multi-national companies into the City. Commissioner Keon: We have another one besides the real estate one - yes - good for you. You are a good spokesperson for our City. Commissioner Quesada: I try to sell the City. City of Coral Gables Page 13 City Commission Meeting Minutes January 28, 2015 Commissioner Keon: And you do a great job. Commissioner Lago: The Mayor said 45 minutes; you said no, I’ll be here in 30 minutes. [Laughter] Commissioner Quesada: I was optimistic. I thought that everyone was outside, get people in the room and…. City Attorney Leen: It was on a couple of matters, but one I just wanted to report to you. You remember the, of course you remember the item about the houses in MacFarlane that will be having a loan, where the City is going to be supporting rebuilding them. Anyhow, the item is going to be coming before the Commission next month or so and we are just working with the County Attorney and with Commissioner Suarez. The County has to make a slight change to their ordinance and so we are going to do ours first and then they are going to do theirs, so I was just working that out, but I’m happy to report that we are moving on it and I know Dona Spain has put a lot of time into that. Commissioner Keon: Good. I wanted to talk a little bit about as a follow-up to the ABC meeting, to our Town Hall meeting, the first meeting was last night at Carver Elementary. I thought the turnout was reasonable, I think we had maybe 50 parents there. I was a little surprised when Dr. Paine spoke that they are not going to propose any boundaries for the schools. They did seem to recognize that maybe school choice was no longer the best program for this; they recognize the problem for parents that they don’t know until about six weeks before school starts where their child is going to be assigned to schools. So I think they recognize that, but I was surprised that they were not going to draw any boundary maps, and whatever the map or whatever is presented to the ABC has to be in by February 11th, has to be in by February 11th, which is not very far from now, so parents asked if they could just give them a map and it wasn’t made clear who was going to make this decision or who was going to make this proposal one way or the other. So I have a sense that since we are the ones that went to the School System and asked on behalf of our residents to have this issue looked at, that they possibly anticipate that we would be the ones that would propose boundaries, which I’m a little disappointed that that would be the way it would go, because in order to do it and do it properly you really need - you need to have their City of Coral Gables Page 14 City Commission Meeting Minutes January 28, 2015 software available to us, you have to have their database available to us, you have to have a whole array of information that we don’t have, that only the School System has, and I think we have asked in our public records request for access to that information and access to that data and we haven’t gotten a response on it, and what we are looking for is only a couple of weeks away that we are supposed to be presenting something, and if we don’t present it then we missed a deadline and nothing is going to happen. And I think it was our intension to work with the School System in good faith and I would hope to believe that was their position too, but I don’t see after last night’s meeting unless the meeting tonight at Sunset and then the one tomorrow night that is at Gables, unless something changes dramatically over the next few days, I don’t see how we are going to do that, and I think we need to maybe give some thought to if this doesn’t happen what do we do? Mayor Cason: They said they wouldn’t - they definitely would not propose boundaries or was it only after the first meeting… City Attorney Leen: Just a supplement. I spoke with Dr. Paine and with the Assistant School Board Attorney after the meeting and Abby Corbit who is our outside counsel spoke before the meeting, they changed their position. I think it’s clear. Originally, they had said that they would propose the boundaries; at this meeting for the first time we learned that they want the City to propose the boundaries and they’ll help us, they said, that they’ll help us, they’ll make their system available. I asked Abby to work in putting together some boundaries, she is going to be coordinating with Carmen, who has been tasked by the Manager’s office, with heading this up, and they told us that - I haven’t had a chance to tell you that, so I’m sorry, it was late, but they will make their system available to us to propose the lines. Now the Manager’s office and you need to decide is that something we want to do, but I would think that if we don’t come forward with a proposal, even if it’s rough, my feeling is that they will not proceed this year. Mayor Cason: But if we came and said alright, let’s start off with City boundaries? Commissioner Keon: Well they had told us repeatedly, that’s the other issue, they have told us repeatedly that the school districts do not respect municipal boundaries, which is an issue for us, so they kind of set up all their parameters, but they are not moving forward to really talk to us about how they are going to do it or what they are going to do in proposing something, so we can look at it and have a discussion with our community, with our residential community to say, you know how do we feel about City of Coral Gables Page 15 City Commission Meeting Minutes January 28, 2015 this?- or talk about it at all. I still feel this is a very, very important issue for our City in talking to the University of Miami, they had told us that in hiring staff at the university, including professors that people that like to live in the City because they are in close proximity to the university and university life and they get here and realize that there is a real issue with where their children are going to go to school, and they never anticipated when they move here, they assume most places you go to school in your neighborhood or there may be some magnets that you could apply to, but you also have schools in your neighborhood that you could go to, and they’ve said - it becomes an issue, because when they hire staff and they hire professors and all of a sudden they have a child or two children and they realize that in order to go to a higher quality school, they can’t get into a neighborhood school, it’s a $20,000 a year check that they were not prepared to write, and so they come back to renegotiate with the university what their salaries are different compensation to offset the cost of having - so they said that’s a real problem for the university. We know and the Manager can talk to that issue with regard to the City and the economic development within the City when corporations move here. One of the great pleasures of being here is that you can live and work within the same city. Most people, particularly coming out of the northeast, commuting is a huge issue, that’s maybe one of the real benefits to locating here in the Gables is that your commuting time is so reduced when you live and work in the same city, and I know that the Manager has - we’ve had that conversation about the effect it has on the City and moving businesses here, and then where do they put their children in school and then find out that in addition to all of the other costs and whatever, have to pay tuition too, and this is not - the tuition for first grade ranges in the Catholic schools that are subsidized $6-$7,000 a year to those private schools that are not subsidized by a church or whatever else that are $20,000 a year for first grade, that is a lot of money to send a child to first grade. So, I think we need to talk about what else, what other things are we prepared to do? I feel strongly enough about this that either I’d like to at least begin to think about if we do need to look toward a municipal charter school in order to serve, to have enough elementary schools seats to serve the residents of our City, in addition to the public schools that you have. One, I don’t believe we have enough seats in the public schools that serve the boundaries that we were looking at. There are 300 and some-odd, there is about 400 seats at Coral Gables, there is another 300 and some-odd seats at Carver, and there is only, I think 132 seats that are - the homeschool seats at Sunset, so, we have maybe at best I don’t even think we have 1,000 seats, and I know that we have far more children within the boundaries that we are talking about that they gave us for that, that we actually have seats. They don’t want to have a discussion about West Lab unless we are willing to buy seats at West Lab. City of Coral Gables Page 16 City Commission Meeting Minutes January 28, 2015 Vice Mayor Kerdyk: [Inaudible] Commissioner Keon: Yes - and the ones - I don’t think we have enough elementary school seats in our City allocated to our residential population. We have heard from the school system that they can provide high quality schools; they don’t have to be in your neighborhood that they go, because the magnets, they can apply to the magnets. What we are hearing from so many parents is that with - when I was young and had young children I stayed home, that isn’t the case anymore, it’s not. They are dual income households that is just the way that society is going and what’s happening, and they need schools that are parent-friendly, that are on their way to work, on their way home from work, within their neighborhoods, and they can carpool. That’s what works for people today and that’s the conversation we keep trying to have with the school system and I don’t know how we are really progressing with that conversation. Based on the meeting last night, I wasn’t as comfortable that we were moving in the direction that I’d hoped we would move. Mayor Cason: Was Ms. Regalado there? Commissioner Keon: No, she wasn’t. No, she was not there. So, I mean I think that either we need to maybe - also as we are going through this, also begin to look at the potential for a municipal charter, an elementary school, or I would ask our attorney to look at all of the issues around this and do we have some legal standing here that we or a position that we might need to take in order to actually have allocated the number of seats within a reasonable distance of our City for our children to go to school in. It’s very strange to me. There is like a cutoff in the boundary between about Blue Road and Alhambra over to, I mean on Alhambra over to almost to Bird Road that’s kind of there is a bite that goes to David Fairchild, that isn’t even part of the discussion. So it’s strange to me that it’s only just certain areas of our City that this is really problematic for and I don’t have the feeling that there is the level of resolve to find a solution that really works for us. Mayor Cason: To start the conversation, if we draw a line, even if it’s the boundaries of the City that will force them to… Commissioner Keon: To respond. Mayor Cason:…to come back. If they don’t respond then we know they are not City of Coral Gables Page 17 City Commission Meeting Minutes January 28, 2015 serious. Commissioner Keon: Right. Mayor Cason: But we can draw it the way we want it and even if they don’t like - because it happens to be the City’s boundaries, and then say come back. You draw a little farther out then. Commissioner Keon: I would like - one of the things that Craig has said is, we have an attorney as an outside attorney also, John Berkowski, who is recognized as a national expert on - maybe you would like to speak to him, speak to his… City Attorney Leen: Mr. Berkowski - you know we have Abby Corbit who has helped me in the past and she is a very good attorney. When I have an issue that I need to send out, I use Stearns Weaver and Abby to assist with that. She is not an education lawyer, but she is a very good one, so we’ve been using her and she’s been very effective. But this seems to be getting into an area where maybe there needed to be a certain level of expertise and so I reached out to an attorney in Washington D.C., who gave us a discounted rate, it’s still higher than normal, but he’s going to have limited hours on this, but with the hours he is going to give her is going to be quality ones and they are going to help us. The reason I asked him to help us is because he was the legal advisor to the School Board in responding to the desegregation order, and Walter Harvey is the School Board attorney who ultimately will give the School Board an opinion as to what we are doing, trusts him and likes him. He’s also a friend of mine, Walter Harvey, and trusts me too, and he knows what we are trying to do here, but this is somebody that’s actually worked with the School Board, it is known to them. He is also a leading attorney, educational area throughout the United States. So what I was proposing to do from the legal side was one, send a request to John and to Carmen and to Abby. Abby is already putting together a proposed map. Obviously, there is a legal component to it, but there is a policy component as well. So she would work with Carmen in that and we would try to get Carmen or John access to the School Board computers, which they’ve offered yesterday to give to us. I did want to add one thing to what you said. The School Board said at the meeting, Dr. Paine that once we come up with these lines then they would have another meeting, and they said that the only reason really for this meeting, the one yesterday, was to see if the public wanted to draw lines. Happy to say that the meeting was pretty favorable to our position, there were a couple of people that didn’t agree, but mostly everyone agreed. So I think the School Board saw at some point they are going to have to City of Coral Gables Page 18 City Commission Meeting Minutes January 28, 2015 suggest lines, so Dr. Paine told us that he would give us access. It is very strange though, in my opinion that they are no longer proposing to draw the lines themselves, which I view as their duty, according to what I read about the ABC Committee. So that brings me to the second thing - one thing we could consider; there are two types of causes of action, which I’m not recommending at this point, but just an answer to the question. There is something called “mandamus” if we find that the School Board is not complying with their legal duties, we could seek a “mandamus” and have a court order them to do so. I have a feeling we are going to reach that stage, because I’m sure we would work it out with the School Board. I mean ultimately, they need to do this, it’s their legal duty and they are going to be answerable to the School Board and the ABC Committee. The second one is, we could bring a public records lawsuit because they’ve not adequately responded to our public records request. That may be where we go, and ultimately they have to respond to a public records request. I was going to send them a demand letter, if it’s OK with the Commission, asking them to respond; and then the third thing was, we have looked at whether we have a cause of action related to the School Board, residents do, individual residents who have children in the school district have a - would have a cause of action probably. We could assist them or bring it on their behalf with an agreement. In terms of bringing it on our own, the only way I could see it is if they act arbitrary and capriciously and we can establish standing, which we are looking at. We have agreed with the School Board in hiring John Berkowski that he cannot assist us though in any litigation, because there was a conflict - we had to do a conflict waiver. Mayor Cason: Is he going to help us draw a line based on some knowledge that he has already? How are we going to know? City Attorney Leen: What he would do is - the lines actually - when you look at the map there is one here, one here, and one here, but the issue is that the School Board admitted this, let me just add a little bit. As a legal matter, they cannot consider race alone in drawing school lines, because there is no desegregation order anymore, that would be called reverse discrimination, its illegal, they can’t do it. What they can do and what they do, and what they do do, and what they should do is they look at about eight different diversity factors in drawing the school line, and what John Berkowski has told me is, these factors include things like, they include race, ethnicity, they include a national origin, they include whether English is as a second language, they include children with disabilities, they include socioeconomic status, they include male and female, you know gender, so they look at all of these together and that’s what their software does, it shows you demographically where that is so that when you draw the City of Coral Gables Page 19 City Commission Meeting Minutes January 28, 2015 lines you can draw in a population that will be diverse. If we just draw the lines without their software, they’ll have a good argument probably that we haven’t considered those things. Mayor Cason: But would we be able with the software to draw some lines as a starting point for discussion and then they have to come back and say, why not? City Attorney Leen: Yes. Yes. Mayor Cason: That’s an advantage in a sense. City Attorney Leen: Now John has told me that even though he - he just sent me an e-mail today, that even though he is on good terms with the school district and in fact has been their counsel that they have not responded to him either, so - Cathy do you have anything to say, because it’s a complicated - our staff has been top notch on this. We have been asking them - we said this at the meeting, we would do anything they ask us to do, I want you to know that, we’ve been very clear that we are trying - we have a very positive purpose here, we are trying to help our residents, our staff - we have a team and we are not getting much cooperation from the School Board, although it’s not negative either, they are just not - they are sort of… Mayor Cason: They don’t want to make a decision, they want to avoid problems. Commissioner Lago: But in regards to this matter, not other matters, but in regards to this matter I think other individuals especially the residents haven’t gotten much of an answer from the School Board either. That’s what Sam, one of the individuals who has mentioned before at the previous meeting, so we are not the only ones in this boat. Commissioner Quesada: But the ultimate decision is the Board itself, which they haven’t discussed it. Right now we are dealing with the ABC and we are dealing with staff, the ultimate decision is the elected officials, are they not? Commissioner Keon: Right - but the elected officials interestingly - I mean we know that when we try to set up meeting with the School System where one of their School Board Members wanted to be present, the meetings were cancelled by the administration because the administration doesn’t want the elected officials at any meetings dealing with administrative matters. So that’s not a system that we work under, we tend to be involved and present and our Manager, which is the equivalent to City of Coral Gables Page 20 City Commission Meeting Minutes January 28, 2015 their Superintendent, works with us to do these things. What we have found is that - they were trying to set up the meetings and when that happened the meetings were cancelled by the administration. So you know - I don’t really know the answer and I wouldn’t want to speak for them. I don’t know why. I don’t know why. Mayor Cason: Keep trying to get them to answer, we can make a record that we are pushing and they are not answering. Commissioner Keon: OK. But we need to then, we really need to really quickly move forward with lines to be submitted because it has to be submitted by February 11th, and we are going to need some assistance to do that. We are going to need access to their software so they have to respond to their outside counsel, which they haven’t done, so if we have to file something with regard to public records request, we need to do that. We really need to begin to look at if this isn’t going to happen we need to look at a municipal charter. Commissioner Quesada: Agreed. City Attorney Leen: I need a chance to consult with the Manager because we haven’t had a chance to talk about this, but what I was planning to do, assuming it’s OK with everyone, was at the very least one more time try to get - to work in a cooperative style. I was going to put a request into the School Board Attorney, copying John, copying Carmen, copying Dr. Paine, saying that Dr. Paine said that we could have access would you please grant Carmen access to - and John Berkowski, access to the computer so that they can help put together this map, and then also I was going to remind them about the outstanding public records request, could they please respond, it has been pending for a couple of months. So, I thought I would try one more time to do something in a very cooperative nature, because they have not come against our proposal either, they still seem open to it. Honestly, if they don’t respond positively within a few days, we are going to have to face a choice because we do have the February 11th deadline. Commissioner Lago: Craig, I don’t expect you to have an answer to my question, but isn’t there a standard allotted time for a response, especially when it’s a public records request? City Attorney Leen: A reasonable time, but a reasonable is usually, for the type of records we request it would be a couple of weeks. At least they need to respond and City of Coral Gables Page 21 City Commission Meeting Minutes January 28, 2015 tell us, it’s going to take a long time, how much money it will cost and how much time…they’ve done neither of those things. Commissioner Lago: This is a question that should be maybe posed to Walter, should we pose to Walter or should I pose to you, what is the City’s standard? City Attorney Leen: The Clerk is ultimately responsible for the records; my office because a lot of public records request have a legal component, because we have to review for exemptions, handles the request, in cooperation with the Clerk’s office and the Manager’s office, because often staff has the record, so our response time is very quick. If we get a public records request we try to respond to the actual request within a couple of days. Now if we had the record immediately available we would provide it on the spot. If there are exemptions and it’s going to be timely, we’ll give them at the very least an estimate of the amount of money it would cost, to give them the option to determine whether they want to limit the request; and let me tell you when we’ve gotten complaints we respond to them immediately, because in Coral Gables if they complain they will come immediately to the Commission and the Commission will immediately tell me let’s get this moving, so we are into customer service. Commissioner Keon: Do you feel you have enough direction now from the Commission as to where you will go? City Attorney Leen: Yes. Commissioner Keon: Cathy? Yes? City Manager Swanson-Rivenbark: Just wanted to reiterate. The opportunity for us to draw lines, I think that we should take advantage of that. I think that there may be some policy issues, for example, grandfather in children that are currently in those schools and their siblings. I think if we create a reasonable scenario it’s going to be better received than them forced to draw lines that we may or may not want the answer to. The other is, I’d be really interested in throwing in West Lab as a part of those lines for that discussion, because of only 18 percent of the students being from Coral Gables on a 200-some waiting list… Commissioner Lago: So I could just interject just to get the numbers right - the waiting list is almost 500 students and the actual waiting list, which pertains to Coral Gables residents is 275, so even if we are talking about 22 additional class or secondary class, City of Coral Gables Page 22 City Commission Meeting Minutes January 28, 2015 pretty absorbent cost to the City, we are not even coming to, let’s say we are meeting maybe 10 percent of the demand. City Manager Swanson-Rivenbark: Excellent point - thank you for clarifying the numbers, but even if one of the objectives was moving that 18 percent to 40 percent, that’s a major accomplishment, and so if we put that together with it, the Chair Diversity, you have always spoken about wanting a diversity in the school population. We’ve never done it before, but let us work on a reasonable scenario that you all and your community can consider. Commissioner Keon: I also think included in those boundaries, I think the boundary that we are talking about goes along Eighth Street all the way over to Douglas, doesn’t it?- so it takes in Little Gables and everything else, which is not specifically ours, its unincorporated Dade, but it does - it certainly allows for diversity in income throughout our City and we are also capturing MacFarlane and Golden Gate, which provides for racial diversity within our City too, so these will likely be diverse. That continues to be an issue, but if you look at Palmetto Elementary and Palmetto Middle, and Palmetto Senior High, which are - because geographically where they sit it’s a pretty homogenous group of people just by - and although they tell us, they are not concerned with neighborhoods, because its countywide, you can see just because of just for geographic reasons schools are neighborhoods, and if we are looking for additional seats where are we going to go? We can’t be expected to jump across two cities or something to find a school that’s under-enrolled that we will take our children to. I think that the school system does not recognize municipal lines in drawing boundaries, they don’t, but they still would hope that they would look at compact areas, whether there are municipal lines or not, and I’ve said no more than in voting districts that’s what you look for. I would think that you would look for there could be similarities in how you draw communities of interests to attend schools too. Mayor Cason: I think there is a definite advantage for us to draw the line the way we would like it to be based on access of the database and experts and draw it in and let them come back and say, why not? Commissioner Keon: OK. So we would like by the 28th, so we really only have just less than two weeks, so we would like to have them drawn and come back for us to take a look at them, either at a Sunshine Meeting or some sort of a meeting that we can look at those lines before we submit them. City of Coral Gables Page 23 City Commission Meeting Minutes January 28, 2015 City Manager Swanson-Rivenbark: We have the emails and the addresses of those that had attended the meetings too, we can give you all and look at it and circulate it, but your people made it really clear that all of the schools are good schools, they needed access and predictability. Commissioner Keon: Yes. City Manager Swanson-Rivenbark: And so in drawing those lines as a draft at least we can work towards that. Commissioner Keon: Yes. My real concern is when you look at Sunset, they’ve chosen to grow the magnet at Sunset because it is so popular, there are 1,100 kids at Sunset Elementary, there are 132 of those are seats for the neighborhood, you know, so how do we put all those kids?- but once we draw lines they have to accommodate where those kids are going to go to school. I guess you deal with it. I don’t know, but that will be up to them to respond. Commissioner Quesada: I had a resident ask me a unique question, just want to float it out there, see if it’s even a possibility. Can a subset of Coral Gables, can a certain neighbo City Clerk Item No. 30 RESOLUTION NO. 2015-14 Non 15-3802 A Resolution appoitning Dorothy Norton (nominated by Commissioner Keon) to serve as Agenda a member of the City of Coral Gables Health Facilities Authority. for the remainder of a four (4) year term, which began on June 1, 2013 and continues through May 31, 2017. A RESOLUTION APPOINTING DOROTHY NORTON (NOMINATED BY COMMISSIONER KEON) TO SERVE AS A MEMBER OF THE CITY OF CORAL GABLES HEALTH FACILITIES AUTHORITY, FOR THE REMAINDER OF A FOUR (4) YEAR TERM, WHICH BEGAN ON JUNE 1, 2013 AND CONTINUES THROUGH MAY 31, 2017. A motion was made by Commissioner Keon, seconded by Vice Mayor Kerdyk, Jr., that this matter be adopted by Resolution Number 2015-14. The motion passed by the following vote. Yeas : 5- Commissioner Quesada, Commissioner Keon, Vice Mayor Kerdyk, Jr., Commissioner Lago and Mayor Cason City Clerk Item No. 23 City of Coral Gables Page 24 City Commission Meeting Minutes January 28, 2015 RESOLUTION NO. 2015-15 Non 15-3803 A Resolution appointing Joyce Stevens to the Emergency Management Division Agenda (nominated by Commissioner Keon), for the remainder of a two year term, which began on June 1, 2013 and continues through May 31, 2015; further extending the appointment period from June 1, 2015 through May 31, 2017 to coincide with the remainder of the appointing Commissioner's term in office. A RESOLUTION APPOINTING JOYCE STEVENS TO THE EMERGENCY MANAGEMENT DIVISION (NOMINATED BY COMMISSIONER KEON), FOR THE REMAINDER OF A TWO (2) YEAR TERM, WHICH BEGAN ON JUNE 1, 2013 AND CONTINUES THROUGH MAY 31, 2015; FURTHER EXTENDING THE APPOINTMENT PERIOD FROM JUNE 1, 2015 THROUGH MAY 31, 2017 TO COINCIDE WITH THE REMAINDER OF THE APPOINTING COMMISSIONER’S TERM IN OFFICE. A motion was made by Commissioner Keon, seconded by Vice Mayor Kerdyk, Jr., that this matter be adopted by Resolution Number 2015-15. The motion passed by the following vote. Yeas : 5- Commissioner Keon, Vice Mayor Kerdyk, Jr., Commissioner Lago, Commissioner Quesada and Mayor Cason City Clerk Item No. 24 RESOLUTION NO. 2015-16 Non 15-3804 A Resolution appointing and approving a four-fifths waiver for Melinda Colson to the Agenda Emergency Management Division (nominated by Commissioner Keon) for the remainder a two year term, which began on June 1, 2013 and continues through May 31, 2015; further extending the appointment period from June 1, 2015 through May 31, 2017 to coincide with the remainder of the appointing Commissioner's term in office. A RESOLUTION APPOINTING AND APPROVING A FOUR-FIFTHS (4/5THS) WAIVER FOR MELINDA COLSON TO THE EMERGENCY MANAGEMENT DIVISION (NOMINATED BY COMMISSIONER KEON), FOR THE REMAINDER OF A TWO (2) YEAR TERM, WHICH BEGAN ON JUNE 1, 2013 AND CONTINUES THROUGH MAY 31, 2015; FURTHER EXTENDING THE APPOINTMENT PERIOD FROM JUNE 1, 2015 THROUGH MAY 31, 2017 TO COINCIDE WITH THE REMAINDER OF THE APPOINTING COMMISSIONER’S TERM IN OFFICE. A motion was made by Commissioner Keon, seconded by Vice Mayor Kerdyk, Jr., that this matter be adopted by Resolution Number 2015-16. The motion passed by the following vote. Yeas : 5- Vice Mayor Kerdyk, Jr., Commissioner Lago, Commissioner Quesada, Commissioner Keon and Mayor Cason City Clerk Item No. 25 City of Coral Gables Page 25 City Commission Meeting Minutes January 28, 2015 RESOLUTION NO. 2015-17 Non 15-3805 A Resolution appointing Bonita (Nita) Norman to the Library Advisory Board (nominated Agenda by Commissioner Keon), for the remainder of a two year term, which began on June 1, 2013 and continues through May 31, 2015; further extending the appointment period from June 1, 2015 through May 31, 2017, to coincide with the remainder of the appointing Commissioner's term in office. A RESOLUTION APPOINTING BONITA (NITA) NORMAN TO THE LIBRARY ADVISORY BOARD (NOMINATED BY COMMISSIONER KEON), FOR THE REMAINDER OF A TWO (2) YEAR TERM, WHICH BEGAN ON JUNE 1, 2013 AND CONTINUES THROUGH MAY 31, 2015; FURTHER EXTENDING THE APPOINTMENT PERIOD FROM JUNE 1, 2015 THROUGH MAY 31, 2017, TO COINCIDE WITH THE REMAINDER OF THE APPOINTING COMMISSIONER’S TERM IN OFFICE. A motion was made by Commissioner Keon, seconded by Vice Mayor Kerdyk, Jr., that this matter be adopted by Resolution Number 2015-17. The motion passed by the following vote. Yeas : 5- Commissioner Lago, Commissioner Quesada, Commissioner Keon, Vice Mayor Kerdyk, Jr. and Mayor Cason City Clerk Item No. 26 City of Coral Gables Page 26 City Commission Meeting Minutes January 28, 2015 L. EXECUTIVE SESSION l.-1. 15-3648 Attorney-Client executive session, closed to the public pursuant to section 286.011(8) of the Florida Statutes, for purposes of discussing settlement negotiations and strategy relating to litigation expenditures in the matter pending in the Eleventh Judicial Circuit entitled Alhambra Center International, LTD v. City of Coral Gables, Case No. 14-347-AP (Fla. 11th Jud. Cir., Appellate Div.). This session may be attended by the following individuals: Mayor Jim Cason, Commissioner Patricia Keon, Vice Mayor William H. Kerdyk, Commissioner Vince Lago, Commissioner Frank C. Quesada, City Manager Cathy Swanson-Rivenbark, City Attorney Craig Leen, Deputy City Attorney Bridgette Thornton, Assistant City Attorney Yaneris Figueroa, Special Counsel Heather Encinosa, and Special Counsel Jolinda Herring. A certified Court Reporter will be present to ensure that the session is fully transcribed, and the transcripts will be made available to the public upon the conclusion of the above-stated litigation. At the conclusion of the Attorney-Client session, the City Commission meeting will be reopened and the person chairing the Commission meeting will announce the termination of the Attorney -Client session. ADJOURNMENT [Note for the Record: There being no further business on the Regular City Commission Meeting Agenda. The Commission of the City of Coral Gables adjourned its meeting at 1:58 pm on January 28, 2015. The next regular meeting of the City Commission has been scheduled for February 10, 2015, beginning 9 a.m.] JIM CASON MAYOR ATTEST: WALTER J. FOEMAN CITY CLERK City of Coral Gables Page 27

Agenda

City of Coral Gables 405 Biltmore Way Coral Gables, FL 33134 www.coralgables.com Agenda Wednesday, January 28, 2015 9:00 AM City Hall, Commission Chambers City Commission Mayor Jim Cason Vice Mayor William H. Kerdyk, Jr. Commissioner Patricia Keon Commissioner Vince Lago Commissioner Frank C. Quesada Cathy Swanson-Rivenbark, City Manager Craig E. Leen, City Attorney Walter J. Foeman, City Clerk City Commission Agenda January 28, 2015 INVOCATION Rev. Jose E. Hernandez Doctor of Ministries, Miami-Dade County PLEDGE OF ALLEGIANCE A. PRESENTATIONS AND PROCLAMATIONS None B. APPROVAL OF MINUTES B.-1. 15-3654 Regular City Commission Meeting of November 18, 2014. C. CONSENT AGENDA All items listed within this section entitled "Consent Agenda" are considered to be self-explanatory and are not expected to require additional review or discussion, unless a member of the City Commission or a citizen so requests, in which case, the item will be removed from the Consent Agenda and considered along with the regular order of business. Hearing no objections to the items listed under the "Consent Agenda", a vote on the adoption of the Consent Agenda will be taken. C.-1. 15-3635 A Resolution authorizing entering into a second amendment to amended and restated agreement with Actors’ Playhouse Productions, Inc., with regard to city-owned property located at 280 Miracle Mile, Coral Gables, Florida. C.-2. 15-3636 A Resolution appointing David Smith (Nominated By Mayor Cason) to serve as a member of the Emergency Management Division, for the remainder of a two (2) year term, which began on June 1, 2013 and continues through May 31, 2015. C.-3. 15-3639 A Resolution authorizing Coral Gables Museum to sell alcoholic beverages from 7:00 p.m. to 10:00 p.m., at the Coral Gables Museum Plaza located at 285 Aragon Avenue on Thursday, February 26, 2015, during the 3rd Annual "ARTOPIA" event, subject to Florida Department of Professional Regulation requirements. C.-4. 15-3640 A Resolution authorizing Saint George Antiochian Orthodox Cathedral to sell alcoholic beverages as part of the "Annual Cathedral Festival" on 320 Palermo Avenue on Saturday, February 14, 2015 from 11:00 a.m. to 12:00 a.m. and on Sunday, February 15, 2015 from 12:00 p.m. to 8:00 p.m., subject to Florida Department of Professional Regulation requirements. City of Coral Gables Page 2 Printed on 1/23/2015 City Commission Agenda January 28, 2015 Presentation of Boards and/or Committees minutes requesting no action from the City Commission: a. 15-3627 Landscape Beautification Advisory Board Meeting of November 6, 2014 b. 15-3628 Landscape Beautification Advisory Board Meeting of December 4, 2014 c. 15-3631 Economic Development Board Meeting of December 3, 2014 d. 15-3637 Library Advisory Board Meeting of December 10, 2014 e. 15-3642 Traffic Advisory Board Meeting of November 18, 2014 f. 15-3644 Coral Gables Merrick House Governing Board Meeting of December 8, 2014 g. 15-3645 Historic Preservation Board Meeting of December 11, 2014 D. PERSONAL APPEARANCES None E. PUBLIC HEARINGS All Individuals desiring to give testimony shall be sworn in. Anyone who wishes to address the City Commission on an item to be considered for public hearing must fill out a Speaker Card and turn it in to the City Clerk. Speaker Cards can be obtained on the credenza located outside the Office of the Mayor, during the day of the City Commission Meeting. ORDINANCES ON FIRST READING E.-1. 15-3634 An Ordinance amending Chapter 50 of the “Code of the City of Coral Gables,” entitled “Pensions,” amending Section 50-230, Normal Retirement Income; and providing for repealer, codification, and effective date. (This Ordinance does not modify pension benefits. It only serves to clarify the existing language to make it consistent with Florida Statutes, City Attorney interpretation, and current practices). City of Coral Gables Page 3 Printed on 1/23/2015 City Commission Agenda January 28, 2015 F. CITY COMMISSION ITEMS F.-1. 15-3651 Discussion regarding Biltmore golf membership fees. Commissioner Pat Keon F.-2. 15-3653 Update on the crosswalk from Riviera Drive to Ingraham Park, as well as the pedestrian crossings around Cartagena Circle, with added focus on the location of bus stops. Commissioner Pat Keon F.-3. 15-3655 Discussion regarding traffic flow in Downtown Coral Gables. Vice Mayor Kerdyk G. BOARDS/COMMITTEES ITEMS None H. CITY MANAGER ITEMS H.-1. 15-3632 A Resolution accepting the recommendation of the Chief Procurement Officer for the purchase and installation of a P-25 Phase II Linear Simulcast Trunked Digital Radio System from Communications International (CI) under its contract with Hillsborough County Sherriff’s Office, pursuant to Section 2-978, Use Of Other Governmental Unit Contracts ("piggyback") of the Procurement Code. Time Certain: 11 o'clock H.-2. 15-3643 Update on police initiatives. I. CITY ATTORNEY ITEMS None J. CITY CLERK ITEMS None K. DISCUSSION ITEMS This time is for informal discussion among the City Commissioners, the City Manager and the City Attorney City of Coral Gables Page 4 Printed on 1/23/2015 City Commission Agenda January 28, 2015 L. EXECUTIVE SESSION l.-1. 15-3648 Attorney-Client executive session, closed to the public pursuant to section 286.011(8) of the Florida Statutes, for purposes of discussing settlement negotiations and strategy relating to litigation expenditures in the matter pending in the Eleventh Judicial Circuit entitled Alhambra Center International, LTD v. City of Coral Gables, Case No . 14-347-AP (Fla. 11th Jud. Cir., Appellate Div.). This session may be attended by the following individuals: Mayor Jim Cason, Commissioner Patricia Keon, Vice Mayor William H. Kerdyk, Commissioner Vince Lago, Commissioner Frank C. Quesada, City Manager Cathy Swanson-Rivenbark, City Attorney Craig Leen, Deputy City Attorney Bridgette Thornton, Assistant City Attorney Yaneris Figueroa, Special Counsel Heather Encinosa, and Special Counsel Jolinda Herring. A certified Court Reporter will be present to ensure that the session is fully transcribed, and the transcripts will be made available to the public upon the conclusion of the above -stated litigation. At the conclusion of the Attorney-Client session, the City Commission meeting will be reopened and the person chairing the Commission meeting will announce the termination of the Attorney-Client session. ADJOURNMENT NOTE Any person who acts as a lobbyist pursuant to the City of Coral Gables Ordinance No. 2006-11, must register with the City Clerk, prior to engaging in lobbying activities before city staff, boards, committees and/or the City Commission. A copy of the Ordinance is available in the Office of the City Clerk, City Hall. Any person, or persons, wishing to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, will require a verbatim record of the proceeding upon which the appeal is based. Interested persons should, therefore, take the necessary steps to ensure that a verbatim record of the proceedings is made which contains the testimony and evidence upon which the appeal is based. Any person making impertinent or slanderous remarks or who become boisterous while addressing the Commission, shall be barred from further audience before the Commission by the Chair, unless permission to continue or again address the Commission is granted by the majority vote of the Commission Members present. Clapping, applauding, heckling or verbal outbursts or any remarks in support or opposition to a speaker shall be prohibited. Signs or placards shall not be permitted in Commission Chambers. Any person requiring special accommodations for participation in the meeting should contact Glenn Kephart, Public Works Director, at 305-460-5001, with requests for auxiliary aids or services at least one business day before the meeting. Walter J. Foeman City Clerk City of Coral Gables Page 5 Printed on 1/23/2015

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