City Commission

City of Coral Gables 405 Biltmore Way Coral Gables, FL 33134 www.coralgables.com Agenda Tuesday, August 27, 2019 9:00 AM Agenda has been revised to add item I-6. City Hall, Commission Chambers City Commission Mayor Raul J. Valdes-Fauli Vice Mayor Vince Lago Commissioner Jorge L. Fors, Jr. Commissioner Patricia Keon Commissioner Michael Mena Peter J. Iglesias, P.E., City Manager Miriam Soler Ramos, City Attorney Billy Y. Urquia, City Clerk City Commission Agenda August 27, 2019 Pre-meeting presentations will be held in the City Hall Courtyard at 8:30 am. (Agenda Items A-1 through A-3) INVOCATION Fr. Michael Sahdev, St. Philip's Episcopal Church. PLEDGE OF ALLEGIANCE A. PRESENTATIONS AND PROTOCOL DOCUMENTS A.-1. 19-8986 Presentation of a Resolution of Condolence to the Courtney Thompson Family. A.-2. 19-8883 Presentation of thirty-year service pin to Officer Jose Flores, Police Department. A.-3. 19-8998 Congratulations to Officer Orlando Mateu, recipient of the City of Coral Gables “Officer of the Month Award,” for the month of June 2019. A.-4. 19-8989 Congratulations to Assistant City Attorney Gustavo J. Ceballos who achieved board certification by the Florida Bar in City, County and Local Government Law. B. APPROVAL OF MINUTES B.-1. 19-8957 Regular City Commission Meeting of July 9, 2019. B.-2. 19-8958 Budget Workhop of July 9, 2019. C. MAYOR'S COMMENTS C.-1. 19-9042 Fink Studio restoration update. C.-2. 19-9046 A discussion regarding underground power and utility lines. C.-3. 19-9116 Caroling Competition. City of Coral Gables Page 2 Printed on 8/23/2019 2:55 PM City Commission Agenda August 27, 2019 D. 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. D.-1. 19-8951 A Resolution authorizing an expenditure in the amount of $ 6,500 from encumbered State Forfeited Asset Fund (F.A.F.) monies, to support the 2018/2019 Fiscal Year operations of the Police Explorer Post #594 program, conducted by the Coral Gables Police Department Youth Resource Unit. D.-2. 19-8952 A Resolution authorizing an expenditure in the amount of $ 28,000 from Federal Forfeited Asset Fund (F.A.F.) monies for law enforcement equipment; the acquisition of tactical medic program equipment for utilization by the Coral Gables Police Department. D.-3. 19-8953 A Resolution authorizing an expenditure in the amount of $ 32,000 from Federal Forfeited Asset Fund (F.A.F.) monies for law enforcement equipment; the retrofit of the Sky Watch for utilization by the Coral Gables Police Department. D.-4. 19-8955 A Resolution authorizing an expenditure in the amount of $ 55,000 from Federal Forfeited Asset Fund (F.A.F.) monies for law enforcement equipment; the acquisition of additional BolaWrap equipment for utilization by the Coral Gables Police Department. D.-5. 19-8954 A Resolution authorizing an expenditure in the amount of $ 75,000 from Federal Forfeited Asset Fund (F.A.F.) monies for law enforcement operations and equipment; the initiation of the Mounted Patrol program by the Coral Gables Police Department. D.-6. 19-8956 A Resolution appointing Jeremy Susac (Nominated by Commissioner Fors, Jr.) to serve as a member of the Emergency Management Division, for a two (2) year term which began on June 1, 2019 and continues through May 31, 2021. D.-7. 19-8983 A Resolution appointing Samantha Simpson (Nominated by City Manager Iglesias) to serve as a member of the Parks and Recreation Youth Advisory Board, for a two (2) year term which began on June 1, 2019 and continues through May 31, 2021. D.-8. 19-8996 A Resolution appointing Edward W. English, Sr. (Nominated by Commissioner Fors, Jr .) to serve as a member of the Senior Citizens Advisory Board, for a two (2) year term which began on June 1, 2019 and continues through May 31, 2021. D.-9. 19-8992 A Resolution confirming John Fullerton (Board-As-A-Whole-Appointment) to serve as a member of the Historic Preservation Board for the remainder of a two (2) year term, which began on June 1, 2019 and continues through May 31, 2021. City of Coral Gables Page 3 Printed on 8/23/2019 2:55 PM City Commission Agenda August 27, 2019 D.-10. 19-8982 A Resolution of the City Commission confirming the appointment of Pete Chircut (Nominated by City Manager Iglesias), to serve on the Coral Gables Retirement Board - General Employees, for a two (2) year term, which began on June 1, 2019 and continues through May 31, 2021. D.-11. 19-9053 A Resolution appointing John Swain (Nominated by Commission-As-A-Whole) to serve as a member of the Waterway Advisory Board, for a two (2) year term which began on June 1, 2019 and continues through May 31, 2021. D.-12. 19-8994 A Resolution approving the IT Department to repurchase GIS Enterprise License Agreement (ELA) from ESRI, the existing vendor of GIS applications, services, and support for Coral Gables. D.-13. 19-9082 A Resolution appointing Deborah Swain (Nominated by Commissioner Mena) to serve as a member of the Transportation Advisory Board, for a two (2) year term which began on June 1, 2019 and continues through May 31, 2021. D.-14. 19-8974 A Resolution accepting a recommendation to waive the competitive process of the Procurement Code for the purchase of three (3) LifePak15 Cardiac Monitors from Stryker (Physio Control) as a “Sole Source Procurement”, pursuant to Section 2-689 of the City’s Procurement Code. D.-15. 19-9017 A Resolution accepting a recommendation of the City Manager to waive the competitive process of the Procurement Code for the purchase of a Wastewater Pump for City 3 Pump Station from Xylem Water Solutions USA, Inc. as a “Sole Source Procurement”, pursuant to Section 2-689 of the City’s Procurement Code. D.-16. 19-9019 A Resolution accepting a recommendation of the City Manager to waive the competitive process of the Procurement Code for the purchase of a Wastewater Pumps for Pump Station E from Barney’s Pumps Inc. as a “Sole Source Procurement”, pursuant to Section 2-689 of the City’s Procurement Code. D.-17. 19-9001 A Resolution renewing the Parking Lease Agreement with the University of Miami for Municipal Parking Lots 42 and 43 for an additional twelve (12) months beginning September 1, 2019, and ending August 31, 2020, at the rate of $72,650.06 annually, payable in equal monthly installments. City of Coral Gables Page 4 Printed on 8/23/2019 2:55 PM City Commission Agenda August 27, 2019 1. Presentation of Boards and/or Committees minutes requesting no action from the City Commission: 1.-1. 19-8944 Advisory Board on Disability Affairs Meeting of June 5, 2019. 1.-2. 19-8919 Arts Advisory Panel Meeting of May 29, 2019. 1.-3. 19-9012 Arts Advisory Panel Meeting of June 26, 2019. 1.-4. 19-9004 Code Enforcement Board Meeting of July 17, 2019. 1.-5. 19-9083 Construction Regulation Board Meeting of August 12, 2019. 1.-6. 19-8967 Coral Gables Merrick House Governing Board Meeting of May 13, 2019. 1.-7. 19-9002 Cultural Development Board Meeting of June 4, 2019. 1.-8. 19-8946 Historic Preservation Board Meeting of May 15, 2019. 1.-9. 19-9022 Insurance and Risk Management Advisory Board Meeting of June 18, 2019. 1.-10. 19-8927 International Affairs Coordinating Council and Economic Development Board Joint Meeting of June 12, 2019. 1.-11 19-8975 International Affairs Coordinating Council Meeting of June 18, 2019. 1.-12. 19-8976 Property Advisory Board Meeting of May 23, 2019. 1.-13. 19-8921 School and Community Relations Committee Meeting of June 14, 2019. 1.-14. 19-9000 Sustainability Advisory Board Meeting of June 26, 2019. 1.-15. 19-9015 Transportation Advisory Board Meeting of April 16, 2019. 1.-16. 19-9018 Transportation Advisory Board Meeting of May 21, 2019. City of Coral Gables Page 5 Printed on 8/23/2019 2:55 PM City Commission Agenda August 27, 2019 2. Presentation of Boards and/or Committees draft/final minutes requesting action from the City Commission [Note: A vote to accept the minutes does not mean approval of the substance within the minutes]: 2.-1. 19-9010 A Resolution authorizing Ad Valorem tax relief for the property located at 414 Alhambra Circle, a contributing resource within the “Alhambra Circle Historic District,” legally described as Lots 8 and 9, Block 6, Coral Gables Section “B,” according to the plat thereof, as recorded in Plat Book 5, at Page 111 of the Public Records of Miami-Dade County, Florida. The cost of improvements is estimated at $ 852,244 which would correspond approximately to $4,737.42 per year and $47,376.24 over ten years. (Historic Preservation Board Vote: 9-0) 2.-2. 19-8995 A Resolution approving funding of $250,000 from the Art Acquisition Fund for a temporary public art exhibition by Rafael Barrios and for the permanent acquisition of the artwork “Pause.” (unanimously recommended by the Cultural Development Board approval /denial vote: 5 to 0). 2.-3. 19-9023 Presentation of excerpt minutes from the Insurance and Risk Management Advisory Board Meeting of June 18, 2019 requesting that the City look into an RFP or RFQ for Property and Casualty Insurance. (Insurance and Risk Management Advisory Board Vote: 5-0) E. PERSONAL APPEARANCES None City of Coral Gables Page 6 Printed on 8/23/2019 2:55 PM City Commission Agenda August 27, 2019 F. PUBLIC HEARINGS All Individuals desiring to give testimony shall be sworn in. Presentations made to the City Commission are subject to the City’s False Claims Ordinance, Ch. 39 of the City of Coral Gables Code. 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 Commissioner Keon and Commissioner Fors, during the day of the City Commission Meeting. ORDINANCES ON SECOND READING Time Certain 2:00pm (Agenda Item F-1) F.-1. 19-8602 An Ordinance of the City Commission of Coral Gables, Florida amending the City of Coral Gables and University of Miami Development Agreement, adopted by Ordinance No . 2010-31 on September 28, 2010, pursuant to Zoning Code Article 3, Division 20, entitled “Development Agreements,” for the University of Miami, City of Coral Gables Campus, amending Article 17, “Bank United Center” to allow for the sale of alcoholic beverages; providing for repealer provision, severability clause, codification, and providing for an effective date. (UM Development Agreement - Amendment) (06 12 19 PZB recommended approval, Vote 7-0) F.-2. 19-8834 An Ordinance of the City of Coral Gables, Florida amending the City of Coral Gables Code Chapter 6, “Alcoholic Beverages,” Section 6-4, "Administrative Review by City Manager with approval by City Commission for retail beverage and retail liquor store licenses issued to non-restaurant facilities,” providing exception for large permanent seat event spaces, or venue facilities; providing for repealer provision, severability clause, codification, and providing for an effective date. F.-3. 19-8933 An Ordinance of the City of Coral Gables, Florida, amending the “Cocoplum Phase I” Security Guard District, as created by Miami-Dade County pursuant to County Ordinance 95-214, to allow for 24-Hour Security Services, and providing for a repealer provision, severability clause, codification, and providing for an effective date. City of Coral Gables Page 7 Printed on 8/23/2019 2:55 PM City Commission Agenda August 27, 2019 ORDINANCES ON FIRST READING Time Certain 9:30am (Agenda Item F-4) F.-4. 19-8541 An Ordinance of the City Commission of Coral Gables, Florida, amending Section 2 of Ordinance No. 2011-06, to increase the maximum student enrollment from 1,162 to 1,240 students for Gulliver Academy located at 12595 Red Road, Coral Gables, Florida; all other conditions of approval contained in Ordinance No. 2011-06 shall remain in effect; and providing an effective date. (LEGAL DESCRIPTION ON FILE) (07 10 18 PZB recommended approval with conditions, Vote 4-2) (Increase existing Gulliver Academy student enrollment) F.-5. 19-8949 An Ordinance of the City of Coral Gables, Florida, amending Chapter 74 -Traffic and Vehicles, Article IV- Bicycles, Skateboards, Scooters, Shared Mobility Devices, and Other Similar Devices of the City of Coral Gables Code to amend certain definitions and requirements for operation of shared mobility device programs; providing for repealer provision, severability clause, codification, and providing for an effective date. Agenda Items F-6 and F-7 are related. F.-6. 19-8824 An Ordinance of the City Commission of Coral Gables, Florida amending the Future Land Use Map of the City of Coral Gables Comprehensive Plan pursuant to Zoning Code Article 3, “Development Review,” Division 15, “Comprehensive Plan Text and Map Amendments,” and Small Scale amendment procedures (ss. 163.3187, Florida Statutes), from “Religious/Institutional” to “Commercial Low-Rise Intensity” for Lots 5-6, Block 1A, Macfarlane Homestead; (117 and 119 Grand Avenue), Coral Gables, Florida; providing for a repealer provision, severability clause, and providing for an effective date. (LPA review ) (07 10 19 PZB recommened approval, Vote: 6-0) (Change land use from Religious/Institutional to Commercial Low-Rise Intensity) F.-7. 19-8825 An Ordinance of the City Commission of Coral Gables, Florida amending the Zoning Map pursuant to Zoning Code Article 3, “Development Review,” Division 14, “Zoning Code Text and Map Amendments,” from “Special Use” to “Commercial Limited” for Lots 5-6, Block 1A, Macfarlane Homestead; (117 and 119 Grand Avenue), Coral Gables, Florida; providing for a repealer provision, severability clause, and providing for an effective date . (07 10 19 PZB recommended approval, Vote: 6-0) (Change zoning from Special Use to Commercial Limited) F.-8. 19-9027 An Ordinance of the City of Coral Gables, Florida approving the purchase and sale agreement with Granada Presbyterian Church for the purchase of three (3) vacant lots located at the corner of Alava Avenue and Toledo Street, Coral Gables, Florida (Folio Numbers 03-4119-001-5270; 03-4119-001-5280; 03-4119-001-5290) for the purpose of establishing a neighborhood park; providing for repealer provision, severability clause, and providing for an effective date. City of Coral Gables Page 8 Printed on 8/23/2019 2:55 PM City Commission Agenda August 27, 2019 F.-9. 19-8950 An Ordinance of the City Commission of Coral Gables, Florida, approving a third amendment to the purchase and sale agreement related to a land exchange with C/Lejeune, LLC, involving the City’s current Public Safety Building located at 2801 Salzedo Street and the vacant parcel located at 250 Minorca Avenue, that will be improved with a new Public Safety Building and a public mixed use parking garage structure, and involving the parcels located at 290, 272, 250, and 244 Valencia Avenue and at 297 and 247 Almeria Avenue, allowing for the conveyance of the Salzedo parcel to the owners of the Valencia/Almeria parcels. F.-10. 19-9090 An Ordinance of the City Commission of Coral Gables, Florida, providing for text amendments to the City of Coral Gables Official Zoning Code, Article 4, “Zoning Districts,” Section 4-206, “Business Improvement Overlay District (BIOD),” to permit a conditional use for outdoor seating for nonrestaurant facilities fronting Miracle Mile and Giralda Plaza; providing for a repealer provision, severability clause, codification, and providing for an effective date. (Sponsored by Vice Mayor Lago) F.-11. 19-8947 An Ordinance of the City Commission of Coral Gables, Florida, providing for text amendments to the City of Coral Gables Official Zoning Code, Article 4, “Zoning Districts,” Section 4-206, “Business Improvement Overlay District (BIOD),” to permit a conditional use for outdoor seating on private property for nonrestaurant facilities; providing for a repealer provision, severability clause, codification, and providing for an effective date. (Sponsored by Commissioner Fors, Jr.) RESOLUTIONS F.-12. 19-9013 A Resolution of the City Commission of Coral Gables, Florida pursuant to Zoning Code Article 1, "General Provisions,” Section 1-104 "Jurisdiction and applicability," granting Site Plan approval of a city-owned parking garage with office and retail space on the ground floor, known as Parking Garage 7, legally described as lots 8 thru 18, less west 5 feet of lot 8, Block 20, Coral Gables Section “K” (generally located on the south side of Minorca Avenue between Ponce de Leon Blvd. and Salzedo Street) Coral Gables, Florida; providing for a repealer provision, severability clause, and providing for an effective date. F.-13. 19-9084 A Resolution of the City Commission of Coral Gables, Florida approving the filing of an application by RC Acquisitions LLC, pursuant to the Dispute Resolution Agreement between the City and Mundomed S.A. and South High Cliff Corp., to receive transfer of development rights for the proposed mixed use project to be located at 216 Catalonia Avenue, 3000 Ponce de Leon Boulevard, and 203 University Drive. City of Coral Gables Page 9 Printed on 8/23/2019 2:55 PM City Commission Agenda August 27, 2019 G. CITY COMMISSION ITEMS Agenda Items G-1, G-2, J-1 and J-2 are related. (Time Certain 11:15am) G.-1. 19-9066 A discussion regarding next steps relating to polystyrene and plastic bag litigation. (Sponsored by Vice Mayor Lago) G.-2. 19-9067 A Resolution of the City Commission of the City of Coral Gables, Florida, urging the Florida Legislature to repeal Sections 403.708, 403.7033, and 500.90, Florida Statutes and reject any other Statutes that inhibit a local government ’s ability to regulate expanded polystyrene or single-use plastic bags, and requesting the support of Governor Ron DeSantis in those efforts. (Sponsored by Vice Mayor Lago) G.-3. 19-9021 A Resolution of the City Commission of the City of Coral Gables, Florida, in support of S . 2302, “America’s Transportation Infrastructure Act of 2019.” (Sponsored by Vice Mayor Lago) G.-4. 19-9025 A Resolution of the City Commission of Coral Gables, Florida, condemning racist, bigoted, and xenophobic rhetoric. (Sponsored by Commissioner Keon) G.-5. 19-9026 A Resolution of the City Commission of the City of Coral Gables, Florida, strongly urging the City of Miami and Miami-Dade County to adopt legislation prohibiting hourly hotel/motel rentals within the City of Miami and Miami-Dade County. (Sponsored by Commissioner Keon) (Sponsored by Vice Mayor Lago) G.-6. 19-8968 A discussion item on valet services in the Central Business District. (Sponsored by Commissioner Keon) G.-7. 19-9024 A discussion regarding incentives to certain employees receiving a car allowance who chose electric vehicles. (Sponsored by Vice Mayor Lago) Time Certain 11:30am (Agenda Item G-8) G.-8. 19-9081 A discussion on extending the Coral Gables trolley service to include service on weekends. (Sponsored by Vice Mayor Lago) G.-9. 19-9080 A discussion regarding "Little Free Libraries" in Coral Gables. (Sponsored by Vice Mayor Lago). City of Coral Gables Page 10 Printed on 8/23/2019 2:55 PM City Commission Agenda August 27, 2019 H. BOARDS/COMMITTEES ITEMS H.-1. 19-9054 A Resolution granting approval of a residential waiver (by a Four-Fifths Vote of the City Commission) for Michael Gold (Nominated By Commissioner Keon), in accordance with Section 2-52(b)(2) of the City Code, to serve as a member of the Coral Gables Retirement Board - General Employees, for the remainder of a two (2) year term, which began on June 1, 2017 and continues through May 31, 2019. I. CITY MANAGER ITEMS Time Certain 11:00am (Agenda Item I-1) I.-1. 19-8984 Presentation regarding Community Engagement Survey results. I.-2. 19-8999 Update regarding the Memorandum of Understanding between the City of Coral Gables and Miami-Dade County Public Schools for police coverage at local schools. I.-3. 19-8985 A Resolution accepting the recommendation of the Procurement Officer to award RFQ 2019-015 for Civil and Environmental Engineering Services and negotiate a Professional Services Agreement (“Agreement”) with Hazen And Sawyer, 300 Engineering Group, P.A., Tetra Tech, Inc., Milian, Swain & Associates, Inc., Jacobs Engineering Group, Inc., and Nova Consulting, Inc., the six (6) highest ranked responsive-responsible proposers, pursuant to Florida Statute 287.055, known as the “consultants competitive negotiation act”. I.-4. 19-8997 A Resolution ratifying the acceptance and execution of grant funds in the amount of $648,843.00 allocated to the Coral Gables Police Department as part of the State of Florida Enhanced 911 (E911) Board State Grant Program awarded to Miami-Dade County and the Miami-Dade Police Department, to support the replacement of the existing E 911 call answering solution by procuring a WEST VIPER 911 PSAP with KOVA recorders from the existing 911 provider, AT&T; and authorizing an amendment to the Fiscal Year 2019 Budget to recognize the grant funds as revenue and to appropriate such funds to cover the cost of the grant expenditures. I.-5. 19-9086 A Resolution approving Sale of Art and Copyright Limited License Agreement with Atelier Cruz-Diez; approving Artwork Installation and Preservation Agreement with Logistics Fine Arts, LLC; and approving additional costs for the installation of the Artwork Induction Chromatique Coral Gables painted crosswalks by Carlos Cruz -Diez as a permanent installation. I.-6. 19-9105 A Resolution accepting the recommendation of the Procurement Officer to award the Group Medical Insurance Contract to Cigna Health and Life Insurance Company (CHLIC), the highest ranked responsive-responsible proposer, pursuant to Section 2-763 of the Procurement Code entitled “Contract Award” and Request for Proposals (RFP) 2019-019. City of Coral Gables Page 11 Printed on 8/23/2019 2:55 PM City Commission Agenda August 27, 2019 J. CITY ATTORNEY ITEMS Agenda Items G-1, G-2, J-1 and J-2 are related. (Time Certain 11:15am) J.-1. 19-9065 Update regarding Florida Retail Federation, Inc. et al v. City of Coral Gables. J.-2. 19-9093 A Resolution of the City Commission of the City of Coral Gables, Florida, staying enforcement of Chapter 34, Articles IX and X of the City Code in response to the ruling by the Third District Court of Appeal in Florida Retail Federation, Inc. et al. v. the City of Coral Gables, Florida, continuing enforcement of Sections 2-730, 62-262, and 62-263 of the City Code, and encouraging businesses to continue complying with Chapter 34, Articles IX and X, by not resuming the use of products made with expanded polystyrene or single-use plastic bags. J.-3. 19-8959 Request for Executive Session (if any). K. CITY CLERK ITEMS None L. DISCUSSION ITEMS This time is for informal discussion among the City Commissioners, the City Manager and the City Attorney City of Coral Gables Page 12 Printed on 8/23/2019 2:55 PM City Commission Agenda August 27, 2019 ADJOURNMENT NOTE Any person who acts as a lobbyist pursuant to the City of Coral Gables Ordinance No . 2017-44, 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 who needs assistance in another language in order to speak during the public hearing or public comment portion of the meeting should contact the City ’s ADA Coordinator Raquel Elejabarrieta, Esq., Director of Labor Relations and Risk Management (E-mail: relejabarrieta@coralgables.com, Telephone: 305-722-8686 , TTY/TDD: 305-442-1600), at least three (3) business days before the meeting. Any person with a disability requiring communication assistance (such as a sign language interpreter or other auxiliary aide or service) in order to attend or participate in the meeting should contact the City’s ADA Coordinator Raquel Elejabarrieta, Esq., Director of Labor Relations and Risk Management (E-mail : relejabarrieta@coralgables.com, Telephone: 305-722-8686, TTY/TDD: 305-442-1600), at least three (3) business days before the meeting. Billy Y. Urquia City Clerk City of Coral Gables Page 13 Printed on 8/23/2019 2:55 PM