Agenda Digest: City Commission (1/10/2023)

On Tuesday, January 10, 2023, the Coral Gables City Commission will hold its next City Commission meeting. Here is a rundown of the agenda for this upcoming meeting. Click here to see the full agenda.

Non-credited quotes in this article are excerpts from the memos presented to the Commission explaining the items.

Gables Insider comments on specific items can be found in blue.

Watch Meeting

To watch the meeting live on Tuesday, January 10th, at 9:00AM, click here. The meeting will also be available live on the City’s YouTube Channel. You can watch it by clicking here.

Consent Agenda

E-1: A Resolution of the City Commission authorizing the Kiwanis Club of Little Havana to sell alcoholic beverages from 10:00 a.m. to midnight on Saturday, March 4, 2023, and from 12:00 p.m. to 10:00 p.m. on Sunday, March 5, 2023 on Miracle Mile from Douglas to Lejeune as part of the Carnaval on the Mile, subject to Florida Department of Professional Regulation Requirements.

“This resolution is for Kiwanis Club of Little Havana to celebrate CARNAVAL ON THE MILE in Coral Gables. This request is to serve alcoholic beverages during the celebration and is in compliance with the laws of the State of Florida. CARNAVAL ON THE MILE will take place from 10:00 a.m. to midnight on Saturday, March 4, 2023, and from 10:00 a.m. to 10:00 p.m. on Sunday, March 5, 2023 at Miracle Mile- Douglas Road/ LeJeune Avenue. The event is family oriented with music and an art festival. This request has been reviewed by the City’s Special Events Committee.”

E-2: A Resolution of the City Commission designating the zero block of Santander Avenue as “Cristina Jimenez Way” in honor of Coral Gables Hospital CEO Cristina Jimenez. (Sponsored by Mayor Lago).

“Maria Cristina Jimenez worked at Coral Gables Hospital for more than 35 years, serving as the Hospital’s CEO, COO among other key positions. Ms. Jimenez was a well-respected businesswoman and leader in the Coral Gables community and following her untimely death, the City Commission wishes to honor her by designating the zero block of Santander Avenue as “Cristina Jimenez Way”.”

E-3: A Resolution of the City Commission accepting the recommendation of the Chief Procurement Officer to award the Temporary Staffing Services For Emergency Operations contract to 22nd Century Technologies, Inc (Primary), Precision Staffing, Inc. DBA AP Recruiters & Associates (Secondary), PackPlus, Inc. DBA Josmar Medical Staffing (Tertiary), the lowest responsive and responsible bidders for Group 1 – Labor Positions and to 22nd Century Technologies, Inc (Primary), Talantage, LLC (Secondary), Packplus, Inc. d/b/a Josmar Medical Staffing (Tertiary), the lowest responsive and responsible bidders for Group 2 – Professional / Clerical Positions, pursuant to Invitation For Bids (IFB) 2022-018 and Section 2-763 of the City’s Procurement Code entitled “Contract Award”.

“The purpose of this IFB is to contract qualified and experienced firms to provide temporary personnel during emergency operation activations. The temporary staff will be required to support activities, which include but are not limited to: debris clean up, tree removal, garbage/trash collection, and other administrative roles. On August 18, 2022, the Procurement Division of Finance formally advertised, issued and distributed the IFB for Temporary Staffing Services for Emergency Operations. On September 19, 2022, thirteen (13) bids were received in response to the IFB 2022-018 from: 22nd Century Technologies, Inc., ATC Healthcare Services, LLC., Cambay Consulting, LLC., Diskriter, Inc., KT Black Services, LLC., Legacy Professional Solutions, LLC., MoxieIT Solutions, Inc., Noor Staffing Group, LLC., PackPlus, Inc. DBA Josmar Medical Staffing., Precision Staffing, Inc. DBA AP Recruiters & Associates., SoftHQ, Inc., Talantage, LLC., Tampa Service Company, Inc. DBA Pacesetter Personnel Services. The Human Resources Department concurs with the Chief Procurement Officer’s recommendation to award the Temporary Staffing Services for Emergency Operations contract as follows: 22nd Century Technologies, Inc., (Primary), Precision Staffing, Inc. DBA AP Recruiters & Associates (Secondary), and PackPlus, Inc. DBA Josmar Medical Staffing (Tertiary) for Group 1 – Labor Positions and 22nd Century Technologies, Inc., (Primary), Talantage, LLC., (Secondary), and PackPlus, Inc. DBA Josmar Medical Staffing (Tertiary) for Group 2 – Professional / Clerical Positions, the lowest responsive and responsible bidders, in an amount not to exceed the available budget, for an initial period of three (3) years with options to renew for two (2) additional one (1) year periods, pursuant to Invitation for Bids (IFB) 2022-018 and Section 2-763 of the Procurement Code entitled “contract award”. Section 2-585 of the Procurement Code, entitled “Authority” authorizes the City Manager to delegate authority to the Procurement Officer to administer and make recommendations on contract awards.”

Ordinances On Second Reading

F-1: An Ordinance of the City Commission dissolving the Business Improvement District of Coral Gables as a Special District; providing for repeal, severability clause, and providing or an effective date. Agenda Items F-1 and F-8 are related.

“In 2022 the referendum approving the continued existence of the Business Improvement District (“BID”) failed to pass and in October of 2022 the City Commission adopted Resolution 2022-234 ceasing all assessments and dissolving the BID as of the earlier of December 31, 2022 or the date upon which all assets of the BID had been exhausted or transferred to the City. Pursuant to Resolution 2022-291 the BID had until November 14, 2022 to confirm it would execute certain events and the BID failed to provide such confirmation. Pursuant to Resolution 2022-291 the BID dissolved as a special assessment district effect November 18, 2022. Pursuant to Florida Statute 189.071 dissolution of special districts is effectuated by ordinance and the City Commission desires to effectuate, ratify, and confirm the dissolution of the BID such that it no longer exists as a special assessment distract, dependent special district, or any other public or government form. This item was adopted on first reading during the December 10, 2022 City Commission meeting. There have been no changes since first reading.”

F-2: An Ordinance of the City Commission providing for a text amendment to the City of Coral Gables Official Zoning Code by amending Article 15, “Notices” to include mailed notice to all properties within the applicable mailing distance; providing for severability clause, repealer provision, codification, and providing for an effective date. (Sponsored by Commissioner Anderson).

“No changes have been made since First Reading. As requested by a Commissioner, a text amendment is proposed to include mailed notice to all properties within the mailing radius. Currently Section 15-102(C) requires mailed notice to the property owners and tenants, if such names are indicated in the current tax rolls. However, rarely are tenants included on the current tax rolls unless long-term 99-year leases. Therefore, in order to provide notice to residents that may be directly affected by a proposed development, a text amendment is proposed to also mail notice to the property itself, if different from the property owner. Planning & Zoning Board: At their November 1, 2022, Planning & Zoning Board meeting, the proposed text amendment was presented to the Board to include a mailing to the property itself within the required mailing radius. The Board was divided in their discussion. The concerns included burdening the property responsible to send the notices, as well as a desire to place the owner’s name on the mailed notice to both their mailing address and the property itself. In general, the Board had concerns about involving the residents who are not property owners by sending them a mailed notice, and therefore had a tie vote (2-2). The draft Ordinance is provided as Exhibit A.”

F-3: An Ordinance of the City Commission providing for a text amendment to the City of Coral Gables Official Zoning Code by amending Article 15, “Notices” to require online publication of historical determination letters and Article 8, “Historic Preservation” revising the process of historical determination letters; providing for severability clause, repealer provision, codification, and providing for an effective date. (Sponsored by Commissioner Anderson).

“No changes have been made since First Reading. Currently in Section 8-107 of the Zoning Code, whenever a demolition permit or preliminary development proposal are received, the Historic Preservation Officer must review and provide a determination if the affected structure(s) are eligible for designation as a local historic landmark. If the Historic Designation Officer does not require further review by the Historic Preservation Board, then he/she will issue a determination to the applicant. As requested by a commissioner, the proposed amendment will require both an online publication of the historical determination letters so that interested community members may be notified, and a clarification that anyone that appeals a determination can then prepare their own designation report for public hearing. Instead of allowing an appeal at any time during the process, the proposed text amendment states an appeal must be submitted within 10 days of online posting and the appellant would have 21 days to submit a completed designation report. The intent is to provide additional transparency for historic designation determinations. The draft Ordinance is provided as Exhibit A.”

Ordinances On First Reading

F-4: An Ordinance of the City Commission providing for text amendments to the City of Coral Gables Official Zoning Code, Article 10, “Parking,” Section 10-109, “Payment in Lieu and Remote Off-Street Parking;” to revise remote parking and payment -in-lieu processes, requirements, and fee structure; providing for severability clause, repealer provision, codification, and providing for an effective date. Agenda Items F-4 and F-5 are related.

Click here to read staff’s memo.

F-5: An Ordinance of the City Commission providing for text amendments to the Code of the City of Coral Gables, Chapter 74, Article III, Division 5 entitled “Parking Replacement Assessment,” providing for updates to the assessment provisions and procedures, and providing for severability clause, repealer provision, codification and providing for an effective date. Agenda Items F-4 and F-5 are related.

F-6: An Ordinance of the City Commission providing for text amendments to the City of Coral Gables Official Zoning Code, Article 3, “Uses,” Section 3-315, “Restaurant, open air dining at ground level and other location;” by removing Floor Area Ratio (FAR) requirements for rooftop dining; providing for severability clause, repealer provision, codification, and providing for an effective date.

“Zoning Code text amendments are proposed to encourage rooftop dining by removing Floor Area Ratio (FAR) requirements. Rooftop dining had been utilizing the general provisions for open-air dining on private property until the adopted changes of the Zoning Code Update, when rooftop dining was required to comply with both FAR and parking. Recent proposed mixed-use buildings have demonstrated that these additional regulations are not consistent with the purpose of FAR, which is to control and limit the bulk and mass of a building. Therefore, Zoning Code text amendments are proposed for both the open-air dining on private property section of the Zoning Code and the definition of FAR to clarify what can be excluded. Below summarizes the proposed changes:  Rooftop dining is excluded from FAR limitations if uncovered or if under a trellis or canopy  Rooftop dining is exempt from parking requirements – as is in all open-air dining”

F-7: An Ordinance of the City Commission providing for text amendments to the City of Coral Gables Official Zoning Code, Article 2, “Zoning Districts”, Section 2-101, “Single-Family Residential (SFR) District, amending performance standards for ground area coverage by deleting required covenant; and providing for severability clause, repealer provision, codification, and providing for an effective date.

“Staff has prepared a Zoning Code text amendment to the performance standards for ground area coverage in single-family residential zoning – specifically the building’s square foot floor area – by eliminating the requirement for covenant for roofed terrace, breezeway, or porch.”

Resolutions

F-8: A Resolution of the City Commission providing for the disassociation with the Business Improvement District of Coral Gables, Inc.; providing for intent to reserve all rights, claims, and defenses; and providing for an effective date. Agenda Items F-1 and F-8 are related.

“There formerly existed the Business Improvement District of Coral Gables (the “BID”), a district created by the City pursuant to Chapter 170, Florida Statutes. The BID dissolved effective November 18, 2022. The City Commission has also adopted an ordinance further confirming the dissolution of the BID to the extent it existed as a special district. There also exists a Business Improvement District of Coral Gables, Inc. (the “Corporate BID”), the continued existence of which is not impacted by the dissolution of the BID. This resolution confirms and makes clear that the Corporate BID is not authorized to enter into agreements as a governmental entity, to bind the City or any political subdivision thereof, to impose assessments or use City funds. This resolution also clarifies for the public that the Corporate BID is not a political subdivision or otherwise associated with the City.”

City Commission Items

G-1: Update on the installation of solar panels for the Granada Clubhouse. (Sponsored by Mayor Lago) (Sponsored by Commissioner Anderson).

G-2: A Resolution of the City Commission directing the City Attorney and City Manager to reinitiate the annexation process for High Pines/Ponce Davis. (Sponsored by Mayor Lago).

“High Pines/ Ponce Davis is an enclave bounded by the City of Coral Gables to the North, South, and East. In 2017, pursuant to Miami-Dade County Code, Chapter 20 “Municipalities”, Article I “Boundary Change Procedure”, the City conducted a petition process to ascertain support amongst registered voters in High Pines/Ponce Davis for the annexation of the area into the City of Coral Gables. In response to the petition, 27.9% of registered voters in High Pines/Ponce Davis supported annexation, surpassing the required 20% to initiate the annexation application process. Soon thereafter, the City Commission adopted Resolution No. 2018-105, directing the City Manager and City Attorney to prepare and submit an application for the annexation of High Pines/Ponce Davis. The City’s application received a positive recommendation from the County’s Planning Advisory Board and from then County Mayor Carlos Gimenez. On July 17, 2019, a public hearing was held on the annexation application before the Health Care and County Operations Committee (HCOC), and the HCOC laid the City’s application on the table, effectively denied without the full Board of County Commissioners ever hearing the matter and without giving residents in the area the opportunity to vote in a referendum. Given the documented support for the City’s annexation effort, and the long-term benefits that will accrue to both the City and High Pines/Ponce Davis, the City wishes to re-initiate the annexation process via this resolution.”

City Manager Items

I-1: A Resolution of the City Commission accepting the recommendation of the Chief Procurement Officer to award RFQ 2022-016 for Plans Review and Building Inspection Services and negotiate a Professional Services Agreement (“Agreement”) with C.A.P. Government, Inc., J.E.M. Inspections & Engineering Services, Inc., M.T. Causley, LLC., and Universal Engineering Sciences, the four (4) responsive-responsible proposers, pursuant to Florida Statute 287.055, known as the “consultants competitive negotiation act”. Lobbyist: N/A.

“The City’s Development Services Department requires a pool of qualified professionals to provide plans review and building inspection services with the qualifications and ability to provide services in the following specialized areas: building inspector, roofing inspector, electrical inspector, plumbing inspector, elevator inspector, building plans examiner, electrical plans examiner, plumbing plans examiner, mechanical plans examiner, structural plans examiner, roofing plans examiner and zoning inspector/plans reviewer and geotechnical soils, foundation and materials for various areas. On September 29, 2022, the Procurement Division of Finance formally advertised, issued, and distributed Plans Review and Building Inspection Services, Request for Qualifications (RFQ) 2022-016. Twenty (20) prospective proposers downloaded the RFQ package from Public Purchase, the City’s web-based e-Procurement service. The
City’s intention is to award this contract based on two groups: Group 1 will be awarded for General Specialty Services and Group 2 will be awarded for Geotechnical Services. On October 6, 2022, a non-mandatory pre-qualifications meeting was held with seven (7) prospective proposers in attendance: AE Assistance Group, Inc., C.A.P. Government, Inc., Delta Engineering, Douglas Wood Associates, Inc., J.E.M. Inspections & Engineering Services, Inc., Safe Built and Universal Engineering Sciences. On October 25, 2022, four (4) firms submitted proposals in response to the RFQ: C.A.P. Government, Inc., J.E.M. Inspections & Engineering Services, Inc., M.T. Causley, LLC, and Universal Engineering Sciences. On November 17, 2022, the Evaluation Committee convened to evaluate the four (4) responsive and responsible proposals and ranked the firms in the following order: General Specialty Group (Group 1), M.T. Causley, LLC, (top ranked), C.A.P. Government, Inc., (second ranked) and J.E.M. Inspections & Engineering Services, Inc., (third ranked); and Geotechnical Group (Group 2), Universal Engineering Sciences. The Chief Procurement Officer recommends accepting the Evaluation Committee’s recommendation to award and negotiate an agreement with C.A.P. Government, Inc., J.E.M. Inspections & Engineering Services, Inc., M.T. Causley, LLC., and Universal Engineering Sciences for an initial period of three (3) years with the option to renew for two (2) additional one (1) year periods, exercisable at the option of the City Manager in an amount not to exceed the available budget.”

I-2: A Resolution of the City Commission accepting the recommendation of the Chief Procurement Officer to award the Waterway Bank Stabilization project to ENCO, LLC, the lowest responsive and responsible bidder in the estimated amount of $ 473,625.00 pursuant to Section 2-763 of the Procurement Code entitled “Contract Award” and Invitation for Bid (IFB) 2022-019. Lobbyist: N/A.

“The purpose of this Invitation for Bid is to establish a contract with a successful bidder for the Waterway Bank Stabilization services located at 1536 Taragona Drive. On September 21, 2022, the Procurement Division of Finance formally advertised, issued and distributed IFB 2022-019 Waterway Bank Stabilization. Forty-nine (49) prospective bidders downloaded the IFB package from Public Purchase, the City’s web-based e-Procurement service. On October 28, 2022, five (5) bids were received in response to the IFB from: ACRE Engineering and Construction, Inc., ENCO, LLC, Marcdan, Inc., Metro Equipment Services, Inc., and Sea & Shoreline, LLC. The lowest responsive responsible bidder for this project was determined to be ENCO, LLC in an estimated amount of $473,625. The responses were reviewed by the Procurement Division in order to determine responsiveness to the requirements of the IFB and to identify the lowest responsive responsible bidder. The Procurement Division finalized its due diligence process and confirmed that ENCO, LLC is both responsive to the requirements of the IFB and responsible bidder.
The Public Works Department concurs with the Chief Procurement Officer’s recommendation to award the Waterway Bank Stabilization Project in the estimated amount of $473,625 but not to exceed the available and approved budget.”

I-3: A Resolution of the City Commission accepting a recommendation to waive the competitive process of the Procurement Code to negotiate and award a contract for the completion of renovation work at the Granada Diner as a “Special Procurement/Bid Waiver” pursuant to Section 2-691 of the Procurement Code. (Sponsored by Mayor Lago) (Sponsored by Commissioner Menendez).

“The Granada Diner space located in the Pro Shop is in need of remodeling to accommodate any future dining operation that will occupy the space. Currently the space requires a complete overhaul that will require the services of a professional contractor that will perform all work necessary in accordance with the permitted drawings commissioned by the city for the space. Due to the critical timing of the work and the coordination of work being completed at the adjacent space, the administration is requesting the authority to seek pricing and negotiate a final contract in parallel with multiple suitable sources without going through the formal competitive process. A preliminary budget for the project has been established and this item is seeking approval to proceed in an amount not the exceed the available budget for the project. Under Section 2-691 of the Procurement Code, entitled “Special Procurement/Bid Waiver,” a
special procurement may be initiated when an unusual or unique situation exists that makes the application of all requirements of competitive sealed bidding or competitive sealed proposal contrary to the public interest.”

I-4: A Resolution of the City Commission approving a one-year extension of the Murals on the Mile program.

“The Murals on the Mile project, launched in October of 2021, was intended to bring safe, socially distant activations and a sense of pride to the downtown to generate pedestrian traffic and economic growth in the wake of the COVID-19 pandemic. The murals have been well received by the community and due to the positive feedback, the City requests extending the project for a period of one year. The City will obtain the necessary permissions from the participating property owners to continue displaying the murals on
their property. As stated in the City’s Zoning Code, under appendix E.1 section B8, the City Manager or his/her designee may approve temporary adjustments to the provisions with the intent of creating a lively and vibrant district. The subject walls are at: 1. 292 Miracle Mile (west-facing wall of Starbucks), 2. 136 Miracle Mile (east-facing wall), 3. 152 Miracle Mile (west-facing wall of Barnes & Noble), and 4. 200 Miracle Mile (east-facing wall of Cortadito Coffee House)”

City Attorney Items

J-1: A Resolution of the City Commission directing the City Attorney to update the Sea Level Rise White Paper adopted in Resolution 2016-223. (Sponsored by Commissioner Cason).

“Pursuant to Resolution No. 2016-223, the City Commission accepted and finalized a white paper on sea level rise titled “Legal Considerations Surrounding Adaptation to the Threat of Sea Level Rise,” presented by outside counsel for the City and requested that then-Mayor Jim Cason write a foreword to the paper. The paper was made available online to the public and has been cited and shared as a resource by numerous non-profit organizations and governmental entities, including, for example, Georgetown University’s Climate Center Adaptation Clearinghouse, the Southeast Florida Climate Compact, the Climate Action Tracker consortium, Florida Sea Grant, the City of St. Augustine, the City of Delray Beach, and New York State, and it has been discussed in publications such as the Florida Bar Journal, the Florida Bar’s ELULS Reporter, the N.Y.U. Review of Law & Social Change, and the Fordham Environmental Law Review. Since 2016, changes have occurred both environmentally and legally and the proposed resolution directs the City Attorney to update, “Legal Considerations
Surrounding Adaptation to the Threat of Sea Level Rise,” and to return to the City Commission to have said update presented and considered for adoption.”

City Clerk Items

K-1: A Resolution of the City Commission making provisions for holding a General Biennial election on April 11, 2023, for the election of candidates for the office(s) of Mayor and two City Commissioners; further designating and appointing the City Clerk as the official representative of the City Commission, with respect to the supervision of said General Biennial election; further directing the City Clerk to give notice by publication of the adoption of this Resolution and the provisions hereof.

“The attached Resolution provides for the calling of a General Biennial Election, April 11, 2023, for the election of candidates for the office of Mayor and two (2) City Commissioners. The Resolution also designates and appoints the City Clerk as the official representative of the City Commission, with respect to the supervision of the elections.”

K-2: A Resolution of the City Commission granting permission to the City Clerk to proceed with preparation of the Municipal Election Order Form in conjunction with Miami -Dade County Elections Department for services, materials and support to be rendered, in connection with the Coral Gables General Biennial Election of April 11, 2023, to procure the necessary ballots and other forms, to arrange for the use of voting machines, provide appropriate absentee ballot request policy (In those instances wherein Miami-Dade County manages the distribution of absentee ballots) and canvass of returns from our designated precincts within the City of Coral Gables.