Agenda Digest: City Commission Meeting (12/12/2023)

Javier Baños

Baños is the Editor of Gables Insider

On Tuesday, December 12, 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, December 12, 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

D.-1. 23-6692 A Resolution of the City Commission appointing Ramona Busot (Nominated by City Manager Iglesias) to serve as a member of the Landmarks Advisory Board, for the remainder of an unexpired term, which began on June 1, 2023 and continues through May 31, 2025.
D.-2. 23-6729 A Resolution of the City Commission authorizing the Bay 13 Brewery, LLC to sell alcoholic beverages from 12:00 p.m. to 11:00 p.m. on Saturday, January 27, 2024, on 65 Alhambra Plaza as part of the Woop Woop 2024, subject to Florida Department of Professional Regulation Requirements.
D.-3. 23-6730 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 2, 2024, and from 10:00 a.m. to 10:00 p.m. on Sunday, March 3, 2024 on Miracle Mile from Douglas Road to Le Jeune Road as part of the Carnaval on the Mile.
D.-4. 23-6698 A Resolution of the City Commission accepting the recommendation of the Chief Procurement Officer to award the Tree Planting Citywide contract to Treesources, LLC, the most responsive and responsible bidder, in the amount of $177,578.15.
D.-5. 23-6736 A Resolution of the City Commission confirming the reappointment of Christopher Challenger, who ran unopposed to the City of Coral Gables Retirement Board, At-Large Participating Regular Full-Time Employee Representative Seat and Joshua Nunez, who ran unopposed for the Police Officer Representative Seat, both for a two-year term beginning January 1, 2024 through December 31, 2025.
D.-6. 23-6743 A Resolution of the City Commission accepting the recommendation of the City Manager to request additional spending authority in the amount of $150,000 for a contract awarded to John Bell Construction, Inc., pursuant to Section 2-764 of the Procurement Code entitled “approval of change orders and contract modifications”.
D.-7. 23-6767 A Resolution of the City Commission authorizing the acceptance of a State of Florida Department of Transportation Litter Control and Prevention Grant in the amount of $15,000 to be put towards the “Keep Coral Gables Beautiful” initiative.
D.-8. 23-6772 A Resolution of the City Commission authorizing the ratification of an emergency authorization of a critical resurfacing project needed to get the clay tennis courts back to safe playing conditions at the Salvadore Park Tennis Center located at 1120 Andalusia Ave. following the storm on Nov. 15, 2023, pursuant to Section 2-690 Emergency Procurement, in the amount of $200,000.
D.-9. 23-6774 A Resolution of the City Commission authorizing the Junior Orange Bowl to sell alcoholic beverages from 3 p.m. to 7 p.m. on Sunday, December 10, 2023, on 405 Biltmore Way; Rose Garden as part of the Jr. Orange Bowl Parade.
D.-10. 23-6782 A Resolution of the City Commission granting easements to Florida Power and Light on City owned property located at 4920 Washington Drive, 202 Jefferson Drive, and 200 Grand Avenue, and authorizing the City Manager to approve future easement requests in connection with the storm secure underground program.

Presentation of Boards

2.-1. 23-6752 A Resolution of the School Community Relations Committee requesting that the City Commission direct staff to conduct a statistically representative survey of Coral Gables residents regarding education and public schools and include education in the 2026-2029 Coral Gables Strategic Plan.

“Since May of 2023, the School Community Relations Committee (SCRC) has been discussing supplemental funding needs for area schools. After discussion at several SCRC meetings and the July 11 Commission Meeting, the SCRC held a workshop on Oct. 13 to decide on the best course of action on this topic. During their Nov. 17 meeting, the SCRC voted to request the city conduct a statistically representative survey of the Coral Gables community on the educational landscape of the city and the public schools. The results of this survey would assist in developing strategic goals for education in the city.” The possible request to conduct the survey is approximately $20,000.00.

E. PUBLIC HEARINGS

ORDINANCES ON SECOND READING

E.-1. 23-6473 An Ordinance of the City Commission providing for text amendments to the City of Coral Gables Official Zoning Code pursuant to Zoning Code Article 14, “Process,” Section 14-212, “Zoning Code Text and Map Amendments,” to create carbon concrete requirements, a review procedure, and an appeal process that reduce greenhouse gas emissions. (11 08 23 PZB recommended approval; Vote 7-0) (Sponsored by Vice Mayor Anderson)

No changes have been made since First Reading.
“The text amendment includes carbon concrete requirements, a review procedure, and an appeal process that applies to all concrete buildings and elements of concrete of all buildings within the MF2, MF3, MF4, and MX zoning districts. The supply concrete will require in-situ carbon dioxide mineralization, which is when post-industrial carbon dioxide (CO2) is injected into the concrete during mixing and chemically converted into a mineral.”

E.-2. 23-6359 An Ordinance of the City Commission providing for text amendments to the City of Coral Gables official Zoning Code, Article 6, “Landscape,” by amending the utilization of artificial turf on open joints of pavement; and Article 10, “Parking and Access,” by providing review of materials in pavement joints. ( 10 11 23 PZB recommended denial, Vote 4-3) (Sponsored by Mayor Lago)

“Zoning Code text amendments to prohibit further installment of artificial turf in open joints of pavement in any location. Instead, a list of materials is provided to utilize in open joints of pavement, as reviewed and approved by the City Architect staff.”

Board of Architects endorsed this proposed ordinance.
Planning and Zoning Board: members of the Board expressed concerns for limiting residents the ability to install artificial turf within their open driveway joints. They Denied the request for approval.

E.-3. 23-5816 An Ordinance of the City Commission providing for a text amendment to Article 2 “Zoning Districts,” Section 2-405 “Residential Infill Regulations Overlay District (RIR)” of the City of Coral Gables Official Zoning Code to provide a maximum building length of three hundred feet for all properties seeking approval pursuant to the Residential Infill Regulations. (10 11 23 PZB recommended Approval, Vote 6-1) (Sponsored by Vice Mayor Anderson)

“Since First Reading, the proposed Ordinance was revised to provide for an exemption for any affected 20,000 square-foot-property that can currently construct a building longer than 300 feet under the RIR regulations. No other changes have been made since First Reading. “

“Zoning Code text amendment to propose a maximum building length of 300 feet for all properties seeking approval pursuant to the Residential Infill Regulations (RIR) under Section 2-405 of the Zoning Code. The Residential Infill Regulations (RIR) were adopted as a conditional use in May of 2017 to allow an increase of density from 40 units per acre, or 50 with Mediterranean Bonus, to a maximum of 100 units per acre if the property is 20,000 square feet or more within the North Ponce neighborhood.”

ORDINANCES ON FIRST READING

E.-4. 23-6580 An Ordinance of the City Commission amending Article 9 “Art in Public Space” of the City Zoning Code in order to amend certain procedures related to the Art in Public Places waiver process and options. (Sponsored by Mayor Lago)

“The City wishes to clarify some of those procedures related to waivers for the Art in Public Places Fee, including eliminating a few waiver options, redefining the applicability of the process to certain projects, and generally review the relevant code provisions.“

E.-5. 23-6723 An Ordinance of the City Commission amending the Cocoplum Phase 1 Security Guard District, as created by Miami-Dade County pursuant to County Ordinance 95-214, to expand the scope of services to include additional security measures including but not limited to security cameras.

“On June 2, 2023 the City of Coral Gables received a letter of intent from over 20% of the homeowners (“Petitioner”) within the Cocoplum Phase 1 Security Guard Special Taxing District (“District”) requesting a modification to the District to expand the scope of services to include additional security measures including but not limited to security cameras.”

E.-6. 23-6727 An Ordinance of the City Commission amending Section 14-103.3. “Meeting; Panel Review; Full by Full Board; Conflict Resolution Meeting; Special Master Quasi-Judicial Hearing” in order to amend certain procedures related to the conflict resolution and Special Master Quasi-Judicial Process for appeals of decisions by the Board of Architects. (Sponsored by Vice Mayor Anderson)

“The City Commission wishes to clarify some of the procedures related to this process, including amending the Zoning Code so that it is clear that should the conflict resolution meeting result in a settlement, that the settlement proceeds to be heard in a quasi-judicial public hearing.
This Ordinance also amends the Zoning Code so that a hearing regarding a single-family residence is heard by one Special Master, and hearings regarding all other properties are heard by a panel of three Special Masters. In addition this Ordinance codifies the requirement that the Board ofArchitects is required to review substantial changes to the design of a project made during the Conflict Resolution or Special Master hearing process.”

E.-7. 23-6732 An Ordinance of the City Commission providing for text amendments to Article 2, “Zoning Districts,” Section 2-201, “Mixed Use 1, 2 and 3 (MX1, MX2 and MX3) Districts” and Article 3, “Uses,” Section 3-209, “Live work minimum requirements,” of the City of Coral Gables Official Zoning Code to allow a reduction of storefront transparency on frontages facing single-family and multi-family uses. (Sponsored by Vice Mayor Anderson)

“The proposed text amendments require a windowsill between 18” to 24” in height for frontages facing ground level single-family and multi-family uses“.

E.-8. 23-6733 An Ordinance of the City Commission providing for text amendments to Article 15, “Notices,” Section 15-102, “Notice,” of the City of Coral Gables Official Zoning Code to amend requirement for the Applicants Required Public Information Meeting to occur prior to review by the Board of Architects. (Sponsored by Commissioner Menendez) (Co-sponsored by Vice Mayor Anderson)

“The proposed text amendment would require an Applicants’ public information meeting to occur earlier in the public review process prior to preliminary review by the Board of Architects. All other requirements for the public information meeting would remain.“

Agenda Items E-9 and E-10 are related
E.-9. 23-6785 An Ordinance of the City Commission amending Section 1-2 “Definitions and Rules of Construction”; Section 2-464 “Same-Authority to Fix Schedule of Charges; Method of Determination”; Section 2-1091 “City-Owned Property Sale or Lease Generally; Advertised Public Bidding Process; Section 18-2 “Canvas of Returns; Duty of Commission; Declaration of Results”; Section 34-60 “Statement of Costs; Filing; Publication of Work; Cost and Lien”; Section 34-239 “Forfeiture Proceedings”; Section 58-53 “Statement of Costs; Publication”; Section 58-119 “Notice by Publication”; Section 62-329 “Procedures Relating to Applications”; Section 62-331 “Adoption of Ordinance”; Section 78-281 “Requirement for Underground Utilities”; Section 101-109 “Notices”; Section 109-41 “Permit Application Procedures- Class 1 Permits”; and Section 109-42 “Same- Class 2 Permits” of the City Code in order to provide a definition of publication and remove the requirement for newspaper publication.

“Beginning January 1, 2023 Cities are now permitted to publish all required legal notices and advertisements on a publicly accessible website as specified in Florida Statute 50.0311. The City has traditionally advertised and published required notices in newspapers of general circulation. Due to cost increases and fewer options available for publication, the City is going to move all required notices to a County-wide website for legal notices, as permitted in state law. The City will proceed to publish required annual notices in a newspaper of general circulation pointing residents to those online notices, and will conduct an education campaign to make sure residents are aware.”

E.-10. 23-6786 An Ordinance of the City Commission amending Section 1-104 “Jurisdiction and Applicability”; Section 8-109 “Moving of Existing Improvements”; Section 8-106 “Certificates of Appropriateness”; Section 14-209.4; Section 14-215.3 “Notice and Hearing Procedures”; Section 15-102 “Notice” of the City’s Zoning Code in order to provide a definition of publication and remove the requirement for newspaper publication.

RESOLUTIONS

E.-11. 23-6726 A Resolution of the City Commission directing a joint meeting of the Economic Development Board and the Cultural Development Board to discuss the City ’s Strategic Plan to promote the City of Coral Gables as a cultural destination for South Florida residents and tourists. (Sponsored by Vice Mayor Anderson)

F. CITY COMMISSION ITEMS

F.-1. 23-6738 Update on Granada Diner/Burger Bob’s and Le Parc Cafe. (Sponsored by Commissioner Menendez)
F.-2. 23-6746 Discussion regarding visioning for the restaurant mix in and near Giralda Plaza. (Sponsored by Vice Mayor Anderson)
F.-3. 23-6747 Discussion regarding green hydrogen production. (Sponsored by Vice Mayor Anderson)
F.-4. 23-6755 Discussion on new City replacement lights. (Sponsored by Commissioner Fernandez)
F.-5. 23-6758 Update regarding City’s transition to electric leaf blowers and other City’s enforcement of
gas leaf blower prohibitions. (Sponsored by Vice Mayor Anderson)

PILOT PROGRAM
Staff comments

• “Useful in small areas of downtown near cars and pedestrians.”
• “Not effective in large parks or medians with large volume of leaf drop.”
• “Backpack charger is heavy to carry.”
• “Ineffective on tall or wet grass and leaves.”
• “Battery life is less than 2 hours per charge.”
  Current city inventory for Community Recreation: 7 electric blower kits
  Current city inventory for Greenspace Management: 14 electric blower kits
  Note: one gas blower costs $600
• Landscape contractor would require 10 electric blower units and 3 new full-time employees, which will reflect an increase to the current landscape maintenance contract, to be determined.
  QTY ITEM PRICE PER ITEM TOTAL
  21 RAPID CHARGE CONVERTORS $1,800 = $37,800
  21 REPLACEMENT BATTERIES $1,000 = $21,000
  Total cost$58,800

F.-6. 23-6759 Update on plastic film recycling. (Sponsored by Mayor Lago)
F.-7. 23-6760 Update on humane iguana removal. (Sponsored by Mayor Lago)
F.-8. 23-6761 Maintenance plan for White Way Lights. (Sponsored by Mayor Lago)
F.-9. 23-6763 Discussion regarding invasive vines at Merrick House. (Sponsored by Mayor Lago) (Co-sponsored by Vice Mayor Anderson)
F.-10. 23-6773 Update on the recent Keep Coral Gables Beautiful events. (Sponsored by Mayor Lago)
F.-11. 23-6775 Update on the legislative priorities trip to Tallahassee. (Sponsored by Commissioner Castro) (Sponsored by Commissioner Fernandez) (Sponsored by Commissioner Menendez)
F.-12. 23-6778 Discussion regarding the Alhambra Circle sidewalk connection between San Rafael
Avenue and Taragona Drive. (Sponsored by Mayor Lago)
F.-13. 23-6779 Update regarding Pittman Park. (Sponsored by Mayor Lago)
F.-14. 23-6783 Update on Development Services. (Sponsored by Commissioner Castro)
F.-15. 23-6784 Update regarding Mediterranean Design proposed revisions. (Sponsored by Vice Mayor Anderson

G. BOARDS/COMMITTEES ITEMS

G.-1. 23-6745 A Resolution of the City Commission granting approval of a residential waiver (by a four-fifths vote of the City Commission) for Justine Chichester (Nominated by Vice Mayor Anderson), in accordance with Section 2-52(b)(2) of the City Code, to serve as a member of the Coral Gables Advisory Board on Disability Affairs, for a two (2) year term, which begins on June 1, 2023 and through May 31, 2025.

H. CITY MANAGER ITEMS

H.-1. 23-6756 A Resolution of the City Commission accepting the recommendation of the Innovations and Technology Department to waive the competitive process to purchase Tyler Technologies Maintenance service as a “Special Procurement/Bid Waiver,” pursuant to Section 2-691of the Procurement Code, for a period of five (5) years, to cover September 2023 – September 2028 at a total cost of $1,875,000.00 ($375,000 per year).

“The Innovation & Technology (IT) Department purchased EDEN from Tyler Technologies in 2003 and EnerGov in 2019 to provide the hosting, technical support, customer service and maintenance for the software applications that support the historical data financial system (EDEN) and the current application for Deployment Services Permitting system (EnerGov). In order to ensure full functionality of the system, a renewal of the annual maintenance is required. Tyler Technologies is the sole provider of the maintenance and support for their products (EnerGov and EDEN). It is recommended that the City renew the maintenance agreement for the system for a period of five (5) years (to cover September 2023 – September 2028) at $375,000 each year. Energov is the current Development Service Dept software and it is not scheduled to be replaced in the next five years. The services will include coverage for the domain subscription, cloud services, hosting fees, customer support and user tools and authorization is being requested to cover back-dated services as well as those moving forward.”

H.-2. 23-6757 A Resolution of the City Commission accepting the recommendation of the Innovations and Technology Department to approve the Master Service Agreement Piggyback Addendum, $2,000,00.00 for five (5) years, which will piggyback the State of Florida Department of Management Services – Mobile Communication Services (Contract Number DMD-19/20-006C) Contract with Verizon.

“The Innovation & Technology (IT) Department has been using Verizon as its cellular carrier since 2008 for all city issued cellphones, and data services for mobile units including laptops, iPads, and hotspots. To continue full functionality of all city employee mobile and cellular devices a contract piggybacking off the State contract Verizon is necessary. It is recommended that the city continues its service with Verizon through the acceptance of this contract for its contact period of five years. Our current yearly spending for Verizon totals $360,000, to plan for future growth and necessities over the next five-year period $400,000 a year covers all these needs. The services will include cellular coverage throughout the city, data plans for each city issued device, hardware replacements and new deployments, and technical support.”

H.-3. 23-6627 A Resolution of the City Commission accepting the recommendation to waive the Competitive Bid Process of the Procurement Code and contract with Allen Architectural Metals, Inc. for the restoration and replication of the Historic White Way Light Poles, Sections 2 and 3, along University Drive between Riviera Drive and Bird Road and along Riviera Drive between Anastasia Avenue and University Drive, pursuant to Section 2-691 of the Procurement Code as a continuation of the approval issued on Resolution 2021-50, at a total cost of $308,414.00 (Phase 2 – $189,460.00 for 34 poles and Phase 3 -$118,954.00 for 25 poles).

“On March 23, 2021, Resolution 2021-50 was approved via Bid Waiver to engage Allen Architectural Metals, Inc. to undertake the restoration and replication of the historic poles on the White Way Light corridor, along University Dr. between Ponce de Leon and Bird Road and along Riviera Dr. between Anastasia Ave and University Dr. The budget was initially approved only for Section 1 of the corridor (University Dr. between Ponce de Leon and Riviera Dr.) since funds were not available for Sections 2 and 3 at the time. The budget is now available to proceed with Sections 2 and 3, along University Dr. between Riviera Dr. and Bird Rd and along Riviera Dr. between Anastasia Ave and University Dr. and this new Resolution will allow, the existing contractor, Allen Architectural Metals, Inc. to continue with the restoration and replication of the historic poles on those sections.“

H.-4. 23-6766 A Resolution of the City Commission authorizing the City Manager to enter into a Public Transportation Grant Agreement in the amount of $253,000, as identified in the Notice of Grant Award FM # 453981-1-84-01 between the Florida Department of Transportation (FDOT) and the City of Coral Gables to provide Flex Route Transportation Service using Tesla vehicles and to amend the Fiscal Year 2023-2024 Annual Budget to recognize the grants funds as revenue and appropriating such funds to be used for such services.

“In May of 2023, the City applied for a grant from the Miami-Dade Transportation Planning Organization (TPO) to fund a TPO Smart Demonstration Project. The City’s proposed project is a Flex Route Transportation Service via Electric Vehicles for a total of $506,000 of which $253,000 is from the grant and $253,000 is the required matching funds from the City of Coral Gables. The proposal submitted was approved by the TPO and forwarded to the Florida Department of Transportation (FDOT) for final funding determination. A Public Transportation Grant Agreement is being prepared by FDOT for matching fund financial assistance to fund up to 50% of the cost of providing a Flex Route Transportation Service via Electric Vehicles.”

H.-5. 23-6754 Annexation update presenting options for Coral Gables resident participation.

The city will consider various voting options, at three different cost levels, to take the question of annexation to the residents.

H.-6. 23-6765 Illegal dumping mitigation technology update.

I. CITY ATTORNEY ITEMS

I.-1. 23-6724 Hearing regarding decision by Retirement Board to grant COLA to class members in Murhee v. City of Coral Gables, Case No. 13-20731 CA (13) (Fla. 11th Cir. Ct.) (treating GAP and opt outs in the same manner) -ALTERNATIVE DISPUTE RESOLUTIONMECHANISM

“At the Pension Board meeting of November 9, 2023, the Board voted to approve the 2024 COLA of 8.0% to Class Members as required by the COLA Lawsuit Settlement. Additionally, the Pension Board voted to approve the same 2024 COLA to GAP and Opt-Out Members. This memo is being provided in advance of the Alternative Dispute Resolution Mechanism Hearing to be held on December 12, 2023. In accordance with the terms of the settlement agreement, at the hearing, the City Commission, in its sole discretion may, by a supermajority 4/5 vote, reject the Retirement Board’s determination or reduce the amount of the proposed COLA.
As the Finance Director of the City of Coral Gables, it is my recommendation that the City Commission reject the Board’s proposed 2024 COLA for Class Members, GAP and Opt-Out Members because it would increase the unfunded liability to over $182.7 million, increase our contribution requirements by $3.6 million and decrease our funded ratio by approximately 4.15%. Additionally, payment of this COLA would wipe out 70% of the progress we have made to date with the total extra payments made (total to date $38.4 million – COLA increase to unfunded $182.7 million) which has gone towards reducing our total unfunded debt.”