Agenda Digest: Commission Meeting (1/25/2022)

On January 25, 2022, the Coral Gables City Commission will hold its next City Commission meeting. Here are some of the more notable items on 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 25th 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.

Mayor’s Comments

D-1: Discussion regarding Wings for Wishes 2022.

Consent Agenda

E-1: A Resolution of the City Commission authorizing a change order to the H. George Fink Studio Restoration Project, Contract IFB 2020-024, with Critical Path Services, Inc., pursuant to Section 2-764(b), Approval of Change Orders and Contract Modifications, in an estimated amount not to exceed of $60,000.

“On October 13, 2020, the City Commission accepted the recommendation to award IFB Contract 2020-024 for the H. George Fink Studio Restoration Project to Critical Path Services, Inc., the lowest responsive and responsible bidder. This change order includes items that need to be incorporated into the project and are a result of unforeseen conditions typical of a restoration project of this complexity (see attached schedule of values). The change order costs submitted by Critical Path Services, Inc. have been reviewed and found to be within current industry standards. The Public Works Department recommends approval of this request.”

E-2: A Resolution of the City Commission approving the release of the easement as depicted on the amended plat of Coconut Grove Warehouse Center recorded in plat book 25, page 66, of the public records of Miami-Dade County, Florida for the property located at 101 US-1, Coral Gables, Florida 33133.

“In 1926 the City of Coral Gables approved the Amended Plat of Coconut Grove Warehouse Center, as recorded in Plat Book 25, at Page 66, of the Public Records of Miami-Dade County, Florida, (the “Plat”) which depicted a 18-foot wide easement for use as a “spur railroad track”(the “Easement”). The Easement encumbers the property located at 101 US-1 and the current property owner is seeking to release the encumbrance to redevelop the Property. The City in reviewing the property owner’s request determined that the City does not have any interest in the Easement and the property owner has provided letters of non-objection to the release of the Easement by all utility providers in the area. Additionally, but for the City’s approval of the Plat, there appears to be no instruments dedicating the easement nor any interested parties for this almost 100-yearold easement which to this day has never been used. As part of the release, any new required easements must be granted to utility companies as part of the redevelopment of the Property.”

E-3: A Resolution of the City Commission authorizing the declaration of surplus and sale of equipment at the City-owned property located at 2003 Granada Blvd., Coral Gables, FL 33134, pursuant to Sec. 2-879 of the Procurement Code entitled “Disposal of Surplus.”

“Robert Maguire dba Granada Snack Shop (Burger Bob’s) (the “Tenant”) leased the premises at 2001 Granada Blvd., Coral Gables, FL 33134 from the City of Coral Gables (the “Landlord”) by virtue of a Concession Agreement dated October 2, 2003, authorized by Resolution No. 2003-150 on August 26, 2003. This Agreement was extended on a month-to-month basis on July 15, 2008, pursuant to Resolution No. 2008-111; Resolution No. 2008-200 on November 18, 2008; Resolution No. 2009-251 on September 8, 2009; Resolution No. 2010-158 on August 24, 2010; and Resolution No. 2014-162 on August 26, 2014. On October 9, 2018, pursuant to Resolution No. 2018-263, Landlord and Tenant entered into a Lease (the “Lease”) for a period of three years (09/01/2018-08/31/2021). On June 22, 2020, pursuant to Resolution 2020-163, Landlord and Tenant entered into a First Amendment to Lease for Rent Deferment. On February 2, 2021, pursuant to Resolution No. 2021-14, Landlord and Tenant entered into a Second Amendment to Lease granting the Tenant rent deferment and rent reduction. On September 9, 2021, pursuant to Resolution No. 2021-212, Landlord and Tenant entered into a Third Amendment to Lease granting the Tenant a lease term extension (09/01/2021-12/31/21) providing also that the Lease could be further extended on a month-to-month basis thereafter at the discretion of the City Manager. On December 28, 2021, Landlord and Tenant entered into a Fourth Amendment to Lease granting the Tenant a lease term extension (01/01/2022-3/31/22) subject to termination by either Landlord or Tenant by delivery of thirty (30) days’ notice. On January 13, 2022, Tenant provided notice to the Landlord that it will be vacating the property by February 13, 2022. City staff has inventoried and made an assessment of the current equipment located at the Property, which includes a Commercial Fryer, nine (9) tables, eight (8) stools, a Salad Prep Station, thirty-six (36) chairs, and a Commercial Griddle. City staff has determined that the equipment has exceeded its usefulness to the City of Coral Gables and should be disposed of in a manner that is in the best interest of the city. The Tenant has expressed interest in purchasing the Commercial Fryer, nine (9) tables, eight (8) stools, a Salad Prep Station, thirty-six (36) chairs, and a Commercial Griddle from the City of Coral Gables for a price that will be considered fair and reasonable. City staff has determined that this direct sale is the best approach to directly recover some proceeds before going to auction or otherwise disposing of the surplus equipment in accordance with applicable law. Under Section 2-879 of the Procurement Code, entitled “Disposal of Surplus,” the Chief Procurement Officer shall be responsible for the sale or disposition of surplus supplies by a method or methods deemed by the Chief Procurement Officer to be most advantageous and in the best interest of the city. The Chief Procurement Officer shall have the authority to sell or dispose of surplus items in any manner authorized by the appropriate Florida Statutes, including F.S. CH. 274, entitled “Tangible Personal Property Owned by Local Governments.” All surplus items with an estimated fair market value of $25,000.00 or more must be declared surplus by a resolution of the city commission before the Chief Procurement Officer may dispose of said surplus supplies. The City Manager is recommending that the City Commission authorize the City to proceed with the direct sale of the Commercial Fryer, nine (9) tables, eight (8) stools, a Salad Prep Station, thirty-six (36) chairs, and a Commercial Griddle to the Tenant, pursuant to Section 2-879 of the Procurement Code.”

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: A Resolution of the Coral Gables School Community Relations Committee urging the City Commission to support and request Miami-Dade County Public Schools to ensure that there are self-contained classrooms for students with disabilities in public elementary, middle, and high schools within the City’s boundaries.

“On December 1, 2021, the Coral Gables Advisory Board on Disability Affairs (the “DAB”) passed a resolution urging the City Commission to support and request Miami-Dade County Public Schools (“MDCPS”) to offer self-contained classrooms for students with disabilities in public elementary, middle, and high schools located within the City’s boundaries. This resolution was presented to the School Community Relations Committee (“SCRC”) on December 17, 2021, and a request was made for the SCRC’s support. The SCRC previously discussed self-contained classrooms for students with disabilities at its meetings on October 15, 2021 and November 19, 2021 and had passed a resolution in November in support of exploring the feasibility of adding a self-contained autism classroom to a Coral Gables elementary school and designating Jennifer Ward Sando as the point person of this initiative and authorizing her to speak about this initiative to other boards and committees. The SCRC supports the DAB’s belief that City residents should be entitled to all services required to assist a child with a disability within the child’s neighborhood public school.”

2-2: A Resolution of the Coral Gables Advisory Board on Disability Affairs urging that the City Commission support and request Miami-Dade County Public School to ensure that there are self-contained classrooms for students with disabilities in public elementary, middle and high schools within the City boundaries.

“The Board advises and provides input to City staff regarding matters affecting individuals with disabilities in an effort to support inclusion and full and effective participation of individuals with disabilities within the City. The Federal Individuals with Disabilities Education Act (IDEA) requires school districts to make a free appropriate public education (FAPE) available to students with disabilities ages 3 through 21. FAPE must include special education and related services that are provided by the public school system at no cost to the parent, which meet the standards of the state and which are in conformity with the student’s individual educational plan (IEP). One related service offered by Miami-Dade County Public Schools for students with disabilities are selfcontained classrooms. A self-contained classroom is a class composed of children who would benefit from special services within a structured classroom composed solely of children having special needs. In a self-contained classroom, students share similar academic requirements. The Board believes that City residents should not have to take their children to public schools outside of the City because there are no self-contained classrooms in a public school within the City. The Board believes that City residents shall be entitled to all services as required to assist a child with a disability within the child’s neighborhood public school. On December 17, 2021, the Board presented this resolution to the School Community Relations Committee and requested their support. The Committee voted and passed the same resolution.”

Ordinances On Second Reading

F-1: An Ordinance of the City Commission authorizing terminating the existing Lease and entering into a new Lease with Coral Gables Congregational Church, Inc ., a Florida non-profit corporation, for the surface parking lot within the platted right-of-way bounded on the north by Malaga Avenue, on the south by Anastasia Avenue, on the east by De Soto Boulevard, and on the west by Columbus Boulevard, for a period of five (5) years and with two (2) additional, 5-year renewal options, at the City’s discretion; Providing for a severability clause, repealer provision, and providing for an effective date. Lobbyist: N/A.

“Pursuant to Resolution No. 26231 (adopted on July 21, 1987), on February 2, 1989, the City of Coral Gables (the “Landlord”) and Coral Gables Congregational Church (the “Tenant”) entered into a Lease Agreement (the “Existing Lease”) for the surface parking lot within the platted right-of-way bounded on the north by Malaga Avenue, on the south by Anastasia Avenue, on the east by De Soto Boulevard, and on the west by Columbus Boulevard (the “Premises”). The Existing Lease term was for ten (10) years and provided for ten (10) additional 5-year renewal options. Pursuant to the Lease renewal options, Landlord and Tenant renewed the Lease on February 2, 1999 (1st option). Lease renewals also occurred pursuant to Resolution No. 2005-71, adopted April 26, 2005 (2nd Option), and to Resolution No. 09-0463, adopted July 7, 2009 (3rd Option). Landlord and Tenant also renewed the Lease on February 2, 2014 (4th Option) and February 2, 2019 (5th Option) pursuant to shared correspondence. In 2019, Tenant notified Landlord of its intent to reseal and restripe the surface parking lot at the Premises (the “Tenant’s Work”) and Landlord determined that in order to perform Tenant’s Work and abide by Miami-Dade County Ordinance No. 01-196, lighting would need to be installed (the “Landlord’s Work”) on the Premises. Landlord also determined that the existing Lease pertained to Premises that consist of platted rightof-way, and as such, lacked the necessary right of termination and appropriate use and occupancy provisions required by applicable law. As such, Landlord and Tenant are requesting authorization to terminate the Existing Lease and enter into a new Lease with the following terms and provisions:
 Term and Renewals: Initial five (5) year term with two (2) additional, 5-year renewal options, at the City’s discretion.
 Rent and Escalations: $1,200 increasing at 3% per year throughout initial term and renewals.
 Landlord’s Work: Landlord will install lighting on the Premises at its own cost and expense. (Initial FPL Installation Cost-$3,404.71; $354.65 monthly electricity and maintenance cost thereafter).
 Tenant’s Work: Tenant shall reseal and restripe the surface parking lot at the Premises and upon completion of Tenant’s Work (not to exceed $2,800.00), Landlord will deduct $200.00 from the monthly rent until the Tenant’s Work
$2,800.00 is reimbursed in full.
 Right of Termination: Landlord shall have the right to terminate this Lease, for any necessary reason upon at least sixty (60) days written notice to Tenant, or sooner if the termination is deemed urgent by Landlord.
 Use and Occupancy: Tenant acknowledges that Tenant’s use and occupancy of the Premises for a public purpose are a material inducement for Landlord to lease the Premises to Tenant. The Tenant will use and occupy the Premises for the no other use or purpose that the public use as a surface parking lot for Tenant’s visitors and/or employees.
 Landlord will have sole and exclusive use of the Premises on July 4th of every year between the hours of 7:00 AM and 11:59 AM to use for overflow parking for the City’s Independence Day celebration. When the 4th of July falls on a Sunday, Landlord’s use of the Premises shall only commence at 2:00 PM instead of 7:00 AM.”

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 3, “Uses,” Section 3-206, “Home Office,” to provide additional requirements and allowances for a Home Office consistent with the requirements of Chapter 2021-202, Laws of Florida; providing for a repealer provision, severability clause, codification and providing for an effective date. ( 12 08 2021 PZB recommended denial, Vote 7-0).

“No changes have been made to the proposed Zoning Code text amendment. A home office has been permitted in single-family residences for the past several years under City Attorney opinions CAO 2013-016, CAO 2013-025, and CAO 2016-086. In 2017, Zoning Code text amendments were adopted related to the conservation of the North Ponce area which included ‘home office’ as a permitted use within the district’s multi-family zoning. The Home Office definition closely resembled the former City Attorney opinions to be consistent with what was currently being allowed in single-family. During the 3-year Zoning Code Update process, relevant City Attorney opinions were incorporated into the Zoning Code. Therefore, the Home Office regulations were expanded to apply to all residential districts. However, during the 2021 legislative session, the State Legislature enacted Chapter 2021-202, which imposes certain requirements and allowances on home-based businesses throughout the state. Therefore, Staff is now proposing to amend Section 3-206 “Home Office” of the Zoning Code to incorporate additional requirements and allowances to a home office in order to comply with the Chapter 2021-202.
The additional requirements and allowances that are proposed include:
• Maximum of 2 staff members
• Subject to applicable Business Taxes

• Allow office to exceed 25% of the gross floor area of home
• Not restrict the type of business, except short-tenn rentals, boarding houses, hotels, motels, or bed and breakfasts
• Clarify that commercial signage is not allowed
• Prohibit parking in swales
• Clarify that the Home Office shall not create a nuisance as stated in Article VI or XI in the City Code
• Allow receiving of clients/customers
• Clarify the requirement for a no fee Certificate of Use

Planning & Zoning Board: At the December 8, 202 l, Planning & Zoning Board meeting, the Board members had strong concerns about the impact of the imposed requirements and allowances by the State Legislature to the single ­family neighborhoods of Coral Gables. As such, the Board unanimously recommended denial of the proposed text amendments. The draft Ordinance of the Zoning Code text amendments is provided as Exhibit A.

F-3: An Ordinance of the City Commission amending Chapter 1, “General Provisions”, Section 1-2, “Definitions and Rules and Construction” by designating Juneteenth, June 19th as an official City holiday; Providing for severability clause, repealer provision, codification, and providing for an effective date.

“The City Commission of Coral Gables desires to provide a definition for holiday in order to maintain consistency in the City Code. The other applicable sections of the City Code define holiday to include those days recognized as a holiday by the City. June 19th is recognized as Juneteenth, the day that commemorates the end of slavery in the United States. Juneteenth has long been an important holiday in the African American community, as a time for celebration rather than mourning and remembrance. Juneteenth has been designated a federal holiday and a Miami-Dade County holiday. The City Commission wishes to designate June 19th as an official city holiday for all employees.”

Ordinances On First Reading

F-4: An Ordinance of the City Commission authorizing the City to enter into a Lease with SRA Coral Gables Restaurant, LLC, a Delaware limited liability company, dba SRA. Martinez with regard to the City-owned property 2325 Galiano Street, Coral Gables, Fl 33134 for a period of fifteen (15) years and with two (2) additional, five-year renewal options, at the City’s discretion; providing for a repealer provision, severability clause, and providing for an effective date. (TIME CERTAIN 10:30AM).

Click here to see cover memo.

F-5: An Ordinance of the City Commission providing for text amendments to the City of Coral Gables Official Zoning Code, Article 4, “Zoning Districts,” Section 2-100, “Residential Districts” and Article 5, “Architecture,” Section 5-200, “Mediterranean Standards;” to remove the Mediterranean Bonus of height and floor area ratio (FAR) or reimpose Mediterranean bonus provisions for Multi-Family 4 (MF4) properties south of Biltmore Way; providing for severability clause, repealer provision, codification, and providing for an effective date. (Sponsored by Commissioner Anderson).

This item will be deferred to the February 22, 2022 Commission Meeting.

City Commission Items

G-1: Discussion regarding metal roofs in Coral Gables. (Sponsored by Mayor Lago).

G-2: Discussion regarding maintenance of City trees for removal of dead, diseased or damaged branches and strangler figs or other Ficus specimens. (Sponsored by Commissioner Anderson).

City Manager Items

I-1: Presentation on Smart Districts – Broadband Infrastructure Expansion Project.

I-2: Staff report on Ordinance No. 2021-22, creating an exemption for outdoor amplified live must on private property in the Central Business District.

I-3: Communications social media update.

I-4: Update regarding Miami-Dade County Local Mitigation Strategy Progress Report.

Click here to see the Manager’s memo.

I-5: A Resolution of the City Commission authorizing the acceptance and execution of grant funds in the amount of $400,000 allocated to the Coral Gables Police Department from the 2021 BJA FY 21 Body-Worn Camera Policy and Implementation Program to Support Law Enforcement Agencies; and authorizing an amendment to the Fiscal Year 2021-2022 Annual Budget to recognize the $400,000 in grant funds as revenue and to appropriate such funds to cover the grant expenditures.

“The U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (BJA) has awarded the City of Coral Gables Police Department a BJA FY 21 Body-Worn Camera Policy and Implementation Program to Support Law Enforcement Agencies grant in the amount of $400,000 to establish a comprehensive body-worn camera (BWC) program within its agency. The City received notification that grant application 13420777 was successfully reviewed and approved by the BJA on December 17, 2021. Award number 15PBJA-21-GG-04446-BWCX grants the City of Coral Gables Police Department this total of $400,000 over a three-year period. In conjunction with matching dollars provided by the City, these monies will fund the purchase of BWCs as part of the creation and implementation of a new BWC program that will assist with the agency’s problem-solving and community-engagement strategies, as well as help to increase both trust and communication between our Police force and the community they serve. An amendment to the Fiscal Year 2021-2022 Annual Budget is required to recognize the $400,000 grant funds as revenue and to appropriate such funds to cover the cost of the grant expenditures.”

I-6: A Resolution of the City Commission of the reappointing Aramis “Mitch” Alvarez as the Special Master presiding over quasi-judicial public hearings for the Board of Architects pursuant to Sections 14-103.2 and 14-103.3 of the Coral Gables Zoning Code.

“The Coral Gables Zoning Code outline the qualifications and responsibilities of the Special Master presiding over quasi-judicial public hearings for the Board of Architects. The Special Master must be a registered architect or landscape architect responsible for the design and construction of projects within the City of Coral Gables during the last five (5) years and shall have a minimum of ten (10) years’ experience in their profession and shall either be a resident or have their principal place of business in the City of Coral Gables. Arais “Mitch” Alvarez was appointed as the Special Master presiding over these hearings in Resolution 2017-257 and Resolution 2020-61. The City Manager would like to reappoint Mr. Alvarez for an additional two-year term as Special Master.”

I-7: A Resolution of the City Commission approving entering into an agreement with Art Conservators Lab to complete public art restoration of approximately 15 artworks; and authorizing an amendment to the Fiscal Year 2021-2022 amended budget to recognize as revenue a transfer from the Art in Public Places reserve, and appropriating such funds to put toward the cost of the restoration project.

Click here to see presentation.

I-8: A Resolution of the City Commission authorizing the City Manager to evaluate and negotiate lease terms regarding the Coral Gables Country Club, the city -owned property located at 997 North Greenway Drive, Coral Gables, FL 33134 with BTW Investments, LLC pursuant to Division 12 (Purchase, Sale, and Lease of Public Property) of the City’s Procurement Code. (Provided that a Lease is negotiated, the proposed Lease will be subject to the Advisory Board approval process pursuant to Division 12, Section 2-1094 and will ultimately be presented to the City Commission for their consideration and final approval.) (TIME CERTAIN 10:00AM).

“On April 19, 2021, at the direction of the City Manager, the City’s Procurement Division published a Request for Proposal (RFP) for the tenancy and operation of the Coral Gables Country Club. The initial bid meeting included several interested parties. However, by the original May 24, 2021- RFP deadline, Procurement had received only one proposal from BTW Investments, LLC dba Barreto Hospitality (the “BTW Investments”). In order to allow for additional submittals, Procurement extended the RFP deadline twice until June 21, 2021. No additional RFP proposals were received by the June 21, 2021 deadline. On July 2, 2021, Procurement determined that the BTW Investments proposal was nonresponsive as it did not meet the minimum qualification requirement in the RFP. October 12- November 2, 2021, the Economic Development Department (the “Department”) re-advertised to request proposals from any interested parties for the tenancy and operations of the Coral Gables Country Club. The Department received only one proposal which was also from BTW Investments. Provided that a Lease is negotiated with BTW Investments, the negotiated/proposed Lease will be subject to the requirements of Division 12 of the Procurement Code, Section No. 2-1094. Therefore, the negotiated/proposed Lease will be presented for recommendation and approval to the Property Advisory Board, the Economic Development Advisory Board, and the Budget and Audit Advisory Board. After the three (3) Boards make their recommendations, the Lease will ultimately be presented to the City Commission for their consideration and final approval, which may include a waiver of the requirements set forth in Division 12, should the City Commission find that proceeding is in the best interest of the City”