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HomeMy WebLinkAboutR-94-0350J-93-766 5/23/94 IN RESOLUTION N0. A RESOLUTION ELECTING AND REAPPOINTING A. QUINN JONES, III, AS CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA, TO HOLD OFFICE AS PROVIDED FOR IN THE CITY CHARTER; AND FIXING SALARY AND BENEFITS FOR SAID REAPPOINTEE. WHEREAS, the City Charter provides that the City Commission shall elect and appoint a City Attorney; and WHEREAS, the City Commission is obligated to elect and appoint a City Attorney to hold office until the first Commission Meeting following the next regular City election, as provided for in the City Charter; and WHEREAS, the City Commission, at its meeting of November 23, 1993, deferred the election and appointment of the City Attorney until April 1994; and WHEREAS, A. Quinn Jones, III, has competently performed his duties as City Attorney in a capable and professional manner; and WHEREAS, the City Commission directed that the City Attorney, City Clerk and Assistant City Clerk be granted a ten percent (10%) increase in salary in addition to the equivalent amount to be applied for pension purposes; CITY COMMISSI0Id' MEETING OF Resolution No. 4- 350 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Seotion 1. A. Quinn Jones, III, is hereby eleoted and reappointed as City Attorney of the City of Miami, Florida, to hold offioe until the first meeting following the next regular municipal eleotion, as provided for in the City Charter. Seotion 2. A. Quinn Jones, III, is hereby granted a ten percent (10%) salary inorease based upon his present salary, to beoome effeotive May 23, 1994. Seotion 3. It is further granted that, for pension purposes, the annual salary for A. Quinn Jones, III will be $139,130.76, to beoome effeotive May 23, 1994. All salary inoreases for pension purposes approved herein above A. Quinn Jones, III's annual salary of $105,600.00, less any increases in payroll deductions related to such salary increases, will be reimbursed by A. Quinn Jones, III to the City as long as he remains on the City's payroll. Section 4. A. Quinn Jones, III, shall be reimbursed by the City for his ten percent (10%) employee contribution, or he may, at his option, partioipate in any one retirement program whioh heretofore has been authorized by ordinance of the City of Miami, Florda. -2- Seotion S. A. Quinn Jones, III, is further entitled to all benefits upon the same terms and oonditions presently existing. Seotion 6. This Resolution shall beoome effeotive immediately upon its adoption. PASSED AND ADOPTED this 23rd day of May , 1994. STE HEN P. CLARIt, MAYOR ATT NATTY HIRAI CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: A . ' QUYNN JPNZB, III CITY ATTOP2Y AQJ:osk:M3922 -3- 004— 350 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM P� r . eT-93-7'65 Honorable Mayor and Members DATE Mardi 23, 1994 F,LE : J'-93''� TO . of the City Commission FROM : A. t III City SUBJECT : Election and Appointment of City Offioers REFERENCES: City ty Meeting April 14, 1994 ENCLOSURES: (2) The provisions of the City Charter require that the City Commission eleot and appoint the -City Clerk and City Attorney to hold offioe until the first meeting following the next regular City eleotion. The City Charter also provides for the appointment of the City Manager, however his term of offioe is indefinite. At the November 23rd City Commission Meeting the City Commission deferred the eleotions and reappointments of the City Attorney and City Clerk until the April 14, 1994 Meeting. The attached resolutions are being submitted to the Agenda Offioe for placement on said Meeting Agenda. BSS:P944 oo: Cesar H.•Odio, City Manager Matty Hirai, City Clerk 94- 350 02 - fl f ,I In- 3.1; loclar mill le 0 TABLE OF CONTENTS Reporting Pcriod: Oct. 1, 1992 - Sept. 30, 1993 COMMERCIAL DIVISION Specializing in commercial, financial, transactional, and contractual matters, the Commercial Division is also responsible for collection actions on behalf of the various city departments. An important function of the division is the coordina- tion, review, and monitoring of bond issues which origi- nate from client departments and are prepared upon approval of the City Commission. Due to the highly spe- cialized nature of document preparation and time sensi- tive knowledge of the municipal bond market, bond offer- ings are prepared by outside bond counsel with the assis- tance and supervision of the division chief. In the event the bond issue is validated through the courts, the division's attorney acts as counsel during the proceedings. During this reporting period, the division has worked in conjunction with the Finance Department and bond counsel to successfully market the following issuances: General Obligation Refunding Bonds, $ 70,100,000 Series 1992 * General Obligation Refunding Bonds, 31,860,000 Series 1993 * Parking System Revenue Refunding Bonds, 15,510,000 Series 1993A .1 Industrial Development Revenue Refunding 16,570,000 Bonds (Bayside Center Ltd. Partnership Project) Series 1993 and Taxable Series 1993 Total $ 135,040,000 As a result of the above transactions, the city will real- ize $16.5 million in savings due to advanced refunding at substantially lower interest rates. Additionally, a Tax Anticipation Notes, Series 1993, issuance totaled $30,000,000. Collection actions are also initiated and defended in foreclosure of city housing and community development loans, special assessments and other municipal liens. Checks which are returned for nonpayment and recovery of outstanding indebtedness from unpaid city leases or recovery of outstanding indebtedness from unpaid city leases or permits are also addressed. Summary of collection efforts this reporting period: * Special Assessment Liens $ 5,043 * Miscellaneous Collections $ 143,324 A real estate attorney in this division is assigned to work within the Department of Development and Housing 2 Conservation to primarily facilitate loans made to quali- fied organizations or individuals for the acquisition, con- struction or rehabilitation of affordable housing facilities. Upon completion of the project, apartment units may be rented or direct loans extended to qualified individuals for the purchase of single-family homes. The housing market for these facilities is families or individuals of low to mod- erate incomes. The attorney also monitors the loan pay- ment process and expedites the collection of past due accounts when necessary. Most of these loans are federally funded and many through what is referred to as the HOME Program. This reporting period, major loans were extended to four orga- nizations for the rehabilitation of multifamily rental pro- jects located in the Overtown and Liberty City area of Miami. This past year 127 units were rehabilitated under this Program. Loans extended this year under the 11013E Prognun: .k United States Aviation Security, inc. $ 523,200 Devecorp. 1,347,865 Colon Building, Inc. 350,000 1 GVI 140,000 The HOPWA Program is also a federally funded program specifically for the rehabilitation or construction of affordable rental units to be made available to those persons with HIV/AIDs or related diseases. In this instance, the city is the conduit and facilitator of these grant funds county -wide. This year, the city received a total of $4,697,000 in HUD grant funds in furtherance of this program and the following community based devel- opment organizations located within the city were recip- ients of these funds. These not -for -profit organizations are charged with rehabilitating affordable housing units for the above market. 1: Economic Opportunity Family Health $ 1,143,000 Center, Inc. .1: Lock Town Community Mental Health 1,433,392 Center,lnc. :1, Christian Community Service Agency 569.652 Additionally, contracts for special events, use permits grants, leases, agreements, and other instruments to which the city is a party, as well as the enabling legislation, are reviewed and edited for proper form and correctness prior to execution. The attorneys also act as legal advisors on behalf of the city in pre -contract negotiations. During the past fifteen months, over 800 contracts were processed representing more than $43,000,000. Contractual transactions and negotiations included: ♦ Participation in the preparation of an interlocal agree- ment and attendant land lease between the City and Dade County involving the proposed expansion of the Port of Miami into what is now Bicentennial Park. Negotiations concerning this issue are continuing as of the time ofpub- lication of this report. ♦ On behalf of the city, participated in the agreement between the City of Miami and Bedminster, Inc. which will involve the construction and installation of a com- posting plant to be located in Southwest Dade County. The plant will process a substantial portion of the city's solid waste and transform it into compost for use in the agricultural industry. The plant will also save the city millions of dollars in solid waste disposal fees. In addition, the commercial division is continuing to pursue the enact- ment of an interlocal agreement with Dade County concerning the diver- sion of solid waste to the Bedminster facility. ♦ On behalf of the Public Works Department, reviewed and advised on documentation and contracts relating to the $3,000,000 reconstruc- tion of Dinner Key Marina in Coconut Grove and the downtown Nliamarina as a result of damage by Hurricane Andrew. In the area of procurement services, the division, in conjunction with the General Services Administration and other departments, ensures that proper contracting procedures are adhered to in the city's purchase of goods, supplies, equipment, plus personal, professional, and technical services. All steps in the procurement process are reviewed and counsel is rendered as to the propriety of imitations for bids, requests for proposals (RFP's), competitive selection procedures, and solicitation of quotes. Consultation and advice on bid protests are also rendered and a division attorney revised the Miami City Code to update the bid protest procedures. The amend- ment has saved processing time and reduced the number of frivolous protests. In an effort to offer a competitive edge to local ven- dors bidding for city contracts, at the City Commission's behest, a division attorney drafted a "local preference ordinance". Succinctly, when the lowest responsible and responsive bid is received from a non -local vendor when contracting; for personal property, public works or improvements, the City Commission may offer to a responsible and responsive local bidder (one whose pri- mary office is located in the City of Miami) the opportu- nity of accepting a contract at the low bid amount, pro- vided that the original bid from the local vendor does not exceed 110 percent of the low bid. The Commercial Division also represents several city boards and committees including the Department of Off - Street Parking (DOSP). The division chief is legal coun- sel to this board and has participated in several important negotiations this year. Of particular merit: ♦ Rendered legal assistance to the Off -Street Parking Board in the preparation and issuance of several Requests for Proposals for garage services, such as fleet maintenance, car washing, and billboard advertis- ing. ♦ Participated in negotiations and agreement concerning the renova- tion of the city -owned downtown Olympia Building. Olympia Building Partners, Ltd., the new developer, plans to renovate the building for a mixed -use project consisting of affordable housing units and commercial establishments. Once completed, this renovation will be a major adjunct to the revitalization of downtown Miami. ♦ The on -going matter involving the Coconut Grove Playhouse, the City of Miami, and the State of Florida continues to be a major issue addressed by counsel and DOSP. ♦ Involved in issues and negotiations concerning the City of Miami, Mianli Sports & Exhibition Authority and the Miami Arena and the Marine Stadium. Although all division attorneys may act as counsel to one or more city boards, agencies, or committees, the Commercial Division is ultimately responsible for the rendition of legal services to of all of these organizations to ensure that they operate properly and conduct busi- ness in accordance with established law. 3 LABOWEMPLOYMENT DIVISION The legal aspects of all City of Miami labor/cmploy- ment matters are handled by this division. A major por- tion of the wort: of this division is devoted to providing legal advice and guidance to city management in an effort to avoid costly litigation resulting from employment deci- sions or actions that arc inconsistent with the require- ments of state and federal constitutional, statutory, and decisional law. Counsel is also given regarding comph- ance with the city's personnel rules and collective bar- gaining agreements. In addition to defending the City of Miami in employment litigation in state and federal court, attorneys in this division are also responsible for representing city management in employee grievances and appeals before the city's Civil Service Board, the Public Employees Relations Commission, the Dade County Equal Opportunity Board, and in labodarbitration matters. Workers' compensation cases are also litigated by division attorneys. These attorneys, in conjunction with Risk Management, strive to effectuate the purpose of the State or Florida's Workers' Compensation Law by ensuring that bona ride claims are handled expeditiously and by defending the city against claims that are not meritorious. Significant accomplishments of this division have been numerous. During this reporting period, attor- neys in this division: ♦ Obtained a judgment for the city in protracted 14-year litigation involv- ing an employee's claim that he was entitled to a pronio- tion, back pay, and attorneys' fees because of the city's failure to promote him in 1978. ♦ Obtained an order of dismissal in which the Miami Community Police Benevolent Association alleged that the City of Miami had illegally discriminated against four public service aides who were either removed from or nor admitted to a class for City of Miami police officer recruits. The case was not refiled. ♦ Negotiated an agreement in federal court litigation in which the plaintiff, a former city employee, consented to the dismissal of his claim against the city without the pay- ment of any money to either the plaintiff or his attorney ,assisted City Management in, restructuring the Gates Case settlement and obtaining a court order a.pproving the restructured settlement. and without reinstating the plaintiff to his employment Nvith the city. In the lawsuit, which had the potential for profuse damages, the former employee alleged that the city had violated his civil rights under several federal statutes, including 'Title V11 of the Civil Rights Act of 1964, and had damaged his reputation. ♦ Won fourteen out of twenty nine cases litigated before the Civil Service Board and negotiated amicable resolu- tions in several others. ♦ Obtained a federal court order denying the most recent union -sponsored motion to dissolve the 1977 consent decree as it relates to the hire Department. ♦ Assisted city management in restructuring the Gates Case settlement and obtaining a court order approving the restruc- tured settlement. As a result of the resettlement, frozen liability was eliminated from the schedule of pay- ments resulting in a future savings to the city of approximately $128 mil- lion; substantial cost of living adjust- ments can now be expected by pre- sent and future police and fire retirees, and the evaluation method of funding police and fire pension was modified thus reducing the city's pension contribution for the current fiscal year by approximately $2.5 million. ♦ Created a structure for the city's recycling program using a unique indirect system in which the Sanitation Employees Association assumed the responsibility for implementing the program and for contracting with and managing outside employees involved in the program. ♦ Created a fifteen -point analysis system for use by city departments to assure compliance with the law when making certain employment decisions that implicate the Americans with Disabilities Act (ADA). The analysis system was also provided to the Broward County Attorney's Office. ♦ Developed, in conjunction with the city's labor rela- tions officer, a name -clearing procedure that may be used in connection with certain employment actions. ♦ Prevailed in litigation involving a claim for permanent total disability. in cooperation with Risk Management, 7 I attorneys presented evidence at trial which disproved the claim, saving a potential exposure in excess of $100,000, excluding attorney's fees. ♦ Obtained a very favorable settlement at mediation in which the city was a codefendant, along with Metro - Dade County and a construction company. The county paid $15,500, the construction company, $25,000, and the city $2,000. ♦ Negotiated a settlement regarding a potentially costly disability claim involving injury to a city employee. Back compensation and future exposure was well in excess of $150,000. A complete washout in the amount of $15,000 was obtained. ♦ Successfully washed out an injury claim in the amount of $20,000. This case had potential costly exposure to the city in the amount of $15,000 plus an entitlement, under present work- ers' compensation law, to ten years of wage loss, plus attorney's fees. ♦ Obtained reimbursement for the city in excess of $1,380,000 for com- pensation claims from the State of Florida Special Disability Trust Fund. ♦ Won nine post-1973 pension off -set cases in which the city had a poten- tial exposure of $650,000. In addition to working closely with city management, this division provides legal assistance to autonomous agencies with respect to labor/employment matters and also interacts with non - city groups. For example, during this reporting period, division attorneys: ♦ Analyzed and edited a comprehensive personnel and policy manual for the Miami Parking System. ♦ Conducted a management workshop and wrote collat- eral materials for the Miami Parking System regarding sexual harassment and other forms of illegal discrimina- tion under federal law. ♦ Presented a workshop for the Broward County Attorney's Office on issues relating to the handling of labor/employment matters by in-house counsel. ♦ Addressed the Florida Women in Government meeting regarding the issue of sexual harassment. This division also provides legal counsel to the Police Department with two full-time legal advisors who work at the Police Department. One of the attorneys is a for- feiture litigation specialist whose practice focuses on for- feiture collections or seizure of illegal contraband and property. Under state statute, the Miami Police Department is empowered to seize and retain illegal assets obtained as a result of "drug busts", "sting opera- tions", and other illicit activities. The proceeds from these forfeiture actions arc deposited into the Law Enforcement 'Trust Fund. This reporting period more than $3,800,000 was generated by successful forfeiture actions. Statistics for this period show: ♦ The Forfeiture Unit processed approximately 145 asset forfeiture cases involving the seizure of cash. vehicles, vessels and miscellaneous property. ♦ Currently there arc approximately 39 pending cases which were con- ducted in conjunction with federal law enforcement agencies. ♦ Approximately 62 forfeiture cases were filed in circuit court. A second police legal advisor is responsible for rendering legal advice and training to police officers to assure that all police actions are undertaken pursuant to applicable statutes, ordinances, and depart- mental policies. Additionally, this attorney represents the Police Department and individual officers in all contempt pro- ceedings in court. Approximately five to ten contempt proceedings per month are defended. In the past year, the city prevailed in each case. In accordance with the Public Records Act, the legal advisor must make a deter- mination as to the records and information that can be amide available to the general public and represents the city in all challenges by the media regarding access to public records in the Police Department. The attorneys in the Labor/Employment Division are also responsible for drafting or editing ordinances and resolutions for the police, fire, and community develop- ment departments as well as legislation dealing with bal- lot or elections issues. 5 GENERAL LITIGATION The General Litigation Division consists of seven attorneys whose primary responsibility is that of defending the city, its employees, and public officials against lawsuits at trial and on appeal in state and federal courts. The scope of representation includes cases involving public officials' liability, civil rights vio- lations, commercial and construction actions, and personal injury. The attorneys also work closely with the Risk Management Department in pretrial negotiations to facilitate the settlement of many claims. On October 1, 1992, 576 cases were open and pending; of these, 300 represented new cases. One hundred eighty-six were closed and, as of September 30, 1993, 690 were open and pend- ing. Cases closed by judicial determination totaled 123, of which 97 were won and 26 lost. Of the remaining 63 closed cases, 4 were settled by an insurance carrier in which the city collected a total of $137,039. Fifty-four cases were closed by negotiated settlement in the following amounts: (Figures rel7ected are a composite of litigation and appel- late cases fin• the Entph>.ynient and Labou/Policc Division and the General Litigation Division.) $ 0 44,500 27 4,501 - 10,000 10 10,001 - 20,000 7 20,001 - 50,0()0 5 50,001 - over 5 The appellate process, including research and case prepa- ration, involves filings in state and federal courts and which are initiated by division attorneys who specialize in appellate prac- tice. Appeals cover a broad range of practice including personal injury, 42 U.S.C. Section 1983, workers' compensation, con- struction and commercial litigation. Appeals may also arise from action taken by the Civil Service Board, Code Enforcement Board or the Miami City Commission. During the reporting period, approximately 20 appellate matters were concluded. Fifty appellate matters and original proceedings are presently pending. Noteworthy appellate decisions included: ♦ !Historic Preservation. - In November, 1993, the Dade Circuit Court, Appellate Division, upheld the validity of the city's Ilistoric Preservation Ordinance. The city's Historic and Environmental Preservation Board had designated a residential area in the northeast section of the city as historic. One of the property owners in this enclave was adverse to the designation, and claimed that an unlawful dele- gation of power had been given the Board plus allegations of numerous unconstitutional violations. The case drew much local and national media attention and 6 numerous amicus briefs were filed to sustain the city's ordi- nance, including a brief by the National 'Trust for Historic Preservation in Washington, D.C. ♦ Homeless - in June, 1993, the united States Court of Appeals, Eleventh Circuit granted the city's motion for stay of the 79-page, November 16, 1992 landmark order entered by Judge Atkins. The order directed the city to establish two arrest -free "safe zones" within the city for the homeless. The city appealed this decision before Judge Atkins and the motion was denied. The subsequent entry of stay (no legal obligation to comply with a court order while an appeal is pending) by the Eleventh Circuit is very significant because very exacting crite- ria must be met before such a motion can be granted. The case is still pending. ♦ i i-ongfal Death - in October, 1993, the Third District Court of Appeal affirmed a summary judgment entered in favor of the city in a wrongful death action. A suit was filed against the city by the plaintiff's decedent alleging that Miami police officers were negligent in the methods by which they attempted to arrest the decedent, un alleged suicide risk. As a result, the decedent drowned himself in a canal rather than submit to arrest. The Third District sided with the city and concluded that the precautionary actions of police officers when arresting an allegedly mentally disturbed or suicidal person are immune from civil liability because 1) such decision constitutes a discre- tionary police function, and 2) no special duty of care is owed by the police to an arrester under such circumstances. The practice of municipal law requires a diverse and spe- cialized legal staff. The City of Nliami Code and ordinances which constitute the governing foundation of the city must often be defended in court as well as the City's Master Plan which delineates the future growth of the community. A noteworthy example of this practice included: ♦ Itousehoat.Mve-a boards - A December, 1992 ruling by the I Ith Judicial Circuit Court stated that a 1987 city ban of houseboats on the Little River and portions of the Miami River was constitutional. The city, in an effort to rid the waterways and canals of pollution and visually enhance the areas, enacted comprehensive zoning ordinances to address these problems. As a result, a number of live-aboards challenged these laws and cases were tiled in court resulting in lengthy and full trials. These were very high profile cases and generated much media Publicity and public sentiment on both sides of the issue. The decision in favor of the city is a precedent setting endorsement of the city's position on this matter and the comprehensive zon- ing ordinances. At present two of the cases are on appeal. Other representative accomplishments included: ♦ "Old .fail" Lease - In 1981, Dade County leased the second floor of the old Municipal Justice Building from the city for use as a jail to handle an overflow prison population. The lease set the rent at $1 per year unless the county received federal refugee assistance; then the rent would go to $144,000 :t year. Federal refugee assistance was forthcoming, but the county continued to pay $1 per year. In August 1992, the city filed suit seeking the $1.7 million in back rent plus eviction of the coun- ty from the building. The highly volatile and publicized case was settled in November, 1993 with the county agreeing to pay the city $1.6 million in back rent plus $17,000 per month there- after, or $204,000 per year. ♦ Fire -Rescue - The city prevailed in another headline making case in June, 1993. In 1990, fire rescue paramedics responded to an emergency medical call. Upon arrival at the home a large snarling Doberman pinscher barred their way. After gaining access some minutes later, the patient, suffering from an asth- ma attack, was unconscious. All efforts at resuscitation were unsuccessful, and the patient was later pronounced dead at the hospital. The subsequent lawsuit, tiled by the decedent's hus- hand, alleged negligence on the part of the city and fire rescue. The city defended on the basis that the decision not to put the safety of the paramedics in jeopardy was protected by sovereign immunity. 'rile case resulted in a jury verdict against the city of $159,000. The Court of Appeal reversed, however, ruling that sovereign immunity barred any finding of negligence. The Florida Supreme Court's subsequent refusal to hear the case resulted in a complete victory for the city and a precedent set- ting vindication of the city's fire rescue policy. ♦ Wrongful Deatli - The city was successful in a much publi- cized lawsuit which involved a 17-year-old mother being assaulted by her adult boyfriend while enroute to school. She reported the incident to the school authorities, who, in turn, notified the Miami Police Department. She subsequently tilled out a police report and while at the police station, advised that the offender had further threatened to kill her. The police took no action to arrest the Horn. A few days later, the offender f:ltal- ly stabbed the young girl. A wrongful death action was filed against the city on behalf of her estate and for the benefit of her minor child. The city prevailed on a motion for summary judg- ment on the theory that the city did not have a legal duty to pro- tect her from the offender. Division attorneys continue to conduct educational semi- nars for the Police Department and also serve as legal advisors for city boards and committees. Examples of the work in which they were involved this period included: ♦ The Miami River Coordinating Committee, with the assis- tance of a division attorney, is presently drafting recommenda- tions advancing the need for a Harbor Master on the highly traf- ficked and environmentally sensitive Miami River. ♦ The Miami Waterfront Board was instrumental in presenting a referendum to the voters that changed the City Charter to exempt not -for -profit organizations who are leasing city -owned waterfront property from having to obtain voter approval for extension or renewal of their leases. The Charter Amendment was drafted by an attorney in the Planning/Development Division who is a specialist in city -owned land leases. ♦ The Nuisance Abatement Board (NAB-), since its inception in 1992, continues to render a valuable service to the city and its residents, last year, the board resolved problems with 28 prop- erties including several slum lord situations and demolished many crack houses. A case in point was the closure of an apart- ment building which was notorious for crack dealing. The action necessitated the relocation of 38 families. NAB's closure order was challenged in federal court, however this action was held to be constitutional. The former crack building is current- ly being rehabilitated by a group of private investors. 'file board's success is further evidenced by the declining statistics for prostitution arrests in the northeast corridor and the escala- tion in property values as reported in local newspapers. The board's innovative approach to combatting narcotics, prostitu- tion :Ind related nuisances within the city stems from a com- bined effort with area NET offices, police, local merchants and citizens. It is also the first municipal board to open its hearings for local cable access and has established a call -in question and answer period as well. The board's successful track record has prompted many nationwide requests from municipalities seek- ing to establish such a board. The attorney who serves as legal counsel to the board also served as a consultant to a Presidential Commission drafting the model Nuisance Abatement Statute. plans are in progress to host a NA13 workshop and organi- zational seminar through the Florida League of Cities in the fall of 1994. Other strides include the acquisition of a new hi -tech, low light video camera which will enhance the ability to present valuable visual evidence of nuisance activities. Amendments to the ordinance are also being proposed which would expand the board's scope of authority, permit the recovery of investigative costs and allow lien enforcement. During this reporting period adverse jury verdicts were ren- dered against the city in the following cases: Circa Ltd. vs.. City of Mianhi, Ilernhan Skinner vs. City of Miami, Perry L. Anderson Jr. vs. City of Miami. et al. The first two cases are presently on appeal. In the Anderson case, post trial motions for remittitttr and/or new trial on damages and judgment as a mat- ter of law are pending. In the event the rulings on the post trial motions are unfavorable, the city will appeal. In the case of Wauneda Neal. as natural parent and guardian of Antonio Edwards. incapacitated. vs City of Miami, at municipal corfhoration. etc.. et al, a settlement was negotiated in terms that were more favorable to the city than having gone to trial and sustaining a possible jury verdict in excess of $25,000,000. 7 PLANNING/]DLVLLOPMENT DIVISION Charged with the legal guidance and supervision of proper land use and growth management within the City of Miami, the planning/Developnlent Division is integral- ly involved in every facet of planning and land develop- ment from inception to completion. The three -attorney staff works closely with both the Zoning and Commercial legal divisions, city departments, land use hoards and independent authorities in assembling the package of development components necessary to achieve the most beneficial use of land within the city. The attorneys are land use specialists and routinely handle a diversity of related transactions and issues oil behalf of the city. Legal representation and advice are rendered with respect to the Miami Comprehensive Neighborhood Plan, the Zoning Ordinance, South Florida Building Code, real property acquisition, large scale development, unified development i roj-;cts, peomitting, impact fees, tax increment fin ,i+cing, use of public rights - of -way, eminent domain, as well as interpretation of fed- eral, state, county, and 10011 laws and regulations. A recent challenge to the city's right to regulate the use of public rights -of -way, relative to sidewalk cafes, was successfully overcome by it division attorney. That deci- sion further reemphasized the city's right to inlnlediately terminate such use \\,lien restaurant operators are found to be in noncompliance with code provisions. Last year, numerous eminent domain actions were handled by the division involving protection of the city's interests as the condemnee in actions filed by other gov- ernmental entities. Many of these cases resulted in pay- ment being made to the city. For example, a division attorney recently obtained an unprecedented financial windfall for the city in such an action. A local governmen- tal entity filed a condemnation action on a piece of prop- erty within the city, and the city was joined as defendant because of its interests which, among other thing, includ- ed a recorded, but previously uncollectible Code Enforcement lien in the amount of $10,000. The attorney was successful in collecting the full amount of the $10,000 lien - a significant accomplishment, because, as Ellis code violation was an ancillary action, it represented a drnunat- ic departure from the usual lien collection process. In most cases, lien collections repre- sent either partial payment of the indebtedness or the negotiated acceptance of a significantly lesser than owed amount. Resolutions and ordinances amending the City Code 8 vision in response to develop - arc also drafted by the dimental, environmental and public necessity, and upon governmental directive. For example: ♦ In an effort to enhance the area and project a more pos- itive inlage of the North Biscayne Boulevard "Gateway to Miami", an ordinance was drafted and adopted establish- ing commercial signage criteria and setting forth principal and conditional uses in the area. ♦ In March, 1993, a division attorney assisted in drafting the ordinance which established the "Coconut Grove parking improvement Trust Fund."'Phis innovative solu- tion to a long-standing and ever growing parking shortage in the Coconut Grove business district restructured park- ing and also redefined businesses that may be permitted on ground floor frontage of pedestrian streets. An impor- tant facet of the ordinance requires that businesses that are unable to provide onsite parking may re quest a waiv- er of the required spaces by payment of a fee per space. Upon approval of the waiver, the applicant pays the fee to the Department of Off -Street Parking (DOSP), which, in turn is deposited into the , "Coconut Grove Parking improvement Trust Fund." Seventy percent of these rev- enues are earmarked for the acquisition, construction, and operation of off-street parking facilities for the crowded and popular business district. ♦ A similar ordinance was drafted for the Silver Bluff com- mercial neighborhood. The area has enjoyed a resurgence of non -industrial business activity and available close proximity parking was insufficient. "The Silver Bluff Commercial parking Improvement Trust Fund" was established by ordinance and patterned after the one in Coconut Grove. This trust fund will also be maintained by the Department of Off Street Parking and will be used to create alternate sites for facilitating public off-street parking for the Silver Bluff commercial area. Additional accomplishments during this period included: ♦ The successful conclusion of the federal trial phase of the lengthy "Commodore Bay Case". A $10,000,000 claim against the city Nvas thrown out of court by a federal judge in granting the city's motion for Summary Judgment. This action concluded seven years of federal trials, and state and appellate litigation in a case wherein a developer had sued the city because the city refused to rezone an envi- ronmentally and historically sensitive parcel in Coconut Grove. The case is now on appeal in federal court. A com- panion challenge of the city's Comprehensive Plan desig- A.. nation of the parcel is scheduled for a state Administrative Hearing in July, 1994, ♦ Assisted with the preparation of the condominium doc- uments and legal instruments submitted for approval by the State of Florida for the $2.3 million Saint Hugh Oaks housing development located on 3.6 acres of city -owned property in Coconut Grove. This 23-unit project is presently under construction and is 50% completed. Target date for build -out is September, 1994. ♦ Negotiated and prepared the Major Use Special Permit for Mercy Hospital's extensive development project. Plans will include the construction of a 120-bed nursing home and an adjacent 650-car garage on the hospital's tract in Coconut Grove. ♦ Assisted in preparation of the solicitation of proposals, legislation and revocable permits for businesses to be located in the Overtown Shopping Center. The latest occupant is the 13,000 square foot Overtown Park West Cleaners owned by former Miarni Dolphin star center, Dwight Stephenson. ♦ October 4, 1993 saw several years of legal machinations and document preparation come to fruition when the Federal Law Enforcement Building, located in downtown Miami, was formally dedicated. This division in concert \vlth the Litigation Division has persevered and guided this project to completion in approximately seven years. ♦ The division continues to work with the Center for Health Technologies, Inc. (CHT), a nonprofit organiza- tion currently leasing 50,000 square feet in the former Miami Municipal justice Building Complex. CHT's aim is to expedite the growth of new health technologies com- panies and, with the assistance of a division attorney, received a $1,000,000 grant in response to their applica- tion, from the federal government which will enable the company to complete renovations to their offices. As legal adviser to the Downtown Development Authority (DDA), provided guidance and document preparation for the following DDA sponsored endeavors: ♦ Prepared documents and advised the DDA during the competitive bidding process for the acquisition and use of private armed security guards in the downtown area. The service is funded through a special tax district. ♦ Recipient of successful grant application in the a1110U111 of $2.5 million from the federal government for develop- ment of the International Merchandise Mart to be located in the downtown area. Also, assisted in the ensuing Request for Proposals processes for the project, an opera- tor and the drafting of lease agreements. ♦ The completion of "DDA 2000", the overhaul and restructuring of the DDA's philosophical, administrative and operational concepts and the implementation of same. ♦ Evaluation and approval of the RFP for the new DDA administrative facilities to be located in the downtown area. ♦ Several other RFf"s and contracts, including those for the landscaping of the public right-of-way on Brickell Avenue, and an inter TNTodal Transportation Service Study of the Flagler Street Core Area. A division attorney participated in research and draft- ing which led to the city's establishment of the Payment - in -Lieu -of Taxes ("IM.L.O.T.") Committee. This conl- inittee, established by the City Commission, is composed of private citizens and administration support personnel, including legal counsel from this division, and is charged with the challenging task of convincing private and pub- lic tax-exempt institutions to voluntarily compensate the city for city services which are provided to such institu- tions on a daily basis, such as garbage/trash pickup and police and fire services. This payment could be in cash or a combination of cash and the provision of services to the city. If the city can recoup even a fraction of the massive erosion of irs tax base occasioned by tile concentration of tax exempt property owners in the city, it will be a suc- cessful endeavor. A division attorney continues to work closely with the City's Hurricane Andrew Recovery Task Force (HART) overseeing federally funded restoration projects. Legal assistance to HART has been rendered through legal interpretation of federal regulations, requirenlents for bid solicitations and awards, and terms and conditions of contracts. FEMA auditors have begun scrutinizing previously approved expenditures and the division is assisting HART in the compilation of documentation substantiat- ing these recovery expenditures for possible future legal reference. As part of the City Attorney's Office's continued effort to provide legal and financial disaster recovery assistance to the administration, a division attorney has completed sev- eral FEMA sponsored training courses and received certifi- cation in disaster preparedness, response and recovery. E ZONING/DEVELOPMENT DIVISION The ZoninUDevelopment Division specializes in all issues associated with the zoning aspects of land use and development. The three division attorneys contribute zoning expertise, growth management knowledge, and environmental sensitivity to development projects to assure the integrity of the Miami Comprehensive Neighborhood Plan and the Zoning Ordinance. Division attorneys played a major role in preparing Zoning Ordinance 11000, adopted a few years ago, which was necessary to establish orderly population growth and avoid haphazard development. The attorneys work closely with the Planning/Development and Commercial Divisions, as well as client departments, boards and authorities in pro- viding legal counsel and preparing zoning documents for major developments, such as Bayside Specialty Center and Bayfront Park. These multi -million dollar protects required legal attention during each stage of develop- ment andonce completed, demand ongoing legal guid- ance. Project involvement and achievements included: ♦ Participated in negotiations with a Coconut Grove developer to redevelop a portion of Mayfair Shopping Center by adding a number of theaters to this enclosed premiere shopping mall located in downtown Coconut Grove. ♦ In conjunction with the General Litigation Division, participated on the negotiation team which restructured payment schedules in the Petroleum Products Corp. NPL Site Case. On behalf of the Miami Fire Department,attorneys were successful in changing the city's contribution to the cleanup and disposal costs of waste oils on this site. Costs are now structured on a tiered basis rather than on a per capita basis, thus reducingthe city's contribution to less than one percent of the total costs. Under the terms of the participation plan, the city will pay approximately $35,000 for the first step in the cleanup process, far less than originally specified. ♦ Progressed in mediation proceedings of a case con- cerning the accessibility of die Orange Bowl Stadium to disabled persons. ♦ Rendered legal counsel and participated in the per- mitting process for Mercy Hospital's proposed expansion program. The project will include a 120-bed nursing home and an adjacent 650-car parking garage to be locat- ed on the present Mercy Hospital tract in Coconut Grove. The expansion will impact the surrounding resi- dential area and required legal counsel regarding the ran- 10 gential issues of traffic studies, security plans, and pro- posed street closures in the adjacent Bay Heights and Natoma Manors subdivisions. o Involved in negotiations with Briekell Park Foundation for the development and improvement of Briekell Park located at the entrance to the Miami River. The Foundation would undertake this area's transforma- tion into a passive park which would include a totally new landscaping design, gazebos and picnic areas. Several grants of easement have also been negotiated during this past year. For example, recently an easement was granted to Dade County Water and Sewer Authority (WASA) for the replacement of a sewer line across Biscayne Bay. Another grant of easement will give Southern Bell the ability to lay communications lines beneath the Fire Training Center located in Coconut Grove. And lease negotiations are underway with the Federal Aviation Authority whereby it will lease a portion of Virginia Key to erect a VorTac air traffic control facili- ty which will serve Dade County and peripheral areas. Increased use of public rights -of -way by phone com- panies and other telecommunications systems have necessitated additions and amendments to the City Code. In addition to reviewing all telecommunication permit agreements and documents granted to private companies for this use, a division attorney drafted an ordinance which permits and regulates the use of such rights -of -way by public pay phone companies. The ordi- nance establishes proper locations for the phone booths and sets forth design and signage criteria. Currently, the city will realize approximately $250,000 in revenues for use of these rights -of -way. Additionally, an amendment to the Telecommunication Systems Ordinance was drafted which increased the fee schedule imposed for use of the rights -of -way by telecommunication companies such as AT&T, MCI and others. A division attorney drafted an ordinance which has been adopted by the City Commission regarding telecommunication agreements for governmental agencies which will give the agencies the same rights with respect to installation of their sys- tems as are presently enjoyed by private telecommunica- tion companies. The use of public -rights -of -way may involve projects sponsored by service agencies in the city, such as the division's present drafting of an agreement that would allow the Kiwanis Club of Little Havana to install plaques on the median strip of Briekell Avenue embla- zoned with the seals of the American Continent coun- tries. It is proposed that this section of the Avenue would be known as "The Americas Mile". Other significant legislation which has been adopted or is presently being drafted include: ♦ An amendment which increased building and zoning fees for permits, licenses, applications and tile like. These increases will now generate the- revenue tleces- sary to cover the city's present administrative costs in this area. ♦ An ordinance, patterned after a recently adopted Metropolitan Dade County Ordinance which is aimed at permitting certain encroachments, such as historic coral rock walls, fences and hedges on the dedicated public rights -of -way in the city. Among division responsibilities as counsel to the Zoning Board, is the negotiation, review and approval of zoning covenants, which, in many cases are necessary for property to be in compliance with code and also accomplish the zoning relief sought by the parties. During this period, over ten major dispute settling covenants were negotiated and enacted, among them: ♦ Incorporation of a covenant which would allow a Coconut Grove restau- rant owner to stay in business by pro- viding the necessary parking for the establishment in an adjoining park- ing lot. ♦ Granted approval to Pep Boys Auto Parts and Repair Center, locat- ed on S.W. 8th Street, to remain in this location by incorporating it covenant which provided for extensive landscaping on the site and erection of a privacy wall which defines the boundary between the commercial and residential neighborhoods. ♦ Approval by the City Commission, as a result of an amended covenant, enabled a proposed 49,000 square foot shopping center to be developed on the south side of Coral Way between 25th and 27rh Avenues. FIRC, the development firm, plans to soon break ground on the $7 million project. ♦ Negotiation and approval of approximately forty covenants for the Department of Public Works for defer- ment of dedication and allowance of nonstandard improvements. Division attorneys also serve as legal counsel for sev- eral boards and committees including the Bayfront Park Management 'Trust, Plat and Street Committee, Department of Off -Street Parking, Health Facilities Authority, Zoning Board, Street C.odesignation Committee, Latin Quarter Review Board, and Commission on the Status of Wonlen. One of the attor- neys recently served as counsel to the newly forded Boards and Committees Review Committee whose aim was to evaluate existing city boards and committees and to make recommendations on their findings to the City Commission. 1?xamples of recent involvements included: ♦ Counseling the Bayfront Park Management 'Trust regarding the proper presentation of a Crafts Festival to be held on scheduled weekends at Bayfront Park which would generate approximately S8,400 per month. ♦ Participation, on behalf of the city's Health Facilities Authority, in the issues regarding Mercy Hospital refinancing and the defeasance of Cedars of Lebanon Hospital bonds. ♦ Participation in the Plat and Street Committee, the Zoning Board and the City Commission's review and approval of the assemblage of land for the new Pace Warehouse in Little Havana. The Code Enforcement Board is also under the legal aegis of this divi- sion. In an effort to establish a more aggressive policy to prosecute violators and collect fines, a ticketing ordi- nance was enacted in March, 1992. The new ticketing system has been functioning for the past five months and, consequently, year-to-year comparison statistics were not available for this report period. However, fig- ures reflect that 2,438 code violators have been expedit- ed through the system as compared to 3,782 during the previous reporting period. A total of $168,655.25 has been collected for administrative fees and fines as compared to $172,137.82 during the previous reporting period. Litigation Cases =6 Foreclosure 16.2% Labor/Pere 14.5° Tort 26 2' * /Commercial, Eviction/Quiet TO, Forfeiture, Land Use Bankruptcy, Collection, Contr acts liscellaneous* 13.3% Comp Gy.1% Litigation Cases Closed Won 53.6% L 14 �)euiea 32.?% Litigation Cases Settlements 30 25 20 15 10 5 0 =89-90 90-91 0191-92 092-93 Millions 9 3 I I