Loading...
01-17-2019 Regular Workshop Agenda The City of �,"4 tom ilei if ura WorkshopMeeting MEN* January 17, 2019 _0 9 A.M. 19200 west Country Club Drive Aventura,FL 33180 Executive Conference Room AGENDA 1. Call to Order/Roll Call 2. Legislative Program and Priorities (City Manager) a. Discussion of Upcoming Session (Ron Book) Future Action Required: Resolution 3. Update: Aventura Financial Investment Policy (City Manager)* Future Action Required: Resolution 4. Landscaping Overview of Aventura (City Manager)** 5. Discussion of Miami-Dade County Public Schools Priorities (Mayor Weisman)* 6. Discussion of Impact of Recent Miami-Dade Referendum for Teacher Salaries and School Security Officers (Vice Mayor Dr. Marks)* 7. Discussion of Proposed Resolution Condemning Anti-Semitism Acts by AIRBNB (Commissioner Narotsky)* Future Action Required: Resolution g. Discussion of Proposed Ordinance Prohibiting Sale and Marketing of E- Cigarettes to Minors (Commissioner Weinberg)* Future Action Required: Ordinance 9. Arts in Public Places Advisory Board Appointments (City Manager)* Future Action Required: Resolution 10. Discussion to Amend Resolution No. 2015-66 Procedures for Commission Travel and Expenses (City Manager)* Future Action Required: Resolution 11. Adjournment * Back-up Information Exists ** PowerPoint Presentation This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901,not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance and may participate at the meeting.Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180, or online at ritvnfnvenfiirn rnm Anvnne wichina to nhtnin n rnnv of nnv naenrin item chnnlrl rnntnrt the Citv Clerk at 3fK-dFF-RQOI CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manag DATE: December 5, 2018 SUBJECT: Legislative Programs and Priorities (City Manager) RECOMMENDATION It is recommended that the City Commission approve the attached Legislative Programs and Priorities for 2019. If you have any questions, please feel free to contact me. RJW/act Attachment CC01761-18 CITY OF AVENTURA LEGISLATIVE PROGRAM AND PRIORITIES �O\ AVEC .'� il.� ��� ` ' ,._ se t r1 e. „_9 , . _ , `/ :a — ' I�fr * 11 , Ct �e� .Y of Ex 2019 Mayor Enid Weisman Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg City Manager Ronald J. Wasson City Clerk Ellisa Horvath City Attorney Weiss Serota Hellman Cole & Bierman, P.L. CITY OF AVENTURA LEGISLATIVE PROGRAMS AND PRIORITIES 2019 This document is intended to provide direction to the City Manager, City Attorney and Legislative Lobbyist as to the official City position regarding issues and pending legislation which would affect the operation of local government. This document further provides priorities for the acquisition of supplemental funding (grants) for various programs. The City of Aventura will endorse and support legislation that will: 1. Supports the home rule powers of local government. 2. Provide a dedicated revenue source for Charter School capital improvements at the same levels provided to the local school boards. 3. Increase educational funding levels for Miami-Dade County public schools in order to meet per pupil State Constitutional requirements. 4. Amend State law allowing a more economical method of advertising for a public hearing relating to Comprehensive Plan adoption and/ or amendments. 5. Adopt the 2019 Policy Statement of the Florida League of Cities. 6. Enact a law enabling cities to prohibit smoking at city sponsored events or activities and/ or at city parks and facilities. Smoking is defined as "any nicotine delivery device including but not limited to smoking, chewing and vaping". 7. On a state-wide level, ban the use of handheld phones by persons operating motor vehicles, but allowing hands free phone devices. 8. Preserve municipal authority for red light camera safety programs. 9. Amend Safe Harbor provisions (Fla. Stat. 718.116(1)(b) condos and 720.3085(2)(c) HOAs) to increase the liability of qualified lending institutions to the lesser of twenty four months of past due assessments or two percent of the original mortgage in the event of a foreclosure plus recovery of reasonable attorney fees. 10. Support initiatives to address the impact of rising seas on the South Florida area. 11. Fund the design and construction of the proposed westbound Improvements to the intersection of NE 203 Street/Biscayne Boulevard. Fund the review of alternatives to improve traffic flow at Miami Gardens Drive and Biscayne Boulevard Intersection. 12. Support legislation to amend Section 768.28, Florida Statutes, to expressly state that sovereign immunity constitutes immunity from suit (not just immunity from liability) to the extent not waived by applicable law. 13. Support the adoption of legislation to restore municipal authority to regulate drones in order to protect privacy, and to protect persons and property within the municipality. 14. Support funding to reduce traffic congestion by developing alternate transportation modes. The City of Aventura will seek state financial assistance for the following projects: 1. Funding for Stormwater infrastructure improvements CITY OF AVENTURA 6 6 1 • n ; ADMINISTRATIVE POLICY DIRECTIVES Chapter# Sub Page AND PROCEDURES MANUAL "'w ai £u,LL° Date May 22, Issued: 2009 CHAPTER: FINANCE, BUDGET & PURCHASING APPROVED: City Manager SUBJECT: INVESTMENT OBJECTIVES AND PARAMETERS PURPOSE The purpose of this policy is to set forth the investment objectives and parameters for the management of public funds of the City. These policies are designed to ensure the prudent management of public funds, the availability of operating and capital funds when needed and a competitive investment return. SCOPE This investment policy applies to the investment of public funds in excess of amounts needed to meet current expenses, which includes cash and investment balances of City funds. This policy does not apply to the City's pension funds, including those funds in chapters 175 and 185 or funds related to the issuance of debt where there are other existing policies or indentures in effect which govern the investment of such funds. This policy shall be construed and applied so as to comply with Section 218.415, F.S. II. INVESTMENT OBJECTIVES Investment objectives include safety of capital, liquidity of funds and investment income, in that order. The following objectives will be applied in the management of the City's funds: A. Safety of Capital The primary objective of the City's investment program is the protection of public funds. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. 1. Credit Risk — The City will minimize credit risk, the risk of loss due to the failure of the security issuer or backer, by: a) Limiting investments to the safest type of securities; b) Pre-qualifying the financial institution, broker/dealer, intermediaries and advisors with which the City will do business; c) Diversifying the investment portfolio so that potential losses on individual securities will be minimized. 2. Interest Rate Risk — The City will minimize the risk that the market value of securities in the APDP 6.6.2 3. portfolio will fall due to changes in general interest rates, by: a) Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity; b) Investing operating funds primarily in shorter-term securities, money market mutual funds or similar investment pools. B. Liquidity of Funds The City's investment strategy will provide sufficient liquidity to meet the City's operating, payroll and capital requirements. To the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash flow requirements. Since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets. A portion of the portfolio also may be placed in money market mutual funds or local government investment pools which offer same-day liquidity for short-term funds. C. Investment Income The City's investment portfolio shall be designed with the intent of attaining a market rate of return throughout the budgetary and economic cycles, taking into account the City's investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. III. PERFORMANCE MEASUREMENT The investment portfolio will be managed in accordance with the parameters specified within this policy. The portfolio should obtain a market average rate of return during a market/economic environment of stable interest rates while insuring sufficient liquidity within the portfolio. The short-term investment portfolio shall be designed with the annual objective of exceeding the return of the Florida State Board of Administration LGIP. The long-term investment portfolio shall be designed with the annual objective of exceeding the return of the Bank of America Merrill Lynch 1-3 Year Treasury/Agency Index compared to the portfolio's total rate of return. The Bank of America Merrill Lynch 1-3 Year Treasury/Agency Index represents all U.S. Treasury/Agency securities maturing over one (1) year, but less than three (3) years. This maturity range is an appropriate benchmark for the core portfolio based on the objectives of the City. For the Enhanced Cash portfolio we will use the Band of America Merrill Lynch 6 month Treasury Index. IV. ETHICAL STANDARDS The investment officer and staff, acting in accordance with the written procedures and exercising due diligence, shall not be held personally responsible for a specific security's credit risk or market price changes, provided that these deviations are reported immediately and that appropriate action is taken to control adverse developments. A. Ethics and Conflicts of Interest The City's staff involved in the investment process shall refrain from personal business activity that APDP 6.6.3 could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. All employees involved in the investment process shall disclose to the City any material financial interests in financial institutions that conduct business with the City, and they shall further disclose any material personal financial/investment positions that could be related to the performance of the City's investment program. Applicable ethics standards provided by the City Charter, City Code, Section 2-11.1 of the Miami-Dade County Code, and Part III of Chapter 112, F.S., shall be complied with. B. Investments should be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived from the investment. C. Designation of Investment Officer The Finance Director is designated as investment officer of the City and is responsible for investment decisions and the day-to-day administration of the cash management program. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures so established. The City may appoint an outside investment manager as "Agent" for the City's cash reserves. The "Agent" for the City shall have discretion over the purchase and sale of securities within and subject to compliance with this investment policy. Such investment manager must be registered under the Investment Advisor Act of 1940. The Finance Director shall consult with the City Manager as necessary regarding the City's investment activity. Positions authorized as investment signatories are the City Manager and Finance Director. V. LISTING OF AUTHORIZED INVESTMENTS -(SUMMARY TABLE IN APPENDIX Al The following investments will be permitted by this policy as consistent with Section 218.415 (16) F.S. Those investments not listed in this section are prohibited. A. United States Government Securities Negotiable direct obligations or obligations the principal and interest of which are unconditionally guaranteed by the United States Government. Such securities will include, but not be limited to the following: Treasury Bills > Treasury Notes ➢ Treasury Bonds > Treasury Strips > Treasury Securities—State and Local Government Series ("SLGS") • Treasury Inflation Protection Securities ("TIPS") Portfolio Composition A maximum of 100% of available funds may be invested in the United States Government Securities with the exception of Treasury Strips which are limited to 10% of available funds. Maturity Limitations The maximum length to maturity of any direct investment in the United States Government Securities is seven (7) years from the date of purchase. APDP 6.6.4 B. United States Government Agencies Bonds, debentures or notes which may be subject to call, issued or guaranteed as to principal and interest by the United States Governments agencies, provided such obligations are backed by the full faith and credit of the United States Government. Such securities will include, but not be limited to the following: > United States Export— Import Bank - Direct obligations or fully guaranteed certificates of beneficial ownership >--Farrner-kkame-Adm4nistration > Federal Financing Bank - Discount notes, notes and bonds > Federal Housing Administration Debentures > FDIC guaranteed notes ("TLGP" bonds) > Government National Mortgage Association ("GNMA") - GNMA guaranteed mortgage-backed bonds - GNMA guaranteed pass-through obligations > General Services Administration i > United States Public Housing Notes and Bonds - United States Government guaranteed public housing notes and bonds > United States Department of Housing and Urban Development - Project notes and local authority bonds Portfolio Composition A maximum of 50% of available funds may be invested in United States Government agencies. Limits on Individual Issuers A maximum of 10% of available funds may be invested in individual United States Government agencies. Maturity Limitations The maximum length to maturity for an investment in any United States Government agency security is five (5) years from the date of purchase. Mortgage backed securities will have average duration not greater than five (5) years. C. United States Government Sponsored Agencies Bonds, debentures or notes which may be subject to call, issued or guaranteed as to principal and interest by United States Government sponsored agencies which are non-full faith and credit agencies limited to the following: > Federal Farm Credit Bank ("FFCB") > Federal Home Loan Bank or its City Banks ("FHLB") > Federal National Mortgage Association ("FNMA") > Federal Home Loan Mortgage Corporation ("Freddie-Macs") including Federal-Home Loan Mortgage Corporation participation certificates Portfolio Composition A maximum of 80% of available funds may be invested in Federal Instrumentalities. APDP 6.6.5 Limits on Individual Issuers A maximum of 25% of available funds may be invested in any one (1) issuer. Maturity Limitations The maximum length to maturity for an investment in any Federal Instrumentality security under this Section (C) is seven (7) years from the date of purchase. Mortgage backed securities will have average duration not greater than five (5) years. D. Interest Bearing Time Deposit or Savings Account Non-negotiable interest bearing time certificates of deposit or savings accounts in banks organized under the laws of Florida or the United States provided that such all deposits are secured by collateral as prescribed by the Florida Security for Public Deposits Act, Chapter 280, Florida Statutes. The concentration restriction outlined below does not apply to the City's operating account. Portfolio Composition A maximum of 10% of available funds may be invested in non-negotiable interest bearing time certificates of deposit. Limits on Individual Issuers A maximum of 385% of available funds may be deposited with any one (1) issuer. Limits on Maturities The maximum maturity on any certificate shall be no greater than one (1) year from the date of purchase. E. Repurchase Agreements 1. Invest in repurchase agreements composed of only those investments based on the requirements set forth by the City's Master Repurchase Agreement. A third party custodian with whom the City has a current custodial agreement shall hold the collateral for all repurchase agreements with a term longer than one (1) business day. A clearly marked receipt that shows evidence of ownership must be supplied to the Finance Director or designee and retained. All firms are required to sign the Master Repurchase Agreement prior to the execution of a repurchase agreement transaction. 2. Collateralized by full faith or general faith and credit obligations of the United States Government or United States Government Agency securities. Securities authorized for collateral must have maturities under five (5) years and with market value for the principal and accrued interest of 102 percent of the value and for the term of the repurchase agreement. Immaterial short-term deviations from 102 percent requirement are permissible only upon the written approval of the Finance Director or designee and/or the City's Investment Manager. Portfolio Composition A maximum of 20% of available funds may be invested in repurchase agreements excluding one (1)- business day agreements and overnight sweep agreements. Limits on Individual Issuers A maximum of 5% of available funds may be invested with any one (1) institution excluding one (1)- business day agreements and overnight sweep agreements. Limits on Maturities The maximum length to maturity of any repurchase agreement is 90 days from the date of purchase. APDP 6.6.6 F. The Florida Local Government Surplus Funds Trust Fund (State Board of Administration—SBA) Portfolio Composition A maximum of 65% of available funds may be invested in the SBA. G. Intergovernmental Investment Pools Investment Authorization Intergovernmental investment pools that are authorized pursuant to the Florida Interlocal Cooperation Act, as provided in Section 163.01, Florida Statutes and provided that said funds contain no derivatives. Portfolio Composition A maximum of 25% of available funds may be invested in intergovernmental investment pools. Due Diligence Requirements A thorough review of any investment pool/fund is required prior to investing, and on a continual basis. There shall be a questionnaire developed by the Finance Director or designee and/or the City's Investment Manager that will contain a list of questions that covers the major aspects of any investment pool/fund. H. Registered Investment Companies (Money Market Mutual Funds) Registered with the Securities and Exchange Commission with the highest credit quality rating from a nationally recognized rating agency; portfolio is limited to direct obligations of the United States Government or any agency or instrumentality thereof. Portfolio Composition A maximum of 35% of available funds may be invested in money market funds. Limits of Individual Issuers A maximum of 15% of available funds may be invested with any one (1) money market fund. Rating Requirements The money market funds shall be rated "AAAm" or "AAAm-G" or better by Standard & Poor's, or the equivalent by another rating agency. Due Diligence Requirements A thorough review of any money market fund is required prior to investing, and on a continual basis. There shall be a questionnaire developed by the Finance Director or designee and/or the City's Investment Advisor/s that will contain a list of questions that covers the major aspects of any money market fund. I. Commercial Paper Commercial paper of any United States company that is rated "Prime-1" by Moody's and "A-1" by Standard & Poor's (prime commercial paper). If the commercial paper is backed by a letter of credit ("LOC"), the long-term debt of the LOC provider must be rated "A" or better by at least two (2) nationally recognized rating agencies. APDP 6.6.7 Portfolio Composition A maximum of 25% of available funds may be directly invested in prime commercial paper. Limits on Individual Sectors A maximum of 10% of available funds may be invested with any one sector. Limits on Individual Issuers A maximum of 2% of available funds may be invested with any one issuer. Maturity Limitations The maximum length to maturity for prime commercial paper shall be 270 days from the date of purchase. J. Corporate Notes Corporate notes issued by corporations organized and operating within the United States or by depository institutions licensed by the United States that have a long term debt rating, at the time or purchase, "A" or better by at least two (2) nationally recognized rating agencies. Portfolio Composition A maximum of 25% of available funds may be directly invested in corporate notes. Limits on Individual Sectors A maximum of 10% of available funds may be invested with any one sector. Limits on Individual Issuers A maximum of 2% of available funds may be invested with any one issuer. Maturity Limitations The maximum length to maturity for corporate notes shall be five (5) years from the date of purchase. K. Taxable/Tax-Exempt Municipal Bonds Debt obligations of non-profit entities such as states, counties, cities, authorities or other institutions. These may be taxable or tax-exempt and may be General Obligation (GO's) and/or Revenue Bonds and must be rated "A" by Moody's, Standard & Poor's or Fitch for long term debt, or rated at least "MIG-2 by Moody's, SP-2 by Standard & Poor's or F-2 by Fitch. Portfolio Composition A maximum of 25% of available funds may be directly invested in Taxable and/or Tax Exempt Debt. Limits on Individual Issuers A maximum of 2% of available funds may be invested with any one issuer. Maturity Limitations The maximum length to maturity for Taxable and/or Tax Exempt Debt shall be five (5) years from the date of purchase APDP 6.6.8 L. Asset Backed Securities Invest in Asset Backed Securities (ABS) issued by corporations organized and operating within the United States or by depository institutions licensed by the United States that have a long term debt rating, at the time of purchase, AAA or the equivalent by at least two (2) nationally recognized rating agencies. Portfolio Composition A maximum of 15% of available funds may be directly invested in ABS. Limits on Individual Sectors A maximum of 10% of available funds may be directly invested in ABS of any one industry sub-sector as defined by Bloomberg Industry Groups. Limits on Individual Issuers A maximum of 2% of available funds may be invested with any one issuer. Maturity Limitations The maximum length to maturity for ABS shall be (5) 5 years from the date of purchase. M. Israel Bonds Direct obligations from the State of Israel denominated in US dollars. Obligations may include, but are not limited to: • Institutional-class bonds that are broadly syndicated and registered with the SEC or other US regulatory agency • Retail-class offerings that may require safekeeping arrangements, may not be registered by the SEC or other US regulatory agency and/or may not offer secondary market liquidity Portfolio composition A maximum of$150,000.00 in par value may be invested in direct obligations from the State of Israel, excluding securities guaranteed by the US government through its AID program or any of its agencies. Maturity Limitations The maximum length to maturity for Israel bonds shall be three (3) years from the date of purchase. VI. PROHIBITIONS The purchase of derivative instruments as defined by the Government Account Standards Board ("GASB") or any investment instrument which is structured to derive a rate of return from an investment source other than the originally purchased investment is strictly prohibited. VII. INVESTMENT PARAMETERS A. Maturity and Liquidity Requirements To the extent possible, the City shall attempt to match its investments with anticipated cash flow requirements. Unless matched with a specific cash flow, the City will not directly invest in securities maturing more than seven (7) years from the date of purchase. Mortgage backed securities will have average duration not greater than five (5) years. APDP 6.6.9 pool-investments- Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available funds such as Local Government Investment Pools, or money market funds to ensure that appropriate liquidity is maintained to meet ongoing obligations. VIII. SAFEKEEPING AND CUSTODY A. Authorized Investment Institutions and Dealers The City shall only purchase investments from the State Board of Administration, Florida Municipal Investment Trust, financial institutions which are qualified as public depositories by the Treasurer of the State of Florida, primary security dealers (or their agents) as designated by the Federal Reserve Bank of New York, or by secondary securities dealers (or their agents)who act as investment banking arms of local qualified banking institutions. All financial institutions and broker/dealers who desire to provide investment services must supply the following as appropriate and as requested: 1. Annual audited financial statements; 2. Public depository certification; 3. Proof of National Association of Securities Dealer("NASD") Certification; 4. Certification of having read the City's investment policy; 5. Credit rating provided by a nationally recognized monitoring agency. B. Delivery vs. Payment All trades where applicable will be executed by delivery versus payment ("DVP") to ensure that securities are deposited in an eligible financial institution prior to the release of funds. Securities will be held by a third-party custodian as evidenced by safekeeping receipts. C. Master Repurchase Agreement The investment policy shall require all approved institutions and dealers transacting repurchase agreements to execute and perform as stated in the Master Repurchase Agreement. All repurchase agreement transactions shall adhere to the requirements of the Master Repurchase Agreement. D. Bid Requirements Investments will be chosen based on liquidity needs and market conditions. The investments will be competitively bid when feasible and appropriate. Except as required by law, the bid deemed to best meet the investment objectives must be selected. E. Internal Controls The Finance Director is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that the cost of a control should not exceed the benefits likely to be derived and the valuation of costs and benefits requires estimates and APDP 6.6.10 judgments by management. Accordingly, the Finance Director shall establish a process for an annual independent review as part of the annual financial audit to assure compliance with the policies and procedures. The internal controls shall address the following points: 1. Control of collusion — Collusion is a situation where two (2) or more employees are working in conjunction to defraud their employer. 2. Separation of transaction authority from accounting and record keeping — By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. 3. Custodial safekeeping — All securities, with the exception of certificates of deposit, shall be held with a third-party custodian; and all securities purchased by, and all collateral obtained by the City should be properly designated as an asset of the City. The securities must be held in an account separate and apart from the assets of the financial institution. No withdrawal of such securities, in whole or in part, shall be made from safekeeping except by the Finance Director as authorized herein, or by their respective designee. 4. Certificates of Deposit issued by a local bank or savings and loan association may be held in safekeeping at that institution. The institution shall issue a copy of the certificate of deposit, a safekeeping receipt, or some other confirmation of the purchase that is satisfactory to the Finance Director. This will be kept on file in the Finance Department and will indicate the amount, interest rate, issue date and maturity date of the certificate of deposit. 5. Avoidance of physical delivery securities — Book entry securities are much easier to transfer and account for since actual delivery is never taken. Physical delivery securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physically delivered securities. 6. Clear delegation of authority to subordinate staff members — Subordinate staff members must have a clear understanding of their authority and responsibilities to avoid improper actions. 7. Written confirmation of telephone transactions for investments and wire transactions — Due to the potential for error and improprieties arising from telephone transactions, all telephone transactions should be supported by written communications and approved by appropriate personnel unless an agreement is executed with a financial institution as discussed in paragraph B.8 below. 8. Development of a wire transfer agreement with a bank or third-party custodian —This agreement should outline the various controls and security provisions for making and receiving wire transfers. IX. CONTINUING EDUCATION The Finance Director and Controller shall annually complete eight (8) hours of continuing education in subjects or courses of study related to investment practices and products. X. REPORTING The Finance Director shall provide a quarterly investment report to the City Manager. The report shall list investments by fund and type and include the book value, income earned and market value as of the report date. APDP 6.6.11 XI. SECURITIES; DISPOSITION A. Every security purchased under this section on behalf of the governing body of the City must be properly earmarked and: 1. If registered with the issuer or its agents, must be immediately placed for safekeeping in a location that protects the governing body's interest in the security; 2. If in book entry form, must be held for the credit of the governing body by a depository chartered by the Federal Government, the state, or any other state or territory of the United States which has a branch or principal place of business in this state as defined in s. 658.12, or by a national association organized and existing under the laws of the United States which is authorized to accept and execute trusts and which is doing business in this state, and must be kept by the depository in an account separate and apart from the assets of the financial institution; or 3. If physically issued to the holder but not registered with the issuer or its agents, must be immediately placed for safekeeping in a secured vault. B. The City may also receive bank trust receipts in return for investment of surplus funds in securities. Any trust receipts received must enumerate the various securities held, together with the specific number of each security held. The actual securities on which the trust receipts are issued may be held by any bank depository chartered by the Federal Government, this state, or any other state or territory of the United States which has a branch or principal place of business in this state as defined in s. 658.12, or by a national association organized and existing under the laws of the United States which is authorized to accept and execute trusts and which is doing business in this state. XII. SALE OF SECURITIES When the invested funds are needed in whole or in part for the purposes originally intended or for more optimal investments, the City may sell such investments at the then-prevailing market price and place the proceeds into the proper account or fund of City. XIII. PREEXISTING CONTRACT Any public funds subject to a contract or agreement existing on May 1, 2009, may not be invested contrary to such contract or agreement. XIV. AUDITS Certified public accountants conducting audits of the City pursuant to s. 218.39 shall report, as part of the audit, whether or not the City has complied with section 218.415, F.S., and this Investment Policy. XV. AUTHORIZED DEPOSITS In addition to the investments authorized for the City in subsection (VIII), as authorized by paragraph (23) of Section 218.415, F.S., the City may deposit any portion of surplus public funds in its control or possession in accordance with the following conditions: A. The funds are initially deposited in a qualified public depository, as defined in s. 280.02, selected by APDP 6.6.12 the City. B. The selected depository arranges for the deposit of the funds in certificates of deposit in one (1) or more federally insured banks or savings and loan associations, wherever located, for the account of the City. C. The full amount of principal and accrued interest of each such certificate of deposit is insured by the Federal Deposit Insurance Corporation. D. The selected depository acts as custodian for the City with respect to such certificates of deposit issued for its account. E. At the same time the City's funds are deposited and the certificates of deposit are issued, the selected depository receives an amount of deposits from customers of other federally insured financial institutions, wherever located, equal to or greater than the amount of the funds initially invested by the City through the selected depository. XVI. PROHIBITED INVESTMENTS The City is prohibited from investing in any company that engages in business with the countries of Iran and Sudan. The City Manager may promulgate specific requirements for the implementation of this provision based upon criteria applied by the Local Government Surplus Funds Trust Fund for such purpose. XVII. INVESTMENT POLICY REVIEW The Finance Director shall review this Investment Policy on a semi-annual basis. Any recommended changes to this policy must be approved by the City Manager and subsequently by the City Commission. However, upon the initial approval of this Investment Policy by resolution of the City Commission, this Investment Policy shall be amended by the City Manager without the necessity of further action by the City Commission, to the extent that said amendments are necessary for conformance with any amendments made to Section 218.415, F.S. Originally Adopted—June 2, 2009 (Resolution No. 2009-30) Revised—September 22, 2009 (Ordinance No. 2009-17) Revised— November 1, 2011 (Resolution No. 2011-61) Revised—July 8, 2014 (Resolution No. 2014-33) Revised—October 10, 2016 (Resolution No. 2016-59) Revised—October 18, 2018 (Resolution No. 2018-88) *Investments managed internally by City staff, not managed by Investment Advisor APDP 6.6.13 Appendix A Authorized Investments Summary Table Maximum Subsector Individual Maximum Investment Type Minimum Rating' Composition Limit Issuer Limit Maturity United States Government Securities UST 100% - - 7 Years United States Government Agencies2 AGY 50% - 10% 5 Years United States Government Sponsored Agencies° AGY 80% - 25% 7 Years Interest Bearing Time Depositor Savings Account°. OPD 10% - 10% 5% 1 Year Repurchase Agreements'- 20% - - 90 Days Counterparty A-1/P-1 5% - - - Collateral UST/AGY - - - Florida tocal Government Surplus Trust Fund (SBA)° AAAm 65% - - - IntergovernmentalInvestmentPools° AAA/Aaa 25% - - - Money Market Mutual Funds° AAAm/AAAm-G 35% - 15% - Commercial Paper A-1/P-1(A) 25% 10% 2% 270 days Corporate Notes "A"or better by at least 2 NRSRO's 25% 10% 2% 5 Years Taxable and Tax-Exempt Municipal Bonds'. "KI A' General Obligation Bonds MIG-2/SP-2 25% - - 5 Years Revenue and Excise Tax Bonds 10%(e) - - 5 Years Asset Backed Securities MA by at least 2 NRSRO's 15% 10% 2% 5 Years Israel Bonds' $ 150,000 - - 3 Years 1. Investments must meet the Minimum Rating requirement at the time of purchase. The Finance Director shall determine the appropriate action for any investment held that is downgraded below the Minimum Rating by one(1)or more rating agencies 2 Securities purchased under the Temporary Liquidity Guarantee Program(TLGP)are classified as Government Agencies as a result of tie Federal Government Guarantee. 3. Federal Agency Mortgage Backed Securities vnll have an average life of five(5)years or less. a. Interest Bearing Time Deposit or Savings Accounts will be purchased fromlbeld with a Qualified Public Depository defined in Florida State Statute Chapter 280. The list of QPD's can be found on the State of Florida's Chief Financial Officees website. 5. Collateral for Repurchase Agreements will be limited to United States Government or United States Government Agency securities,have a value of 102%of the Repurchase Agreement,and a final maturity of five(5)years or less. Repurchase Agreements with a maturity of more than one(1)day will be held with a Third Party Custodian. 6. Maximum maturity and weighed average maturity defined in prospectus. W If commercial paper is backed by a letter of credit("LOC"),the long-term debt of the LOC provider must be rated"A"or better by at least 2 nationally recognized rating agencies. {5}Maximum of 10%of available funds may be invested in taxable and tax-exempt Revenue and Excise tax bonds of various municipalities of the State of Honda.provided none of such securities have been in default within 5 years prior to the date of purchase. 'Investments managed internally by City staff,not managed by Investment Advisor I0 O D O R M-1RVI0 0 0ME0 0 0 �" 0� 0''0 �� L FOR CITY OF AVM TUBA December 5, 2108 INDEX OF SHEETS INDEX SHEET NO. Country Club Drive L-1 to L-22 Aventura Boulevard L-23 NE 190th Street L-24 to L-25 O'Leary Richards Design Associates, Inc. Landscape Architecture Plonnmg AVENTURA MALL FICUS CR. ISLAND MUHLY GRASS FICUS CR. ISLAND MUHLY GRASS """ --- FICUS GR. !BLAND --- Richards y _ — s ,N� _ - - rvzPn Faz s'ne Design Associates, sIq � wo SHOWN `\���"5 I ?'f. •'.; /,�'l '2 "" � 1��E .. _PREPAREDFOR NC --- n __-- .Lj Y U -Tc`v ��Ti� ='- — CITY OF AVENTUR --- �NF sI c e- -- s n cJ�wp. T� ---------------M J w � - --= - - C� -, _ ___—_ < n av�c£ D0x _ D e.a ivy-iuo —_ — —_ ,If � NyEpgcx f°onsS O � o _ _ io N z' i Uo,v oral ]�i-- -- ----- - - �n�iF hvr)-----= - 1 �z ''• I � LE CLUSlA Q s� - ------------- m D C m T to- "r# z ISSUE DATE -__ ae�embe�s, ime REVISION GATE: f SCALE. AS NDTED DRAWN BY. CFS CHECKED BY. 101 .� DRAVWNa TITLE Existing - LOCATION MAP Conditions THIS SHEET Shrub Plan SHEET NUMBER ws'+m Ibekr= IT D zo OF FIREBUSH MUHLY GRASS ELEC, PUL_ BO%,,B --_�-RS _ -------------- ABBAGL PALN (tt _lJ✓ AKAR A 0 F-- J L1L _ T_ _ � __ - Ln COUNTRY C 'U : - TGP o -PALus r- - r — * — _ S r� i .�� LIGHT POLE ic ASPwTu PATH PED __ _TDAI SOP SIGN -"- --"-- - --"v-- T- E: - PACK FLOW PFEVE—FE & TER LVE Box AVENTURA MALL GRASS BAK OAK C)AK l�s f GAK 0 flu5 STOP VI AT AVENTURA O'Leary Richards Design Associates, Inc. FOUNTAIN GRASS PREPARED FOR. - -- .. _._. R/'N 1 NE _ _ -`-`-`-`� -^ CITY OF AVENTURA C BBAGC PA a (ttP) J °s w > U) --_ �..�. ELL z O C H V ----- �Z OAK - --ZEao sA = y w O - O_________________. ------ ASPHALT r FICUS GREEN ISLANDC, W ISSUE DATE' December S, 201B REVISION DATE: THIS SHEET SCALE: AS NOTED DRAWN BY: CES CHECKED BY. KOR DRAWING TITLE Existing Conditions Shrub Plan SHEETNUMBER ALE II. To o L-2 OF I AVENTURA MALL 'I II; i Ii FICUS GREEN ISLAND II u mrn -CHALN LINK F•NCE e� _-------- -ER o AS ` aSEP _..___ 1 _- V E J TELE dIG, ----- - 1 �O -- DATE RAi N z O'Lea Richryazds AVENTURA MALL Associate', O Inc. FICUS GREEN SLA D EI.FICUS GREEN ISLAND H EP°R_ E ..,.,.�..M, jFP,&L PAJ� ,�1 UE \ u saA PREPARED FOR �_ DOG SCCOM-�_:�IGy �I N POLE R W LINECITY iR�AFF __BOX , SIC+ A %E _AD i AF�IC LI41 N SUPPORT B GN(;, _" ----- ----------- --- ------ .-_.---_ eucx �ucK---N,'• ��` JLiQf Cl... i7 LK _ A z raA.FIG SIGN S OLIVE > __ _____- - _ __--____--_----__--___---_-_-_-----_- _______ - _ / \ ° -- ...:. - - - °AT Oil x -4 2 -4.41' N 7 86 WEST,€`O EET-� - CLUB ORIV' DAiE PALN •• _ '-- -- -- __ -. - - ----- -- - - r BA-F -COCONUT LIAS ` VPRN -- RINKI _• _ w --- ---- i ZOo OVERHEAD TRAF A— — U LINK -----"--- WiRE uOLL -- _ - _ --- _ -- - _----- - - LONG, WAE4 --- - N ; • n'y"° "eax Es o .. — - - c 2 � > DL S - -_ -_ - -- -_ ____. L.-.-"--- -_--__ - A M A _ Ij� •i lI3 l" /t; �.B.-0/--- VAI VF l%I NAL-� __ ____-- ASPHAIr rnTH__"__. i.-...... pBUTA 7 ¢ ® _-"_ F- IGAf -Nc. I'D -----_.__ _ _-_..-_- W, •-• --- -_ - - -- -__ - _ - F r%�_ — -- w POLE, _ 5 _ U �° P IinN _. - U svzINKL . ' xWea- — YR ______�,,. R/W ENF� MBO _ ___ _ .... __-_ _T lL� ENE--- _ N �En ...-n . AE �L Nc 1-AA'-Bs...^ '0 E ;.� __. — __.—.... cPnm ENIF�-_EvcE FILL z PAI- R G ER m_ - - -. \—SPEED BUMP R FOUNTAIN GRASS W U � m i !I II I I I 11 i III y I i - II THIS SHEET ISSUE GATE: _ REVISION DATE. DRAWN BY. CES N CHECKED BY: KOR DRAWING TITLE Existing Conditions „o-_... Shrub Plan SHEET NUMBER =,00 L-3 OF FOUNTAIN GRASS "v�ALVE ec (S� �f'� i OLIVEBLACK�CAK �CA,( OAK rROVAL PALN,E O SIERI ER VA-VE RO% --- ---- — ROYAL -- _. Powcwnn i i i O'Leary I Richazds Design Associates, Inc. PREPARED FOR: CITY OF AVENTURA a/w _me I o________o ________ a - __— 2 K /E L OLI CAK OA K iVE BACK OLIVE `� " 0 L4G' Y l b R.E.-60C�1 " SNN MH 1l9 "= l�� � �CE N -- CE ❑ ❑ O O a — w U ---------------------- -- R—L PALM (-LP.) J I� N SIGN —T_ HVI 0 1\ r.6 _KAPOK " o v T o- — — — — ---- ---- -- VA_VE mx IU, s' coNc. n — _ �nsPinLr IATH — I -------------------- -- -_� ISSUE DATE: z ����� DecemEer 5, t01B .rf V1.-4liY� �.1Z REVISION DATE: THIS SHEET SCREE AS NOTED DRAWN BY: CFS CHECKED BY KOR ry DRAWING TITLE Existing Conditions Shrub Plan SHEET NUMBER oe L-4 SCALE OF MA R R I OTT Richards Design RESIDENCE INN associates, FICUS GREEN ISLAND FICUS GREEN ISLAND Inc. fT�-- --'i PREPARED FOR: P IS - -GA _ ___ _____-___ _____ ___K __________ _K-- ___________—_ ______ ___ __--______--.____ _ _-_ _____--_- ___ _ ___ B oarcon< .--z __-_ _-__________v--___-.-_ -- �- a -oA IN _�-___ ___ _ __ CITY OF AVENTUR 011NADH a „ o ALK-- iCN / 1L\ T v'OAAOAI( OA K HAP�'vn� ter--- AL. V ti u A JOR 1 � o vgLV� CI 6 WES COU TRY CLUB DRIVE — F- - - - - ----- -- -- - -- w 2 i23 C > �. �l 12S jYAL 11i26 co o ufo s N sRt� ------------------ m . e a " W -- -- - -__ _,- -,- -_,_- -_ ___-•--------___ --- _: __- =_ = L cur Poe ' o z _ MB PA1— SIGN — — R. — Q o 3 ~ " / PEDESTRIAN .e.'.._.___ — ---- -__ _----------- [ s�kw17�cR vn 6LACK s oPsTc VALVf BOXES `lY ___-_ -_ O _-_IN UL= - _ _ EA - _ - a - _ °I i 5'OP SIGH - - - BIAC.t �' T P H �`___-PEDESi21ANva- — OLIVE--_____- - ASPHAL 'ATII _ R VA�LV z _ R J STLe_� 7- - _� _- —_ - - __ BLVCH __, _ _ _ IVE 5O I—I —�E�._.._.L DRAB "-` ,°.i BENCH _ _ N.H. /' - -T .L- - ___ __ _ �.__ _ _ _-__ _ ___.__ - _ _— _ -____ - _ _ - _ _-_•-�- _ _ _ _ ._ _ - _._ _ _ -_ "�N e = .. LM ' 'P Mnl1.^.GM - - -- � Nc WALK — � }- fP_ M„_ As HALT A„ � °\ T R ALL r-- —— LSroP qAERS —HA. T THIS SHEET COMPACT FIREBUSH IXORA 'NORA GRANT' (� II -� � IssuEDATe - December 5, 2018 - -' REVISION DATE: SCALE: AS NOTED DRAWN BY: CES CHECKED BY: KOR DRAWING TITLE Existing Conditions Shrub Plan SHEET NUMBER SH =ALE ,oa L-5 Of a, I I � a O'Leary':" Richards [si al SAFRA II DR, H. w Associates, I p ces, BANK orAL W� DEP �I G. L11RE HYDRANT I "'`�" '" oA, L P FICUS GREEN ISLAND PREPARED aaa FICUS SREEI '' ISLAND a '\ JOSEPH'S COAT m o f pIGRT � o BONAVIQA SEAGRaPE nLE FICUS GREEN ISLAND CITY OF AVENTURA LIGHT A�PNAI 'I WATER VA E B9XE5 — - •\r ` II RfW LINL' L 1rV ER EAX anaeAE nL ln_c� son wA�rc L Rmp. a ��7M1G --- _----------- A �, ' V G�4 J L W£_i� ^. kN BO.+ES FR NK6EG p A �'ALM 6 9 ER�vALve sore L a ---- SE'NEA VALVE. C WLLj --�, F %' I , �' W Qi _ •e— 8 wAo — v Q v - s e LLj —1 © EWER VALVEi-H-Z .- �a v �-T CDJT�JERY- UE DRIVE _ —HEAD SICNnL r51CNaL POLE —"— "— SHPPCR TATE _ y RnI_G\�SGNA oX' A� 4v mP, cn—>s_A ____ L— —' _— _ !I _ >` OMR - ,s e�> Cems. _ ASPHALTAWLA_ ---— J T.,___- ._FEN-GE� -- _ _ — ____ __— Eox L£R ISSUE DF.TE: JOSEPH'S COAT FIREOUSH >m DeaenheT s,:tme U MUHLY GRASS REVISION DATE: FICUS GREEN lSI:4ND TftLNETTES ASPARAGUS FERN _ SCHEFFLERA DAZZLE i SCALE. AS NOTED i THIS SHEL7- DRAWN BY: CEs CHECKEE) EY- KOR DRAWING TITLE 13 ^ Existing y ,mom " Conditions z Shrub Plan m LOCAl1ON MAP �. V;FETNUNE€R p �,o=� L_6 SCALE I =ao 0 OF VILLA DORADA SEAGRAPE MUHLY GRASS �'�'LIOHi FOLf z m �J R/W L NE 'i— SPRINKLER "n VAULT BGk _ _ -_ ._-_-_ AnK ° --------- -"" _ ___--e__. _- ___- ° OAH__-__-- _ CATCH: A I OAK _ J T w Ld �uuG� se LFJ RAIL FENCE THIS SHEET a O'Leary ? Richards Design Associates, VILLA DORADA PREPAREDFOR F1CUS GREEN ISLAND EAR CITY OF AVENTURA RfE GG% a _ __ CAB&4CE PAL fi.. z - ____-I A �-'• rEL�. �K DLVEK � Y Gam' u - f1�C�-� 6 �Eaunans � P ' ; � WEB COUN-f2Y CLUB --DRIVE A ^ a ­13 7 1 - `S ! L Z1 — uLI E 1 o EK _= z Q w _ �1�-/ `-A�/ K AAK C K ° me r� nCIANA �Y� ASPHALT PA Hf`�'�_{)�' _�— R/W -WAX JASMINE SCHEFFLERA DAZZLE - o0 PAVR-A-G{SLSE TREE f-� PP A',A _BEACH OLIVE F -CA3B J- ISSUE DATE: E , FENCE (tta,J - - Dec ber5,3B16 REVISION DATE MUHLY CRASS TRINETTES I DRAWNBI CHECKED BY: KOR DRAWING TIITL€ Existing Conditions Shrub Plan SHEET NUMBER L-7 SCALE ­20-T OF 4 cWa � O'Leary THIS SHEEP ` Richards Design Associates, z0000#1 Inc. 8 Lu� z PREPARED FOR'. MUHLY GRASS CI YOFAVENTURA i toc�nroioN VAP BISCAYA FICUS GREEN ISLAND cAF -VI 6g� RN! LINE v Doc scoop R _ ` (oseEr<sER T--��_-__----__---"--�._-- � � eoxis "TELE.___-_________—__ .__�__ - __._________ � TILE R A D) /1 -- _ - u `tN ® C h COCOPLUM _ OAK OAK R bAHOGANY lS,7J y)l 6 l /- "W � MAHOGAW .Kl£ J FICUS GREEN ISLAND cas Mi"us° - -- - ------ 2 j o M �5 Ps d _ ,BGA� G — LIJ V AFIRE HY9,ynNi [�\cI, 90x O�-' " INtEi �— � � ER Vq r v'•J — C VILLA DORADA sER°/ w z n �` - R� - ACE Gf PALMS (iYP.J Z O NHOlE144- J < 5RPDXA o ✓ su \_ V NA /B yUCk rYi CL E _ I.EMIT va us IN O R;4 i- _ Rn r4Jl rnluuAI sov raEEs � INaANA e cnrcn I 0 v --a UNL — ------------ ISSUEDATE a aE 10 IXORA 'NORA GRANT' REVII DATE RALE G why s/cA �� - 7 /ve Hox CM,y stALc. As NOTED DRAWN BY. CES 1 E\ CHECKED BYKCR DRAWING TITLE yJ Existing Conditions Shrub Plan _ FICUS GREEN ISLAND �\ SHEETNUMBER HIBISCUS 'RED' AVE�W5RA" L-8 OF O'Leary Richards Design Associates, Inc. IXORA 'NORA GRANT' MUHLY GRASS IXORA 'NORA GRANT' FICUS GREEN !BEANO - FICUS GREEN IS ND IXORA 'NORA GRANT' ce�`-enD _ ___---------- FICUS GREEN ISLAND ® _ _ � --- -- --- - ------------ - --- ----------- PREPARED FOR ° GPN s. - ___ �yl`y)J `(J,,Y°� ;})- - _ _ _ _ � Sp _ CITY OF AVHJTUR Ncr� -- - - - F, Bo`NR i-" v �R GPEE � • OG� .� .. _ 0 AiV (rye _i RDS l ° W M^W -_ : z �-up146 • 5 _ i C/1Q❑ 12 /O 0 O ow PX 0 _ _ 1�1L U ,r RPM FENCE lP� ` _ _ ------_ W l _ /1' lwT �' S bhp {may _-_.-_ _______— _—______.O__. ll....IUnJJ.. 11 2 __.. _ _ ..—. -___ _ __-__-_.___-___. IN MaH � O -fiNCE_ p �Wti PCD. aA----- _- FICUS CREEN !BLAND IXORA 'NORA GRANT' Y, \ ISSUE DATE: 1 D,—kr5,2019 Y SEAGRAPE REVISION DATE THIS SHEET y N SCALE, AS NOTED �! DRAWN BY, CES CHECKED BY: KOR D uwwc TITLE 8 I Existing Conditions Shrub Plan ,a SHEET NUMBER eo 20 40 LOCCAroO<N, MAP L 9 OF R 0 N O'Leary Richards Design "BISCAYNE YACHT AND 00-NTRY CLI-B Associates, 2ND ADCITON" Inc. .�2 SEAGRAPE FICUS GREEN ISLAND • .m PREPARED FOR: FICUS GREEN ISLAND CITY OF AVENTUR SPRINKLER GAS VALVE CA - VALVE BG% �.__ •� COVER -ATVZ-- C.B. ((1MMAA.L UAH DRAN ° MPH -- -- ___ - _' v P. N SLOP CA EK R �1J"'•�o\FK__.5_-GONG - 0 KAL- - � CN O IVE ®' 1'� (VlOAt— �9Pa____Ti L �A�c ,. --_ W e --- ` A BADE PA_M\\ � '• ._.___ _i. _ 'ST EL -- TEL FL. OLIVE NORM COUNTRY CLUB DRIVE ` GGDNN- — � (In,R) T cAeRACE RwAs fTrP_) � ' � a l ®•; eL� oLVE ........ _ a = 2 153 = Do _' a B (rvPl _TRAFFIC se e.i P TABEBu x . CN __ TA2EBUTA Fa z /n, . NFO — - _ ISS J. — FFU A i% E � zoo I w G 2 Z a ®i =C P dL OLIVE BL. OLIVE ((''O))AK (J`/�) (J`/�) ° _ _- ___-- _ iABEB A� _ - y= l`! r \ O , r e ,K ( ° OAK ( O IAK�MA � �OJ ��4��E3+' ° l`-`Yy 1`-1 Jam( JJJ�'��� _ C UUBO 9 ° c _. - ___ ___ _ �K OAK s$O- - ASPHALT PET. PATH v a o -_- coNTn NE �! ° A TV G11 AD PYOWY TA �'•'1... MSOO�-,'•-A1v0 '•� ISSUE DATE: „= GUMBO REVISIeNDAT RCUS GREEN ISLAND - Toc- LEP s6R - --� -� REVISION GATE. LILT THIS SHEET _ BISCA"NE YACHT AND COUNTRY CLUB RAILFEdcE(TYP-) _2t3 5TI ADDITION" MUHLY GRASS SCALE AS N07ED L DRAWN BY :K CES CHECKED BBY: KOR DRAWING TITLE Existing a Conditions Shrub Plan O SHEET NHHRER Io so m eo Er m - �. LOCATION MAP s<ALe I =ao-o OF BL GLUJ o � Q O'Learyu" _ bards BONAVISTA 1— Assoe s, Inc. "RISCA"NE YACHT AND COUNTRY CLUB 2ND ADDITION' Lu FICUS GREEN ISLAND j FICllS GREEN ISLAND SEAGRAPE �Y� / _.�V�u.�"�.,m�y��•'.� N PREPAREDBOR: TRAFFIC I A WIRE P�LLVBO FO NEL % CITY OF AVENTU RA oa enre GAS VALV° - IrvK-FIR AATOV- Sif,N� r5 WAiER /ELEC Lj covER (z)�._'aR oz ------- WATER VALVE BO% VAIEXT WATERMEfE BGLLARJS (ttP.J � PEMP SPRINKLE: VALVE BOX _ _ - OLLER 30H _ o _ _ __.................._ _ _ Q. _ __ - cq o VALVE SO% eWALK TIRE SPR _____ _ _ _ __ W __ - __ _ I�yA[0�-,� 1 P. FABfELIA AA �� 6__u ARBAGE _ e'= ;i __ _ _ _ __ _______—®-; __' IT, BOxIVE L L )____ _ _ _ _ o_ _ _ __ __ _ `ram LA `TI, CAW '. Oi ®L.B. . �Nc HYCRAnr -- I (Z°�I') ylf,��JI--�LJJ a BL. OLIVE W WATER P -APE.. h R . w _ �E ry�c���lr,{7J Ali y Y. iABEBl11A P. TA3c9l1A . + - cAN ____ -______-- -DIRR __�K-RES` i' d V�—sPr, M.,. . _______-_ eoL yT� AIR E Box cwN_ W _ _ � nor CAN PULL BOX FAN PAL CJ AL \ A C) slcu P.H. s! �3Cs 0 ERHEAC z Q z L= COCCNLT FAIL- P. TABEa UTA P, -ARF.A I IAH TIPCO T PC C PAN SIGNAL PI;PPOR L1J Q z �n T TE 61 16 163 Q N, GNCo INFO ", % SIGN SENELAa Ms .. __: } __ :_ _-_ — -_- Kr�i_»a a©x _-_ Q -_ _ �. ucHT POLE U PINK NEEEJA ------------ D ASPHALT PATH NIL VLVL'E (T'P.) NORl d COLATRY CLUB DRIVE W �- PNKTAPEBUV FXI LIANA �" aINK raeEP�.;IA I �I Z.�f' ABEeuw IVRDd _ _ _____— - - -- SIAPE yJLIArL)f _ _ _ TABEBITIA - -------------- - COPPERLEAF "RECA"\E YACHT AVD COUNTRY CLU3 5T11 ADDITION" -._. P O. SiGP 518W A n SPRIM1KLER/ �i t� PUMP I B W JOSEPH'S COAT ISSUEDATE Be—b" s, 20 I a FICUS GREEN ISLAND N REVISION DATE: IIIII SCALE: Al NOTED DRAWN BY CFS CHECKED BY NOR Ili ORAVANG TITLE Existing Conditions Shrub Plan SHEET NUMBER L-11 OF oL14 "I" BL. LIVE = FICUS GREEN ISLAND COCORLUM L°1LF JOSEPH'S COAT I -IF SIGNAL 9LE M °t�E.R"A_� •,.� /' TRINETTES 12" ALVER tv % LL RG _ ELfy, METER ' ® ` TEk ME CpN 5 EWALK FRE HYORAJT .- AK R A x ® (�A,I lIMr iK� �5BL LVED Al (>l t-ASCdY!` AN 4 XWATER vALVE CON�. ADV J ASPHAL ..-BAN W Z CDCNIIr PALM (TVP T'P -)- COCONUT PALM (.1 COLON T PALM (11_) w OCO d SEWfovc = ___ ___ _ - CAN M.B. �OVERNEAD SIGNAL NORTH COUNTRY_CLUB DRIVE — zl z ELEG M, H. SIGNAL PULL ,( WREFpUV GrvA Ti Y VE W w w U F STOPSSIOIJry - G. ,I 'HCANAMI IRE SE. OLIVE GATE PALIA Erv_ OVERHEA,B i " IF epv %y�`.��J IL GuvE �s_LN�OAT Q SIGNAL ^BPPOH era U1r�-7"l.��J USE DATE PALM \/13,f"`L �- L % � _ WWW 5_ BVTFON4VOOD5 ---i9" LREE NKSER � BATE PALM IRal I � I epx� `culrv_ Q I 7I 6' x PAL I I �,' # \ TRIPLE PYMY DEL VISTA Tpry \ * LN BATE #M ' �M irP_i1 E % r CABBAGE PALM SAN_ M n. BUVEONS 1 =.� ------ / (TYP. _\\ MUHLY GRASS PLIG % � 9�GG /R (REST ROMS) DA1PAL.yyFENCE -__,GEB KAP6 TRE I , I THIS SHEET . _ TENNIS COURTS 1 LOCAT1 AN MAP s 1 DWARF FAKAHATCHEE GRASSo FICUS GREEN ISLAND ,L®w G eary Richards DcsTgn TELE Rs CAS —c cpV Associates, TnC BL 01 E BL CL VF BL. OLIVE SPR.NKLFk VALVE 80'A PREPARED FOR'. GBcpNUT PALM c,P)� w nrroEnvENruaA APA L] , _ _ z a u MAR W ^' C.B.. reIR W WF�1 .AM i ® I TAMARIAI6 � Z F.Ly \\\\ T { • ° W ELEG. u.H. = L��IJj� --1 o "" —_---- - - CABBAGE PAWS-' .SPENSER� C AST AT —� Z < C,7 � C!] W rI ISSUE DATE Dlw., s, 2018 REVISION DATE: SCALE: AS NOTED DRAWN BY: CFS CHECKED BY: KOR DRAWING TITLE Existing Conditions Shrub Plan SHEET NUMBER L-12 SCALE I-N-0- DF "BISCAYNE YACTT ACD CO'—N—BY CLU3 2ND ADDITION' W W "BISCA`LNE YACH7 AND COUNTRY CLUB ST ADDITION" FICUS GREEN ISLAND w w LVE cevE2 __--� ----- - ---- - __----- __ SowNKL:F v`�E p ° -xcnsswAs spy �cAssw � � re vauLT eox rie _ �--,�--�-_—.. __ _.______ _ (}� J Q vER ---- _ _ r/�^^ `! O = LONG 5 DEVlAL'.t wATE�2 VALVE BO% _ _ - _ _ _ _. _5vk__.__.. ' - LV- __- _ - __ _ _ _ J W aK ° N ° AK cABOPPLMS _ K _ WAI CA i W�pE � --..____•-• X Y.r wATEre- � � nA Ere vA E Bo ®'I � - �„���w-•- "'-- W Hox .- sucrc ouves-y. " --- ------ - - -- � \� — e� - MMU - Q 1NG :GN i. Ln ---- _.__ 17 w 1 AK nl MUSOr� -- U CG z p pNLr -- e _ve b _ Y _ _A M b 172 2 ray f_ _ - - - 1 1 - _ _ TAMARIND - o _ NMn__ ___ __ b� my o� ' uvRo I-cAaec� RI�o e� OLIVE_ • - ° eeucH�® � �nMn ND-AMAreiMo AS —_ \___ P HILT 11H - FILMIC HEDGE- _ _ KI=R ALV B ___ / 5 _ F° -____-- ___ _ I—L RAC- F-�JGE inP JOSEPH'S COAT - FICUS GREEN ISLAND FICUS GREEN ISLAND ae pRNE fi" OONG V�pRPNT O'Leary Richards Design Associates, Inc. PREPARED FOR: CITY OE AVENTURA Q GQ /1 a I --I Ca zoo 0 y z z �< O� V] SUE DATE: D—ber5,l01B REVISION DATE: N SCALE: AS NOTED DRAWN BY. CES 1 CHECKED BY: KOR DRAWING TITLE Existing Conditions r Shrub Plan l I` SHEET NUMBER L-13 DE Q r��m avut O'Leary Richards Design Associates, r r., tia PREPARED FOR. EL DORADO TOWERS SCHEFFLERA 'DAZZLE' SCHEFFLERA 'DAZZLE' SEAGRAPE .� arYOFAVENTURA r� SEAGRAPE „n cA�s � eas €ve R W '� CO WA' OAK "LATP� C�NC Eq€ - F= W { /w c ,F — a E Ec nc €' rs 7 vE _ —_ oau LEF oAu e �/� ° __�. o vE FEEL - l T- c'D c wnLfz' _ .. - r{CC ___'- cw _ ,.€ o- .vAr'�[-itJiAUF FF an mni ` • 1 - I - - F. _ „• Ln 19 1 H. Q17cn - —L� Z ___ ---- .-or u.�� vr� _— P _ j Q ------------- COUNTRY CLUB DRIV F- Z !A -MA uA yvH ni--LEK oAu "--•-•'- v.rnD nwE ®e 0 R - - — — — _s r,AT — — —_— -------------------- --- — --- --- 0 z -. - - ry ZRAIL FtNCE Rar FENCE r '(J.yY} __ aArP r[u�c Zrrrr p, FICUS GREEN ISLAND LssuEDATe --- ---- ----- --- Decembers, M18 THIS SHEEP REVISION DATE: _ �� "BISCAYNE YACHT AND COUNTRY CLUB SCALE ASNOIED 5TH ADDITION" CHECKED BY:K CHELKEG BY: KOR DRAWING TITLE s N Existing Conditions z 4� Shrub Plan e.. SHEET NIIMB€A LOCATION MAP ���` L-14 QI-E F _1- �` DF N FLAMENCO TOWERS IXORA 'NORA GRANT DWARF FAKAHATCHEE GRASS FICUS GREEN ISLAND nPDO% DWARF FAKAHATCHEE GRASS FICUS GREEN ISLAND ` LVE �.FHRf YDI— ✓ - � ELL RISER -- _.-- --- 1,,Ok iN .� coNEN BIACK (jAK. CUNO GN try G f OLIV NOFI ✓ALk ✓ N Ovgj. M$ 6L. DIVE 5GN # �. AL �GAti BOX '�pgT{1! V E RRIGA N k CRA -E DLE VALV I fig. �A .r On - VALVE o � AL CLIVf ` f 0V e �< o � '� _ /f AS VALVE ELE P 7 ( OC IT A M (TYP) PULL 80X-� - ER dWATER J 84 -- - coc-1 PAw (TYP) E vuv' y%— 1 W NUT UILT POLL J') NORTH COUNTRY CLA DRVR o .-nMnRw.,w,� ND o 'AMaainc /a6 ��� TAMaRiNo e o'] oAA aNcnv uAH �NA✓ H'^`._,. `� R GA ON VALvk '`v�_y,"�� e � �MAH Q �: CY M e / � 1AH. - ry o SPH. PLP PATH-) UOG SCOCN CiSPE 5 RrELIE — (Q s PHONEL"�"� R6ACAIN 2 v IN O'Leary Richards Design Associates, Inc. PREPARED FOR: CITY OF AVENTURA REVISION DATE. 1 KALE: AS NOTED DRAWN BY: CES :NECKED BY. KOR DRAWING TITLE Existing Conditions Shrub Plan SHEET NUMBER L-15 Of SEAGRAPE -FICUS GREEN j LAND DNYARF FAKAHATCNEE GRASS HAMPTONS i MUHLY GRASS MW WATERVIEWIlk HAMPTONS DA SOUTH NG PA NF liH, !• 1ry _ °`1it� R\v �N v 1 5LM _ 22 o OAKS... O in oAK ('.V✓'' �7'l�l.J 10 ° u OAK ° pnt/y C cO�ONtn =� li,_ ClA f IBA Y GRAS ,mG . WAX JASMINE SEAGRAPE - \ �P I 41N GRASS i SEAGRAPE MUHLY GRASS SEAGRAP ----SEAGRAPE MUHLY GRASS I TRINETTES rRINETTEs TRINETTES LANDMARK TERRAC S AT 1 rEa_TURN.BE RY 4- 'rA PPVCRS I ,M.. OPV fn3BAG (I'A1-, /� Pv r ' } tiAKOAK WALK LQ G. t] CAB E PALU . -}. 0) Q eocomur —'"' ----- roc Ln onuT Ya VAN 24 Q E 60X \ �� ~ 193 .__ —\ _ � z � 0 1 U �aBa,E 2 ~ W_ -__. _.-_ : .. AGE PALM G 'lr/ _ "LLI�JJ (-IAJ�J scN4FRK ns�NALTPn� F�cu e Z ° ��cm°h C� CA O'Leary Richards Design Associates, Inc. PREPARED FOR: CITY OF AVENTURA ISSUE DATE Drcemba s, sal a RAASION DATE DRAWN BY: CES _ Ly CHECKED BY: KOR FI REBUSH DRAWING TITLE THIS SHEET L ! Existing Conditions Shrub Plan 1 SHEET NIIMBEH i ' L-17 LOCATION MAP —LE .1 =io-o _ - - FICUS GREEN ISLAND 1M 1 F�US GREEN ISLAND '-. TRINETTES .FOUNTAIN GRASS _...- _..- •' - 2 -` DWARF FAfCAHATCHEE O'Leary Richards Design Associates, Inc. PREPFRED F@k CITY Of AVENTURA PORTO V! D'A - - _ - a WA,ER GUM - -- QI ." API G and RUP ®afl P.P�S GnBFnGE f A M � .,M• —(; „.. �/ ___'--. ': - o M STORM MH� - , G T O, ,C" —` rr a cD `V ~T / I DI'PIV L } - 'EAST COUNTRY CEEB z ogre nub — Q E oN ® OAO o�' U > 0 i yL t __ - -._ ._ __ — ISSUE DATE; G J TURNBERRY - REIISION DATE VILLAGE Q ° SCALE AS NOTED - _.- THIS SHEEP ICHE[KED PRAWN BY: CIS Av�K6R 'DRAWMNG nTLE Existing Conditions Shrub Phan (SHEET NUUMBER, OF tl4uQ1Ng07nd bia �iffl.LN3Atl aelunoa � 22 0 _ Ndld SII2IHS SNOIIIQNOD Ji�IILS ClIXa d J w o L �s o U U) N (0Z—1 133HS) 0Z+60Z *VIS �7NI7 OJIM o I I � co o w o� w p ? 2 Y - I � 3 o LL Q ry I j W F— d I e � � o w I � I p � x Y �I �f i i o I i I m® dls 094- I >wos �a,-z.ne�yrdv a�n �,rv���pEa aNus-e,�rva�r�marwt ai nzv� N � e _ eL. �uvE x �Q UNrRY�uB� � P�ONur Z � V BRICK STOP � GN....�Flrf ayLM v� .:-✓x - fV pP6� COUNTRYCLUB °fcMf4l PAE ESTATES.. A N FICUS GREEN ISLAND MUHLY GRASS LIRIOPE FICUS GREEN ISLAND DWARF FAKAHATCHEE w GRASS w — TE - CONC� —, CAN PULL �- TE Y �dT SER _ .. _.`NG WALK - - OAK c GUAO G O _ CONC 'NPLK --- OAK ° tEL CONG P --' -- W< PE N PU M H -SLAB GA LEY q 0 xEs sEPCRPPE cneeACF PALM CTMP_ Gs BBPPERPOU a B9AGE PP M("P w PPLM(T1'P) 1 — CAB—L PALM I—) � MAH. OAK- oAl °A MPH. a LI UMBO E UMBO � o MA Q gC/,��J{GUMBO eeM Ali A -. CABBA E - GUM lwr-lJ') ® _ MBO MA .J uMao MeC _ W ASPHALT PATH - cuMeo - o - _ _o f BRAZL EPPE ]' DECO METAL FFNC, TRF�FORM€RS) (TP&L O'Leary Richards Design Associates, Inc. PREPARED FOR. CITY OFAVENTURA ISSUE DATE: December 5, 1BIB REVISION DATE: SCALE AS NOTED DRAWN BY: CFS IXORA 'NORA GRANT' CHECKED BrKOR DRAWING TITLE Existing Conditions Shrub Plan SHEET NUMBER B0IT L-20 OF N N I IXORA 'NORA'GRANT' THE YACHT CLUB w DWARF FAKAHATCHEE GRASS FlCUS GREEN ISLAND F1CU5 GREEN ISLAND _� � .may v PULL BO CCAE PpL� --� IRRIC 0 SCAN WIFE PULL RO N " PpN Bo % SBvtM.N. Z f,L Rlox e - N ° ! P� I � ' CAegAGE a LM �—^S'- 219 217 1` - DATE ELMS 09 0 ® ODG SSEP MpH - C P - M S:� ASPHALT PATH - -.. M N.. MP �:: AN cDNC ..._ - - ° cDNC. P� EOESTAL LIN, MH - SEAGRAPE _ .. •� 9RIGN Iy �IPROMENADE AT AVENTURA O'Leary Richards Design Associates, Inc. PREPARED FOR: CITY OF AVENTU RA Q 1--1 p-1 F4 �Q¢ 0 zoo O E.y V C HI w �a Oo ��FF�� U (D W IssuE DATe December 5, 1RIB REJISION DATE: scAEe 'I Z DRAWN B CHECKUL RY: KOR DRAWING TITLE Existing Conditions Shrub Plan SHEET NUMBER L-21 OF I I I Q i Lu O'LearyN" - - Richards - Design I u Associates, Q } YE LOW F SHING SIGNAL s tII FICUS GREEN ISLAND �f FICUS GREEN ISLAND ELECTR F G PN'S COAT TRINETTES tI IX mErARED aR; DWARF FAKAHATCHEE GRASS TRINETTES T IE SIGNAL MAST ARM [NOTE stALI m E I �Nc sLa COTY OF AVENTURA PEDESTRIAN - MAIIOGA Y �rAS VALVE R/W LINE- PRINKLER GAS VALVE -__coNTeoL VALVE � _sMw rreµvm oV ER VALVE COVER SIGNAL LEC M EP, q['I\P SBTMN -.WIR ESPULAER`KEEPER HEDG LINEN ---N__-_. ___----------MAHOGA v L �RCAN RSER C NTR V PARKING SIGN C%J 6P F ° RN G , Q Q I s G _ ) ; F, Lv DISPE _ 4 P V Ci - W.MYRTLE SI NPaRKINC P. iABE _ p H VAl4E J 1 - M Y TORT - a DVERHEA SIGN L P - F — — 0 BAST C0-4NT CLIP DRIVE Cc —BANE PALM (TYP) —L PALMS .A T - _ _ C) ACT .A �Yror�l,-Afar FIc s - _ u. 1Cn GVER11D L s w s SUPPORT OCO PALM -Z z Q CONDO SIGN PILU PGE IAI NO P RKIGN p V F, - U OyyJ"'J{'1) slr,N �R MAH - IRR CAY ON _. - - - - DSPENSERT.L CAR SCAN C 6 CR VALV =LAB WAS IN TON Q U/ ALVE BOXES _ II o ES OA O CRAPE MYRTLE PAfM vAlt PP 1 _ _ G. C YRLE _ r Q N NG Pq f_ FP o eax P L SV PPORTD GIRC PULL KKXF L W M/J ._. 'BENCH MA a WA � M MA MAW R/W LINE IGUSr ( P) OA OAK OA GA Oq OA LGUSTRUM 'IT')PAL _ TRINE7TES `L COCGPLUM I�� � ISSUEPpTE. FICUS GREEN ISLAND 0,,—b 5,2aIA 1 �I REMSIQN DATE � 1il SCALE: AS NOTED DRAWN BY: CPS 'I I CHECKED BY. KQR DRAWINGTITLE II i Exilsting Conditions Shrub Plan SHEET NUMBER L-22 OF EXISTING ANNUALS Ow EXISTING COCONUT PALMS i/ + WAX JASWN€ (TYP) � 1\ FICUS GREEN ISGND ANNUALS �,\''�,\// \ + l ' / 1 '• FICUS GREEN ISUND (ttP) RED VELVET PJ "'t 7' \ / \`-/ \ o / WAX JASMINE (7YP) i; + FANNUALS % + 1• \ FIRE STATION ANNUALS FICUS GREEN ISLAND (IYP) \ WAX JASMINE (TW) F-- EXISTING DATE PALMS O'Le Richaary rds Design Associates, Inc. PREPARED FOR: CITY OF AVENTJRA Q r—i W�II rll _ O O ryMO� FH W i o z�w m � a � 0 � z 0 H 5 ISSUE DATE' oe�ernP, s, mle REVISION DgTP, DRAWN RY CES CHECKED BY KOR DRAWING TITLE Landscape Plan SHEET NUHAER 0 o L-23 OF _. - - 1 - ._ _ EX �101WA- 01�-'ftyard, W Design z w ANNUALS (TYP) N.E. 190th STREET _ Ex. ROYAL PALMS ANNUALS (T P) Associates, Inc. Q 43) W PREPARED FOR CITY OF AVENTURA W Z T-1 -T� u COO n z a -- - �----------------1----71 o�a� ---------------- ^ --- --- — — ---- -- C? - Ex DE-1 I I • ANNUALS (T)P.) Ex. RorAL PaLMs 190th STREET ANNUALS TYP ANNUALS (TYP) ( ) Ex. FOXTAIL PALMS Iti W Qj �N.E. \l `/ \I v\r O O B e B O O 1 1 / o`\ / ° \ / ° \ / ° \ / ° \ / ° \ / ° \ l 0 1 l ° \ / ° 1 / ° 1 / ° 1 / \\ /��\\ 1 R` / S A / K / } / ,�� \, / 1 ° / m ISSUE DATE December 5, 2018 F— l\ /\ /\ A A A lV � _ - �� — ti REVISION DATESCALE. /,��s� • — • AS 140TED E EWn _� — / \ _... _ _ �.._. _- / \ / \ � / \ / _ '- � _ \ DRAWN BY CBS CHECKED BY KOR l ( r u�1 �.—F..�_ T� ;I `�} , '1 I, _ ---_ t � lj DRAWING TITLE La Plan Pe O \ SHEET NUMBER L-24 OF a v o I. ° o Re hcards Design ry T Associates, F Inc. ANNUALS (Tl'P) Z N.E. 190th STREET ANNUALS (iYP) Ex. aorAL PALMS ANNUALS rr IVA— l/1/ % Xu u u PREPARED FOR00 o OPREPARED FOR. FSV— V CITY CF AVENTURA i .._ • •. _ � _J—�\, fL� ',,. _— __ ---_ EX. SIDEWALK _.—_. _ � • � _.___ � r r.— L III �� �. I ��S'�I �tt Ll C� ANNUALS (ttP) CARDBOARD PLANT EX. ROYAL PALMS E- fT� 1� U --- ----- ISSUE DATE I December 5, 701R U REVISION DATE: W Z 0 -- �� S SCALE:AS NDTED ' DRAWN BY', CFS CHECKED BY; KOR 0- (S U H) DRAWING T1TLFF PL La Pe Plan SHEET NUMBER P �.���_�-0• L-25 OF CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manag DATE: December 5, 2018 SUBJECT: Discussion of Miami-Dade County Public Schools Priorities (Mayor Weisman) RECOMMENDATION Mayor Enid Weisman requested the attached be placed on the Workshop Agenda for discussion. If you have any questions, please feel free to contact me. RJW/act Attachment CC01762-18 - rte- Miami-Dade County Public Schools giving our students the world Miami-Dade County School Board Superintendent of Schools Perla Tabares Hantman,Chair Alberto M.Carvalho Dr Marlin Karp, Vice Chair Dr.Dorothy Bendross-Mindingall November 19, 2018 Susie V.Castillo Dr.Lawrence S.Feldman Dr Steve Gallon III Lubby Navarro Dr.Marta Perez Dear Mayor: Mari Tere Rojas Despite Florida's economic challenges during the last several years, Miami-Dade County Public Schools has delivered compelling student achievement results that are nationally recognized. The District is an "K-rated school system with no "F"-rated traditional schools for two consecutive years. We need your continued advocacy to continue our progress and success, and we request your support of the Miami-Dade School Board's legislative platform. The enclosed platform was adopted at the October 10, 2018 School Board meeting for the upcoming 2019 legislative session. This platform reflects the legislative needs identified by the School Board and District staff, as well as interested citizens, PTA/PTSA groups, employee groups, administrators, and other community stakeholders. We respectfully request that you support The School Board's top priorities for the upcoming legislative session. These include: • Increasing the Base Student Allocation (BSA) by five percent; • Modifying the District Cost Differential so that it takes into account cost differences integral to ® educational institutions' operations reflecting such costs as average teacher salaries, health insurance for employees, property insurance per FTE, housing, and transportation costs per FTE; L. Fully funding the cost of assigning a School Resource Officer to each public school as required by law; and • Extending the authorization of the locally-voted levy for operating purposes from four years to 10 years. cy On behalf of the public school students of Miami-Dade County, thank you for your continued support, and I look forward to working with you again. If you have any questions or need additional information, please contact Ms. Iraida R. Mendez-Cartaya, Associate Superintendent, Office of Intergovernmental Affairs, Grants Administration, and Community Engagement, at 305 995-1497. Sincerely, Alberto M. Carvalho Superintendent of Schools AMC:ajo L533 Attachment cc: School Board Members School Board Attorney Superintendent's Cabinet Office of Intergovernmental Affairs, Grants Administration, and Community Engagement School Board Administration Building• 1450 N.E. 2nd Avenue•Suite 931 • Miami, FL 33132 305-995-1497.305-995-3088(FAX) •wwwdadeschools.net MIAMI-DADE COUNTY PUBLIC SCHOOLS 2019 STATE LEGISLATIVE PROGRAM MISSION/GOAL STATEMENT The Florida Legislature should establish a five-year strategic plan to restore, stabilize, and increase funding through the Florida Education Finance Program (FEFP) to achieve at least the national average in per pupil expenditures to provide the highest quality education and to enable all of our students to be empowered to lead productive and fulfilling lives as lifelong learners and responsible citizens. 2019 LEGISLATIVE PRIORITIES FUNDING: Increase the state's investment in K-12 education by increasing the Base Student Allocation (BSA) by five percent annually to allow school districts to enhance teacher salaries by implementing the following strategies: • Discontinue the policy of rolling back the Required Local Effort rate; • Reinvest current state funding for Best and Brightest in the BSA; and • Ensure the Funding Compression established during the 2018 legislative session sunsets on June 30, 2019. Ensure that any changes to the District Cost Differential take into account cost differences integral to educational institutions' operations reflecting such costs as average teacher salaries, health insurance for employees. property insurance per FTE, housing and transportation costs per FTE. Oppose any further compression of the Discretionary Millage. Fully fund the cost of requiring a School Resource Officer at each public school as required by law. Increase funding for mental health services for students and safety infrastructure needs. Provide school districts with greater flexibility of its use of Title I funds by separating the indirect cost from the 10 percent allowable administrative set-aside and increasing the allowable educational services set- aside to 10 percent. Extend the authorization of the locally-voted levy for operating purposes from four years to 10 years. GOVERNANCE: Oppose legislation that subverts district governance of constitutionally-elected local school boards and elected or appointed superintendents to supervise all public schools. CAPITAL FUNDING: Support the state fully funding charter school capital outlay. Ensure that sharing school board's Local Discretionary Capital Outlay levy revenue with charter schools is permissible and not required for school districts. Protect taxpayers' interest by attaching a proprietary interest equal to the value of the allocation from the local discretionary capital outlay levy revenue provided to charter schools, and prohibit charter operators from personal enrichment from public funds. Page 1 of 6 TEACHER/PERSONNEL SHORTAGE: Implement and fund strategies such as teacher fellowships and loan forgiveness programs to encourage ® and attract talented students to enter the field of education. Allow school districts to re-employ teachers, other instructional personnel, substitute teachers, and school police officers after one month of retirement without penalty to the employee's pension. Include Pre-K teachers in the list of instructional personnel eligible to extend the Deferred Retirement Option Program to 96 months. Recommend the State absorb the cost of candidates taking the Florida Teacher Certification Exam (FTCE). ADDITIONAL ISSUES FUNDING Require advertising a tax increase only when the cumulative tax millage is greater than the prior levy and not simply because the ad valorem tax basis generates more proceeds. Fund programs taken by students beyond the 1.0 FTE cap or 25 hours a week such as dual enrollment or virtual classes outside the traditional school day and year. Provide school districts flexibility in the delivery of the additional 180 hours of instruction for the lowest 300 elementary schools to include summer school, Saturday school, afterschool or any combination of these strategies. Eliminate the arbitrary cap on the number of gifted high school students funded. Provide supplemental funding to create community-based networks that develop, coordinate and provide quality education, parental training, accessible health care, housing, youth development programs, and employment opportunities to ensure safe neighborhoods for children and their families. Restore school districts discretionary lottery to pre-recessionary levels. Preserve funding that allows M-DCPS to assist refugee and immigrant students and their families or that negatively impacts our students' ability to obtain an education in Florida. Allocate funds directed to provide supplemental services and support to at-risk students. ACCOUNTABILITY AND ASSESSMENT REFORM: Revise the current accountability assessment system to: • Provide Florida's statewide assessment in multiple languages to English Language Learners (ELL) who have received instruction for less than three years as allowed by federal regulations; • Provide a waiver from the passage of the English Language Arts (ELA) requirement for ELL students who have passed all other high school graduation requirements and have been enrolled in school less than two consecutive years: • Include the performance of ELL students enrolled in school for more than two years for accountability on the Florida Standards Assessment (FSA); and • Define goals for ELL and Exceptional Student Education (ESE) subgroups based on achieving learning gains on state assessments as opposed to achieving proficiency. I Page 2 of 6 Establish required credentials and regulations for Education Advocates who charge fees for their service. Ensure that the General Equivalency Diploma (GED)test is offered in Haitian Creole. Support amending F.S. 1003.4285, relating the high school Scholar designation, to allow for more rigorous mathematics course work to replace Algebra II. SCHOOL READINESS: Support state funding for a high-quality, full-day Voluntary Pre-Kindergarten (VPK) program for all eligible students. Replace the current VPK assessment with a developmentally appropriate on-going assessment tool to timely measure children's progress and development, to inform the teachers and parents, and to evaluate the program's effectiveness. Streamline registration, certification of attendance and transfers of students to maximize operational efficiency and facilitate appropriate funding for students served in VPK CHARTER SCHOOLS: Allow school boards with at least 15 percent of student enrollment in charter schools to analyze the need for additional charter schools and/or require new charters to locate in areas to address overcrowding, provide choice opportunities to students/parents zoned to failing schools, or meet a specific academic need the school district is not addressing. Require charter schools to submit facility occupancy and use documentation by the 30th day prior to the first day of the school year. If unable to meet the deadline, the school may default to an automatic deferral and planning year. Support legislation that: • prohibits applicants with existing schools under academic or financial corrective action plans, investigation, or some other kind of sanction to apply for an additional charter; and • strengthens accountability, protects taxpayers' investment and ensures compliance with charter school fiduciary responsibilities. SAFETY: Increase penalties for firing a gun within 1,000 feet of a school. Support legislation that establishes penalties for the unsupervised possession of a firearm by a minor. Support legislation amending F.S. 316.305 making it a primary offense to use a cell phone while operating a motor vehicle. Support legislation that prohibits the sale of e-cigarettes in misleading forms such as pens and USBs. Support legislation and state funding to increase awareness of opioid drug use and its impact. FACILITIES: Modify the utilization factor for K-8 centers as follows: 100%of Florida Inventory of School Houses for elementary school student stations, and 95%for middle school student stations. Exempt school districts from paying ad valorem tax for leased properties similar to charter schools' exemption. Page 3 of 6 Secure funding from Section 16 lands sale/exchange for the purchase of the Young Women's Preparatory Academy. WORKFORCE DEVELOPMENT: Restore performance-based incentive funding for postsecondary CAPE Industry Credentials. VIRTUAL EDUCATION: Eliminate the"written" notification requirement to parents regarding open enrollment in virtual programs allowing for electronic notification to parents. CHOICE: Amend the Hope Scholarships to apply only to °substantiated" incidents of harassment, bullying, battery, etc. POLICY STATEMENTS: Funding Fully fund the class size reduction requirement while providing increases to the BSA and other components of the FEFP. Examine Florida's tax structure and phase out sales tax exemptions for non-essential goods and services; ensure that internet sales remit necessary sales tax to Florida. Oppose the imposition of unfunded, state-mandated expenditures. Support maximum flexibility in the use of categorical funds and all funds appropriated. Maintain the integrity of the FEFP and equity of funding among school districts. Oppose any prescribed expenditure such as the "65 percent solution as a mandate in the Florida Constitution and further oppose any such legislation, unless established as a spending goal with the definition of expenditures, to include all instructional support expenditures. Support equivalent supplemental funding for the participation and the attainment of a diploma for Advanced Placement, Cambridge(AICE), and International Baccalaureate programs. Oppose legislation that increases the sovereign immunity liability limits on governmental agencies. Commit to long-term funding stability for teacher performance pay and teacher evaluation systems. Allow school districts to locally establish contract provisions inclusive of cost structures with postsecondary institutions related to the delivery of dual enrollment Increase ESE per-pupil funding to account for both student growth and inflationary cost particularly in level 254 and 255 to provide early identification and intervention services for students with autism. Support grant funding to create new and innovative programs and academies. Fully fund the extension of the school year by 25 instructional days for the lowest-performing elementary schools in lieu of extending the school day. Page 4 of 6 Support funding to offer an extended school year beyond 180 days for all students. Maintain the current required employers' contribution rate to the Florida Retirement System by absorbing any planned increase in local employers' contribution. Support state funding for the administration of college entrance exams, SAT or ACT, during school days. Capital Funding Provide adequate school construction funding to support new and existing facilities, technology, maintenance, land acquisition and class size reduction needs through the establishment of long-term, stable and recurring revenue sources to fulfill the states educational facility needs. Fully fund the Public Education Capital Outlay Program that involves construction and maintenance programs for public school districts and ensures that school districts receive their fair share. Oppose any further reduction in capital millage available to school districts for the purpose of balancing the operating budget. Oppose any attempt to equalize the capital outlay levy. Oppose the deletion of impact fees unless replaced with another revenue source. Expand the allowable use of a locally voted upon sales tax to include operating expenses that maintain, renovate, or repair existing school facilities or maintain secure, or upgrade school technology equipment Governance Oppose legislation that subverts district governance of constitutionally elected local school boards and elected or appointed superintendents. Oppose legislation that modifies the governance structure of The School Board of Miami-Dade County, Florida. Oppose legislation that breaks up large school districts. Charter Schools Oppose any-changes to current requirements regarding charter conversion of traditional public schools that dilute the role of parents, teachers, and community stakeholders. Establish a level playing field for traditional public schools by extending the current statutory flexibility such as the exemption from State Education Required Facilities (SREF), categorical funding, accountability, class size reduction compliance and related penalties assessed on charter schools. Support capital funding for charter schools that: • Creates neither a reduction of funding to traditional public schools in operating or capital funding nor a requirement for additional taxing mandate on the local school district • Requires public input; and • Protects taxpayers' investment ensuring that capital funding be spent only on assets that can be returned to the public school district. Oppose any legislation that reduces school board authority over charter schools, such as alternate authorizers or the establishment of charter school systems to serve as Local Educational Agencies. Page 5of6 Support legislation that promotes transparent student recruitment strategies, application processes and enrollment lotteries, and supports enrollment equity of educationally disadvantaged students and underserved/underrepresented students. Choice Support increased accountability measures for all publicly-funded school choice options. Oppose all publicly funded programs that lack equitable and sufficient accountability measures. Oppose implementation of additional or any increases in funding of choice programs while requiring more accountability from schools receiving Florida Tax Credit Scholarship(FTCS)funding. Academics Oppose legislation that would limit offering gifted programs to eligible high school students. Require the state to provide a minimum of one-year lead time on new state requirements for school districts. Maintain the current dual delivery system of post-secondary programs. Support amending F.S. 1019.534 and 1019.535 adding the attainment of the Advanced Placement Capstone diploma as one of the eligibility requirements for Florida Bright Futures Scholarship Program. Ensure charter and private schools receiving public monies adhere to the same teacher certification, student placement, and progression policies to ensure compliance with federal and state accountability requirements. Student Safety/Wellness Support legislation that proposes a"slowing down zone"within an area prior to entering a school zone. Support funding to provide training for students, parents, teachers, school administrators, counseling staff, and volunteers to learn how to recognize behaviors that lead to bullying and harassment. Ensure any casino authorized in Florida is at least 1,000 feet from a school or land designated for school purpose. Ensure that the sale of low-THC edibles is precluded within 1,000 feet of a school. Support legislation that precludes a child victim or witness to a crime be subjected to a discovery deposition in any criminal court proceeding. Support telemedicine legislation that facilitates effective and efficient use of technology to provide health services to schools minimizing the length of time students are out of school due to illness. Support efforts to limit navigation apps from directing traffic to neighborhoods away from major highways or streets. Cybersecurlty Establish a statewide taskforce to share best practices and guidelines to protect student, parent, and employee information. Page 6 of 6 MIAMI-DADE COUNTY PUBLIC SCHOOLS 2019 FEDERAL LEGISLATIVE PROGRAM MISSION/GOAL STATEMENT Provide the highest quality education so that all of our students are empowered to lead productive and fulfilling lives as lifelong learners and responsible citizens. As the first session of the 116"'Congress convenes, we urge the President and Congress to reaffirm their commitment to our nation's children by investing in public education. FEDERAL EDUCATION RESOURCES Exempt K-12 and workforce education spending from budget cuts under sequestration reduction or related budget balancing negotiations, and at a minimum, increase funding to meet increased costs due to inflation, increased number of students, and critical unmet needs.' Increase the federal investment in public education to: fully fund the implementation of the Elementary and Secondary Education Act (ESEA) and avoid provisions that would divert substantial federal resources into competitive grant programs: • Increase the federal investment in IDEA to the guaranteed level of 40% of the costs to meet special education mandates and fully fund the government's promised share of ESEA. • Increase federal entitlement funding to school districts through Title I appropriations for disadvantaged students, Title II for improving teacher/principal training and recruiting, and Title III for English Language Learners (ELLS).* Oppose formula changes or the creation of newly funded programs that dilute or divert funding from high-need public schools, including public portability or any other private school choice programs that lack the same level of academic and fiscal accountability by which local school districts are governed.' Support legislation that appropriates supplemental funding for school safety to support: • school districts and local law enforcement partnerships to ensure that schools have well- trained and equipped police personnel to protect children while in schools; • school infrastructure hardening needs for increased school safety; and • mental health services for students with training of teachers and support personnel such as school social workers and counselors.' Support increased federal funding to the United States Census Bureau for the 2020 Census to ameliorate the undercount of communities of color, individuals of immigrant origin, and individuals who are not yet fully fluent in English. 'Denotes priority item Page 1 of 5 ELEMENTARY AND SECONDARY EDUCATION ACT(EVERY STUDENT SUCCEEDS ACI) Monitor the impacts of the reauthorized Elementary and Secondary Education Act (Every Student Succeeds Act 2015, or ESSA), and support legislative or regulatory mod cations that provide adequate flexibility, guidance and support for local implementation and measures of progress for students and schools. Protect the authority of local educational agencies (LEAs) under ESSA to exercise local control over the use of allocated entitlement funding, including Title I, without further federal or state restrictions.* EARLY CHILDHOOD EDUCATION Support the reauthorization and expansion of Early Head Start/Head Start programs that provide increased funding and appropriate early education standards that are aligned with state academic content standards designed to ensure school readiness. Support federal funding to develop, expand, and enhance quality voluntary preschool programs while ensuring the adoption of developmentally appropriate early education standards that are aligned with state K-12 academic content standards.* Support legislation that encourages states to develop and expand effective, innovative preschool delivery models that promote high-quality childhood education programs and ensure school readiness. IMMIGRATION IMPACT Address the financial impact of federal immigration policies on local school districts and the continuing demand for immigrant education and integration programs by supporting the Refugee and Entrant Assistance Programs under the Targeted Assistance and Immigrant Education allocation serving foreign-born students and their families. Oppose formula changes that would dilute Targeted Assistance for counties with large refugee populations or limit funding allocations by excluding any legal refugees who have arrived in the U.S. in the past five years.* Support future increases in funding for school districts during periods of immigration influx and a waiver of the award ceiling for high-impact communities. Ensure that later-arriving children of refugees are accounted for in whatever funding formula is used,without imposing a requirement of individualized documentation on school districts. Support federal funding directly to school districts to address the burdensome costs of serving the needs of unaccompanied children arriving at schools to ensure districts' operational readiness. Support provisions of a comprehensive immigration bill that supports English language literacy and technical training as well as the DREAM Act or similar legislation that would provide immigration relief to a select group of students who grew up in the United States, have good moral character, and are enlisted in the military or pursuing a college education. Support existing regulations defining "public charge" that do not penalize for the use of public *Denotes priority item Page 2 of 5 services which positively impact the health and education of all youth in our public schools. SCHOOL NUTRITION Support the reauthorization of the Healthy Hunger-Free Kids Act that: • Provides program funds to support the costs of food service employees receiving training and professional development; • Reduces costly and onerous mandates on school districts; • Avoids new limits on the number of eligible participants, including higher thresholds for community eligibility, verification burdens, or limits on the frequency of applications;and • Supports healthier eating options, such as non-diary options for students with increased federal commodity food allocation for school meal programs to off-set higher costs of purchased foods for districts. MEDICAID REIMBURSEMENT Oppose policy revisions to Medicaid that would cap federal support without regard to the actual number of eligible children or would limit the increase of health service costs below the medical inflation rate.' Oppose any policy revisions that restrict or reduce school-based reimbursement for administration expenditures and certain transportation costs for services provided to low- income children with disabilities. SCHOOL CONSTRUCTION/RENOVATION Support supplemental allocations for large school districts with high levels of free-and reduced- price lunch participants to implement "green" sustainable projects, including upgrading technology infrastructure, replacing school buses or maintenance vehicles to improve operational efficiency and to reduce the carbon footprint, and extending the useful life of existing school buildings. Extend the federal tax deduction (Section 179d) to encourage energy efficient building renovations. STUDENT PRIVACY Support reauthorization of the Family Educational Rights and Privacy Act(FERPA) in a manner that respects student privacy rights without burdensome administrative duties to local school districts, including administrative or legal requirements, or opt-out provisions that would jeopardize the role of educational research. TECHNOLOGY IN SCHOOLS Support increased resources with local flexibility and expand eligible expenditures to include educational linkage beyond the school for the Universal Service Fund Program (E-Rate) and streamline refund procedures to provide schools and libraries with affordable access to state- of-the-art networking and telecommunications technology. 'Denotes priority item Page 3 of 5 Support Open Internet legislation, policies and Federal Communications Commission (FCC) regulations to ensure that public educational uses are not prioritized behind paid commercial services? Support modifying FCC regulations to provide E-rate funding to school districts, not individual schools, to use based on needs as determined by the districts. Redress disproportionate impacts of 2014 E-Rate Modernization Orders on high-poverty schools and large districts, including higher local contributions from the most-impoverished schools (Category Two services) and the budget impact of fully phasing down large-district legacy systems by 2019 (Category One services). WORKFORCE PREPARATION Support increased funding to meet the demands for workforce skills development under the Workforce Innovation and Opportunity Act (WIOA), the Carl D. Perkins Career and Technical Education Act, and related legislation or initiatives, including programs that impact low-literacy and disadvantaged populations. Preserve the role of district-operated adult education and job training programs. HEALTH CARE Retain tax-advantaged status of employee and employer contributions for healthcare premiums and costs including Health Savings Accounts (HSA) and Health Reimbursement Accounts (HRA) as well as Flexible Spending Accounts (FSA). Delay or exempt school districts from the implementation of the excise tax currently scheduled to become effective in 2022 under the Affordable Care Act, commonly known as the Cadillac Tax. PERSONNEL Implement and fund strategies such as teacher fellowships and loan forgiveness programs and simplify eligibility and compliance requirements to encourage and attract talented students to enter into the field of education? Enhance resources to recruit, develop, and retain highly-qualfied teachers in fragile or low- performing schools.` STUDENT SAFETY Support funding and legislation that establishes and expands programs to support increased detection and monitoring of fentanyl and other synthetic opioids. Support legislation that prohibits the sale of e-cigarettes in misleading forms such as pens and USBs. Support legislation that provides supplemental resources to assist school districts in deferring Internet crime and cybercrime through awareness and promotion prevention to our students, teachers, and parents.' *Denotes priority item Page 4 of 5 Increase funding and need-based grants that foster safe, healthy, supportive, and drug-free environments, so as to implement and expand interventions that focus on reducing disruptive and aggressive behaviors and strengthen students' emotional and behavioral competencies. Support juvenile justice reforms that strengthen educational outcomes. Provide supplemental funding to create community-based networks that develops, coordinates and provides quality education, parental training, health care, housing, youth development programs, and employment opportunities to ensure safe neighborhoods for children and their families. Support legislation or regulations that provide for enhanced scrutiny of foreign student exchange organizers and enhanced screening of U.S. host families, including fingerprint-based criminal background checks.* CYBERSECURITY Establish a statewide taskforce to share best practices and guidelines to protect student, parent, and employee information. `Denotes priority item Page 5 of 5 12/12/2018 Schools,union agree to surprise raise in January••The Miami Herald,12/12/2018 MIAMI-DADS PUBLIC SCHOOLS Schools, union agree to surprise raise in January Miami-Dade Schools and United Teachers of Dade tentatively agreed to sharing $211 million in referendum funding for teachers, including an unexpected 5 percent increase in January. BY COLLEEN WRIGHT cawright@miamiherald.com 1 After schools let out and day turned to night l f----i.----1 ,- ,„„ outside school district headquarters, school i 7` to IL,,;,. . officials and teachers union delegates stayed 'T— fry } Ka , '..,e46-.17 ,:;---, behind, holding back tears of joy. , . , ` ' ', x, Never before had Miami-Dade County Public i ,'4'''',"':. ' ' ` Schools and United Teachers of Dade r ;,:..t + -- negotiated with more than $200 million for .. i 111i£ ;� instructional personnel —asum approved by :' • Clt►L3RE14. voters who said yes to paying more in taxes, 4 Y . _ Iargely for teacher pay. F x µms, Both groups struck a deal late Tuesday after 4.- .. UTD warmly accepted the district's first is d>, financial proposal, a three-tiered plan unveiled Miami Herald file photo - by the district for the first time earlier that day Miami-Dade school board members and United Teachers of Working with$211 million—a previous Dade leaders support effort to raise property taxes. estimate said$204 million would be raised for teachers in the first year of the four-year referendum—the district's plan includes a 5 percent supplement from the referendum funding for instructional personnel and full-time paraprofessionals in January, ahead of double-digit percentage increases promised by the referendum ready in July. The agreement also comes with about a 1 percent raise for recurring salary adjustments for teachers. "What's great about this is that no one is left behind, and that's important to us,"said UTD President Karla HernandezMats. "I really feel like you heard us." The 5 percent raise, a surprise previously hinted at by Superintendent Alberto Carvalho,would be paid out from January to June 30, 2019. Carvalho, who said he consulted with credit agencies to make the January supplement possible, said the district would dip into reserves for the supplements and then be reimbursed when revenues from the referendum are collected in July. http://digltal.ollvesoftwa re.com/Olive/ODN/MiiamiHerald/PrintArtIcle.as px?doc=TMH%2F2018%2F12%2 F12&entity=arl e15&ts=20181212085105&uq=... 1/2 12/12/2018 Schools,union agree to surprise raise in January-The Miami Herald,12/12/2018 Beginning in July, entry-level teachers working 10 months and making$41,000 to $41,999 would get a 12.5 percent supplement, the conservative and much talked about figure given on the campaign trail for the referendum. The scale increases,peaking at a22.75 percent supplement for 853 later career 10-month teachers making $64,000 to$69,999. These teachers were wronged by a change in a grandfathered pay scale, missing out on thousands of dollars in pay raises. Teachers making above that salary will get supplements of 17.75 percent and 15.88 percent. The median salary for a teacher in Miami-Dade County is around $46,000. District figures put 7,254 teachers into that group the most of any other salary range—making $45,000 to $49,999. Those teachers will receive supplements of 15.88 percent,or $7,000 to $8,000. There was little discussion during bargaining about sharing funding with charter schools,which made a push last week to get a cut of the referendum fund ng for charter teachers, who do not belong to a union. "When we went to the voters with this we were very clear on what the intent was," Carvalho said, adding that the negotiations were"honoring what people voted for." For regularly scheduled raises not tied to the referendum, teachers previously on the grandfathered scale will also see a 1 percent salary increase. Those on the performance scale will see a 0.825 percent increase for effective teachers and 1.1 percent for highly effective teachers, retroactive to July I,2018. The salary increases will be recurring and are not part of the additional funding raised by the referendum. Both sides blamed the paltry increase on a 47-cent increase in funding from Tallahassee lawmakers that could be used for teacher raises. Miami-Dade received the third-lowest increase among all 67 counties. The new deal also included more extra duties for elementary school teachers and converts a planning day to aprofessional development day. Teachers will also vote to participate in a one-year"collaborative planning"pilot that will schedule 30 minutes weekly or an hour biweekly of planning time. The tentative agreement will go to teachers for a ratification vote early next week. If approved,the contract will be placed on next week's school board agenda. Colleen Wright: 305-3 76-3003;follow on 74vitter @Colleen_Wright httpJ/digital.olivesoftware.com/Olive/ODN/MiamiHeald/PrintArtlde.aspx?dnr=TMH%2F2018562F12%2F128entily=ar1e158ts=201812120851058uq=... 212 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager'' DATE: January 10, 2019 SUBJECT: Discussion of Impact of Recent Miami-Dade Referendum for Teacher Salaries and School Security Officers (Vice Mayor Dr. Marks) RECOMMENDATION Vice Mayor Dr. Marks requested the attached be placed on the Workshop Agenda for discussion. If you have any questions, please feel free to contact me. RJW/act Attachment CC01767-19 12/12/2018 Schools,union agree to surprise raise in January.The Miami Herald,12/1212018 MIAMI-DADE PUBLIC SCHOOLS Schools, union agree to surprise raise in January Miami-Dade Schools and United Teachers of Dade tentatively agreed to sharing $211 million in referendum funding for teachers, including an unexpected 5 percent increase in January. BY COLLEEN WRIGHT cawrighiginiamiherald.coni After schools let out and day turned to night • outside school district headquarters, school LL' A . �s ' Y officials and teachers union delegates stayed behind, holding back tears of joy. 0-111-13' y, r . y",11,7 t Never before had Miami-Dade County Public i ,,:4 • vt - • Schools and United Teachers of Dade 4' negotiated with more than $200 million for s INVEST instructional personnel —asum approved by Al `•. � ,�, ia. �� ,� ..� _: voters who said yes to paying more in taxes, s :nF ` • Iargely for teacher pay Both groups struck a deal late Tuesday after UTD warmly accepted the district's first lq*:-.1.;:t4 financial proposal, a three-tiered plan unveiled Miami Herald file photo by the district for the first time earlier that day Miami-Dade school board members and United Teachers of Working with $211 million—a previous Dade leaders support effort to raise property taxes. estimate said$204 million would be raised for teachers in the first year of the four-year referendum----the district's plan includes a 5 percent supplement from the referendum funding for instructional personnel and full-time paraprofessionals in January, ahead of double-digit percentage increases promised by the referendum ready in July. The agreement also comes with about a 1 percent raise for recurring salary adjustments for teachers. "What's great about this is that no one is left behind, and that's important to us,"said UTD President Karla HernandezMats. "I really feel like you heard us." The 5 percent raise, a surprise previously hinted at by Superintendent Alberto Carvalho,would be paid out from January to June 30, 2019. Carvalho, who said he consulted with credit agencies to make the January supplement possible, said the district would dip into reserves for the supplements and then be reimbursed when revenues from the referendum are collected in July. http://digltal.ollvesoftwa re.com/Olive/ODN/MiamiHeraid/PrintArtlrle.as px?doe=TM H%2F2018%2F12%2F12&entity=ar1 e15&ts=20181212085105&uq=... 1/2 12112/2018 Schools,union agree to surprise ralee Ir January-The Miami Herald.12/12/2018 Beginning in July, entry-level teachers working 10 months and making$41,000 to $41,999 would get a 12.5 percent supplement, the conservative and much talked about figure given on the campaign trail for the referendum. The scale increases,peaking at a22.75 percent supplement for 853 later career 10-month teachers making $64,000 to$69,999. These teachers were wronged by a change in a grandfathered pay scale, missing out on thousands of dollars in pay raises. Teachers making above that salary will get supplements of 17.75 percent and 15.88 percent. The median salary for a teacher in Miami-Dade County is around $46,000. District figures put 7,254 teachers into that group—the most of any other salary range making$45,000 to $49,999. Those teachers will receive supplements of 15.88 percent, or$7,000 to $8,000. There was little discussion during bargaining about sharing funding with charter schools,which made a push last week to get a cut of the referendum funding for charter teachers, who do not belong to a union. "When we went to the voters with this we were very clear on what the intent was," Carvalho said, adding that the negotiations were "honoring what people voted for." For regularly scheduled raises not tied to the referendum, teachers previously on the grandfathered scale will also see a 1 percent salary increase. Those on the performance scale will see a 0,825 percent increase for effective teachers and 1.1 percent for highly effective teachers, retroactive to July 1, 2018. The salary increases will be recurring and are not part of the additional funding raised by the referendum. Both sides blamed the paltry increase on a 47-cent increase in funding from Tallahassee lawmakers that could be used for teacher raises.Miami-Dade received the third-lowest increase among all 67 counties. The new deal also included more extra duties for elementary school teachers and converts a planning day to aprofessional development day. Teachers will also vote to participate in a one-year"collaborative planning"pilot that will schedule 30 minutes weeldy or an hour biweekly of planning time. The tentative agreement will go to teachers for a ratification vote early next week. If approved, the contract will be placed ou next week's school board agenda. Colleen Wright: 305-376-3003;follow on Toitter(rilCoi1een_Wright htrplldigital.orrvesoftware.comrolivelCONIMIemineraldlPrintAnldeasp?rloo= MH%2x2018%2F12%2F12xentity--ariel5&ts=20181212085105&ug=._ 2)2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manage DATE: December 11, 2018 SUBJECT: Discussion of Proposed Anti-Semitism Acts by AIRBNB (Commissioner Narotsky) RECOMMENDATION Commissioner Marc Narotsky requested the attached be placed on the Workshop Agenda for discussion. If you have any questions, please feel free to contact me. RJW/act Attachment CC01763-18 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA CONDEMNING ANTI-SEMITISM ACTS BY AIRBNB, AND DIRECTING THE CITY CLERK TO SEND RESOLUTION AND LETTER TO THE FLORIDA ATTORNEY GENERAL; AND PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura, Florida (the "City") desires to stand in the fight for equality for all and in the fight against the rise of anti-Semitism; and WHEREAS, the City Commission strongly opposes the practice of economic discrimination and boycotts of persons and/or entities on the basis of race, color, religion, gender, or national origin; and WHEREAS, on May 1, 2018, the City Commission adopted Resolution No. 2018- 44, providing that the City will not procure goods or services or otherwise contract with, a business which engages in the boycott of a person or entity based on race, color, gender, or national origin; and WHEREAS, Airbnb, Inc. ("Airbnb"), is a privately held global company headquartered in San Francisco that operates an online marketplace and hospitality service which is accessible via its websites and mobile apps where its members can use the service to arrange or offer lodging, primarily homestays, or tourism experiences; and WHEREAS, Airbnb's announced on November 19, 2018 that it would remove all listings in Jewish settlements in the West Bank while continuing to allow non-Jewish/non- Israeli listings in the West Bank, demonstrating hatred, prejudice, ignorance, hypocrisy, and discrimination based on race, national origin and religion; and WHEREAS, Airbnb's actions are antithetical to the non-discriminatory values that are important to the City; and WHEREAS, the Israeli-Jewish Congress and human rights leaders have opposed the company's actions; and WHEREAS, prejudice and discrimination based on race, national origin, religion or any other attribute, have no place in our City, county, community, country or world. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1: Recitals Adopted. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2: Business Practices. That the City Commission expresses its desire that all businesses that operate within the City conduct their business at all locations in a way that does not discriminate against anyone for any reason, including but not limited to their nationality or religion. Section 3: Discrimination Condemned That the City Commission hereby strongly condemns Airbnb's recent discriminatory decision to remove all listings in Jewish settlements in the West Bank. Section 4: Request for Action by Airbnb. That the City Commission hereby calls upon Airbnb to take all necessary action to correct this act of disrespect and discrimination against the land of Israel and against the Jewish community in the West Bank and restore its original services to all people,no matter their religion or nationality, immediately. Section 5: Responsive Action. That in the event that Airbnb does not stop the boycott, restore original services, and take all necessary actions to correct this policy of disrespect and discrimination, we call upon all people, especially those utilizing Airbnb on-line services to list or lease property, to carefully consider the discriminatory behavior of Airbnb when they evaluate the listing contracts and referral agencies they will utilize. Section 6: Directions to City Clerk; Request to Attorney General .That the City Clerk is directed to send a copy of this Resolution to the Florida Attorney General Office, along with a letter, asking her to investigate whether Airbnb's conduct violates Florida's anti-BDS law, and whether it should be listed on the "Scrutinized Companies that Boycott Israel List" under Florida Statute s. 215.4725. Section 7:Effective Date That this Resolution shall take effect immediately upon adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote,the vote was as follows: Commissioner Denise Landman Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Commissioner Marc Narotsky Vice Mayor Dr. Linda Marks Mayor Enid Weisman PASSED AND ADOPTED this day of , 2019. Enid Weisman, Mayor ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of , 2019. CITY CLERK „, , Town of Surfside Town Commission Meeting December 11, 2018 7:00 pm Town Hall Commission Chambers-9293 Harding Ave, 2"d Floor Surfside, FL 33154 DISCUSSION ITEM Agenda #: Date: November 30, 2018 From: Vice-Mayor Daniel Gielchinsky Subject: Airbnb Resolution Objective: To place Airbnb on notice of a material breach of its Agreement with the Town, to condemn Airbnb for its decision to withdraw its services from the Israeli population living on the West Bank region of Israel, and to urge Airbnb to reverse its discriminatory policy that unfairly targets the Jewish community. Consideration: On January 10, 2017, the Town of Surfside entered into a Voluntary Collection Agreement for Resort Tax Between Airbnb, Inc. and the Town of Surfside, Florida (the "Agreement"). The Agreement facilitates the reporting, collection and remittance of applicable resort tax imposed pursuant to Section 70.109 of the Town's Code ("Resort Tax"). Due to the Town's restrictive policy on short term rentals, Resort Tax collections attributable to Airbnb has been nominal. In FY 2017 Resort Tax collections from Airbnb were $11,038 (of a gross $1,497,212) and in FY 2018 Resort Tax collections from Airbnb were $20,620 (of a gross $2,312,489). The Town of Surfside was among the first municipalities in the country to adopt an anti-BDS (Boycott, Divestment and Sanctions) ordinance in response to a global campaign led by anti- Semitic propagandists who promote various forms of boycott against Israel in order to advance their political objectives. Anti-BDS legislation has gained popularity in municipal, county and state governments throughout the United States and in June of 2018 The House Foreign Affairs Committee unanimously passed The Israel Anti-Boycott Act, advancing the measure to be considered by the entire House and to the forefront of Federal legislation. Page 1 of 1 Discussion hem-Regular Commission Meeting December 11,2018 On November 19, Airbnb announced that it was "removing listings" in "Israeli settlements in the Occupied West Bank."The company provided no details as to how it defined`Israeli settlements" or the "Occupied West Bank" and whether its decision relates to Jerusalem. The announcement was made atter two years of attacks on Airbnb's Israel business by pro-BDS NGOs masquerading as self-proclaimed human rights groups who blackmailed Airbnb with negative publicity and fear of being included in the UNHRC blacklist. Airbnb's "global platform" is offered in 191 countries and regions. These include the world's biggest human rights violators such as China, Saudi Arabia,Russia,and even Yemen and Somalia. Airbnb listings can be found in the occupied Western Sahara, Nagomo-Karabakh and Northern Cyprus. There is a listing for Russian-occupied Crimea. There are even listings in Gaza which is controlled by the Hamas terror group. State sponsors of terror are not being removed from Airbnb's platform, nor are countries where gender equality is nonexistent. Only Jewish-owned properties in the West Bank have been the subject of an intensive NGO campaign and subsequent removal by Airbnb. Only anti-Semitism could cause this hypocritical scenario to unfold. Analysis: Airbnb's announcement and policy violate the Agreement and the Town's Code. Compliance with Section 3-1.1 of the Town Code is a specific requirement of the Agreement's paragraph (V). In the Agreement, Airbnb specifically affirms it will not engage in a boycott as defined in Section 3-1.1 of the Town Code, which provides as follows: Sec. 3-1.1. - Non-discrimination; contract requirements; waiver. (a) Definitions.As used in this section,the following terms shall have the following meaning: Boycott means to blacklist, divest from, or otherwise refuse to deal with a nation or country, or to blacklist or otherwise refuse to deal with a person or entity when the action is based on race,color, national origin, religion, sex, gender identity, sexual orientation, marital or familial status, age, or disability in a discriminatory manner. The term boycott does not include a decision based upon business or economic reasons, or boycotts, embargoes, trade restrictions, or divestments that are specifically authorized or required by federal law or state law. Business means any sole proprietorship, organization, association, corporation, limited liability partnership, limited liability company, or other entity or business association, including wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations awarded a contract pursuant to this article. (b) Contract requirements;waiver. (I) The town shall not enter into a contract with a business unless the contract includes a representation that the business is not currently engaged in, and an agreement that the business will not engage in, a boycott,as defined in this section. 2 Discussion Item-Regular Commission Meeting December 11,2018 (2) The town commission may, in its sole discretion, elect to waive the requirements of this section upon an affirmative vote when the town commission deems the waiver necessary for the health, safety, or welfare of the town. Recommendation: The Town's anti-BDS laws and policies must be meaningful and enforced. Just as the Town of Surfside was a national leader in adopting ant-BDS legislation, I recommend that we be a national leader in standing up to Airbnb's discriminatory and anti-Semitic business practices, and unanimously adopt the attached Resolution placing Airbnb on notice of a material breach of its Agreement with the Town, condemning Airbnb for its decision to withdraw its services from the Israeli population living on the West Bank region of Israel, and urging Airbnb to reverse its discriminatory policy that unfairly targets the Jewish community. 3 ' criO City of Miami City Hall t( Certified CO 3500 Pan American Drive (Jy Miami, 33133 vmw.miamimigov.mm pk♦ .: File Number: 5233 Enactment Number: R-18-0572 A RESOLUTION OF THE MIAMI CITY COMMISSION CONDEMNING AIRBNB, INC.'S DECISION TO REMOVE LISTINGS OF RENTALS IN ISRAELI SETTLEMENTS IN THE WEST BANK; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE DESIGNATED OFFICIALS STATED HEREIN. SPONSOR(S): Mayor Francis X. Suarez, Chair Keon Hardemon,Vice Chair Ken Russell, Commissioner Witredo(Willy)Gort, Commissioner Joe Carollo, Commissioner Manolo Reyes WHEREAS, the City of Miami ("City")continues to foster a strong relationship with Israel and is home to one of the largest Jewish populations outside of Israel; and WHEREAS, Israel is a steadfast ally of the United States and the American people; and WHEREAS, the City shares democratic values, common strategic interests, and bonds of friendship and mutual respect with Israel, which is our friend and ally in the Middle East; and WHEREAS, Airbnb, Inc. ("Airbnb") is a privately held global company headquartered in San Francisco, California that operates an online marketplace and hospitality service which is accessible via its websites and mobile applications, where its members can use the service to arrange or offer lodging and tourism experiences; and WHEREAS, Airbnb recently decided to remove all listings of rentals in Israeli settlements in the area historically known as Judea and Samaria, now more commonly referred to as the "West Bank,'while continuing to allow non-Israeli listings in the West Bank; and WHEREAS, the Miami City Commission believes that Airbnb's actions are antithetical to the values that we hold dear in the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2.The Miami City Commission condemns Airbnb's decision to remove all listings of rentals in Israeli settlements in the West Bank. Section 3. The Miami City Commission expresses its strong support and steadfast commitment to the security, welfare, and survival of the sovereign State of Israel. Section 4. The Miami City Commission expresses its desire that all businesses that operate in the City conduct their business in a way that does not discriminate against anyone for any reason, including but not limited to their nationality or religion. City or Miami Page 1 ort R-180572 File Number.5233 Enactment Number: R-18-0572 Section 5. The Miami City Commission urges Airbnb to reconsider its misguided decision to de-list only Israeli owned properties in the West Bank. Section 6. The City Clerk is directed to send a copy of this Resolution to the Miami- Dade County League of Cities; Miami-Dade County; all municipalities in Miami-Dade County; all the Mayors of the United States Conference of Mayors; and Tom Cochran, the Chief Executive Officer and Executive Director of the United States Conference of Mayors. Section 7. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' DATE: 1211312018 RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo,Commissioner SECONDER: Wifredo(Willy)Gort,Commissioner AYES: Keon Hardemon, Ken Russell, Wifredo(Willy) Gort, Joe Carollo, Manolo Reyes DATE: 12/2112018 ACTION: Signed by the Mayor I, Todd B. Hannon, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that this constitutes a true and correct copy of Resolution No. R- 18-0572, passed by the City Commission on 12/13/2018. _. )Pin January 4, 2019 City Cie Cr City Clerk Date Certified (for Todd B. Hannon, City Clerk) 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten(10)calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Cory of Miami Page 2 of 2 R-19-0572 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: January 8, 2019 SUBJECT: Discussion of Proposed Ordinance Prohibiting Sale and Marketing of E-Cigarettes to Minors (Commissioner Weinberg) At the November 15, 2018 Workshop Meeting, I was directed to work with the City Attorney in providing a proposed Ordinance regulating electronic cigarettes to minors. If you have any questions, please feel free to contact me. RJW/act Attachment CC01765-19 ORDINANCE NO. 2019- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 1 "GENERAL PROVISIONS," OF THE CITY CODE BY CREATING SECTION 1-18, "SALE OF NICOTINE VAPORIZERS (E- CIGARETTES) AND LIQUID NICOTINE TO MINORS PROHIBITED; SIGNAGE REQUIREMENTS; POSSESSION BY MINORS PROHIBITED; PENALTIES" AND SECTION 1-19 "USE OF NICOTINE VAPORIZERS AND LIQUID NICOTINE PROHIBITED NEAR CITY PARKS AND PUBLIC SCHOOLS ; SIGNAGE REQUIREMENTS; ADDITIONAL RESTRICTIONS; PENALTIES"; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, electronic cigarettes (e-cigarettes), are electronic products that permit users to inhale vaporized nicotine, flavor, and other chemicals, without fire, smoke, ash or carbon dioxide; and WHEREAS, these and similar devices allow users to inhale vaporized liquid nicotine created by a heating mechanism or electronic ignition system; and the vapors are expelled by a cartridge or pod that usually contains a concentration of pure nicotine; and WHEREAS, consumers are led to believe that e-cigarettes are a safe alternative to traditional cigarettes, despite the fact that e-cigarettes have the potential to be addictive; and WHEREAS, the U.S. Food and Drug Administration (FDA) conducted laboratory analysis of nicotine vaporizer cartridges and found the following: • Diethylene glycol, an ingredient used in antifreeze and toxic to humans, was found in one cartridge; • Certain tobacco-specific nitrosamines, which are human carcinogens, were detected in half of the samples tested; • Tobacco-specific impurities suspected of being harmful to humans were detected in a majority of the samples tested; • All but one tested cartridge labeled as containing no nicotine did in fact contain low levels of nicotine; Page 1 of 9 • Three identically labeled cartridges emitted markedly different amounts of nicotine with each puff. Nicotine levels per 100 mL puff ranged dramatically from 26.38 to 43.2 mcg of nicotine; • One high-nicotine cartridge delivered twice as much nicotine to users as was delivered by a nicotine inhalation product approved by FDA for use as a smoking cessation aid which was used as a control; and WHEREAS, sales of e-cigarettes have grown rapidly in the United States, and after doubling every year since 2008, sales from 2016 to 2017 grew more than seven fold; and WHEREAS, according to recent empirical studies and widespread news reports, the use of youth-oriented, flavored e-cigarettes has skyrocketed to alarming popularity with teens in middle and high schools across the nation; and WHEREAS, new versions of nicotine dispensing e-cigarettes, such as those manufactured by Juul Labs, Inc. (JUUL), have further flamed the nationwide vaping craze among America's youth. Specifically, JUUL e-cigarettes come in youth-popular flavors, look like a flash drive, are easily concealed, and are rechargeable on Universal Serial Bus (USB) ports; and WHEREAS, due to their ease of use, the variety of sweet and fruit-flavored vapors offered, their sleek and discrete appearance, and the mass marketing of its products, JUUL e-cigarettes and other similar nicotine dispensing devices have become immensely popular with teenage children, thereby putting the next generation of Americans at risk of nicotine addiction and threatening to undermine the decades of progress made in our country to reduce youth tobacco use; and WHEREAS, a 2016 Report of the U.S. Surgeon General, entitled "E-cigarette use among Youth and Young Adults," concluded that the use of nicotine in any form by youths is unsafe, and that nicotine exposure during adolescence can cause addiction and can harm the developing adolescent brain; and WHEREAS, according to information contained on the JUUL website, the nicotine content in each 5% JUUL pod, which contains approximately 0.7 ml with 5% nicotine by weight and which is intended to provide approximately 200 puffs, has the approximate nicotine yield of a pack of cigarettes; and WHEREAS, as reported on the Centers for Disease Control and Prevention's website, in the United States, nearly 90% of adult smokers began smoking before the age of 18, and the younger an individual is when he or she experiments with smoking, the more likely he or she is to become a regular or daily smoker; and Page 2 of 9 WHEREAS, on December 18, 2018, the Surgeon General declared teen e- cigarette and vaping use an epidemic due to recent studies indicating the number of high school seniors vaping nicotine has nearly doubled between 2017 and 2018; and WHEREAS, Florida citizens recently passed a constitutional amendment prohibiting the use of vapor-generating electronic devices in enclosed indoor workplaces, while giving local governments the authority to impose more restrictive regulations; and WHEREAS, the Commission of the City Of Aventura (the "City") finds that it is in the best interest of the City and necessary to protect the health, safety, and welfare of its residents and visitors to prohibit the sale of nicotine vaporizers and liquid nicotine to minors, to prohibit the possession of these items by minors, to regulate retailers and other establishments who are in possession of nicotine vaporizers or liquid nicotine for the purposes of selling the products to consumers, individuals, or the general public, to prohibit the use of nicotine vaporizers and liquid nicotine within City parks and public schools, to prohibit the use of nicotine vaporizers and liquid nicotine where smoking is prohibited under the Florida Clean Indoor Air Act, to provide additional restrictions, and to assign penalties for violations of these regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Incorporated. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. That Chapter 1, "General Provisions," of the City Code of the City of Aventura is hereby amended by creating Section 1-18 entitled, "Sale of Nicotine Vaporizers (E-Cigarettes) and Liquid Nicotine to Minors Prohibited; Signage Requirements; Possession by Minors Prohibited; Penalties" and Section 1-19 entitled "Use of Nicotine Vaporizers and Liquid Nicotine Prohibited Near City Parks and Public Schools; Signage Requirements; Additional Restrictions; Penalties," to read, as follows: Chapter 1 —GENERAL PROVISIONS Sec. 1-18. Sale of Nicotine Vaporizers (E-Cigarettes) and Liquid Nicotine to Minors Prohibited; Signage Requirements; Possession by Minors Prohibited; Penalties. (a) Definitions. Delivery Sale means any sale of Nicotine Vaporizers or Liquid Nicotine to Page 3 of 9 a consumer within the City for which the consumer submits the order for the sale by telephonic or other voice transmission or by mail, by delivery service, or by the internet or other online service; or the Nicotine Vaporizers or Liquid Nicotine are delivered by use of mail or a delivery service. Liquid Nicotine means any liquid product composed either in whole or in part of pure nicotine, which can be used with Nicotine Vaporizers. Minor means a person under the age of 18. Nicotine Vaporizer means any electronic or battery-operated nicotine dispensing device that can be used to deliver an inhaled dose of nicotine or other substance, and any device that can be used to deliver nicotine by inhaling vaporized nicotine from the device, including but not limited to those devices composed of a mouthpiece, heating element, or mechanism and battery or electronic circuits that provide a vapor of Liquid Nicotine or other substances to the user. This term shall include, but is not limited to, such devices as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, an e-cigarette, an e-cigar, e-cigarillo, an e-pipe, an e-hookah, and any device that is rechargeable by a USB port or other method, whether they are manufactured, distributed, marketed, or sold under any other product name, and includes any replacement nicotine cartridge, replaceable nicotine pod, Liquid Nicotine vial, or other container used to refill or replace nicotine for the device or product. Retailer means any person, business, or establishment who is in possession of Nicotine Vaporizers or Liquid Nicotine for the purposes of selling the Nicotine Vaporizers or Liquid Nicotine to consumers, individuals, or the general public. (b) Prohibitions. 1. It shall be unlawful to sell, give, furnish, barter, or make available directly or indirectly a Nicotine Vaporizer or Liquid Nicotine to a minor. The buyer or recipient's identification shall be examined to confirm that the buyer or recipient is at least 18 years of age. 2. In order to minimize the physical accessibility to minors, no person shall sell or offer for sale Nicotine Vaporizers or Liquid Nicotine by means of self-service merchandising or any other means other than vendor-assisted sales, unless access to the premises by persons under the age of 18 is prohibited by the Page 4 of 9 person, business, tobacco retailer, or other establishment, or prohibited by law. 3. A retailer or any other establishment that sells Nicotine Vaporizers or Liquid Nicotine may not place such products or devices in an open display unit unless the unit is located in an area to which access is prohibited by persons under the age of 18. 4. It shall be unlawful for a person under the age of 18 to possess Nicotine Vaporizers or Liquid Nicotine. (c) Signage requirements. Any retailer or any other establishment that sells Nicotine Vaporizers or Liquid Nicotine shall post a clear and conspicuous sign where such products are sold which substantially states the following: THE SALE OF NICOTINE PRODUCTS OR NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE. Failure to post this sign shall be deemed a violation of this section. (d) Prohibitions and requirements regarding mail order, internal, and remote sales of Nicotine Vaporizer and Liquid Nicotine. A person, business, tobacco retailer, or other establishment may not make a delivery sale of Nicotine Vaporizer and Liquid Nicotine to a minor. Each person accepting an order for a delivery sale must comply with the age-verification requirements set forth as follows: A person may not mail, ship, or otherwise deliver Nicotine Vaporizer and Liquid Nicotine in connection with an order for a delivery sale unless, before the delivery to the consumer, the person accepting the order for the delivery sale, obtains from the individual submitting the order a certification that includes: 1. reliable confirmation that the individual is over the age of 18; and 2. makes a good faith effort to verify the information contained in the certification provided by the individual against a commercially available database that may be reasonably relied upon for accurate age information; and Page 5 of 9 3. obtains a photocopy or other image of a valid government-issued identification card stating the date of birth or age of the individual. (e) Penalties. 1. A violation of subsections (b)(1), (b)(2) or (d) by an individual 18 years of age or older, or a violation of subsections (b)(3) and (c) shall be punished as provided in Section 1-14 of the City's Code. This section shall also be subject to enforcement under chapter 2, section 2-331, et seq. of the City's Code as may be amended. 2. Enhanced penalty. The following enhanced penalty shall be imposed, in addition to any mandatory penalty set forth in subsection (e)(1) above, for violations of subsections (b)(1)-(3), (c), and (d): a. For a first violation, the City Manager or his or her designee may suspend the business tax receipt of the violator, for a period not to exceed six months. b. For a second or subsequent violation within a 12-month period, the City Manager or his or her designee may revoke the business tax receipt of the violator. 3. A violation of subsections (b)(1), (b)(2), (b)(4) or (d) by a minor shall be punished as a non-criminal violation as follows: a. For a first violation, 16 hours of community service or, instead of community service, a $25 fine. In addition, the person must attend a school-approved anti-tobacco program, if locally available; b. For a second violation within 12 weeks of the first violation, a $25 fine; or c. For a third or subsequent violation within 12 weeks of the first violation, the court must direct the Department of Highway Safety and Motor Vehicles to withhold issuance of or suspend or revoke the person's driver's license or driving privilege, as provided in Section 322.056, Fla. Stat. d. Any second or subsequent violation not within the 12-week time period after the first violation is punishable as provided for a first violation. Page 6 of 9 e. Any person under 18 years of age cited for committing a noncriminal violation under this section must sign and accept a civil citation indicating a promise to appear before the county court or comply with the requirement for paying the fine and must attend a school-approved anti-tobacco program, if locally available. If a fine is assessed for a violation of this section, the fine must be paid within 30 days after the date of the citation or, if a court, appearance is mandatory, within 30 days after the date of the hearing. f. A person charged with a noncriminal violation under this section must appear before the county court or comply with the requirement for paying the fine. The court, after a hearing, shall make a determination as to whether the noncriminal violation was committed. If the court finds the violation was committed, it shall impose an appropriate penalty as specified within subsection (e)(3). Sec. 1-19. Use of Nicotine Vaporizers and Liquid Nicotine Prohibited Near City Parks and Public Schools; Signage Requirements; Additional Restrictions; Penalties. (1) It shall be unlawful for any person to use Nicotine Vaporizers and Liquid Nicotine in, on, or within 1,000 feet of the real property comprising a City park. This section does not apply to any person occupying a moving vehicle or within a private residence. (2) It shall be unlawful for any person to use Nicotine Vaporizers and Liquid Nicotine in, on or within 1,000 feet of the real property comprising a public school. This section does not apply to any person occupying a moving vehicle or within a private residence. (3) The City shall conspicuously post signs at City parks and public schools where the use of Nicotine Vaporizers and Liquid Nicotine is prohibited, which substantially states the following: NO VAPOR SMOKING NO E-CIGARETTES. (4) It shall be unlawful to use Nicotine Vaporizers and Liquid Nicotine in, on, or within properties where smoking is prohibited under the Florida Clean Indoor Air Act, Section 386.201 et seq., Florida Statutes. This section shall be subject to enforcement under Section 1-14 and Chapter 2, Section 2- 331, et seq. of the City Code as may be amended. Page 7 of 9 Section 3. Implementation. That the City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance, including creating a public education campaign to inform the City's residents, merchants and visitors about Nicotine Vaporizers and Liquid Nicotine, the harmful effects associated with its use, and new laws regulating the sale, possession and use of Nicotine Vaporizers and Liquid Nicotine. Section 4. Repeal. That all sections or parts of sections of the Code of Ordinances of the City of Aventura, all ordinances or parts or parts of ordinances, and all resolutions or parts of resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. Section 5. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Ordinance, but they shall remain in effect it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 6. Inclusion in the Code. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura, that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and that the word Ordinance shall be changed to Section or other appropriate word. Section 7. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Dr. Linda Marks Mayor Enid Weisman Page 8 of 9 The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Dr. Linda Marks Mayor Enid Weisman PASSED on first reading on this of January, 2019. PASSED AND ADOPTED on second reading on this _ day of February, 2019. Enid Weisman, Mayor ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 9 of 9 877.112 Nicotine products and nicotine dispensing devices; prohibitions for minors; penalties; civil fines; signage requirements; preemption.— (1) DEFINITIONS.—As used in this section, the term: (a) "Nicotine dispensing device" means any product that employs an electronic, chemical, or mechanical means to produce vapor from a nicotine product, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product, any replacement cartridge for such device, and any other container of nicotine in a solution or other form intended to be used with or within an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product. (b) "Nicotine product" means any product that contains nicotine, including liquid nicotine, that is intended for human consumption, whether inhaled, chewed, absorbed, dissolved, or ingested by any means, but does not include a: 1. Tobacco product, as defined in s. 569.002; 2. Product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the federal Food, Drug, and Cosmetic Act; or 3. Product that contains incidental nicotine. (c) "Self-service merchandising" means the open display of nicotine products or nicotine dispensing devices, whether packaged or otherwise, for direct retail customer access and handling before purchase without the intervention or assistance of the retailer or the retailer's owner, employee, or agent. An open display of such products and devices includes the use of an open display unit. (2) PROHIBITIONS ON SALE TO MINORS.—It is unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, to any person who is under 18 years of age, any nicotine product or a nicotine dispensing device. (3) PROHIBITIONS ON GIFTING SAMPLES TO MINORS.—The gift of a sample nicotine product or nicotine dispensing device to any person under the age of 18 by a retailer of nicotine products or nicotine dispensing devices, or by an employee of such retailer, is prohibited. (4) PENALTIES.—Any person who violates subsection (2) or subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. However, any person who violates subsection (2) or subsection (3) for a second or subsequent time within 1 year of the first violation commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (5) AFFIRMATIVE DEFENSES.—A person charged with a violation of subsection (2) or subsection (3) has a complete defense if, at the time the nicotine product or nicotine dispensing device was sold, delivered, bartered, furnished, or given: (a) The buyer or recipient falsely evidenced that she or he was 18 years of age or older; (b) The appearance of the buyer or recipient was such that a prudent person would believe the buyer or recipient to be 18 years of age or older; and (c) Such person carefully checked a driver license or an identification card issued by this state or another state of the United States, a passport, or a United States Armed Services identification card presented by the buyer or recipient and acted in good faith and in reliance upon the representation and appearance of the buyer or recipient in the belief that the buyer or recipient was 18 years of age or older. (6) PROHIBITIONS ON POSSESSION OF NICOTINE PRODUCTS OR NICOTINE DISPENSING DEVICES BY MINORS.—It is unlawful for any person under 18 years of age to knowingly possess any nicotine product or a nicotine dispensing device. Any person under 18 years of age who violates this subsection commits a noncriminal violation as defined in s. 775.08(3), punishable by: (a) For a first violation, 16 hours of community service or, instead of community service, a $25 fine. In addition, the person must attend a school-approved anti-tobacco and nicotine program, if locally available; (b) For a second violation within 12 weeks of the first violation, a $25 fine; or (c) For a third or subsequent violation within 12 weeks of the first violation, the court must direct the Department of Highway Safety and Motor Vehicles to withhold issuance of or suspend or revoke the person's driver license or driving privilege, as provided in s. 322.056. Any second or subsequent violation not within the 12-week time period after the first violation is punishable as provided for a first violation. (7) PROHIBITION ON MISREPRESENTING AGE.—It is unlawful for any person under 18 years of age to misrepresent his or her age or military service for the purpose of inducing a retailer of nicotine products or nicotine dispensing devices or an agent or employee of such retailer to sell, give, barter, furnish, or deliver any nicotine product or nicotine dispensing device, or to purchase, or attempt to purchase, any nicotine product or nicotine dispensing device from a person or a vending machine. Any person under 18 years of age who violates this subsection commits a noncriminal violation as defined in s. 775.08(3), punishable by: (a) For a first violation, 16 hours of community service or, instead of community service, a $25 fine and, in addition, the person must attend a school-approved anti-tobacco and nicotine program, if available; (b) For a second violation within 12 weeks of the first violation, a $25 fine; or (c) For a third or subsequent violation within 12 weeks of the first violation, the court must direct the Department of Highway Safety and Motor Vehicles to withhold issuance of or suspend or revoke the person's driver license or driving privilege, as provided in s. 322.056. Any second or subsequent violation not within the 12-week time period after the first violation is punishable as provided for a first violation. (8) PENALTIES FOR MINORS.— (a) A person under 18 years of age cited for committing a noncriminal violation under this section must sign and accept a civil citation indicating a promise to appear before the county court or comply with the requirement for paying the fine and must attend a school-approved anti-tobacco and nicotine program, if locally available. If a fine is assessed for a violation of this section, the fine must be paid within 30 days after the date of the citation or, if a court appearance is mandatory, within 30 days after the date of the hearing. (b) A person charged with a noncriminal violation under this section must appear before the county court or comply with the requirement for paying the fine. The court, after a hearing, shall make a determination as to whether the noncriminal violation was committed. If the court finds the violation was committed, it shall impose an appropriate penalty as specified in subsection (6) or subsection (7), A person who participates in community service shall be considered an employee of the state for the purpose of chapter 440, for the duration of such service. (c) If a person under 18 years of age is found by the court to have committed a noncriminal violation under this section and that person has failed to complete community service, pay the fine as required by paragraph (6)(a) or paragraph (7)(a), or attend a school-approved anti-tobacco and nicotine program, if locally available, the court must direct the Department of Highway Safety and Motor Vehicles to withhold issuance of or suspend the driver license or driving privilege of that person for 30 consecutive days. (d) If a person under 18 years of age is found by the court to have committed a noncriminal violation under this section and that person has failed to pay the applicable fine as required by paragraph (6)(b) or paragraph (7)(b), the court must direct the Department of Highway Safety and Motor Vehicles to withhold issuance of or suspend the driver license or driving privilege of that person for 45 consecutive days. (9) DISTRIBUTION OF CIVIL FINES.—Eighty percent of all civil penalties received by a county court pursuant to subsections (6) and (7) shall be remitted by the clerk of the court to the Department of Revenue for transfer to the Department of Education to provide for teacher training and for research and evaluation to reduce and prevent the use of tobacco products, nicotine products, or nicotine dispensing devices by children. The remaining 20 percent of civil penalties received by a county court pursuant to this section shall remain with the clerk of the county court to cover administrative costs. (10) SIGNAGE REQUIREMENTS FOR RETAILERS OF NICOTINE PRODUCTS AND NICOTINE DISPENSING DEVICES.— (a) Any retailer that sells nicotine products or nicotine dispensing devices shall post a clear and conspicuous sign in each place of business where such products are sold which substantially states the following: THE SALE OF NICOTINE PRODUCTS OR NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE. (b) A retailer that sells nicotine products or nicotine dispensing devices shall provide at the checkout counter in a location clearly visible to the retailer or the retailer's agent or employee instructional material in a calendar format or similar format to assist in determining whether a person is of legal age to purchase nicotine products or nicotine dispensing devices. This point of sale material must contain substantially the following language: IF YOU WERE NOT BORN BEFORE THIS DATE (insert date and applicable year) YOU CANNOT BUY NICOTINE PRODUCTS OR NICOTINE DISPENSING DEVICES. In lieu of a calendar a retailer may use card readers, scanners, or other electronic or automated systems that can verify whether a person is of legal age to purchase nicotine products or nicotine dispensing devices. (11) SELF-SERVICE MERCHANDISING PROHIBITED.— (a) A retailer that sells nicotine products or nicotine dispensing devices may not sell, permit to be sold, offer for sale, or display for sale such products or devices by means of self-service merchandising. (b) A retailer that sells nicotine products or nicotine dispensing devices may not place such products or devices in an open display unit unless the unit is located in an area that is inaccessible to customers. (c) Paragraphs (a) and (b) do not apply to an establishment that prohibits persons under 18 years of age on the premises. (12) RESTRICTIONS ON SALE OR DELIVERY OF NICOTINE PRODUCTS OR NICOTINE DISPENSING DEVICES.— (a) In order to prevent persons under 18 years of age from purchasing or receiving nicotine products or nicotine dispensing devices, the sale or delivery of such products or devices is prohibited, except: 1. When under the direct control, or line of sight where effective control may be reasonably maintained, of the retailer of nicotine products or nicotine dispensing devices or such retailer's agent or employee; or 2. Sales from a vending machine are prohibited under subparagraph 1. and are only permissible from a machine that is equipped with an operational lockout device which is under the control of the retailer of nicotine products or nicotine dispensing devices or such retailer's agent or employee who directly regulates the sale of items through the machine by triggering the lockout device to allow the dispensing of one nicotine product or nicotine dispensing device. The lockout device must include a mechanism to prevent the machine from functioning, if the power source for the lockout device fails or if the lockout device is disabled, and a mechanism to ensure that only one nicotine product or nicotine dispensing device is dispensed at a time. (b) Paragraph (a) does not apply to an establishment that prohibits persons under 18 years of age on the premises. (c) A retailer of nicotine products or nicotine dispensing devices or such retailer's agent or employee may require proof of age of a purchaser of such products or devices before selling the product or device to that person. History.—s. 2, ch. 2014-65. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: December 4, 2018 SUBJECT: Arts in Public Places Advisory Board Appointments (City Manager) RECOMMENDATION Undersigned recommends the current slate of Arts in Public Places Advisory Board members be extended for another two year term of service as there were no applications submitted for their consideration during their term. BACKGROUND Ordinance No. 2-201 of the City Code entitled "Arts in Public Places Advisory Board" states the following: • The Board shall consist of five members, including the Mayor and four residents who shall be appointed by the Mayor, subject to the approval of the City Commission. • Individuals wishing to be a member of the Board shall make application to the City Manager on the forms provided by the City. City Commissioners may recommend to the City Manager a proposed nominee. The City Manager shall interview all applicants and make recommendation to the Mayor. The Mayor shall appoint to the Board members from the list of applicants recommended by the City Manager, subject to the approval of the City Commission. • In recommending members of the Board, the following guidelines shall be considered: a. The resident membership of the Board should consist of persons who have demonstrated a strong commitment to arts, including painting, photography, sculpture and other art forms. b. Reasonable efforts should be made for the membership of the Board to be representative of a range of comprehensive adult age groups. PROCESS The City received eleven (11) applications in 2016 from many highly qualified individuals as follows: Adriana Lerner Adelson Marco Fidel Nunez Suarez Arielle Biscayart Arman Ariel Bouadana Dr. Miles Kuttler Ann Helen Wainer Kavita Deshpande Marina Wecksler Susan Miller Marina Kessler Dr. Angelique Jackson On July 19, 2016, the Mayor and City Manager, Eric M. Soroka, interviewed each applicant. After a careful review of the applicants and in accordance with the goals of the Ordinance establishing the Board, the Mayor recommended the City Commission appoint the following individuals to the Board: Dr. Miles Kuttler Adriana Lerner Adelson Marina Wecksler Marina Kessler Over the past two years there have been no submissions to the Advisory Board, however I anticipate the submission of an application for consideration and would recommend giving the Board members a chance to consider the application and make their recommendation to the Commission. If you have any questions, please feel free to contact me. RJW/act Attachment CC01760-18 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Managr� DATE: January 8, 2019 �j SUBJECT: Amendment to Resolution 2015-66 (City Manager) RECOMMENDATION It is recommended that the City Commission approve to amend Resolution 2015-66 for Commission travel expenses to include travel to Tallahassee to lobby for Aventura. If you have any questions, please feel free to contact me. RJWlact Attachment cconsa-1s RESOLUTION NO. 2015-66 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING PROCEDURES FOR COMMISSION TRAVEL AND EXPENSES; AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY ACTION TO IMPLEMENT THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. The following procedures for City Commission travel expenses associated with the attendance of conferences and seminars is hereby established as follows: 1. The Mayor and City Commission members shall be reimbursed for their attendance at the following conferences or events: • National League of Cities Conference • Florida League of Cities Conference • Annual Dade Days • Miami-Dade League of Cities Meetings (Mayor and City Commission Designee) • Annual National Association of Latino Elected and Appointed Officials (NALEO) Conference All other conferences or seminars require approval of the City Commission. Further, all conferences or seminars where more than three (3) members desire to attend require City Commission approval. 2. At the conclusion of the conference or seminar, each City Commissioner in attendance shall provide a report to the entire City Commission relative to the conference or seminar. 3. Reimbursements will include registration, hotel, travel and meals. Travel expense reimbursements shall comply with the City's Administrative Policy Directives and Procedures Manual Chapter 6.3.1. City of Aventura Resolution No. 2015-66 Page 2 of 3 Section 2. The City Manager is hereby authorized to take all necessary action to implement this Resolution. Section 3. Conflict. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 4. Severability. If any clause, section, or other part or application of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications of this Resolution, with such effective provisions or applications remaining in full force and effect. Section 5. Effective Date. That this Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Landman, who moved its adoption. The motion was seconded by Commissioner Cohen, and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Yes Commissioner Teri Holzberg Yes Commissioner Denise Landman Yes Commissioner Marc Narotsky Yes Commissioner Howard Weinberg Yes Vice Mayor Robert Shelley Yes Mayor Enid Weisman Absent PASSED AND ADOPTED this 3rd day of November, 2015. City of Aventura Resolution No. 2015-66 Page 3 of 3 VICE MAYOR AL, (4, q Gtic� ATTEST: Gt ELLISA L. HORVATWF C CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: t'31%#\ \t% /Zi-1A CITY ATTORNEY