Item Coversheet

CITY OF RIVIERA BEACH CITY COUNCIL
AGENDA ITEM SUMMARY

Meeting Date: 8/5/2020 
Agenda Category:CONSENT RESOLUTION

Subject: 

RESOLUTION AUTHORIZING AMENDED SETTLEMENT IN THE SARA GOODMAN V. THE CITY OF RIVIERA BEACH, CASE NO.: 502019CA004472XXXXMBAY.


Recommendation/Motion: 

The Office of the City Attorney recommends that settlement of this case is in the City’s best interests.


Originating Dept City Attorney  Costs There is no fiscal impact of this settlement. Both parties agree to bear their own attorney’s fees and costs in connection with the case. The Office of the City Attorney has abided by all procurement and fiscal policies that would apply to this matter. 
User Dept.City Attorney Funding Source
AdvertisedNo Budget Account Number
Date   
Paper   
Affected PartiesNot Required   

Background/Summary: 

On or about April 8, 2019, the Office of the City Attorney received a Petition for Writ of Mandamus from Plaintiff, Sara Goodman.  The issues in the case involve the City’s refusal to transmit the Plaintiff’s February 6, 2019 appeal to the City’s Development Special Magistrate, and statements made by the City’s Acting Director of Development Services at a January 10, 2019, Planning and Zoning Board meeting.  The statements relate to the application of off-site parking laws to a pending application for approval to redevelop what is generally known as the “Crab Pot” site.

 

The City has defended the Case and filed a Motion to Dismiss and Strike Goodman’s claims, to which the Plaintiff has filed a response to the City’s Motion.

 

Following the filing of said pleadings, the parties negotiated and reached a compromise to amicably resolve the case on terms that are satisfactory to all parties.

One such term included the City agreeing to schedule a public City Council workshop on the Crab Pot Redevelopment at a time that was mutually convenient to all parties, before February 1, 2020, and before any action was taken with respect to the Crab Pot Redevelopment Project.

 

Since approval of the Resolution, the parties could not mutually agree on the date and terms of the Workshop, and subsequent restrictions related to the COVID-19 local state of emergency created additional challenges.

 

However, after mutual negotiation on the date and the terms of the Workshop, the parties have reached a new amended settlement to resolve this matter, as outlined in the attached “Settlement Agreement”, which provides a specific date of August 11, 2020, for the City Council Workshop on the Crab Pot Redevelopment Project to be held in person. 

 

At that Workshop, the City will also agree to allow Ms. Goodman and two other principal presenters to make a special presentation, not to exceed one-hour total.  As a result of the aforementioned, the Plaintiff will agree to file a Notice of Dismissal of her petition.

 
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III. Review Comments

A. Finance Department Comments:
 
B. Purchasing/Intergovernmental Relations/Grants Comments:
 
C. Department Director Review:
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ATTACHMENTS:
File NameDescriptionUpload DateType
CA-Memo_to_Mayor_and_City_Council_Goodman_Settlement_Amended_Settlement_Date_Certain_Workshop.pdfMemorandum to Mayor and City Council Goodman Amended Settlement7/26/2020Cover Memo
CA-Goodman_Resolution_Number_64-20_Workshop_date_changed.pdfResolution Authorizing Amended Settlement Agreement Goodman7/26/2020Resolution
CA-_Amended_Settlement_Agreement_with_date__executed_by_Goodman.pdfAmended Settlement Agreement7/24/2020Agreement
REVIEWERS:
DepartmentReviewerActionDate
AttorneyWynn, DawnApproved7/23/2020 - 3:22 PM
PurchasingPemsel, AltheaApproved7/23/2020 - 4:26 PM
Financesherman, randyApproved7/23/2020 - 4:45 PM
AttorneyWynn, DawnApproved7/23/2020 - 4:47 PM
City ClerkRobinson, ClaudeneApproved7/23/2020 - 4:48 PM
City ManagerJacobs, DeirdreApproved7/29/2020 - 8:30 PM