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Letter to MDC Clerk of Courts MIAMI BEACH City of Miami Beach 1700 Convention Center Drive Miami Beach Florida 331 39 OFFICE OF THE CITY CLERK Rafael E. Granado, City Clerk Telephone: 305.673.741 1 Email: RafaelGranado@miamibeachfl.gov September 16, 2022 Sent Certified Return U.S. Mail Harvey Ruvin Miami-Dade County Clerk of Courts 73 W. Flagler Street Miami, FL 33130 Honorable Mr. Ruvin: On August 23, 2022, the electors of the City of Miami Beach approved the following amendments to the Miami Beach City Charter and Related Special Acts: Pursuant to Resolution 2022-32165 RSA Article I: Board of Adjustment—Changing "Architecture" Membership Category from Permissible to Required Membership City's Related Special Acts Article I, establishes a Board of Adjustment("BOA") appointed by City Commission, composed of two citizens at-large and five persons each representing one of these professions: Law, architecture, engineering, real estate development, certified public accounting, financial consultation, general business. Article I thus permits, but does not require, appointment of architect to BOA. Shall Article I be amended for limited purpose of requiring appointment of one member from the architecture profession? Yes 7,552 No 2,024 Pursuant to Resolution 2022-32166 Charter Section 6.03: Creating Additional Qualification Requirement for City Commission Candidates: Proof of Residency Documents Shall Charter Section 6.03 regarding "qualifying" for City elected office, be amended to create an additional qualifying requirement that candidates submit one (1) or more proof of residency documents upon which candidates rely to evidence their compliance with the Charter's existing requirement that candidates reside in the City for at least one year prior to qualifying for office? Yes 9,040 No 545 Pursuant to Resolution 2022-32167 Charter Section 1.03(c): Voter Approval to Aggregate Floor Area When Vacating Streets/Conveying Public Property Charter Section 1.03(c) requires voter approval before increasing a property's "floor area ratio" (how City regulates building size). The Charter has been interpreted to not require voter approval to aggregate (combine) the floor area of unified abutting parcels (adjacent properties touching/not separated by a lot under different ownership) arising from vacating a street or other sale/conveyance of public property. Shall the Charter be amended to require voter approval of such floor area aggregations? Yes 7,394 No 2,135 Attached are the official results of said Special Election, and the text of the Charter and Related Special Acts amendments. Said amendments will be incorporated into the City Charter and Related Special Acts. Pursuant to Miami-Dade County Code Section 6.03(B), a copy of the Charter and Related Special Acts amendments are being filed herewith. Should you have any questions, please contact me at 305.673.7411 or via e-mail at rafaelgranado(c�miamibeachfl.gov Respectfully, Rafael E. Granado, City Clerk Attachments: • Resolutions amending the Charter and Related Special Acts with the text of Charter and Related Special Acts amendments: Resolutions 2022-32165, 2022-32166, and 2022-32167. • Resolution with the Certificate of the August 23, 2022 Special Election Results: Resolution 2022-32270. C: Alina T. Hudak, Miami Beach City Manager Rafael A. Paz, Miami Beach City Attorney Jean Olin, Esq. F:\CLER\CLER\000_ELECTION\000000 082322 Primary Election&Special Elections\Letter to MDC Clerk of Courts Charter Amendments.docx RESOLUTION NO. 2022-32165 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA CALLING FOR AN AUGUST 23,2022 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER ARTICLE I, SECTION 2 OF CITY'S RELATED SPECIAL ACTS ESTABLISHING THE CITY'S BOARD OF ADJUSTMENT SHOULD BE AMENDED TO PROVIDE THAT APPOINTMENT OF ONE MEMBER FROM THE ARCHITECTURE PROFESSION SHALL BE REQUIRED INSTEAD OF PERMISSIBLE. BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the. general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m.to 7:00 p.m. on Tuesday, August 23, 2022, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. . That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all y .r• precincts have been tabulated. SECTION 3. • That the said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the • polling places and the voting precincts as determined by the Miami-Dade County Election Officials.' , SECTION 4. Notice of the adoption of this Resolution and of its provisions calling this Special Election shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 5. The Notice of Election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00 P.M. ON THE 23rd DAY OF AUGUST, 2022, AT WHICH TIME THERE SHALL BE SUBMITTED TO.THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: RSA Article I: Board of Adiustment- Changing "Architecture" Membership Category from Permissible to Required Membership: City's Related Special Acts Article I,establishes a Board of Adjustment("BOA")appointed by City Commission, composed of two citizens at-large and five persons each representing one of these professions: Law, architecture, engineering, real estate development, certified public accounting,financial consultation, general business. Article I thus permits, but does not require, appointment of architect to BOA. Shall Article I be amended for limited purpose of requiring appointment of one member from the architecture profession? ' Pursuant to City Code section 38-3(b): "The City Clerk shall further publish, in a newspaper meeting the requirements set forth in Florida Statute § 50.031 and on the City's website, the polling places for the election twice, once in the third week and once in the first week prior to the week in which the election is to be held." 2 • Yes No Said Notice shall further set forth pertinent information regarding eligibility of electors to participate in said elections. SECTION 6. That the official ballot to be used in the Special Election to be held on August 23, 2022 hereby called, shall be in substantially the following form, to-wit: "OFFICIAL BALLOT" RSA Article I: Board of Adjustment- Changing "Architecture" Membership Category from Permissible to Required Membership -- City's Related Special Acts Article I,establishes a Board of Adjustment("BOA")appointed by City Commission, composed of two citizens at-large and five persons each representing one of these professions: Law, architecture, engineering, real estate development, certified public accounting, financial consultation, general business. Article I thus permits, but does not require, appointment of architect to BOA. Shall Article I be amended for limited purpose of requiring appointment of one member from the architecture profession? Yes No SECTION 7. The form of the ballots to be used in this Special Election and their preparation shall be in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. SECTION 8. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter 3 registration centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade County. The Miami-Dade County Supervisor of Elections will register voters for this Special Election until 5:00 p.m. on July 25, 2022. All persons eligible to vote at this Special Election must be registered before the time and date set forth herein or have registered previously, as provided by law. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami-Dade County Elections Department. All questions concerning voter registration should be directed to the Miami-Dade County Elections Department, 2700 N.W. 87th Avenue, Miami, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 9. That voters participating via a Vote-by-Mail ballot in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with respect to such voting. All questions concerning Vote-by-Mail ballots should be directed to the Miami-Dade County Elections Department, 2700 N.W. 87" Avenue, Miami, Florida 33172; Telephone: (305)499-VOTE (8683). SECTION 10. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 11. That if the Related Special Acts Amendment provided for in Sections 5 and 6 above shall be approved by a majority of the qualified electors of the City voting on the subject Amendment, it shall be considered adopted and effective upon the City Commission's acceptance of certification of final election results. 4 SECTION 12. Upon the Related Special Act Amendment's approval by a majority of the qualified electors of the City voting on such measure in the election and the City Commission's acceptance of certification of final election returns,the City Clerk is hereby directed to have the subject Related Special Act amendment incorporated into the Related Special Acts, and to file such Amendment with the Clerk of the Circuit Court and file the revised Related Special Acts with the Department of State. SECTION 13. If any section, sentence, clause or phrase of this Resolution or of the ballot measure or the Related Special Act Amendment set forth herein is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of said Resolution, ballot measure or Related Special Act Amendment. SECTION 14. This Resolution shall be effective immediately upon its passage. • PASSED and ADOPTED this 7' day of 1914 , 2022. ATTEST: DAN GELBER MAYOR RAFAEL E. G ADO NAY 09 Za2�� . CITY CLERK (Requested by Commissioner Kristen Rosen Gonzalez) APPROVED AS TO FORM&LANGUAGE . . . rn\qet�.. &FOR EXECUTION klEECOR ORMEO,. I,'%•\.. LL D.y'kc)-c ah c• I.26• _ City Attorney ()Fru Date via 5 • AUGUST 23, 2022 CITY OF MIAMI BEACH SPECIAL ELECTION: RELATED SPECIAL ACTS ARTICLE I-- BALLOT QUESTION AND PROPOSED AMENDED RSA TEXT I. BALLOT QUESTION: RSA Article I: Board of Adjustment- Changing "Architecture" Membership Category from Permissible to Required Membership City's Related Special Acts Article I, establishes a Board of Adjustment("BOA")appointed by City Commission, composed of two citizens at-large and five persons each representing one of these professions: Law, architecture, engineering, real estate development, certified public accounting, financial consultation, general business. Article I thus permits, but does not require, appointment of architect to BOA. Shall Article I be amended for limited purpose of requiring appointment of one member from the architecture profession? Yes No II. PROPOSED AMENDED RELATED SPECIAL ACTS TEXT: ARTICLE I. -ZONING BOARDS AND COMMISSIONS Sec. 2.-Appointment, composition and duties of board of adjustment. The board of adjustment shall.consist of seven voting members. Two members shall be appointed as citizens at-large, and five professional members shall each be appointed as follows: one member shall represent the architecture profession, and the remaining four members shall represent from one of the following professions (no more than one member per profession) namely: Law, architecture, engineering, real estate development, certified public accounting, financial consultation, and general business. The members representing the professions of architecture, law, archi re, engineering and public accounting shall be duly licensed by the State of Florida;... * * * ESTIMATE City of Miami Beach-Piggyback Election-August 23.2022 w/additional page Rafael E.Granada,City Clerk Estimate.N': MBEACH(2)-PB-082322 City of Miami Beach Estimate Date: December 16,2021 1700 Convention Center Dr.,#200 Miami Beach,FL 33139 Registered Voters: 50,498 Early Voting Days: 0 Precincts: - Early Voting Sites: 0 Polling Places: - Permanent Absentee Ballots: 15,218 Personnel $ - Salaries IL Fringe Benefits,Overtime,Poll Workers Polling Places - Security,Polling Place Rentals Supplies and Services - Election Supplies,Communication Charges,Absentee Ballots Set Up Trucks and Vehicles - Truck Rentals,GSA Vehicles Printing and Advertising 50,498.00 Absentee,Early Voting&Precinct Ballots,Temporary Polling Place Change Notices,Newspaper Ads Postage - Absentee Ballots Sent and Business Reply,Temporary Polling Place Change Notices,Letters Ballot Creation 820.00 In-House&Outside Contractual Services,Translations-Based on one question Administrative Overhead 5,131.80 Indirect Costs,Logic&Accuracy,Post-Election Audits *TOTAL $ 56.449.8Q Please note these costs are estimates and are subject to change. This estimate does include the cost of ballot printing; however, if your question(s)/race(s) creates an additional ballot pace, the cost will be adjusted accordingly. For more information,you may contact: Jose J.Ponce Deputy Supervisor of Elections Miami-Dade Elections Department 2700 NW 87 Avenue Miami,Florida 33172 .Office:305-499-8320 E-mail:Jose.ponce@miamidade.gov • ESTIMATE City of Miami Beach-Piggyback Election-August 23,2022 • Rafael E.Granado,City Clerk Estimate N°: MBEACH-PB-082322 City of Miami Beach Estimate Date: December 18,2021 1700 Convention Center Dr.,#200 Miami Beach,FL 33139 Registered Voters: 50,498 Early Voting Days: 0 Precincts: 25 Early Voting Sites: 0 Polling Places: - Permanent Absentee Ballots: 15,218 Personnel $ - Salaries&Fringe Benefits,Overtime,Poll Workers Polling Places - Security,Polling Place Rentals Supplies and Services - Election Supplies,Communication Charges,Absentee Ballots Set Up Trucks and Vehicles • - Truck Rentals,GSA Vehicles Printing and Advertising 25,249.00 Absentee,Early Voting&Precinct Ballots,Temporary Polling Place Change Notices,Newspaper Ads Postage - Absentee Ballots Sent and Business Reply,Temporary Polling Place Change Notices,Letters Ballot Creation 660.00 In-House&Outside Contractual Services,Translations-Based on one question Administrative Overhead 2,590.90 Indirect Costs,Logic&Accuracy,Post-Election Audits *TOTAL $ 28,499.90 *Please note these costs are estimates and are subject to change. This estimate does include the cost-of ballot printing; however, if your questions)/race(s) creates an additional ballot page. the cost will be adjusted accordingly. • For more information,you may contact: Jose J.Ponce Deputy Supervisor of Elections Miami-Dade Elections Department 2700 NW 87 Avenue Miami,Florida 33172 Office:305-499-8320 E-mail:jose.ponce@miamidade.gov Resolutions R7 N MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz, City Attorney DATE: May 4,2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR AN AUGUST 23,2022 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER ARTICLE I, SECTION 2 OF CITY'S RELATED SPECIAL ACTS ESTABLISHING THE CITY'S BOARD OF ADJUSTMENT SHOULD BE AMENDED TO PROVIDE THAT APPOINTMENT OF ONE MEMBER FROM THE ARCHITECTURE PROFESSION SHALL BE REQUIRED INSTEAD OF PERMISSIBLE. ANALYSIS See attached Commission Memorandum. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION See attached Commission Memorandum. Applicable Area Citywide Is this a"Residents Right Does this item utilize G.O. to Know"item.pursuant to Bond Funds? City Code Section 2-14? No No Legislative Trackina Office of the City Attorney Sponsor Vice-Mayor Kristen Rosen Gonzalez Page 1198 of 1451 ATTACHMENTS: Description o Commission Memorandum o Resolution Page 1199 of 1451 lv\INv I B[AC H City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov • COMMISSION MEMORANDUM TO: Mayor Dan Gelber and Members of the City Commission City Manager Aline T. Hudak FROM: Rafael A. Paz, City Attorney DATE: May 4, 2022 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR AN AUGUST 23, 2022 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER ARTICLE I, SECTION 2 OF CITY'S RELATED SPECIAL ACTS ESTABLISHING THE CITY'S BOARD OF ADJUSTMENT SHOULD BE AMENDED TO PROVIDE THAT APPOINTMENT OF ONE MEMBER FROM THE ARCHITECTURE PROFESSION SHALL BE REQUIRED INSTEAD OF PERMISSIBLE. • Pursuant to the request of City Commissioner Kristen Rosen Gonzalez, the attached Resolution has been prepared calling for a City of Miami Beach Special Election to be held on August 23, 2022 for the purpose of submitting to the City's voters the following question: RSA Article I: Board-of Adjustment • - Changing "Architecture" Membership Category from Permissible to Required Membership. City's Related Special Acts Article I,establishes a Board of Adjustment("BOA")appointed by City Commission, composed of two citizens at-large and five persons each representing one of these professions: Law, architecture, engineering, real estate . development, certified public accounting, financial consultation,general business. Article I thus permits, but does not require,appointment of architect to BOA. Shall Article I be amended for limited purpose of requiring appointment of one member from the architecture profession? The County's deadline for City Commission adoption of a Resolution placing a matter on the August 23, 2022 CMB Special Election ballot is May 27, 2022. Accordingly, it should be noted that other than the Commission's May 25, 2022 Presentation and Awards meeting, the May 4, 2022 City Commission meeting is the last regularly-scheduled meeting of the City Commission at which a Resolution may be adopted placing a ballot question on the City's August 23, 2022 Special Election ballot. Page 1200 of 1451 Commission Memorandum May 4, 4022 Page 2 FISCAL IMPACT STATEMENT The Miami-Dade County Elections Department has provided the City Clerk with an estimate of approximately$28,499.90(Cost Estimate for One Page Ballot)and$56,449.80(Cost Estimate in the Scenario Multiple Questions Triggers an Additional Page) to conduct the August 23, 2022 Special Election, which includes the costs associated with 14 days of Early Voting. (See Department of Election Estimates). Additionally, the City will incur approximately $42,000 in legally mandated advertisements, required by the Florida Statutes and the City Code, to notice this Special Election. Amount(s)/Account(s): $28,499.90—Estimate 1-page ballot(Scenario 1) , $56,449.80—Estimate 2-page ballot(Scenario 2) $42,000.00—Legally Mandated Advertisements Maximum Estimated Amount: $98,449.80 Account: 011-9322-000312-90-400-592-00-00-00 RAP/JO/ag ' _ 1 . Page 1201 of 1451 RESOLUTION NO.1 2022-32166 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR AN AUGUST 23, 2022 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING . TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER CITY CHARTER SECTION 6.03 SHOULD BE AMENDED TO CREATE AN ADDITIONAL QUALIFYING REQUIREMENT THAT CANDIDATES SUBMIT DOCUMENTS EVIDENCING COMPLIANCE WITH THE CITY CHARTER'S EXISTING REQUIREMENT THAT CANDIDATES RESIDE IN CITY FOR AT LEAST ONE YEAR PRIOR TO QUALIFYING FOR OFFICE. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, August 23, 2022, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated. SECTION 3. That the said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the polling places and the voting precincts as determined by the Miami-Dade County Election Officials.' Pursuant to City Code section 38-3(b): "The City Clerk shall further publish, in a newspaper meeting the requirements set forth in Florida Statute § 50.031 and on the City's website, the polling places for the election twice, once in the third week and once in the first week prior to the SECTION 4. Notice of the adoption of this Resolution and of its provisions calling this Special Election shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 5. The Notice of Election shall be substantially in the following form: THE CITY OF MIAMI BEACH,FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND VVILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00 P.M. ON THE 23rd DAY OF AUGUST, 2022, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: • Charter Section 6.03: Creating Additional Qualification Requirement for City Commission Candidates: Proof of Residency Documents -- Shall Charter Section 6.03 regarding"qualifying"for City elected office, be amended to create an additional qualifying requirement that candidates submit one (1) or more proof of residency documents upon which candidates rely to evidence their compliance with the Charter's existing requirement that candidates reside in the City for at least one year prior to qualifying for office? Yes No • Said Notice shall further set forth pertinent information regarding eligibility of electors to participate in said elections. week in which the election is to be held." • SECTION 6. That the official ballot to be used in the Special Election to be held on August 23, 2022 hereby called, shall be in substantially the following form, to-wit: "OFFICIAL BALLOT" Charter Section 6.03: Creating Additional Qualification Requirement for City Commission Candidates: Proof of Residency Documents:` Shall Charter Section 6.03 regarding"qualifying"for City elected office, be amended to create an additional qualifying requirement that candidates submit one (1).or more proof of residency documents upon which candidates rely to evidence their compliance with the Charter's existing requirement that candidates reside in the City for at least one year prior to qualifying for office? Yes No SECTION 7. The form of the ballots to be used in this Special Election and their preparation shall be in compliance with all statutory requirements relating to the use of mechanical or other approved • voting machines or devices. • SECTION 8. Registration of persons desiring to vote in the Special Election shall be in•accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade County. The Miami-Dade County Supervisor of Elections will register voters for this Special Election until 5:00 p.m. on July 25, 2022. All persons eligible to vote at this Special Election must be registered before the time and date set forth herein or have registered previously, as provided by law. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami-Dade County Elections 3 Department. All questions concerning voter registration should be directed to the Miami-Dade County Elections Department, 2700 N.W. 87th Avenue, Miami, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 9. That voters participating via a Vote-by-Mail ballot in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with . respect to such voting. All questions concerning Vote-by-Mail ballots should be directed to the Miami-Dade County Elections Department, 2700 N.W. 87" Avenue, Miami, Florida 33172; Telephone: (305)499-VOTE (8683). SECTION 10. That the City of Miami Beach shall pay all expenses for conducting this Special Election. and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 11. That if the Charter Amendment provided for in Sections 5 and 6 above shall be approved by a majority of the qualified electors of the City voting on the subject Charter Amendment, it shall be considered adopted and.effective upon the City Commission's acceptance of certification of final election results. SECTION 12. Upon the Charter Amendment's approval by a majority of the qualified electors of the City voting on such measure in the election and the City Commission's acceptance of certification of final election returns, the City Clerk is hereby directed to have the subject Charter amendment incorporated into the City Charter,file such Amendment with the Clerk of the Circuit Court and file the revised Charter with the Department of State. 4 . SECTION 13. If any section, sentence, clause or phrase of this Resolution or of the ballot measure or the Charter Amendment set forth herein is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of said Resolution, ballot measure or Charter Amendment. SECTION 14. This Resolution shall be effectiveimmediately upon its passage./ PASSED and ADOPTED this T day of May, 2022. ATTEST: ,% 2—z -,----____ MAY .0 9 2'Q ' ! DAN GELBER iiiMAYOR RAF EL E. RANADO .�.,,, CITY CLERK =--P '•l•344 'a, 1 %, UI,CORP 1ORATED „ (Requested by Commissioner Mark Samuelian) %.1.:.. I :t., ,,''Q ' 7 ,, hV" APPROVED AS TO FORM&LANGUAGE . &FOR EXECUTION 1 .?- : .y_ al-1a- City Attorney itDate 5 AUGUST 23, 2022 CITY OF MIAMI BEACH SPECIAL ELECTION: CITY CHARTER SECTION 6.03-- BALLOT QUESTION AND PROPOSED AMENDED CITY CHARTER TEXT I. BALLOT QUESTION: Charter Section 6.03: Creating Additional Qualification Requirement for City Commission Candidates: Proof of Residency Documents-. Shall Charter Section 6.03 regarding"qualifying"for City elected office, be amended to create an additional qualifying requirement that candidates submit one(1)or more proof of residency documents upon which candidates rely to evidence their compliance with the Charter's existing requirement that candidates reside in the City for at least one year prior to qualifying for office? Yes • No II. PROPOSED AMENDED CITY CHARTER TEXT: Charter, Section 6.03: "Qualifying". The City Commission shall cause to be placed on the ballot to be used in the general election the name of any qualified elector of the City residing within the City at least one year prior to qualifying and who,within the four(4)consecutive days immediately following the first Monday of September prior to said general election, 1)shall have submitted one(1)or more documents upon which he/she relies upon to evidence that he/she has resided in the City for at least one year prior to qualifying, which type document(s) shall include but not be limited to: a Florida government issued identification, a voter's registration card, driver's license, property tax receipt, homestead exemption, utility bill or lease agreement, 2) shall have paid to the City Clerk of the City of Miami Beach the sum equal to seven and one-half percent (7'/2%) of the annual salary of the office to which he/she seeks election as a qualifying feel and I shall have been photographed and fingerprinted by the identification bureau of the Police Department of the City, unless such person shall file with the City Clerk no later than noon of the 14th day prior to the first day of qualifying as a candidate for such office, a petition approving his candidacy signed by sufficient qualified and registered voters to constitute not less than two percent(2%)of this number of such voters as the same shall be on the date sixty (60) days prior to the first day of qualifying as a candidate for office; in the event the Miami-Dade County Elections Department has not issued its certificate verifying the required number of valid signatures on the subject qualifying petition by 5:00 p.m. on the second day of the City's four-day qualifying period, the City's 7%% qualifying fee shall be waived by the City in the event the subject candidate should otherwise qualify for office pursuant to this Charter section.All candidates qualifying for office shall have taken,signed and subscribed to an oath or affirmation in writing in which he/she shall state (1) the title of the office for which • he/she is a candidate; (2) that he/she is a qualified elector of the City of Miami Beach, Florida, and has resided in the City at least one year prior to qualifying; (3) his/her legal residence, by street and number; (4)that he/she is qualified under the ordinances(including Miami Beach City Code Chapter 38 governing "Elections") and Charter of the City of Miami Beach, Florida, to hold the office for which he/she is a candidate. • Such oath or affirmation shall be substantially in the following form: STATE OF FLORIDA ) SS: COUNTY OF DADE ) Before me, an officer authorized to administer oaths, personally appeared to me well known who, being sworn, says that he/she is a candidate for the office of City Commissioner (Group No. (or Mayor)for the City of Miami Beach, Florida; that he/she is a qualified elector of said City residing within the City at least one year before qualifying for City of Miami Beach elected office; that his/her legal residence is: , Miami Beach, Dade County, Florida; that he/she is qualified under the ordinances (including Miami Beach City Code Chapter 38 governing "Elections") and Charter of said City to hold such office; and that he/she has paid the required qualification fee. Signature of Candidate • Sworn to and subscribed before me this_day of A.D., 4-920 • Authorized Officer The City Commission shall, by ordinance, prescribe the manner of holding general and special elections not inconsistent with the provisions hereof, and shall, by ordinance or resolution, prescribe polling places in the various voting precincts in the City. • • Resolutions-R7 O M1AMI BEACH. COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz, City Attorney DATE: May 4,2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR AN AUGUST 23,2022 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER CITY CHARTER SECTION 6.03 SHOULD BE AMENDED TO CREATE AN ADDITIONAL QUALIFYING REQUIREMENT THAT CANDIDATES SUBMIT DOCUMENTS EVIDENCING COMPLIANCE WITH THE CITY CHARTER'S EXISTING REQUIREMENT THAT CANDIDATES RESIDE IN CITY FOR AT LEAST ONE YEAR PRIOR TO QUALIFYING FOR OFFICE. ANALYSIS See attached Commission Memorandum. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION See attached Commission Memorandum. Applicable Area Citywide Is this a"Residents Right Does this item utilize G.O. to Know"item.pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Office of the City Attorney Sponsor Commissioner Mark Samuelian Page 1208 of 1451 ATTACHMENTS: Description D Commission Memorandum o Resolution Page 1209 of 1451 AA IBEACH City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamlheachfl.gov COMMISSION MEMORANDUM TO: Mayor Dart Gelber and Members of the City Commission' • City Manager Alina T. Hudak FROM: Rafael A. Paz, City Attorney DATE: May 4, 2022 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR AN AUGUST 23, 2022 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER CITY CHARTER SECTION 6.03 SHOULD BE AMENDED TO CREATE AN ADDITIONAL QUALIFYING REQUIREMENT THAT CANDIDATES SUBMIT DOCUMENTS EVIDENCING COMPLIANCE WITH THE CITY CHARTER'S EXISTING REQUIREMENT THAT CANDIDATES RESIDE IN CITY FOR AT LEAST ONE YEAR PRIOR TO QUALIFYING FOR OFFICE. Pursuant to the request of City Commissioner Mark Samuelian, the attached Resolution has been prepared calling for a City of Miami Beach Special Election to be held on August 23, 2022 for the purpose of submitting to the City's voters the following ballot question: � Charter Section 6.03: a r Creating Additional Qualification Requirement for City Commission Candidates: Proof of Residency Documents. Shall Charter Section 6.03 regarding"qualifying"for City elected office, be amended to create an additional qualifying requirement that candidates submit one (1) or more proof of residency documents upon which candidates rely to evidence their compliance with the Charter's existing requirement that candidates reside in the City for at least one year prior to qualifying for office? By way of background, City Charter Section 6.03 requires that a candidate for election to the City Commission be a resident of the City for at least 1 year prior to qualifying for office, and file with the City Clerk during the qualifying period his/her fingerprints and photograph, oath of candidacy, and payment of qualifying fee.' During the City's 2021 General Election season, Commissioner Samuelian was informed by several City residents of their beliefs that certain candidates had not resided in the City for the required-one year period—this concern was confirmed with regard to one such candidate who was disqualified/deemed ineligible by a Judge in the Eleventh Judicial Circuit Court for not having satisfied the subject one-year residency requirement. ' Fee applicable unless qualifying by petition. Page 1210 of 1451 Commission Memorandum May 4, 2022 Page 2 Recognizing the significance of transparency to a healthy democracy, and for purposes of fostering the integrity of our municipal elections, Commissioner Samuelian is thus proposing presentation to the city's voters of an amendment to Charter Section 6.03 to create an additional qualification requirement whereby qualifying candidates must file 1 or more documents evidencing their compliance with the Charter's one-year residency requirement.2 Commissioner Samuelian believes that by providing City residents and the public in general with greater opportunity to review and assess a City Commission'candidate's compliance with the Charter's residency requirement, enhanced voter confidence and trust in the election process will be achieved. Pursuant to Commissioner Samuelian's request, as City Attorney I have studied the subject proposal, and have opined that requiring all qualifying candidates to submit evidence of compliance with the City's existing residency requirement in order to enhance the voters' ability to evaluate those who seek City office, comports with legal dictates as it is both reasonable and nondiscriminatory, and justified by the City's important governmental interest of fostering transparency, fundamental to the integrity of our electoral system, and further warranted by related relevant and legitimate governmental interests sufficiently weighty to justify it. The County's deadline for City Commission adoption of a Resolution placing a matter on the August 23, 2022 CMB Special Election ballot is May 27, 2022. Accordingly, it should further be noted that other than the Commission's May 25,2022 Presentation and Awards meeting,the May 4, 2022 City Commission meeting is the last regularly-scheduled meeting of the City Commission at which.a Resolution may be adopted placing a ballot question on the City's August 23, 2022 Special Election ballot. FISCAL IMPACT STATEMENT The Miami-Dade County Elections Department has provided the City Clerk with an estimate of approxi`rnately$28,499.90(Cost Estimate for One Page Ballot)and $56,449.80(Cost Estimate in c... • the Scenario Multiple Questions Triggers an Additional Page) to conduct the August 23, 2022 Special Election, which includes the costs associated with 14 days of Early Voting. (See Department of Election Estimates). Additionally, the City will incur approximately $42,000 in legally mandated advertisements, required by the Florida Statutes and the City Code, to notice this Special Election. Amount(s)/Account(s): $28,499.90—Estimate 1-page ballot(Scenario 1) $56,449.80—Estimate 2-page ballot(Scenario 2) $42,000.00—Legally Mandated Advertisements Maximum Estimated Amount: $98,449.80 Account: 011-9322-000312-90-400-592-00-00-00 RAP/JO/ag • 2 As with all qualification requirements, given the City Clerk's ministerial role in the processing of qualifying papers, any challenge to a candidate's compliance with Section 6.03's residency requirement and his/her eligibility to run for City office,remain subject to a legal challenge initiated by a private party in a Court of law. Page 1211 of 1451 • ESTIMATE City of Miami Beach-Piggyback Election -August 23, 2022 Rafael E.Granado,City Clerk Estimate N°: MBEACH-PB-082322 City of Miami Beach Estimate Date: December 16,2021 1700 Convention Center Dr.,#200 Miami Beach,FL 33139 Registered Voters: 50,498 Early Voting Days: 0 ' Precincts: 25 Early Voting Sites: 0 Polling Places: . • Permanent Absentee Ballots: 15,218 Personnel $ Salaries 6 Fringe Benefits,Overtime,Poll Workers Polling Places - Security,Polling Place Rentals Supplies and Services . •Election Supplies,Communication Charges,Absentee Ballots Set Up Trucks and Vehicles . Truck Rentals,GSA vehicles Printing and Advertising 25,249.00 Absentee,Early Voting B Precinct Ballots,Temporary Polling Place Change Notices,Newspaper Ads Postage - Absentee Ballots Sent and Business Reply,Temporary Polling Place Change Notices,Letters Ballot Creation 660.00 In-House 8,Outside Contractual Services,Translations-Based on one question Administrative Overhead 2,590.90 Indirect Costs,Logic d Accuracy,Post.Election Audits . `TOTAL � 28 499.90 Please note these costs are estimates and are subject to change. This estimate does Include the cost of ballot printing; however, If your question(s)/race(s) creates an additional ballot page,the cost will be adjusted accordingly. • • For more information,you may contact: • Jose J.Ponce Deputy Supervisor of Elections Miami-Dade Elections Department 2700 NW 87 Avenue Miami,Florida 33172 Office:305d99-8320 Email:jose.ponce@miamidade.gov Page 1212 of 1451 ESTIMATE • City of Miami Beach-Piggyback Election-August 23, 2022 w/additional page Rafael E.Granado,City Clerk Estimate N°: MBEACH(2)-e8482322 City of Miami Beach Estimate Date: December 16,2021 1700 Convention Center Dr.,#200 • Miami Beach,FL 33139 Registered Voters: 50,498 Early Voting Days: 0 Precincts: • Early Voting Sites: 0 Polling Places: • Permanent Absentee Ballots: 15,218 Personnel • $ . Salaries&Fringe Benefits,Overtime,Poll Workers Polling Places - Security,Polling Place Rentals Supplies and Services - Election Supplies,Communication Charges,Absentee Ballots Set Up Trucks and Vehicles Truck Rentals,GSA Vehicles Printing and Advertising 50,498.00 Absentee,Early Voting&Precinct Ballots,Temporary Polling Place Change Notices,Newspaper Ads Postage - Absentee Ballots Sent and Business Reply,Temporary Polling Place Change Notices,Letters Ballot Creation 820.00 In-House&Outside Contractual Services,Translations-Based on one question Administrative Overhead 5,131.80 Indirect Costs,Logic 6 Accuracy,Post-Election Audits *TOTAL $ 56,449.80 •Please note these costs are estimates and are subject to change. This estimate does include the cost of ballot printing; however, if your questions)/race(s) creates an additional ballot pea;the cost will be adjusted accordingly. For more information,you may contact: Jose J.Ponce Deputy Supervisor of Elections Miami-Dade Elections Department 2700 NW 87 Avenue Miami,Florida 33172 Office:305-499-8320 E-mail:jose.ponce@miamidade.gov Page 1213 of 1451 RESOLUTION NO: 2022-32167 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA CALLING FOR AN AUGUST 23,2022 CITY OF MIAMI BEACH SPECIAL ELECTION,'FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER CITY CHARTER SECTION 1.03(c) SHOULD BE AMENDED TO REQUIRE VOTER APPROVAL TO AGGREGATE FLOOR AREA OF UNIFIED ABUTTING PARCELS (ADJACENT PROPERTIES TOUCHING/NOT SEPARATED BY A LOT UNDER DIFFERENT OWNERSHIP) ARISING FROM VACATING A STREET OR OTHER SALE/CONVEYANCE OF PUBLIC PROPERTY. BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m.to 7:00 p.m. on Tuesday, August 23, 2022, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with acceptance of-the certification of the results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated. SECTION 3. That the said voting precincts in the City of said Special Election shall be as established • by the proper and appropriate Miami-Dade County Election Officials, All electors shall vote at the polling places and the voting precincts as determined by the Miami-Dade County Election Officials.' 1 Pursuant to City Code section 38-3(b): "The City Clerk shall further publish, in a newspaper meeting the requirements set forth in Florida Statute § 50.031 and on the City's website, the • SECTION 4. Notice of the adoption of this Resolution and of its provisions calling this Special Election shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the - provisions of Section 100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 5. The Notice of Election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00 P.M. ON THE 23rd DAY OF AUGUST, 2022, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: Charter Section 1.03(c): Voter Approval to Aggregate Floor Area When Vacating StreetslConveving Public Property Charter ' Section 1.03(c) requires voter approval before increasing a property's "floor area ratio" (how City regulates building size). The Charter has been interpreted to not require voter approval to aggregate (combine) the floor area of unified abutting parcels (adjacent properties touching/not separated by a lot under different ownership) arising from vacating a street or other sale/conveyance of public property. Shall the Charter be amended to require voter approval of such floor area aggregations? • Yes No Said Notice shall further set forth pertinent information regarding eligibility of electors to participate in said elections. polling places for the election twice, once in the third week and once in the first week prior to the week in which the election is to be held." 2 SECTION 6. That the official ballot to be used in the Special Election to be held on August 23, 2022 hereby called, shall be in substantially the following form, to-wit: "OFFICIAL BALLOT" Charter Section 1.03(c): Voter Approval to Aggregate Floor Area When Vacating Streets/Convevinq Public Property Charter Section 1.03(c) requires voter approval before increasing a property's "floor area ratio" (how City regulates building size). The Charter has been interpreted to not require voter approval to aggregate (combine) the floor area of unified abutting parcels (adjacent properties touching/not separated by a lot under different ownership) arising from vacating a street or other sale/conveyance of public property. Shall the Charter be amended to require voter approval of such floor area aggregations? Yes No SECTION 7. The form of the ballots to be used in this Special Election and their preparation shall be in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. SECTION 8. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade County. The Miami-Dade County Supervisor of Elections will register voters for this • Special Election until 5:00 p.m. on July 25, 2022. All persons eligible to vote at this Special • Election must be registered before the time and date set forth herein or have registered previously, as provided by law. Each person desiring to become a registered voter shall be responsible for • properly filling out the registration form and returning it to the Miami-Dade County Elections Department. All questions concerning voter registration should be directed to the Miami-Dade County Elections Department, 2700 N.W. 87th Avenue, Miami, Florida 33172; Telephone: (305) 499-VOTE (8683). • SECTION 9. That voters participating via a Vote-by-Mail ballot in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with respect to such voting. All questions concerning Vote-by-Mail ballots should be directed to the Miami-Dade County Elections Department, 2700 N.W. 87" Avenue, Miami, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 10. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 11. That if the Charter Amendment provided for in Sections 5 and 6 above shall be approved by a majority of the qualified electors of the City voting on the subject Charter Amendment,it shall be considered adopted and effective upon the City Commission's acceptance of certification of final election results. SECTION 12. Upon the Charter Amendment's approval by a majority of the qualified electors of the City voting on such measure in the election and the City Commission's acceptance of certification of final election returns, the City Clerk is hereby directed to have the subject Charter amendment incorporated into the City Charter,file such Amendment with the Clerk of the Circuit Court and file the revised Charter with the Department of State. SECTION 13. . If any section, sentence, clause or phrase of this Resolution or of the ballot measure or the Charter Amendment set forth herein is held to be invalid or unconstitutional by any court of 4 competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of said Resolution, ballot measure or Charter Amendment. SECTION 14. This Resolution shall be effective immediately upon itspassage. PASSED and ADOPTED this q day of `a r , 2022. ATTEST: Att-171%..;\ • � a'� MAYOR . INCORPORATED•' RAFAEL E. GRANADO �?_= CITY CLERK ',,,,,, MAY 0. 9 2022 (Requested by Commissioner Kristen Rosen Gonzalez) APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION • c-3 — z-Z City p Date PP 5 AUGUST 23, 2022 CITY OF MIAMI BEACH SPECIAL ELECTION: CITY CHARTER SECTION 1.03(c)-- BALLOT QUESTION AND PROPOSED AMENDED CITY CHARTER TEXT I. BALLOT QUESTION: Charter Section 1.03(c):. Voter Approval to Aggregate Floor Area When Vacating Streets/Conveying Public Property Charter Section 1.03(c) requires voter approval before increasing a property's "floor area ratio"(how City regulates building size). • The Charter has been interpreted to not require voter approval to aggregate (combine) the floor area of unified abutting parcels (adjacent properties touching/not separated by a lot under different ownership) arising from vacating a street or other sale/conveyance of public property. Shall the Charter be amended to require voter approval of such floor area aggregations? Yes No • II. PROPOSED AMENDED CITY CHARTER TEXT: Sec. 1.03. Powers of City. (c) The floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning, transfer, or any other means.from its current zoned floor area ratio as it exists on the date of adoption of this Charter Amendment [November 7, 2001], including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless any such increase in zoned floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach. The provision shall not preclude or otherwise affect the division of lots, or the aggregation of development rights on unified abutting parcels, as may be permitted by ordinance,except that all or a portion of any street,alley, right-of-way,or any public property, may not be vacated,deeded, or otherwise sold or conveyed, if it has the effect of aggregating the floor area of any unified abutting parcels, unless such aggregation of floor area is first approved by a vote of the electors of the City of Miami Beach. ... ' Agenda Item WI f& Date I-2L MIAMI BEACH City of Miami.Beach,1700 Convention Center Drive,Miami Beach,Florida.33139,www.miamibeachfl,gov COMMISSION MEMORANDUM TO.: Mayor Dan Gelber and Members of the City Commission City Manager Alina T. Hudak FROM: Rafael A. Paz, City Attorney DATE: May 4, 2022 SUBJECT: A.RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA CALLING FOR AN AUGUST 23,2022 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER CITY CHARTER SECTION 1.03(c) SHOULD BE AMENDED TO • REQUIRE VOTER APPROVAL TO AGGREGATE FLOOR AREA OF UNIFIED ABUTTING PARCELS (ADJACENT PROPERTIES TOUCHING/NOT SEPARATED BY A LOT UNDER DIFFERENT OWNERSHIP) ARISING FROM • VACATING A STREET OR OTHER SALE/CONVEYANCE OF PUBLIC PROPERTY. • Pursuant"to the request of City Commissioner Kristen Rosen Gonzalez, the attached Resolution has been prepared calling for a City of Miami Beach Special Election to be held on August 23,2022 for the purpose of submitting to the City's voters the following question: Charter Section 1.03(c): • Voter Approval to Aggregate Floor Area When Vacating StreetslConveying Public Property Charter Section 1.03(c) requires voter approval before increasing a property's "floor area ratio"(how City regulates building size). The Charter has been interpreted to not require voter approval to aggregate (combine) the floor area of unified abutting parcels (adjacent properties touching/not separated by a lot under different ownership), arising from vacating a street or other sale/conveyance of public property. Shall the Charter be amended to require voter approval of such floor area aggregations? The County's deadline for City Commission adoption of a Resolution placing a matter on the August 23, 2022 CMB Special Election ballot is May 27, 2022. Accordingly, it should be noted that other than the Commission's May 25, 2022 Presentation and Awards meeting, the May 4, 2022 City Commission meeting is the last regularly-scheduled meeting of the City Commission at Commission Memorandum May,4, 2022 Page 2 which a Resolution may be adopted placing a ballot question on the City's August 23, 2022 Special Election ballot. • FISCAL IMPACT STATEMENT The Miami-Dade County Elections Department has provided the City Clerk with an estimate of approximately$28,499..90(Cost Estimate for One Page.Ballot)and$56,449.80(Cost Estimate in theScenario•Multiple Questions Triggers an Additional Page) to conduct the August 23, 2022 Special Election, which includes the costs associated with 14 days of Early Voting. (See Department of Election Estimates). Additionally, the City will incur approximately $42;000 in legally mandated advertisements, required by the Florida Statutes and the City Code;to notice this Special Election. Amount(s)/Account(s): $28,499.90—Estimate 1-page ballot.(Scenario 1) .$56,4.49.80—Estimate 2-page ballot(Scenario 2) • $42,000.00—Legally Mandated Advertisements Maximum Estimated Amount:$9.8,449:.80 Account:011-9322-000.312-90-400-592-00-00-00 • RArP/JO/ag • ESTIMATE City of Miami Beach -Piggyback Election-August 23,2022 Rafael E.Granada,City Clerk Estimate N°: MBEACH-PB-082322 City of Miami Beach Estimate Date: December 18,2021 1700 Convention Center Dr.,#200 • Miami Beach,FL 33139 Registered Voters: 50,498 Early Voting Days: 0 Precincts: 25 Early Voting Sites: 0 Polling Places: - • Permanent Absentee Ballots: 15,218 Personnel $ - Salaries B Fringe Benefits,Overtime,Poll Workers Polling Places - Security,Polling Place Rentals Supplies and Services • - Election Supplies,Communication Charges,Absentee Ballots Set Up Trucks and Vehicles - Truck Rentals.GSA Vehicles Printing and Advertising 25,249.00 Absentee,Early Voting&Precinct Ballots;Temporary Polling Place Change.Notices,Newspaper Ads Postage - Absentee Ballots Sent and Business Reply,Temporary Polling Place Change Notices,Letters Ballot Creation 660.00 In-House B Outside Contractual Services,Translations-Based on one question Administrative Overhead 2,590.90 Indirect Costs,Logic&Accuracy,Post-Election Audits *TOTAL $ 28.499.90 Please note these costs are estimates and are subject to change. This estimate does include the cost of ballot printing; however, if your question(s)/race(s) creates an additional ballot page. the cost will be adjusted accordingly. For more Information,you may contact: Jose J.Ponce Deputy Supervisor of Elections Miami-Dade Elections Department 2700 NW 87 Avenue Miami,Florida 33172 Office:305-499-8320 E-mall:jose.ponce@miamidade.gov ESTIMATE City of Miami Beach-Piggyback Election -August 23.2022 w/additional page Rafael E.Granada,City Clerk Estimate N°: • MBEACH(2)-PB.082322 City of Miami Beach Estimate Date: December 16,2021 1700 Convention Center Dr.,#200 Miami Beach,FL 33139 Registered Voters: 50,498 Early Voting Days: 0 Precincts: - Early Voting Sites: 0 Polling Places: - Permanent Absentee Ballots: 15,218 Personnel $ - Salaries&Fringe Benefits,Overtime,Poll Workers Polling Places - Security,Polling Place Rentals Supplies and Services - Election Supplies,Communication Charges,Absentee Ballots Set Up Trucks and Vehicles - • Truck Rentals,GSA Vehicles Printing and Advertising 50,498.00 Absentee,Early Voting&Precinct Ballots,Temporary Polling Place Change Notices,Newspaper Ads Postage - Absentee Ballots Sent and Business Reply,Temporary Polling Place Change Notices,Letters Ballot Creation 820.00 In-House 8 Outside Contractual Services,Translations-Based on one question Administrative Overhead 5,131.80 Indirect Costs,Logic B Accuracy,Post-Election Audits *TOTAL $ 56 449.80 Please note these costs are estimates and are subject to change. This estimate does include the cost of ballot printing; however, if your question(s)frace(s) creates an additional ballot page, the cost will be adjusted accordingly. For mare Information,you may contact: Jose J.Ponce Deputy Supervisor of Elections Miami-Dade Elections Department 2700 NW 87 Avenue Miami,Florida•33172 Office:305-499-8320 E-mail:jose.ponce@miamidade.gov RESOLUTION NO. 2022-32270 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE CERTIFICATE OF THE RESULTS OF THE AUGUST 23, 2022 SPECIAL ELECTION FOR THE CITY OF MIAMI BEACH, AND DECLARING THE RESULTS THEREOF. WHEREAS, pursuant to Florida law and the City Code, a Canvassing Board was appointed and authorized to canvass the City of Miami Beach's August 23, 2022 Special Election (the "Special Election"), which was duly conducted by the Elections Department of Miami-Dade County, Florida; and WHEREAS, the Canvassing Board was present at the Elections Department's tabulation of the returns of the Special Election; and WHEREAS,the Canvassing Board has certified the results of the Special Election; and WHEREAS, the Certificate of Election Results of the Special Election has been received and is attached hereto and incorporated herein as Composite Exhibit"A;"and WHEREAS, said Certificate reflects that: Question "A,"as set forth below, was approved by the electorate of the City of Miami Beach.' Question "B," as set forth below, was approved by the electorate of the City of Miami Beach. Question "C," as set forth below, was approved by the electorate of the City of Miami Beach. Question "D," as set forth below, was approved by the electorate of the City of Miami Beach. Question "E," as set forth below,was approved by the electorate of the City of Miami Beach. Question "F," as set forth below, was approved by the electorate of the City of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Miami-Dade Canvassing Board acting as the Miami Beach Canvassing Board having canvassed the returns of the August 23, 2022 Special Election of the City of Miami Beach, the Mayor and City Commission hereby(i) adopt the Certificate of Election Results for said Special Election, and (ii)order that the Certificate of Election Results and this Resolution be recorded in the minutes of the September 14, 2022 City Commission meeting as a permanent record of the results of said Special Election; be it further resolved that by the adoption of this Resolution,the Canvassing Board has discharged its duties for said Special Election; and be it further and finally resolved that, as a result of the City of Miami Beach's August 23, 2022 Special Election, the votes upon the questions presented reflect the results as set forth in the Certificate of Election Results.The text of the ballot questions submitted to the voters in this Special Election is as follows: ' The 6 ballot questions have been lettered "A," "B," "C," D, "E" and "F"for ease of reference herein only and were not so lettered on the ballot. { Miami Beach Referendum A Naming Park Between Alton Road/West Avenue, From 6th to 8th Street as "Canopy Park" In April 2022, the City took ownership of a 3.0-acre public park generally located between Alton Road and West Avenue,from 6th Street to 8th Street,constructed by TCH 500 Alton, LLC as part of a development agreement, at no cost to the City. The new park includes a botanical garden, dog park, a play and fitness area, and other elements around a central lawn. Shall the new public park be named "Canopy Park"? Yes 7,989 No 1,722 Miami Beach Referendum B RSA Article I: Board of Adjustment -Changing "Architecture" Membership Category from Permissible to Required Membership City's Related Special Acts Article I,establishes a Board of Adjustment("BOA")appointed by City Commission,composed of two citizens at-large and five persons each representing one of these professions: Law, architecture, engineering, real estate development,certified public accounting, financial consultation, general business. Article I thus permits, but does not require, appointment of architect to BOA. Shall Article I be amended for limited purpose of requiring appointment of one member from the architecture profession? Yes 7,552 No 2,024 Miami Beach Referendum C Charter Section 6.03: Creating Additional Qualification Requirement for City Commission Candidates: Proof of Residency Documents Shall Charter Section 6.03 regarding "qualifying"for City elected office, be amended to create an additional qualifying requirement that candidates submit one (1) or more proof of residency documents upon which candidates rely to evidence their compliance with the Charter's existing requirement that candidates reside in the City for at least one year prior to qualifying for office? Yes 9,040 No 545 Miami Beach Referendum D RPS1 District I RPS2 District FAR Incentive to Convert Remaining Apartment Hotel Uses to Residential Use City Charter requires voter approval before increasing a property's floor area ratio ("FAR") (City's method of regulating building size). In certain residential zoning districts south of 5th Street, apartment-hotels are now prohibited, but previously approved properties may continue such uses. Shall City increase FAR from 1.25 to 1.50 in RPS1 District, and from 1.50 to 1.75 in RPS2 District, to provide bonus FAR incentive only for properties converting apartment hotel uses to residential use? Yes 6,812 No 2,747 Miami Beach Referendum E Alton Road Gateway Area Increase Maximum Floor Area Ratio(FAR) from 2.0 to 2.6 City Charter requires voter approval before increasing a property's floor area ratio ("FAR")(City's method of regulating building size). The Alton Road Gateway Area, located between 5th and 8th Streets, from Alton Road to West Avenue, has maximum FAR of 2.0. Shall City increase maximum FAR in above area from 2.0 to 2.6,only if existing community health center at 710 Alton Road is relocated to another site, with new health facilities and public library? Yes 5,985 No 3,665 Miami Beach Referendum F Charter Section 1.03(c): Voter Approval to Aggregate Floor Area When Vacating Streets/Conveying Public Property Charter Section 1.03(c) requires voter approval before increasing a property's "floor area ratio" (how City regulates building size). The Charter has been interpreted to not require voter approval to aggregate (combine)the floor area of unified abutting parcels (adjacent properties touching/not separated by a lot under different ownership)arising from vacating a street or other sale/conveyance of public property. Shall the Charter be amended to require voter approval of such floor area aggregations? Yes 7,394 No 2,135 BE IT FURTHER RESOLVED AND DETERMINED that Question "A" was approved, Question "B" was approved, Question"C"was approved, Question "D" was approved, Question "E" was approved, and Question "F"was approved. PASSED and ADOPTED this 14th day of September 22. ATTEST: Dan Gelber, Mayor r APPROVED AS TO q{�`�/ u' FORM&LANGUAGE Rafael E. Granado, City Clerk F?c &FOR EXECUTION =•w 'If s; City Attorney C:\Users\attogonaWppData\Local\Microsoft\Windows\INetCache\Content.Outlook\4TZ2OJ6K\Adopt Special Election Results August 23 2022.docx EXHIBIT A Elections 2700 NW 87th Avenue MIAMI•DADE Miami,Florida 33172 COUNTY T 305-499-8683 F 305-499-8547 TTY:305-499-8480 miamidade.gov CERTIFICATION STATE OF FLORIDA) COUNTY OF MIAMI-DADE) I, Christina White, Supervisor of Elections for Miami-Dade County, Florida, do hereby certify that the attached is a true and correct copy of the Official Results for the Miami-Dade County Primary Election conducted on August 23, 2022, which included the Miami Beach Special Election: • Naming Park Between Alton Road/West Avenue, From 6th to 8th Street as "Canopy Park" • RSA Article I: Board of Adjustment-Changing "Architecture" Membership Category from Permissible to Required Membership • Charter Section 6.03: Creating Additional Qualification Requirement for City Commission Candidates: Proof of Residency Documents • RPS1 District/RPS2 District FAR Incentive to Convert Remaining Apartment Hotel Uses to Residential Use • Alton Road Gateway Area Increase Maximum Floor Area Ratio(FAR)from 2.0 to 2.6 • Charter Section 1.03(c):Voter Approval to Aggregate Floor Area When Vacating Streets/Conveying Public Property • WITNESS MY HAND AND . • OFFICIAL SEAL, AT MIAMI, MIAMI-DADE COUNTY, FLORIDA, C ris Ina White ' Supervisor of Elections ON THIS 29TH DAY OF AUGUST, 2022 Miami-Dade County Enclosure *** Official*** CERTIFICATE OF COUNTY CANVASSING BOARD MIAMI-DADE COUNTY We, the undersigned, VICTORIA FERRER, County Judge, Chairperson, MIESHA DARROUGH, County Judge, Substitute Member, CHRISTINA WHITE, Supervisor of Elections,Member, constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the Twenty-Ninth day of August, 2022 A.D., and proceeded publicly to canvass the votes given for the several offices and persons herein specified at the Nonpartisan Election held on the Twenty-Third day of August, 2022 A.D.,as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows: For Circuit Judge,11th Judicial Circuit,Group 3,the whole number of votes cast was 266,233 of which Teressa Maria Cervera received 114,998 votes Lody Jean received 151,235 votes For Circuit Judge, 11th Judicial Circuit, Group 20, the whole number of votes cast was 261,619 of which Brenda Guerrero received 123,574 votes Robert Watson received 138,045 votes For Circuit Judge, 11th Judicial Circuit, Group 34, the whole number of votes cast was 262,875 of which Mark Blumstein received 127,575 votes Ariel Rodriguez received 135,300 votes For Circuit Judge, 11th Judicial Circuit, Group 52, the whole number of votes cast was 262,589 of which Jason Edward Bloch received 130,369 votes Oscar Rodriguez-Fonts received 132,220 votes For County Court Judge, Group 5, the whole number of votes cast was 266,256 of which Renier Diaz de la Portilla received 115,826 votes Fred Seraphin received 150,430 votes For County Court Judge,Group 19,the whole number of votes cast was 259,506 of which Lissette De La Rosa received 132,064 votes Jeffrey Kolokoff received 127,442 votes 08/29/2022 11:02:35 AM 1 *** Official*** CERTIFICATE OF COUNTY CANVASSING BOARD MIAMI-DADE COUNTY For County Court Judge, Group 42, the whole number of votes cast was 259,785 of which Alicia Garcia Priovolos received 155,740 votes Scott Janowitz received 104,045 votes For School Board, District 2, the whole number of votes cast was 25,410 of which Dorothy Bendross-Mindingall received 19,107 votes La-Shanda West received 6,303 votes For School Board, District 4, the whole number of votes cast was 26,146 of which Roberto J.Alonso received 14,973 votes Maribel Balbin received 6,549 votes Kevin Menendez Macki received 4,624 votes For School Board, District 6, the whole number of votes cast was 37,010 of which Sandra Manzieri received 13,359 votes Maria Teresa"Mari Tere"Rojas received 23,651 votes For School Board, District 8, the whole number of votes cast was 35,971 of which Monica Colucci received 19,322 votes • Marta Perez received 16,649 votes For County Commissioner,District 2,the whole number of votes cast was 19,867 of which Wallace Aristide received 3,650 votes Monique Barley-Mayo received 811 votes Marleine Bastien received 4,699 votes Philippe Bien-Aime received 5,259 votes Joe Celestin received 1,301 votes William DC Clark received 4,147 votes For County Commissioner,District 6,the whole number of votes cast was 24,390 of which Kevin Marino Cabrera received 10,553 votes Dariel Fernandez received 3,152 votes Jorge Fors received 6,400 votes Victor Vazquez received 4,285 votes 08/29/2022 11:02:35 AM 2 ***Official*** CERTIFICATE OF COUNTY CANVASSING BOARD MIAMI-DADE COUNTY For County Commissioner,District 8,the whole number of votes cast was 19,361 of which Alicia Arellano received 3,941 votes Karen Baez-Wallis received 4,425 votes Danielle Cohen Higgins received 10,995 votes For County Commissioner, District 10, the whole number of votes cast was 27,970 of which Martha Bueno received 6,088 votes Susan Khoury received 4,559 votes Anthony Rodriguez received 15,583 votes Julio C.Sanchez received 1,740 votes For County Commissioner, District 12, the whole number of votes cast was 16,640 of which Juan Carlos"JC"Bermudez received 11,001 votes Sophia Lacayo received 5,639 votes For Key Biscayne Mayor, the whole number of votes cast was 3,073 of which Fausto B.Gomez received 892 votes Katie Petros received 793 votes Jose I. "Joe"Rasco received 1,388 votes For MiaGardens Res Area Council Member Seat 2, the whole number of votes cast was 4,035 of which Raymond Carvil received 535 votes Lisa C.Davis received 1,349 votes Reginald Leon received 2,151 votes For MiaGardens Res Area Council Member Seat 4, the whole number of votes cast was 3,609 of which Mykita Cherry-Prime received 490 votes Wiren"Chuck"Norris received 907 votes Katrina Wilson received 2,212 votes For MiaGardens At-Large Council Member Seat 6, the whole number of votes cast was 15,029 of which Robert Stephens received 7,975 votes Andre Williams received 7,054 votes 08%29/2022 11:02:35 AM 3 • ***Official*** CERTIFICATE OF COUNTY CANVASSING BOARD MIAMI-DADE COUNTY For Community Council 15 Subarea 153, the whole number of votes cast was 5,543 of which Warnell"Pam"Green received 2,624 votes Marjorie Murillo received 2,919 votes For Golden Bch Wellness Ctr/Cap Improv, the whole number of votes cast was 228 of which For Bonds received 174 votes Against Bonds received 54 votes For Miami Amend Riverside Wharf lease,the whole number of votes cast was 34,782 of which Yes received 20,910 votes No received 13,872 votes For Mia Bch Naming Canopy Park,the whole number of votes cast was 9,711 of which Yes received 7,989 votes No received 1,722 votes For Mia Bch Architecture Membership Required,the whole number of votes cast was 9,576 of which Yes received 7,552 votes No received 2,024 votes For Mia Bch Proof Residency for Comm Candidates, the whole number of votes cast was 9,585 of which Yes received 9,040 votes No received 545 votes For Mia Bch Incentive FAR Hotel/Residential, the whole number of votes cast was 9,559 of which Yes received 6,812 votes No received 2,747 votes For Mia Bch Alton Road Gateway Increase Max FAR, the whole number of votes cast was 9,650 of which Yes received 5,985 votes No received 3,665 votes 082912022 I I.02:35 AM 4 ***Official*** CERTIFICATE OF COUNTY CANVASSING BOARD MIAMI-DADE COUNTY For Mia Bch Agg Floor Area Vacating Streets, the whole number of votes cast was 9,529 of which Yes received 7,394 votes No received 2,135 votes For Mia Gardens Amending Res Area by Ordinance, the whole number of votes cast was 14,264 of which Yes received 10,603 votes No received 3,661 votes We Certify that pursuant to Section 102.112, Florida Statutes, the canvassing board has compared the number of persons who voted with the number of ballots counted and that the certification includes all valid votes cast in the election. COUNTY JUDGE,CHAIR S;SON v,C.IUf, c, k_Q, L.:. COUNTY JU E,SUB ZJTUTE MEMBER SK(7-6t "S,UPERVISOR OF ELECTIONS,MEMBER 08r29r2022 11:02:35 AM 5 I SUMMARY REPT-GROUP DETAIL Official Primary Election Official Results August 23. 2022 Miami-Dade County. FL Run 0ate:08/29/22 09:58 AM NONPARTISAN Report EL45A Page 011 TOTAL VOTES ED VBM EV Mia Bch Naming Canopy Park (VOTE FOR) 1 Yes 7,989 82.27 2.117 4.467 1.405 No 1.722 17.73 494 883 345 Total 9,711 2,611 5.350 1,750 Over Votes 5 0 5 0 Under Votes 669 211 335 123 Mia Bch Architecture Membership Required (VOTE FOR) 1 Yes 7.552 78.86 1.973 4.263 1.316 No 2,024 21.14 608 995 421 Total 9,576 2,581 5.258 1.737 Over Votes 6 1 4 1 Under Votes 803 240 428 135 Mia Bch Proof Residency for Comm Candidates (VOTE FOR) 1 Yes 9.040 94.31 2.398 5.014 1.628 No 545 5.69 192 227 126 Total 9.585 2,590 5.241 1.754 Over Votes 3 0 3 0 Under Votes 797 232 446 119 Mia Bch Incentive FAR Hotel/Residential (VOTE FOR) 1 Yes 6.812 71.26 1,760 3.809 1.243 No 2.747 28.74 825 1,400 522 Total 9,559 2,585 5.209 1.765 Over Votes 14 0 14 0 Under Votes 812 237 467 108 Mia Bch Alton Road Gateway Increase Max FAR (VOTE FOR) 1 Yes 5,985 62.02 1.589 3.331 1,065 No 3.665 37.98 1.021 1.938 706 Total 9.650 2.610 5,269 1,771 Over Votes 19 2 11 3 Under Votes 716 210 407 99 Mia Bch Agg Floor Area Vacating Streets (VOTE FOR) 1 Yes 7.394 77.59 2.039 4.037 1.318 No 2,135 22.41 541 1,172 422 Total 9,529 2.580 5.209 1.740 Over Votes 15 0 15 0 Under Votes 841 242 466 133 esolutions-C7 A MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael E. Granado, City Clerk DATE; September 14,2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE CERTIFICATE OF THE RESULTS OF THE AUGUST 23, 2022 SPECIAL ELECTION FOR THE CITY OF MIAMI BEACH,AND DECLARING THE RESULTS THEREOF. ANALYSIS the attached Resolution formally adopts the Certificate of results of the City of Miami Beach August 23, 2022 Special Election (Special Election), and declares the election results for the six ballot questions that were the subject of the Special Election. Passage of this Resolution accepts the election results and effectively concludes the City Commission's action relative to the Special Election. Attached as Exhibit "A" is the Certification of Official Results for the August 23, 2022 City of Miami Beach Special Election.The Miami Beach results are on.pages 4 and 5 of the Certificate of County Canvassing Board Miami-Dade County. 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