2004-25469 ResoRESOLUTION NO. 200~-25469
A RESOLUTION OF THE MAYOR AND MEMBERS OF THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
APPROPRIATING AN EXPENDITURE OF UP TO $ 50,000 FOR THE PUBLIC
PURPOSE OF INFORMING, ADVOCATING AND EDUCATING THE VOTERS OF
THE CITY OF MIAMI BEACH ABOUT THE SEVEN CITY BALLOT QUESTIONS
ON THE MARCH 9TH, 2004 PRESIDENTIAL PREFERENCE PRIMARY
ELECTION BALLOT IN ORDER TO ACHIEVE A MORE INFORMED
ELECTORATE VOTE.
WHEREAS, the voters of the City of Miami Beach will be presented with seven City ballot questions
on Miami-Dade County's March 9~, 2004 Presidential Preference Primary Election ballot; and
WHEREAS, the subject matters of the City ballot questions relate to the City Charter and Related
Special Acts of the City on issues concerning land use restrictions, Citizen's Bill of Rights, Powers of City
Manager, City's Budget, City's Public Library and Municipal Projects, as well as the Sale of City-owned
waterfront property--all of which issues affect and involve the interests of the City of Miami Beach and its
citizens; and
WHEREAS, the Miami Beach City Commission believes that advocating its support of passage of
these ballot questions will serve the public interest of educating the voters, thus serving a public purpose; and
WHEREAS, in an effort to explain, advocate and educate the voters on each of these questions
through video presentation on the City's cable channel, a voter's guide, and other means, the Administration is
requesting approval to spend up to $ 50,000 for expenses that will include video production, printing, graphics,
translation services, layout, mailing, advertising and other miscellaneous costs; and
WHEREAS, this expenditure will further serve the public purpose given the City's reasonable
expectation that these efforts at explaining, advocating and educating the voters will result in a more informed
electorate vote, benefiting the public good.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
herein state thc public purpose of explaining, advocating and educating the City's voters on the seven City
ballots questions which will appear on Miami-Dade County's March 9~, 2004 Presidential Preference Primary
Election ballot, and thus approve and appropriate an expenditure of up to $ 50,000 in furtherance of thc
aforementioned public policy intended to benefit the
PASSED and ADOPTED this
ATTEST:
CITY CLERK
JKO\ed
F:~atto\OLIJ\ELECTION~RESOWoters Education Ballot Questions - Revised 2-3-04.doc
public g/~
4th day of~
MAYOR
APPIqOV 1'0
FORM & LANGUAGE
City of Miami Beach Ballot Questions for the
March 9, 2004 Election
Ballot Question No. 1
AMENDING CITIZEN'S BILL OF RIGHTS TO PROTECT NATURAL RESOURCES
AND SCENIC BEAUTY
SHALL THE MIAMI BEACH CITY CHARTER BE AMENDED TO INCLUDE WITHIN
THE CITIZEN'S BILL OF RIGHTS A POLICY STATEMENT OF THE CITY TO
CONSERVE AND PROTECT ITS NATURAL RESOURCES AND SCENIC BEAUTY,
INCLUDING THE ABATEMENT OF AIR AND WATER POLLUTION AND OF
EXCESSIVE AND UNNECESSARY NOISE?
Ballot Question No. 2
AMENDING CHARTER SECTION 1.03(b) RE: LEASE/DISPOSAL OF CITY-OWNED
PROPERTY BY EXPANDING ITS APPLICABILITY
SHALL CHARTER SECTION 1.03(b) REQUIRING VOTER APPROVAL BEFORE
LEASE/DISPOSAL OF CITY-OWNED PARK, RECREATION, WATERFRONT
PROPERTY APPLY TO ADDITIONAL CITY PROPERTIES (WEST OF NORTH
SHORE OPEN SPACE; CULTURAL CAMPUS; AND PARKING LOTS NEAR 72ND
STREET, CONVENTION CENTER, LINCOLN ROAD); REQUIRE PLANNING
BOARD'S 4/7 AND CITY COMMISSION'S 5/7 VOTES BEFORE LEASE/DISPOSAL
OF OTHER CITY-OWNED PROPERTIES; INCREASE EXEMPT LEASE PERIOD
FROM FIVE TO TEN YEARS; EXEMPT INTERESTS/SETTLEMENT OF CLAIMS
EXISTING AS OF JANUARY 14TM, 2004?
Ballot Question No. 3
AMENDING CHARTER SECTION 1.03(c) RE: VOTER APPROVAL PRIOR TO
FLOOR AREA INCREASE
SHALL CHARTER SECTION 1.03(c) REQUIRING VOTER APPROVAL BEFORE
FLOOR AREA RATIO MAY BE INCREASED ON PROPERTIES ADJACENT TO THE
ATLANTIC OCEAN, GOVERNMENT CUT, INDIAN CREEK, OR BISCAYNE BAY, BE
EXPANDED TO APPLY TO ALL PROPERTY WITHIN CITY LIMITS; EXEMPTING
THE DIVISION OF LOTS OR THE AGGREGATION OF DEVELOPMENT RIGHTS ON
UNIFIED ABUTTING PARCELS (OTHERWISE PERMITTED BY ORDINANCE), AND
SETTLEMENT OF CLAIMS THE CITY HAS NOTICE OF AS OF DECEMBER 10,
2003?
Ballot Question No. 4
AMENDING CHARTER SECTION 4.02(i) DELETING REQUIREMENT FOR CITY
ATTORNEY APPROVAL OF CITY MANAGER'S CONTRACT NEGOTIATIONS
SHALL SECTION 4.02(i) OF THE MIAMI BEACH CITY CHARTER REGARDING THE
CITY MANAGER'S POWER TO NEGOTIATE CITY CONTRACTS AND
AGREEMENTS BE AMENDED BY DELETING LANGUAGE SUBJECTING SAID
POWER TO APPROVAL OF THE CITY ATTORNEY, RETAINING LANGUAGE
REQUIRING CITY COMMISSION APPROVAL OF CITY MANAGER NEGOTIATIONS?
Ballot Question No. 5
AMENDING CHARTER ARTICLE V TO REQUIRE ECONOMIC IMPACT STATEMENT
SHALL THE MIAMI BEACH CITY CHARTER, ARTICLE V THEREOF REGARDING
"BUDGET AND FINANCE", BE AMENDED TO REQUIRE THAT THE CITY
COMMISSION CONSIDER THE LONG TERM ECONOMIC IMPACT (AT LEAST FIVE
YEARS) OF LEGISLATIVE ACTS?
Ballot Question No. 6
AMENDING RELATED SPECIAL ACTS BY DELETING ARTICLE II "PUBLIC
LIBRARY" AND ARTICLE III "MUNICIPAL PROJECTS"
SHALL MIAMI BEACH RELATED SPECIAL ACTS, ARTICLE II THEREOF ENTITLED
"PUBLIC LIBRARY" AND ARTICLE III THEREOF ENTITLED "MUNICIPAL
PROJECTS", BE DELETED AS SAID LANGUAGE IS OBSOLETE AND/OR
REDUNDANT?
Ballot Question No. 7
SALE OF 2620 BIARRITZ DRIVE
SHALL THE CITY OF MIAMI BEACH SELL WATERFRONT PROPERTY LOCATED
AT 2620 BIARRITZ DRIVE IN MIAMI BEACH, FLORIDA (SURVEY AND LEGAL
DESCRIPTION OF PROPERTY ON FILE IN CITY'S PUBLIC WORKS
DEPARTMENT), WITH THE SALE PROCEEDS TO BE UTILIZED FOR THE CITY'S
RENOVATION OF THE NORMANDY SHORES GOLF COURSE?
CITY OF MIAMI BEACH
COMMISSION iTEM SUMMARY
Condensed Title:
Iinforming and educating the voters of the City of Miami Beach about the seven City ballot questions on the ]
A resolution approving and appropriating an expenditure of up to $50,000 for the public purpose of
March 9, 2004 Presidential Preference Primary election ballot in order to achieve a more informed
electorate vote.
Issue:
IShall the City Commission approve and appropriate funds in order to educate voters of the City of Miami
Beach?
Item Summary/Recommendation:
On the March 9, 2004 Miami-Dade County's Presidential Preference Primary Election ballot the voters of
the City of Miami Beach will be presented with seven City ballot questions. In an effort to explain and
educate the voters on each of these questions through a voter's guide and other means, the Administration
is requesting approval to spend up to $50,000. This expenditure will include video production, printing,
graphics, translation services, layout, mailing, advertising and other miscellaneous costs.
The Administration recommends approval of the resolution.
Advisory Board Recommendation:
Financial Information:
Source of !! ~ ~ ~ :~ ~
Funds: 4" $50,000 General Fund Operating
Contingency for FY 2003-2004.
Finance Dept. $50,000
City Clerk's Office Legislative Tracking:
Ramiro Inguanzo, City Manager's Office
n-Offs:
T:~AG ENDA~2004\Feb0404~Consent\ballot education-summary.doc
AGENDA ITEM
DATE
COMMISSION MEMORANDUM
To:
From:
Subject:
Mayor David Dermer and Date: February 4, 2004
Members of the City Commission
Uorge U. Gonzalez ~ ~'~
City Manager ~
A RESOLUTION OF THE MAYOR AND MEMBERS OF THE CITY COMMISSION
APPROVING AND APPROPRIATING AN EXPENDITURE OF UP TO $50,000 FOR
THE PUBLIC PURPOSE OF INFORMING AND EDUCATING THE VOTERS OF
THE CITY OF MIAMI BEACH ABOUT THE SEVEN CITY BALLOT QUESTIONS
ON THE MARCH 9, 2004 PRESIDENTIAL PREFERENCE PRIMARY ELECTION
BALLOT IN ORDER TO ACHIEVE A MORE INFORMED ELECTORATE VOTE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On the March 9, 2004 Miami-Dade County's Presidential Preference Primary Election ballot the
voters of the City of Miami Beach will be presented with seven City ballot questions. The following is
a list of questions on this ballot:
Ballot Question No. 1
Amending Citizen's Bill of Rights to protect natural resources and scenic beauty
Shall the Miami Beach City Charter be amended to include within the Citizen's Bill of Rights a
policy statement of the City to conserve and protect its natural resources and scenic beauty,
including the abatement of air and water pollution and of excessive and unnecessary noise?
Ballot Question No. 2
Amending Charter Section 1.03(b) re: lease/disposal of City-owned property by expanding its
applicability
Shall Charter Section 1.03(b) requiting voter approval before lease/disposal of City-owned park,
recreation, waterfront property apply to additional City properties (west of North Shore Open
Space; Cultural Campus; and parking lots near 72nd Street, Convention Center, Lincoln Road);
require Planning Board's 4/7 and City Commission's 5/7 votes before lease/disposal of other
City-owned properties; increase exempt lease period from five to ten years; exempt
interests/settlement of claims existing as of January 14th, 2004?
Ballot Question No. 3
Amending Charter Section 1.03(c) re: voter approval prior to floor area increase
Shall Charter Section 1.03(c) requiring voter approval before floor area ratio may be increased
on properties adjacent to the Atlantic Ocean, Government Cut, Indian Creek, or Biscayne Bay,
be expanded to apply to all property within City limits; exempting the division of lots or the
aggregation of development rights on unified abutting parcels (otherwise permitted by
ordinance), and settlement of claims the City has notice of as of December 10, 2003?
Ballot Question No. 4
Amending Charter Section 4.02(i) deleting requirement for City Attomey approval of City
Manager's contract negotiations
Shall Section 4.02(i) of the Miami Beach City Charter regarding the City Manager's power to
negotiate City contracts and agreements be amended by deleting language subjecting said
power to approval of the City Attorney, retaining language requiring City Commission approval of
City Manager negotiations?
Ballot Question No. 5
Amending Charter Article V to require economic impact statement
Shall the Miami Beach City Charter, Article V thereof regarding "budget and finance", be
amended to require that the City Commission consider the long term economic impact (at least
five years) of legislative acts?
Ballot Question No. 6
Amending related special acts by deleting Article II "public library" and Article III "municipal
projects"
Shall Miami Beach related special acts, Article II thereof entitled "public library' and Article III
thereof entitled "municipal projects", be deleted as said language is obsolete and/or redundant?
Ballot Question No. 7
Sale of 2620 Biardtz Drive
Shall the City of Miami Beach sell waterfront property located at 2620 Biarritz Ddve in Miami
Beach, Florida (survey and legal description of property on file in City's Public Works
Department), with the sale proceeds to be utilized for the City's renovation of the Normandy
Shores Golf Course?
In an effort to explain and educate the voters on each of these questions through a voter's guide
and other means, the Administration is requesting approval to spend up to $50,000. This
expenditure will include video production, printing, graphics, translation services, layout, mailing,
advertising and other miscellaneous costs.
In addition, this expenditure will serve a public purpose given the City's reasonable expectation that
these educational efforts will result in a more informed electorate vote, benefiting the public good.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve and appropriate an
expenditure of up to $50,000 to inform and educate the voters of the City of Miami Beach of the
ballot questions on the March 9, 2004 election.
JMG/RI/Ic
T:~AGENDA~004\Feb0404\Consent\ballot education.doc
Supplemental Materials - February 4, 2004 Agenda item C7A
Excerpt of Minutes of the February 2, 2004 Charter Review and Revision Board
Meeting.
MOTION:
Chairman Zack stated to report to the City Commission that the Charter Review
and Revision Board requests the City Commission to publicly advocate for the six
(6) questions recommended by the Charter Review and Revision Board and
approved by the City Commission.
It should be noted that the seventh ballot question (sell Waterfront Property
Located At 2620 Biarritz Drive) was not a Charter Review and Revision Board
recommendation.
Motion made by Member Diaz to place Chairman Zack's comment in the form of
a motion; seconded by Vice-Chairman Beloff; voice vote: 4-0; absent: Members
Arriola, Herrup, and Laeser.
DISCUSSION:
The Charter Review and Revision Board (The BOARD), discussed the Voter's
Guide which is being prepared and is an item being recommended by the
Administration for City Commission approval on the February 4th Commission
Agenda.
Jorge Gonzalez, City Manager, asked if the City Commission, by resolution, can
approve not only providing factual information in the Voter's Guide, but can the
City Commission also approve advocating a position on each issues?
Jean Olin, Deputy City Attorney, stated, "Yes."
Member Diaz asked if the City Commission is aware that they can take a position
on any of the issues.
Jean Olin, Deputy City Attorney, stated that the City can take a position if the City
Commission feels there is a public need and expressed the public need in a
resolution. On the February 4 City Commission Agenda there is a resolution
expressing the public need to educate the voters, not advocate, and authorize an
expenditure of funds.
Jorge Gonzalez, City Manager, stated that when this item is heard he was going
to advise the City Commission that they can, if they wish, advocate a position on
each of the ballot questions if they approve by resolution.
F:\CLER\CLER\Char~er Review\Excerpts of Minutes of the February 2.doc
Chairman Zack and Member Diaz asked if The BOARD, as individuals, can
advocate or express their opinion on the March 9, 2004 ballot questions.
Jean Olin, Deputy City Attorney, stated that before she answers the question she
wants to review the case law as it relates to board members.
Member Diaz stated that The BOARD had negative reactions to the draft Voter's
Guide such as the size of the font, the quality of the paper, the lack of graphics,
and the graphic design as it relates to presentation.
Chairman Zack stated that he would rather have a newspaper size publication
which has large print. He would also like it to say that The BOARD has
recommended, and the City of Miami Beach Commission has approved, the
ballot questions for the benefit of the citizens of the City of Miami Beach and urge
you to vote in their favor.
Member Diaz stated that what is important is that the City Commission needs to
know that they have the right to take a position.
MOTION:
Chairman Zack stated to report to the City Commission that the Charter Review
and Revision Board requests the City Commission to publicly advocate for the six
(6) questions recommended by the Charter Review and Revision Board and
approved by the City Commission.
It should be noted that the seventh ballot question (sell Waterfront Property
Located At 2620 Biarritz Drive) was not a Charter Review and Revision Board
recommendation.
Motion made by Member Diaz to place Chairman Zack's comment in the form of
a motion; seconded by Vice-Chairman Beloff; voice vote: 4-0; absent: Members
^rriola, Herrup, and Laeser.
F:\CLER\CLER\Charter Review\Excerpts of Minutes of the February 2.doc