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Resolution 2022-32167 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 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 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 3 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 its passage.� PASSED and ADOPTED this y day of `�r , 2022. ATTEST: DAN GELBER �� '''' ' MAYOR �IR�(:ORP�ORATED RAFAEL E. GRANADO �,= CITY CLERK `L-'y 26 MAY 0. 9 2022 (Requested by Commissioner Kristen Rosen Gonzalez) APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION s-3 - z-z Cnyattome r if7A.z D /2.P 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/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 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. ... • 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 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? 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 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. Am o u nt(s)/Acco u n t(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 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&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 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-mail:jose.ponce@miamidade.gov ESTIMATE City of Miami Beach -Piggyback Election -August 23, 2022 w/additional page Rafael E.Granado,City Clerk Estimate N°: MBEACH(2)-PB-082322 City of Miami Beach Estimate Date: December 16,2021 1.700 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 8,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&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 page, the cost will be adjusfed 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 R 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 CITY CHARTER SECTION 1.03(C) SHOULD BE AMENDED TO REQUIRE VOTER APPROVAL TO AGGREGATE/INCREASE THE MAXIMUM 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 CITY PROPERTY. 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 1244 of 1451 ' Agenda Item R1 Date 91-22.. MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miomibeochfl,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 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? 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 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 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 8,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 8,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 8,Accuracy,Post-Election Audits *TOTAL $_ 28,499..0 *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 ESTIMATE City of Miami Beach -Piggyback Election -August 23, 2022 w/additional page Rafael E.Granado,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 8 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 8 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 8 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)/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 RESOLUTION NO. 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.' 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 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 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/Convening 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 3 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 • 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 its passage. PASSED and ADOPTED this day of , 2022. ATTEST: DAN GELBER MAYOR RAFAEL E. GRANADO CITY CLERK (Requested by Commissioner Kristen Rosen Gonzalez) APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION 3 - 2 z City Attorney AZ Date 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? Ye's. 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. ...