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Ordinance 2023-4548 ORDINANCE NO. 2023-4548 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS," BY AMENDING SECTION 82-503 THEREOF, ENTITLED "NAMING OF PUBLIC FACILITIES; CO-NAMING AND RE-NAMING OF STREETS," BY AMENDING SUBSECTIONS (C)(1)(A) AND (C)(2)(A) TO PROVIDE ADDITIONAL CRITERIA AND PROCEDURES FOR THE CO- NAMING OF STREETS IN HONOR OF A DECEASED PERSON WHO SERVED AS THE SPIRITUAL LEADER OF A PROMINENT RELIGIOUS INSTITUTION IN THE CITY OF MIAMI BEACH WHO ALSO MADE SIGNIFICANT CIVIC CONTRIBUTIONS TO THE CITY; PROVIDING SUNSET PROVISIONS THEREOF; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, under existing criteria in Section 82-503 of the City Code, City streets may only be co-named of (1) Miami Beach police officers who died or were killed in the line of duty; (2) a public facility located on the street to be co-named; (3) private not-for- profit organizations with significant historic value to the city and associated with structures which have a significant historical value or architectural significance to the city; (4) geographic areas within the city; or (5) a commercial establishment that has been in business in the City of Miami Beach for 100 or more years and which is located on the street to be co-named; and WHEREAS, Section 82-503 was previously amended to temporarily authorize the co-naming of City streets after a deceased person who served as the spiritual leader of a prominent religious institution in the City of Miami Beach for 35 or more years and resided in the City of Miami Beach, but due to a sunset provision in the ordinance, this provision expired in 2019; and WHEREAS, at the November 16, 2022 City Commission meeting, at the request of Mayor Dan Gelber, an agenda discussion item was referred to the Public Safety and Neighborhood Quality of Life Committee ("PSNQLC") for it to consider the co-naming of the Bonita Drive Corridor from 71st Street to Indian Creek Drive in honor of the late Rabbi Pinchas Weberman, along with any amendment to Section 82-503 of the City Code that may be required to accomplish the co-naming; and WHEREAS, at its January 11, 2023 meeting, the PSNQLC reviewed the proposal and favorably recommend the amendment to Section 82-503 of the City Code; and WHEREAS, Rabbi Pinchas Weberman moved to Miami Beach in 1960 with his family, and his synagogue was built in 1964, and is active to this day at the exact location of 7055 Bonita Drive; and • WHEREAS, Rabbi Weberman's founding of Ohev Shalom Congregation was the beginning of his leadership and devotion of the residents and tourists of Miami Beach; and WHEREAS, the proposed co-naming of the Bonita Drive Corridor from 71st Street to Indian Creek Drive in honor of the late Rabbi Pinchas Weberman would be a fitting tribute since his synagogue is located on 7055 Bonita Drive; and WHEREAS, in order to co-name a City street in honor of a deceased person who served as the spiritual leader of a prominent religious institution in the City of Miami Beach who also made significant civic contributions to the City, the adoption of the limited, additional co-naming criteria set forth herein is required. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That section 82-503 of Article VI of Chapter 82 of the Code of the City of Miami Beach is hereby amended as follows: CHAPTER 82 PUBLIC PROPERTY Article VI. Naming of Public Facilities and Establishment of Monuments or Memorials * * * Sec. 82-503. Naming of public facilities; co-naming and renaming of streets. * * * (c) Co-naming/renaming of streets or portions thereof. (1) a. Streets, or portions thereof, located in the city may be co-named in honor of: 1. Miami Beach police officers who died or were killed in the line of duty; 2. A public facility located on the street to be co-named; 3. Private not-for-profit organizations with significant historic value to the city and associated with structures which have a significant historical value or architectural significance to the city and which are located on the street, or portion thereof, to be co-named; 4. Geographic areas within the city; 5. A commercial establishment that has been in business in the City of Miami Beach for 100 or more years and which is located on the street to be co-named; or 2 6. Deceased person who served as the spiritual leader of a prominent religious institution in the City of Miami Beach for 35 or more years and resided in the City of Miami Beach. 7. Deceased persons who are known for their role as a gay-rights pioneer and as one of the first openly LGBTQ people ever elected to public office in the U.S. 8. Deceased historical figure who was instrumental in helping Latin American countries achieve independence from the Spanish Empire. 9. A prominent Jewish figure who made significant civic contributions to Jewish history and/or Jewish-related initiatives. 10. Deceased Cuban-American artist who made vast contributions to Latin music history and culture. 11. Deceased photographer who documented the life and residents of Miami Beach. 12. Deceased spiritual leader of a prominent religious institution in the City of Miami Beach who also made significant civic contributions to the City. The provisions in this subsection 82-503(c)(1)a., shall not apply to streets named or co-named prior to June 21, 2014. The provisions in subsection 82- 503(c)(1)a.6. and (c)(2)a.7. shall automatically sunset on July 1, 2019. The provisions in subsection 82-503(c)(1)a.7. and (c)(2)a.8. shall automatically sunset on May 1, 2022. The provisions in subsection 82-503(c)(1)a.8. and (c)(2)a.9. shall automatically sunset on July 1, 2022. The provisions in subsections 82-503(c)(1)a.9 and (c)(2)a.10 shall automatically expire on September 30, 2022. The provisions in subsections 82-503(c)(1)a.10 and (c)(2)a.11 shall automatically expire on January 31, 2023. The provisions in subsections 82-503(c)(1)a.11 and (c)(2)a.12 shall automatically expire on March 1, 2023. The provisions in subsections 82-503(c)(1)a.12 and (c)(2)a.13 shall automatically expire on May, 2025. b. Notwithstanding the provisions in subsection 82-503(c)(1)a., the following streets, or portions thereof, shall not be co-named or renamed: 5th Street, 41st Street, 71st Street, Collins Avenue, Washington Avenue, Alton Road, and Ocean Drive. The provisions in this subsection 82-503(c)(1)b., shall not apply to streets, or portions thereof, that are co-named or renamed prior to December 27, 2014. (2) Whenever a request is made to co-naming shall first be considered and reviewed by the committee according to the following procedures: a. Any person, organization, association, corporation or other entity, including a member of the city, may propose that a street be co-named, by submitting the request in writing to the committee. At a minimum, such request shall include the following: 1. The street, or portion thereof, to be co-named; and 3 2. The proposed co-name of the street, or portion thereof; and 3. The reason for the request; and 4. If the proposed co-naming is requested pursuant to subsection 82- 503(c)(1)a.1., a factual summary including the date and circumstances under which the officer died or was killed in the line of duty; and 5. If the proposed co-naming is requested pursuant to subsection 82- 503(c)(1)a.3., a factual summary confirming the significant historic value of the private not-for-profit organization, and the associated structure, to the city; and 6. If the proposed co-naming is requested pursuant to subsection 82- 503(c)(1)a.5., a factual summary confirming the commercial establishment's contribution to the city; and 7. If the proposed co-naming is requested pursuant to subsection 82- 503(c)(1)a.6., a factual summary confirming the status of the person as a spiritual leader of a prominent religious institution in the City of Miami Beach for 35 or more years and that the person resided in the City of Miami Beach. 8. If the proposed co-naming is requested pursuant to subsection 82- 503(c)(1)a.7., a factual summary confirming the status of the person as a gay-rights pioneer and one of the first openly LGBTQ people ever elected to public office in the U.S. 9. If the proposed co-naming is requested pursuant to subsection 82- 503(c)(1)a.8., a factual summary confirming the status of the person as a deceased historical figure who was instrumental in helping Latin American countries achieve independence from the Spanish Empire, 10. If the proposed co-naming is requested pursuant to subsection 82- 503(c)(1)a.9., a factual summary confirming the status of the person as prominent Jewish figure who made significant civic contributions to Jewish history and/or Jewish-related initiatives. 11. If the proposed co-naming is requested pursuant to subsection 82- 503(c)(1)a.10., a factual summary confirming the status of the person as a deceased Cuban-American artist who made vast contributions to Latin music history and culture. 12. If the proposed co-naming is requested pursuant to subsection 82- 503(c)(1)a.11„ a factual summary confirming the status of the person as a deceased photographer who documented the life and residents of Miami Beach. 13. If the proposed co-naming is requested pursuant to subsection 82- 503(c)(1)a.12., a factual summary confirming the status of the person as a deceased spiritual leader of a prominent religious institution in the City of Miami Beach who also made significant civic contributions to the City. 4 b. Within a reasonable time after receipt of the request, the committee shall meet to consider and review same. Notice of the meeting shall be given to the person and/or organization that made the request. c. After reviewing the request, the committee shall transmit its recommendation to the city commission regarding the request. The committee's recommendation requires a simple majority vote. d. Within a reasonable time after receiving the recommendation from the committee, the commission shall call a public hearing regarding the co- naming. Notice of the public hearing shall be published at least ten days prior to the hearing in a newspaper of general circulation in the city. e. At the close of the public hearing, the city commission may approve the request. Any request to co-name a street or portion thereof pursuant to this subsection 82-503(c) must be approved by a 5/7ths vote of the city commission. f. Any person, not-for-profit organization, or commercial establishment to be recognized by the co-naming of a street, or portion thereof, must be in good standing in the community at the time of final approval of same by the city commission and if, after the street is co-named, the person recognized, or the principal(s) of the not-for-profit commercial establishment recognized are subsequently convicted or adjudicated guilty of a felony, the co-name shall be removed from the street sign. In addition, the city commission may approve the removal of the co-name of a street at a public hearing if said person, not-for-profit organization, or commercial establishment is no longer in good standing in the community. In either case, neither the city, nor any of its officers, employees, contractors, or agents, shall have any liability to the person, not-for-profit organization, or commercial establishment recognized by the co-naming of the street or to the principal(s) of such not-for-profit organization or commercial establishment (including, without limitation, if such person or principal(s) are deceased, his/her heirs, relatives, successors, or assigns), and/or any other party(ies) for any costs or claims resulting from such removal (and including, without limitation, reimbursement of any costs incurred for design, fabrication, installation, and/or maintenance of the street sign, if applicable). SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 5 SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami. Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Miami Beach City Code. The sections of this ordinance maybe renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE 1 This Ordinance shall take effect on the it day of MAC' , 2023. PASSED AND ADOPTED this. ag day of 4Pr'•I , 2023. ' ATTEST: . " )--a ----_. // 41/i Nta !g 2 '71191 Dan Gelber, Mayor Rafael E. Granado, City Clerk _\Pet .. o,, . " : 4e .titi 1INCOR1:** Underline denotes additions ., �?= MAY 'Q 2 2023 denotes deletions �'',�R•'' ;^�' a C i•26' (Sponsored by Mayor Dan Gelber) APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION (--/ D---- 3- (•6,- 23 City Attorney Dat9 6 Ordinances -R5 I MIAMI BEACH -COMMISSION MEMORANDUM • TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz, CityAttomey DATE: April 28, 2023 2:00 p.m. Second Reading Public Hearing SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY • OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS," BY AMENDING SECTION 82-503 THEREOF, ENTITLED "NAMING OF PUBLIC FACILITIES; CO-NAMING AND RE-NAMING OF STREETS," BY AMENDING SUBSECTIONS (C)(1)(A) AND (C)(2)(A) TO PROVIDE ADDITIONAL CRITERIA AND PROCEDURES FOR THE CO-NAMING OF STREETS IN HONOR OF A DECEASED PERSON WHO SERVED AS THE SPIRITUAL LEADER OF A PROMINENT RELIGIOUS INSTITUTION IN THE CITY OF MIAMI BEACH WHO ALSO MADE SIGNIFICANT CIVIC CONTRIBUTIONS TO THE CITY; PROVIDING SUNSET PROVISIONS THEREOF; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. • ANALYSIS See attached Commission Memorandum. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION N/A 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 CityAttomey Sponsor Page 507 of 991 • Mayor Dan Gelber ATTACHMENTS: Description ❑ Commission Memorandum ❑ Ordinance • • Page 508 of 991 �� I t\ r^ A; v I 4n �.� City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachH.gov COMMISSION MEMORANDUM TO: Mayor Dan Gelber and Members of the City Commission SECOND READING FROM: Rafael A. Paz, City Attorney DATE: April 28, 2023 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS," BY AMENDING SECTION 82-503 THEREOF, ENTITLED "NAMING OF PUBLIC FACILITIES; CO-NAMING AND RE-NAMING OF STREETS," BY AMENDING SUBSECTIONS(C)(1)(A)AND(C)(2)(A)TO PROVIDE ADDITIONAL CRITERIA AND PROCEDURES FOR THE CO- NAMING OF STREETS IN HONOR OF A DECEASED PERSON WHO SERVED AS THE SPIRITUAL LEADER OF A PROMINENT RELIGIOUS INSTITUTION IN THE CITY OF MIAMI BEACH WHO ALSO MADE SIGNIFICANT CIVIC CONTRIBUTIONS TO THE CITY; PROVIDING SUNSET PROVISIONS THEREOF; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. The attached Ordinance was prepared at the request of Mayor Dan Gelber, the sponsor, and it was approved on First Reading at the March 27, 2023 City Commission meeting. No changes have been made between first and second reading.A summary of the proposed Ordinance is set forth below. Under existing criteria in Section 82-503 of the City Code, City streets may only be co-named of (1) Miami Beach police officers who died or were killed in the line of duty; (2) a public facility located on the street to be co-named; (3) private not-for-profit organizations with significant historic value to the city and associated with structures which have a significant historical value or architectural significance to the city; (4) geographic areas within the city; or (5) a commercial establishment that has been in business in the City of Miami Beach for 100 or more years and which is located on the street to be co-named. Section 82-503 was previously amended to temporarily authorize the co-naming of City streets after a deceased person who served as the spiritual leader of a prominent religious institution in the City of Miami Beach for 35 or more years and resided in the City of Miami Beach, but due to a sunset provision in the ordinance, this provision expired in 2019. Page 509 of 991 Commission Memorandum April 28, 2023 Page 2 of 2 At the November 16, 2022 City Commission meeting, at the request of Mayor Dan Gelber, an agenda discussion item was referred to the Public Safety and Neighborhood Quality of Life Committee ("PSNQLC") for it to consider the co-naming of the Bonita Drive Corridor from 71 st Street to Indian Creek Drive in honor of the late Rabbi Pinchas Weberman, along with any amendment to Section 82-503 of the City Code that may be required to accomplish the co-naming. Accordingly, the proposed Ordinance includes the additional criteria necessary to authorize the naming of a street in honor of a spiritual leader who has made important civic contributions to the City. RAP/FA/ag Page 510 of 991