Ordinance 2024-4587 ORDINANCE NO.' 2024-4587
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE
MIAMI BEACH CITY CODE, ENTITLED "ADMINISTRATION," BY
AMENDING ARTICLE III, ENTITLED "AGENCIES, BOARDS AND
COMMITTEES," BY AMENDING DIVISION 34, BY CREATING
SECTIONS 2-190.149 THROUGH 2-190.152 TO ESTABLISH THE
"NEIGHBORHOOD RESILIENCY PROJECTS ADVISORY
COMMITTEE," TO ADVISE THE ADMINISTRATION AND CITY
COMMISSION IN CONNECTION WITH THE CITY'S RESILIENCY
PROJECTS IN ORDER TO IMPROVE PLANNING AND DELIVERY OF
THESE CRITICAL PROJECTS; AND, PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, on October 13, 2021, the Mayor and City Commission of the City of
Miami Beach (the "City") adopted Resolution No. 2021-31898, establishing the Ad Hoc
Neighborhood Resiliency Projects Advisory Committee for a period of one year (subject
to earlier or later sunset by City Commission) to advise the Administration and City
Commission in connection with the City's climate resiliency projects in order to improve
planning and delivery of these critical projects; and
WHEREAS, the Committee sunsetted in October 2022, one year after its
establishment, per Resolution No. 2021-31898; and
WHEREAS, it is in the best interest of the City to continue to engage residents to
build and strengthen the stakeholder and community support and feedback, as well as
to highlight areas of concern in delivering critical resiliency projects; and
WHEREAS, resiliency projects can have substantial impacts on the nature and
character of residential neighborhoods, and can potentially impact private properties;
and
WHEREAS, in 2022, the Mayor and City Commission re-established the
Committee for a period of one year, in order for the Committee to continue advising the
City Manager and the Mayor and City Commission on neighborhood and private
property matters related to the City's resiliency projects; and
WHEREAS, due to the lengthy and ever-evolving nature of the City's
neighborhood resiliency projects, the Mayor and City Commission wish to establish the
Committee on a permanent basis and codify its purpose and composition as part of
Chapter 2 of the City Code.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Sections 2-190-2.19 of Division 34, of Article Ill, of Chapter 2 of the City
Code, entitled "Administration," are hereby created as follows:
CHAPTER 2
ADMINISTRATION
* * *
ARTICLE III. AGENCIES, BOARDS AND COMMITTEES
* * *
DIVISION 34. NEIGHBORHOOD RESILIENCY PROJECTS ADVISORY COMMITTEE
Sec. 2-190.149. Committee Purpose.
The purpose of the Neighborhood Resilience Projects Advisory Committee is to act as
an advisory board to City Commission and City Manager on neighborhood infrastructure
programs and private property matters related to the City's resilience projects. This
includes helping build awareness of existing and future projects within the
community and seeking resident ideas and feedback to improve the planning and
delivery of future projects. The Committee will not advise on matters that have
specifically been reviewed by the City Commission to avoid creating fiscal impacts
or undue delays in the implementation of critical resiliency projects.
Sec. 2-190.150. Powers and duties
The committee shall have the following powers and duties:
(1) Provide advisory recommendations and feedback on best approaches to
enhance resident education and resident engagement.
(2) Provide advisory recommendations and feedback regarding process
improvements for flood mitigation.
(3) Share input and evaluate general neighborhood aesthetics and utility and
infrastructure improvements, such as location decision criteria for pump
stations or other improvements.
(4) Provide a forum for the Committee to share best practices and lessons
learned • from completed projects and/or ongoing projects, for potential
incorporation as part of future projects.
2
Sec, 2-190.151. Composition
The committee shall be composed of seven (7) members, all of whom shall be
appointed to serve for a term of no more than two (2) years at a time. Each member of
the city commission shall make one (1) direct appointment to the committee.
(1) The seven (7) members shall be affiliated with the city pursuant to the general
requirements in section 2-22 of the City Code. In addition, the members must
meet the following requirements:
(2) General Requirements. Each of the seven (7) members must have a
demonstrated interest in flood mitigation, sea level rise and adaptation,
infrastructure, and/or neiqhborhood leadership issues, including, without
limitation, academia, homeowners associations, condominium associations,
cooperatives, civic groups, or other similar qualifications. It would be
beneficial if members have expertise in the following fields:
a) Civil engineering or related background with a focus on infrastructure
b) Architecture, landscape architecture, or related field with a focus on
neighborhood planning
c) Public engagement or communications for construction or neighborhood
planning or similar
d) Emergency management planning, or disaster or flood mitigation.
Sec. 2-190.152. Supporting departments.
The supporting departments for committee shall be the City Manager's Office.
Supporting City Staff shall be determined and assigned at the discretion of the City
Manager.
SECTION 2. 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 may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may
be changed to "section," "article," or other appropriate word.
SECTION 3. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
3
SECTION 4. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the /O day of rebrkary , 2023.
PASSED AND ADOPTED this 3/ day of 7401 y , 2023.
ATTEST:
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FEB 0 6 2024 teven Meiner, Mayor
11
Rafael E. Grana•o, City Clerk
(Sponsored by Commissioner Laura Dominguez) = . �. yII''ys
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APPROVED AS TO
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City Attorney Date
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Ordinances- R5 I
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: January 31, 2024
11:00 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI
BEACH CITY CODE, ENTITLED "ADMINISTRATION," BY AMENDING
ARTICLE III, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY
AMENDING DIVISION 34, BY CREATING SECTIONS 2-190.149 THROUGH
2-190.152 TO ESTABLISH THE "NEIGHBORHOOD RESILIENCY
PROJECTS ADVISORY COMMITTEE," TO ADVISE THE
ADMINISTRATION AND CITY COMMISSION IN CONNECTION WITH THE
CITY'S RESILIENCY PROJECTS IN ORDER TO IMPROVE PLANNING
AND DELIVERY OF THESE CRITICAL PROJECTS; AND, PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
BACKGROUND/HISTORY
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? Yes A.No
If so, specify name of lobbyist(s)and principal(s): N/A
ANALYSIS
The proposed Ordinance was approved on first reading at the December 13, 2023 City
Commission meeting. No changes have been made between first and second reading.
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?
Page 1134 of 2002
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Laura.Dominguez
ATTACHMENTS:
Description
o BIE Published 01-12-2024, Commission Memorandum, and Ordinance
Page 1135 of 2002
BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Alina T. Hudak, City Mana•- ( i p4
MEETING DATE: January 31,2024
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED "AGENCIES, BOARDS AND
COMMITTEES," BY AMENDING DIVISION 34, BY CREATING SECTIONS 2-190.149
THROUGH 2-190.152 TO ESTABLISH THE "NEIGHBORHOOD RESILIENCY PROJECTS
ADVISORY COMMITTEE," TO ADVISE THE ADMINISTRATION AND CITY COMMISSION IN
CONNECTION WITH THE CITY'S RESILIENCY PROJECTS IN ORDER TO IMPROVE
PLANNING AND DELIVERY OF THESE CRITICAL PROJECTS; AND, PROVIDING FOR
REPEALER, SEVERABILITY,CODIFICATION, AND AN EFFECTIVE DATE
Is a Business impact Estimate Required?
El Yes ❑No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
❑ The proposed Ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed Ordinance relates to the issuance or refinancing of debt;
❑ The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the.budget;
❑ The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
❑ The proposed Ordinance is an emergency ordinance;
❑ The Ordinance relates to procurement; or
❑ The proposed Ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes,.relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
Page 1136 of 2002
Business Impact Estimate
Page 2
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. The summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance,as well as in the recitals to the
Ordinance itself, which are attached hereto.
2. The City of Miami Beach estimates that the proposed Ordinance will have no direct
economic impact on private, for-profit businesses in the City of Miami Beach, that the
proposed Ordinance will have no direct compliance costs that businesses may
reasonably incur; that the proposed Ordinance will not impose any new charge or fee for
which businesses will be financially responsible, and that the proposed Ordinance will
not impact the City of Miami Beach's regulatory costs and will not generate any revenue
from new charges or fees.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that no businesses are likely to be impacted by the
proposed Ordinance.
4. Additional comments: None.
Page 1137 of 2002
Rafael A.Paz,City Attorney
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www,miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Steven Meiner and Members of the City Commission
Aline T. Hudak, City Manager
FIRST READING
FROM: Rafael A. Paz, City Attorney
DATE: December 13, 2023
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH
CITY CODE, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III,
ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING
DIVISION 34, BY CREATING SECTIONS 2-190.149 THROUGH 2-190.152 TO
ESTABLISH THE "NEIGHBORHOOD RESILIENCY PROJECTS ADVISORY
COMMITTEE," TO ADVISE THE ADMINISTRATION AND CITY COMMISSION
IN CONNECTION WITH THE CITY'S RESILIENCY PROJECTS IN ORDER TO
IMPROVE PLANNING AND DELIVERY OF THESE CRITICAL PROJECTS;AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
The attached Ordinance was prepared at the request of Commissioner Laura Dominguez for
consideration at the December 13, 2023 City Commission meeting.
On October 13, 2021, the Mayor and City Commission of the City of Miami Beach (the "City")
adopted Resolution No. 2021-31898, establishing the Ad Hoc Neighborhood Resiliency Projects
Advisory Committee(the "Committee")for a period of one year, to advise the Administration and
City Commission in connection with the City's climate resiliency projects in order to improve
planning and delivery of these critical projects.
The Committee sunsetted in October 2022, one year after its establishment. In 2022, the Mayor
and City Commission re-established the Committee for a period of one year, in order for the
Committee to continue advising the City Manager and the Mayor and City Commission on
neighborhood and private property matters related to the City's resiliency projects.
The sponsor has proposed the attached Ordinance,to make the Committee a permanent standing
advisory board of the City, to allow the Committee to continue to engage residents to build and
strengthen the stakeholder and community support and feedback, and to highlight areas of
concern in delivering critical resiliency projects.
RAP/FA/ag
Page 1138 of 2002