Ordinance 2024-4605 ORDINANCE NO. 2024-4605
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE II, ENTITLED
"CITY COMMISSION," BY AMENDING SECTION 2-17,
ENTITLED "RESIDENTS' RIGHT TO KNOW," TO AMEND THE
LIST OF ISSUES DEFINED AS "MATTERS THAT IMPACT
RESIDENTS' QUALITY OF LIFE"WHICH REQUIRE TARGETED
NEIGHBORHOOD NOTICE; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, Section 2-17 of the City Code, entitled "Residents' Right to Know,"
• establishes certain supplemental notice requirements for items before the City Commission,
Commission Committees, and land use boards which are defined as "matters that impact
residents' quality of life"; and
WHEREAS, in order to promote transparency in City government and provide additional
notice to City residents and neighborhood associations, the City Commission desires to amend
the Residents' Right to Know to require targeted electronic notice for agenda items that pertain to
the planned closure of.a City street, bridge, or park.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AS FOLLOWS:
SECTION 1. That Section'2-17 of Chapter 2 of the Miami Beach City Code is hereby amended
to state as follows:
CHAPTER 2
'ADMINISTRATION
* * . *
Article II. CITY COMMISSION
* * *
Sec. 2-17. Residents' right to know.
(a) Legislative intent. It shall be the policy of the city to provide targeted neighborhood notice,
timely opportunities for input, and procedural fairness in hearings for any proposed policy,
ordinance, project, or other matter that impacts residents' quality of life.
(b) Impacts to residents' quality of life. Matters that impact residents' quality of life shall
include the following: '
(1) Any position that has been formally adopted by resolution of a registered neighborhood
association and transmitted to the city through its city manager.
(2) Any application for development review before the city's land use boards, or any
proposed zoning legislation before the city commission, that includes the potential for
lot aggregation, or that includes the potential for material increase in:
a. Traffic over current levels;
b. Required parking;
c. Building height;
d. Base elevation;
e. Intensity of uses;
f. Density; or
g. Floor area ratio.
(3) Development proposals that require approval by the city commission which propose:
a. Changes of use or commercialization in a public park, public beach, or other
public property or public easement; or
b. The design and implementation of a streetscape, transit, pedestrian, parking,
or area improvement project(other than routine repairs and maintenance); and
(4) Any material change to any of the matters listed in subsections (b)(1) through (b)(3)
above.
For purposes of this section, a "material increase" shall be defined as any increase in
building height or base elevation over three feet, any increase in density, or any
increase in floor area ratio. Additionally, a "material increase" shall be defined as any
increase in traffic over current levels, required parking, or intensity of uses that the
planning director considers to be substantial.
(5) Agenda items before the city commission or city commission committees that pertain
to the planned closure of a City street, bridge, or park.
(c) Targeted neighborhood notice. The city commission shall adopt a process by resolution
(as may be amended from time to time) for registering neighborhood associations and
shall provide targeted electronic notices on matters that impact residents' quality of life, as
defined above and, in addition to targeted electronic notice, the city shall post such notices
on the city's website. Targeted neighborhood notices at each step in the public process,
excluding emergency matters requiring immediate action, shall be in addition to any other
public notices required by law. Registered neighborhood associations shall have the
opportunity to register for specifically categorized notices based on whether a particular
action affects North Beach. Mid-Beach, or South Beach. Notices shall be written in plain
English, and both the title and summary shall objectively describe the proposed action.
For purposes of this section, the term "neighborhood association" shall be defined as an
organization of residential homeowners and tenants created to address quality of life
issues in a defined neighborhood or community.
Notwithstanding the above, an individual resident of Miami Beach may also register to
receive targeted neighborhood notices. In order to be eligible for registration, an individual
shall have been a resident of the city for a minimum of six months, and must provide the
city with a reasonable form of identification exhibiting proof of residency (to be defined in
the resolution described above) upon registering.
Registered neighborhood associations (and individuals who choose to register) must
renew their registrations on an annual basis.
(d) Timely opportunities for input. Once a matter that impacts residents' quality of life (as
defined above) is referred to a city commission committee or land use board, or once a
matter is placed on an agenda for approval by the city commission, the city shall use
reasonable good faith efforts to ensure that registered neighborhood associations (and
individuals who choose to register) have an opportunity to participate in city processes
that shape any matter that impacts residents' quality of life (as defined in subsection (b)
above).
(e) Procedural fairness in quasi-judicial hearings. The city shall ensure that representatives
Of registered neighborhood associations (and individuals who choose to register) shall
have the opportunity at quasi-judicial hearings before the city's land use boards, or the city
commission, to present or rebut evidence relevant to matters that impact residents' quality
of life. Registered neighborhood associations (and individuals who choose to register) do
not need to retain legal counsel to exercise these procedural rights. Notices of filing, and
a copy of each quasi-judicial application, shall promptly be made available on the city's
website within three days of filing, and amendments thereto or supplemental information
shall be filed and promptly made available on the city's website in advance of the date of
the scheduled hearing.
(f) Amendment or repealer. Any amendment to this section (including the repealer of any
provision herein)shall require the affirmative vote of five-sevenths of the city commission.
(g) Periodic review and annual report. The city manager, or the city manager's designee,
shall, annually during the city commission's review and approval of the city's annual
operating budget, present a written report to the city commission tracking and identifying
the operational implementation and fiscal impact of this section. The report shall include
statistics relating to the number of registered neighborhood associations and individuals
registered under the ordinance and any amendments thereto: issues pertaining to impacts
to residents' quality of life that have resulted in the issuance of targeted notices; the
number of registered neighborhood associations and individuals registered under the
ordinance that open each targeted notice and whether any links therein are viewed; and
any violations and/or complaints received by the city administration with regard to the
implementation of the procedures set forth in the section.
(h) Administration of this section. This section shall be administered by the office of the city
manager.
Secs. 2-15-2-20. Reserved.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith 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.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this !3 day of /474rd '- , 2024.
ATTEST:
S ven Meiner, Mayor
.7./ MAR 9 5 2024 APPROVED AS TO
FORM AND LANGUAGE
Rafael E. Granado, City Clerk & FOR EXECUTION
--
Underline denotes new language, City Attorney �� Date
Strikethreugh denotes removed language
(Sponsored by Commissioner Alex J. Fernandez) = �B .cs;•,,,y
Co-Sponsored by Commissioner David Suarez `:
JNLOAP OAATED
Co-Sponsored by Commissioner Tanya K.Bhatt
I,cH 26
Ordinances -R5 I
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: March 13, 2024
10:50 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 CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY
AMENDING ARTICLE II,, ENTITLED "CITY COMMISSION," BY AMENDING
SECTION 2-17, ENTITLED "RESIDENTS' RIGHT TO KNOW," TO AMEND
THE LIST OF ISSUES DEFINED AS "MATTERS THAT IMPACT
RESIDENTS' QUALITY OF LIFE" WHICH REQUIRE TARGETED
NEIGHBORHOOD NOTICE; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY,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? No
If so, specify name of lobbyist(s)and principal(s): N/A
ANALYSIS
The proposed Ordinance was adopted at First Reading on February 21, 2024. No changes
were made between First and Second Reading.
The Business Impact Estimate (BIE)was published on March 1,2024.
See BIE at: https://www miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
Page 423 of 1070
City Code Section 2-14?
Yes No
Strategic Connection
Non-Applicable
Legislative Trackino
Office of the City Attorney
Sponsor
Commissioner Alex Fernandez
ATTACHMENTS:
Description
o Commission Memorandum
o Ordinance
Page 424 of 1070
E A
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
FROM: Rafael A. Paz, City Attorney
DATE: February 21, 2024
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING
ARTICLE II, ENTITLED "CITY COMMISSION," BY AMENDING SECTION 2-17,
ENTITLED "RESIDENTS' RIGHT TO KNOW," TO AMEND THE LIST OF
ISSUES DEFINED AS "MATTERS THAT IMPACT RESIDENTS' QUALITY OF
LIFE" WHICH REQUIRE TARGETED NEIGHBORHOOD NOTICE; AND
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN
EFFECTIVE DATE.
On July 26, 2017, the Mayor and City Commission adopted Ordinance No. 2017-4115, known as
the "Residents' Right to Know" Ordinance, which provides for targeted electronic neighborhood
notices for matters that impact residents' quality of life, allows for timely opportunities for public
input, and supplements existing provisions in the City Code relating to procedural fairness in
quasi-judicial hearings(the"Ordinance").
The Ordinance, at City Code Section 2-17(b), sets forth a list of issues defined as "matters that
impact residents'quality of life"which require targeted electronic notice. This includes:
• Positions formally adopted by resolution of a registered neighborhood association;
• Development applications or zoning legislation that meet certain criteria;
• Certain development proposals on City property; and
• Certain City infrastructure projects.
Pursuant to the request of Commissioner Alex Fernandez, the attached Ordinance has been
drafted to amend the list of "matters that impact residents' quality of life." Specifically, this
Ordinance would require targeted electronic notice for any agenda item on a City Commission or
Commission Committee agenda that pertains to the planned closure of a City street, bridge, or
park.
Commissioner Fernandez is working with the City Attorney's Office to identify other possible
amendments to the Residents' Right to Know Ordinance (and other notice requirements in the
City Code), to promote transparency and identify additional opportunities for public notice on
matters of importance to City residents.
RAP/NK/sp
Page 425 of 1070