20170208 SM1MIAMIBEACH
Commission Meeting
SUPPLEMENTAL MATERTAL 1 (21312017)
City Hall, Commission Chambers, 3'd Floor, 17OO Convention Center Drive
February 8,2017
Mayor Philip Levine
Commissioner John Elizabeth Alem6n
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Comm issioner Kristen Rosen Gonzalez
Com m issioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visrt us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk priorto engaging in any lobbying activitywith the City
Commission, any City Board or Committee, or any personnel as defined in the subject Gode
sections. Copies of the Gity Gode sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
R5 - Ordinance
R5 N AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 38 ENTITLED ''ELECTIONS'':
SECTION 38-3 REGARDING NOTICE OF RESOLUTION, CALLING ELECTIONS AND POLLING
PLACES; SECTION 38-4 CLARIFYING APPLICABILITY OF CODE PROVISIONS GOVERNING
INSTALLATION OF OFFICERS TO SPECIAL ELECTIONS AS WELLAS GENERAL ELECTIONS;
SECTION 38-7 REGARDING INITIATIVE/REFERENDUM/RECALL PETITIONS, CONFIRMING
CONDITIONS FOR DISQUALIFICATION OF PETITIONS/SIGNATURES, REQUIRING CERTAIN
ADDITIONAL INFORMATION ON CIRCULATOR STATEMENT, CONFIRMING ELECTOR WHO
SIGNS PETITION PROHIBITED FROM WITNESSING HIS/HER SIGNATURE ON CIRCULATOR
STATEMENT; AND CREATING SECTION 38-8 "CANVASSING BOARD"; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Office of the City Attorney / Office of the City Clerk
Vice-Mayor Joy Malakoff
Supplemental updated on 21312017
(Revised Memorandum & Ordinance)
First Reading
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Supplemental 1, February 8,2017
R7 - Resolutions
R7 P A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE OCEAN DRIVE SIDEWALK CAFE DESIGN GUIDELINES TOALLOW
THE HISTORIC PRESERVATION BOARD TO REVIEW AND APPROVE THE PROPOSED COLOR
OF RETRACTABLE UMBRELLAS ON OCEAN DRIVE, SOAS TO ENSURE COMPATIBILITYWITH
ICONIC ARCHITECTURE.
City Attorney's Office / Planning
Commissioner Ricky Arriola
Supplemental updated on 21312017
(Memorandum & Resolution)
R9 - New Business and Commission Requests
R9 J DISCUSSION ON POTENTIAL OPTIONS FOR THE RE-ENGAGEMENT OF DOVER.KOHL IN THE
REVIEW OF CONSERVATION DISTRICTS FOR NORTH BEACH.
Planning / Office of the City Manager
Supplemental updated on 21312017
(Map)
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Agenda rtem RSM
p21g A-T - 17
I
DATE:
OFFICE OF IHE CITY ATTORNEY
TO:
FROM:
t-..-! i
RAFAEL E. GRANADO
CITY CLERK
FEBRUARY 8,2017
(REVTSED)
COMMISSION MEMORANDUM
AND ORDINANCE
:;l;t ;
,;F+;*::J :.i
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORdLES(-\ n A \-.----
RAUL J. AGUII@K\Y--IV;"'
CITY ATTORNEY
7a4
SUBJECT: AII ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH
CITY CODE CHAPTER 38 ENTITLED *ELECTIONS": SECTION 38-3
REGARDING NOTICE OF RESOLUTION, CALLING ELECTIONS AND
POLLING PLACES; SECTION 38-4 CLARIFYING APPLICABILITY OF
CODE PROVISIONS GOVERNING INSTALLATION OF OF'FICERS TO
SPECIAL ELECTIONS AS WELL AS GENERAL ELECTIONS;
SECTION 38.7 REGARDING INITIATIVE/REFERENDUMIRECALL
PETITIONS, CONFIRMING CONDITIONS FOR DISQUALIF'ICATION
OF PETITIONSiSIGNATURES, REQUIRING CERTAIN ADDITIONAL
INFORMATION ON CIRCULATOR STATEMENT, CONFIRMING
ELECTOR WHO SIGNS PETITION PROHBITED FROM WITNESSING
HIS/HER SIGNATURE ON CIRCULATOR STATEMENT; AND
CREATING SECTION 38.8 "CANVASSING BOARD,,; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
In addition to those provisions of the City Charter relating to City electionsl, Chapter 38 of the
City Code deals with the related process of conducting City elections. As part of the City
Attorney and City Clerk's periodic review of the City Code, Chapter 38 has been reviewed and
analyzed, resulting in the attached Ordinance containing the following proposed amendments:
I See, Miami Beach Charter, Articles VI "Elections" and VII "Initiative and Referendum."
3
o Amending City Code section 38-3 regarding noticing of the City Resolution calling
elections and notice of polling places.
o Amending City Code section 38-4 clarifying that City Code provisions governing the
installation of newly-elected City officers applies to both General Elections as well as
to Special Elections held for election of candidates.
o Amending City Code section 38-7 to ensure ballot integrity with regard to Initiative,
Referendum and Recall petitions, by: 1) including an express prohibition confirming
that an elector who signs a petition may not witness hislher signature on the
"Circulator's Statement" portion of a petition; 2) requiring circulators of such petitions
to include on the "Circulator's Statement" the circulator's narne, address, and date of
signature (which must not predate the elector(s) signatures); and 3) expressly
confi rming conditions for the disqualifi cation of s i gnatures/petitions.
o Creating City Code section 38-8 entitled: "Canvassing Board", for the purpose of
opting out of statutory provisions pertaining to composition of the City's Canvassing
Board, which statutory provisions have proven to be complicated and time-consuming.
This amendment will provide a simpler, streamlined approach for designating
members of the City's Canvassing Board.
The attached Ordinance, sponsored by City Commissioner Joy Malakoff, is thus ready for City
Commission review and deliberation.
4
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH
CITY CODE CHAPTER 38 ENTITLED "ELECTIONS": SECTION 38-3
REGARDING NOTICE OF RESOLUTION, CALLING ELECTIONS AND
POLLING PLACES; SECTION 38-4 CLARIFYING APPLICABILITY OF
CODE PROVISIONS GOVERNING INSTALLATION OF OFFICERS TO
SPECIAL ELECTIONS AS WELL AS GENERAL ELECTIONS;
SECTION 38-7 REGARDING INITIATIVE/REFERENDUM/RECALL
PETITIONS, CONFIRMING CONDITIONS FOR DISQUALIFICATION
OF PETITIONS/SIGNATURES, REQUIRING CERTAIN ADDITIONAL
INFORMATION ON CIRCULATOR STATEMENT, CONFIRMING
ELECTOR WHO SIGNS PETITION PROHBITED FROM WITNESSING
HIS/HER SIGNATURE ON CIRCULATOR STATEMENT; AND
CREATING SECTION 38-8 "CANVASSING BOARD"; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS:
SECTION l. That Chapter 38 of the Miami Beach City Code entitled "Elections", is hereby
amended to reflect the following amendments thereto relating to Section 38-3 entitled
"Resolution by City Commission setting forth date and purpose of election, deadline for
registration, polling places, change of polling places", Section 38-4 entitled "Canvass of retums;
installation of new officers", Section 38-7 entitled "Petitions", and creation of Section 38-8
entitled "Canvassing Board", such amendments reading as follows:
Chapter 38 - ELECTIONS.2
Sec. 38-3. - Resolution by City Commission
eesr ehange of pollingplaees Calline Election and
Noticins Thereof.
(a) For the purpose of making proper provision for each municipal election held in the City, the
City Commission shall, not less than 30 days prior to the proposed date of such election, adopt a
resolution setting forth the following:
' Charter reference- Elections, Art. VI; Initiative and Referendum Elections, Art. VII.
Cross reference- Any ordinance calling elections or prescribing the manner of conducting the election in
accordance with State law saved from repeal, $ l-10(a)(16); Administration, Ch. 2; City Commission, $
2-31 et seq.; election signs, $ 138-134. State Law reference- Florida Election Code, Fla. Stat. Chs. 97-
106.
5
(1) The date upon which such election is to be held.
(2) The purpose of such election.
(3) The days and hours, prior to the date of such election during which persons qualified to
vote therein may register for the election.
(4) ien.
(5) ({) The form of ballot to be used in such elections, prepared in compliance with all
statutory requirements relating to the use of mechanical or other approved voting machines
or devices.
(b) The City Commission shall further authorize and direct the City Clerk to give notice of the
adoption of such resolution and of the provisions thereof prescribed in subsection (a), by and
through the publication of an appropriate advertisement in a newspaper meeting the requirements
set forth in Florida Statute $ 50.031 once a week for four consecutive weeks next preceding the
day upon which such municipal election is to be held. The City Clerk shall further publish. in a
newspaper meeting the requirements set forth in Florida Statute $ 50.031 and on the Cit],'s
website. the 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. in
ien*
.
Sec. 38-4. Ganvass-sf Acceptance of Election returnsl installation of new offrcers.
On the first business day immediately following the County Elections Supervisor's issuance of
final election results, the City Commission shall meet for the purpose of eanvassing accepting
the returns of such election(s) and ascertaining the results thereof.
(a) Should no Run-Off Election be necessary, new officers shall be declared elected subsequent
to ean+ass the Citv Commission's acceptance of final General (or Special. as the case may be)
Election returns at which time the new officers shall be installed and shall enter upon the
discharge of their duties, except as otherwise provided by the City Charter: if a Run-Off Election
is necessary, all new officers shall be declared elected subsequent to eannass the Citv
Commission's acceptance of final Run-Off Election returns on the first business day immediately
following the County Elections Supervisor's issuance of such final election results, at which time
the new officers shall be installed and shall enter upon the discharge of their duties. except as
otherwise provided by the City Charter.
(!)++e+eeve6 i[f a Run-Off Election is necessary, the Commission meeting(s) occurring between
the date of General Election and the Commission's acceptance of final Run-Off Election returns
shall occur for the limited purpose of eanvassing acceptine the retums of such general election,
and/ortoaddressanyemeIgencymatter,pursuanttoFlorida
tiffie@ law and City Charter $2.05.
6
Sec. 38-7. Petitions.
(a) Each qualified elector of the Cit], who si€ner-ef signs an initiative, referendum or recall
petition shall place thereon,
his or her name (both printed and signed), his or her street address including City and State, his
or her date of birth or voter registration number, and the date (rncluding day. monft m on
which he or she signed the petition. Elector sisnatures which do not comply with any one or
more of the provisions set forth in this subsection (a) or subsection (c) below. and/or are dated
later than the date set forth in the circulator's statement provided for in subsection (b) below.
shall be disqualified.
@) Each person circulating a copy of the petition shall attach to it a statement confirming that the
circulator personally witnessed eaeh all personq whose signatureq appears on the petition
personally signgi! the petition on each of the respective dates set forth therein-urhiqh $ate!qg$
shall further set forth the circulator's name (both printed and signed). his or her street address
including City and State. and the date (including day. month and year) on which he or she siened
the statement. Petitions that do not comply with any one or more of the provisions set forth in
this subsection (b) shall be disqualified.
(c) An elector who has signed a petition pursuant to subsection (a) shall not serve as witness to
his/her own signature in the circulator's statement provided for in subsection (b).
Sec. 38-8. Canvassing Board.
All elections conducted pursuant to the Citv Charter shall be canvassed by the Canvassine Board
as provided for herein. and under the election laws of this State.
(a) The canvassine board for City elections held on the same date as a Count),wide election shall
be the Miami-Dade County Canvassing Board.
(b) The Canvassing Board for City elections not held on the same date as a County-wide election
shall be comprised of a County Court Judge appointed by the Chief Judge of the Eleventh
Judicial Circuit of Miami-Dade Countv. the Cit), Clerk. and a member of the Cit), Commission
appointed by the City Commission. In the event the Count), Court Judge selected by the Chief
Judee under this subsection is unable to serve on the Canvassing Board. such County Court
Judge shall be replaced with another County Court Judee appointed by the Chief Judee to serve
as substitute member; in the event any other member of the Canvassing Board under this
subsection is unable to serve such member shall be replaced with a qualified elector of the City
appointed by the Mayor to serve as a substitute member: the Mayor shall also select a qualified
elector of the City to serve as an alternate member who will serve as a member of the Canvassing
Board in the event the substitute or other member (besides the County Court Judge) is unable to
serve.
(c) No member of the canvassing board shall be a candidate who has opposition in the election
being canvassed. or is an active participant in the campaign or candidacy of an), candidate who
has opposition in the election beine canvassed.
(d) The scheduling of Canvassing Board meetines and duties of the Canvassing Board shall be
conducted in accordance with State law.
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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, sentence, clause or phrase of this ordinance 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 this ordinance.
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 a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the
PASSED and ADOPTED this
day of 2017.
day of ,2017.
ATTEST:
MAYOR PHILIP LEVINE
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by City Commissioner Joy Malakoff.)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Date
F:\ATTO\AGUR\RESOS-ORD\2017U-l-17 - Amending City Code Ch 38-Elections .docx
City Attomey
8
Resolutions - R7 P
COMMISS ION MEI'JORAN DU M
Honorable Mayor and Members of the City Commission
Jimmy L. Morales, City Manager
February 8,2017
AAIAMI BEACH
TO:
FROM:
DATE:
SUBJECT: A RESOLUTION OF THE [\4AYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE OCEAN DRIVE SIDEWALK CAFE
DESIGN GUIDELINES TO ALLOW THE HISTORIC PRESERVATION BOARD TO
REVIEW AND APPROVE THE PROPOSED COLOR OF RETRACTABLE
UMBRELLAS ON OCEAN DRIVE, SO AS TO ENSURE COMPATIBILITY WITH
ICONIC ARCHITECTURE.
RECOMMENDATION
The Administration recomrnends that the City Commission adopt the Resolution.
ANALYSIS
HISTORY
On October 19, 2016, the City Comm{ssion adopted a Resolution approving Ocean Drive Sidewalk
Caf6 Design Guidelines. These guidelines are specific to all sidewalk caf6 operations located on
Ocean Drive between Sth and 15th Streets.
eecxcnouNo
The adopted design guidelines provide specifications for all umbrellas that are to be installed on the
public sidewalk as part of a sidewalk caf6. lncluded in the specifications is a list of ten (10) permitted
colors for the unbrella canopy. The colors range from pale neutral tones to slightly nnre vibrant
yellow, green, blue and pink. The intent of the Sidewalk Caf6 Design Guidelines is to ensure that
sidewalk caf6 furnishings are compatible with the historic architecture along Ocean Drive.
PLANNING ANALYSIS
Within the adopted Ocean Drive guidelines, there is no process to deviate from the 10 permitted
colors. The Planning Departrnent has received a request to allow for additional color options subject
to the review and approval by the Historic Preservation Board.
The subject Resolution would anend the adopted Ocean Drive guidelines by allowing the Historic
Preservation Board to review and approve alternate umbrella canopy colors on a case by case basis,
in accordance with the Certificate of Appropriateness criteria, is consistent with the intent of the
design guidelines.
Page 754 of 897
9
CONCLUSION
The Administration recommends that the City Commission adopt the Resolution.
Legislative Tracking
CityAttomeys Office / Planning
Sponsor
Commissioner Ricky Aniola
ATTAGHMENTS:
Description
n FormApproved Reso
Page 755 of 897
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RESOLUTION NO.
A RESOLUTION OF THE II,IAYOR AND CITY
COIIIMISSION OF THE CITY OF MHUI BEACH,
FLORIDA, AMENDING THE OCEAN DRIVE SIDEWAL(
CAFE DESIGN GUIDELINES TO ALLOW THE HISTORIG
PRESERVATION BOARD TO REVIEW AND APPROVETHE PROPOSED COLOR OF RETRACTABLE
UMBRELLAS ON OCEAN DRIVE, SO AS TO ENSURE
COMPATIBILITY IIIIITH ICONIC ARCHITECTURE.
WHEREAS, on October 19, 2016, the Mayor and City Commission adoptedResolution No. 2016-29606, approving the Ocean Drive Sidewalk Cafe Design
Guidelines for sidewalk cafes located on Ocean Drive between Sth and 15th Streets; arid
WHEREAS, Ocean Drive is a unique, historic, and highly significant promenade
containing hotels, restaurants, and retail establishments, which serve tourists and
residents alike;and
WHEREA$, the Ocean Drive Sidewalk Cafe Design Guidelines offer design
standards intended to ensure the compatibility between sidewalk caf6 furnishings and
the historic architecture; and
WHEREAS, the Planning Department has received a request to allow for
additional color options, subject to the review and approval of the Historic Preservation
Board ("HPB"); and
WHEREAS, it is consistent with the intent of the Ocean Drive Sidewalk Cafe
Guidelines to allow the HPB to review and approve alternate umbrella canopy colors on
a case-by-case basis, in accordance with the Certificate of Appropriateness criteria.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF flfinMl BEACH, FLORIDA, that the Mayor and City
Commission hereby amend the City of Miami Beach Ocean Drive Sidewalk Cafe Design
Guidelines to allow the Historic Preservation Board to review and approve alternate
colors for retractable umbrella canopies proposed for sidewalk caf6s along Ocean Drive
between Sth and 1Sth Streets.
PASSED and ADOPTED this 8th day of February 2017.
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\2Ol6lSeptemberlPlanning\Ocean Drive Sidewatk Ca& Design Guidleines MEM.doo<
APPROVED AS TO
FORM & LANGUAGE
& Fry\ExFCufloN
.LU;t- J't-t1
Page 756 of 897 Cily Allorney NY-' Dote
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RESOLUTION TO BE SUBMITTED
12
E Boundaries of National Register Historic Districts
=i Area of proposed Local Historic Districts
Area of proposed Neighborhood Conservation District
-Nnf illlfffi Area of Tatum Waterway portion of proposed Neighborhood Conservation District
Agenda ltem Bt J
Date L'8-11
=-,f-\t-lffi
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