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Home My Public Portal About17-16 RESIDENTS RIGHT TOW KNOW 1ST READING: September 27, 2017 2ND READING: October 25, 2017 PUBLIC HEARINGS: September 27, 2017 and October 25, 2017 ADOPTED: October 25, 2017 EFFECTIVE DATE: October 25, 2017 SPONSORED BY: VICE-MAYOR KELLEY ORDINANCE NO. 17-16 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF OPA-LOCKA, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE II, ENTITLED "CITY COMMISSION," BY CREATING SECTION 2-67 TO BE ENTITLED "RESIDENTS' RIGHT TO KNOW," TO CODIFY THE LEGISLATIVE INTENT OF THIS ORDINANCE, DEFINE MATTERS THAT IMPACT RESIDENTS' QUALITY OF LIFE, PROVIDE THAT THE CITY COMMISSION SHALL ADOPT A PROCESS FOR REGISTERING NEIGHBORHOOD ASSOCIATIONS AND INDIVIDUAL RESIDENTS WHO CHOOSE TO REGISTER, REQUIRE TARGETED ELECTRONIC NEIGHBORHOOD NOTICES FOR MATTERS THAT IMPACT RESIDENTS' QUALITY OF LIFE, ALLOW FOR TIMELY OPPORTUNITIES FOR PUBLIC INPUT, SUPPLEMENT EXISTING PROVISIONS IN THE CITY CODE RELATING TO PROCEDURAL FAIRNESS IN QUASI-JUDICIAL HEARINGS, ALLOW A REGISTERED NEIGHBORHOOD ASSOCIATION OR INDIVIDUAL RESIDENT WHO CHOOSES TO REGISTER TO REQUEST DEFERRAL OR RECONSIDERATION OF A MATTER IF SUCH MATTER IS NOT DULY NOTICED PURSUANT TO THIS ORDINANCE, PROVIDE THAI' ANY AMENDMENT OR REPEALER OF THIS ORDINANCE SHALL REQUIRE THE AFFIRMATIVE VOTE OF 4/STHS OF THE CITY COMMISSION, DIRECT THE CITY MANAGER OR THE MANAGER'S DESIGNEE TO CONDUCT PERIODIC REVIEW AND PREPARE ANNUAL WRITTEN REPORTS, AND PROVIDE THAT THIS ORDINANCE SHALL BE ADMINISTERED BY THE OFFICE OF THE CITY MANAGER; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Paragraph (A)5 of the Citizens' Bill of Rights provides for a right to he heard before the City Commission or any City agency, board, or department with regard to the presentation, adjustment, or determination of an issue, request, or controversy within the jurisdiction of the City; and WHEREAS, likewise. Paragraph (A)6 of the Citizens' Bill of Rights provides that "[p]ersons entitled to notice of a City hearing shall he timely informed as to the time, place and nature of the hearing and the legal authority pursuant to which the hearing is to be held and Ordinance No. 17-16 WHEREAS, in the spirit of encouraging public notice and public participation in City government, the Mayor and City Commission desire to enact this Residents Right to Know Ordinance to provide for targeted neighborhood notices, timely opportunities for input, and procedural fairness in quasi-judicial hearings. 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 2-67 of Chapter 2 of the Opa-Locka City Code is hereby created to state as follows: CHAPTER 2 ADMINISTRATION Article II. City Commission Sec. 2-67. - 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: (I) 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 (i) traffic over current levels. (ii) required parking, (iii) building height, (iv) base elevation, (v) intensity of uses, (vi) density, or (vii) floor area ratio: and (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: b. the design and implementation of a streetscape, transit, pedestrian. parking, or area improvement project (other than Ordinance No. 17-16 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 Ordinance, a "material increase" shall he defined as any increase in building height or base elevation over three (3) 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. (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. Notices shall be written in plain English, and both the title and summary shall objectively describe the proposed action. For purposes of this Ordinance, 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 Opa-Locka 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 (6) 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' of life Ordinance No. 17-16 (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. This shall include the opportunity to request a time certain for the convenience of the public. 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 upon 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) Deferral or reconsideration. A registered neighborhood association (or individual who chooses to register) may request deferral of any matter that requires targeted notice, or the reconsideration of that matter, if such matter is not duly noticed pursuant to this Ordinance Reconsideration may only be requested at the publicly noticed land use board or city commission meeting immediately following the meeting at which the challenged action was taken. However, the land use board or city commission shall have the sole discretion to grant or deny any such request. Consistent with Robert's Rules of Order, a motion to reconsider must be made by a board member or commissioner who voted with the prevailing side. (g) Amendment or repealer. Any amendment to this Ordinance (including the repealer of any provision herein) shall require the affirmative vote of four- fifths (4/5ths) of the city commission. (h) Periodic review and annual report. The city manager, or the city managers 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 Ordinance. 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; and any violations and/or complaints received by the city administration with regard to the implementation of the procedures set forth in the Ordinance. (i) Administration of this Ordinance. This Ordinance shall be administered Ordinance No. 17-16 by the office of the city manager . SECTION 2. CONFLICT AND REPEALER. All ordinances or resolutions or parts of ordinances or resolutions and all sections or parts of sections in conflict herewith, are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Opa-locka as amended; that the sections of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. 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. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or City Manager's designee, without need of public hearing, by filing a corrected or re-codified copy of the same with the City Clerk. SECTION 6. LIBERAL CONSTRUCTION. The terms and provisions of this Ordinance shall be liberally construed to affect the purpose for which it is adopted. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. This ordinance was moved for adoption by Commissioner Kelley, seconded by Commissioner Riley. The motion passed by a 4-0 vote. Commissioner Holmes OUT OF ROOM Commissioner Pigatt YES Commissioner Riley YES Vice Mayor Kelley YES Mayor Taylor YES PASSED AND ADOPTED this 25th day of October, 2017. ATTEST: CITY OF OPA-LOS FLORIDA By: /��' y. 1 i B Y Joa a Flores,City Clerk Myra L. a'lor, ayor Ordinance No. 17-16 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ' 'Hr :'1 • AW GROUP, L (9,7 i Attorney Miami Beach residents push to get notified when projects impact their neighborhood I Mi... Page 1 of 5 ittf rl £"fa ~ 1, 'tl f �� • *10."4".$% No .J { MIAMI BEACH Miami Beach will increase outreach to residents when projects affect their neighborhoods BY JOEY FLECHAS ji/e cha s(mia m/h a ra/d.co m JULY 27,20173:51 PM An initiative born in the highly engaged activist community of Miami Beach scored a victory Wednesday when commissioners agreed to increase the city's public outreach when public and private projects affect neighbors. http://www.miamiherald.com/news/loca1/community/miami-dade/miami-beach/article 1640... 9/27/2017 Miami Beach residents push to get notified when projects impact their neighborhood I Mi... Page 2 of 5 Billed as the "Residents' Right to Know," the ordinance was unanimously approved by commissioners. The city will be required to email resident associations and individuals who request to be notified when public or private projects might affect their quality of life. That could range from public infrastructure improvements to private real estate developments that require city approvals. Mark Samuelian, former president of the citizen group Miami Beach United and a commission candidate this year, worked on the change with Mark Needle, the group's director, and the city's legal staff to bring the change to City Hall. He told commissioners that the resolution reflects an engaged citizenry that wants to know about what's going on in their neighborhoods. "These stakeholders are organized, professional, committed, and aware — the ultimate resource for city government and the optimal engine for change," he said. "But to be effective participants, they must have information and timely opportunity to weigh in on projects that affect them." Breaking News Be the first to know when big news breaks Enter Email Address SIGN UP Samuelian said Commissioner Kristen Rosen Gonzalez played an important role as she sponsored the legislation and pushed it forward from day one. "She was with it from the beginning," he said. Commissioner Michael Grieco was the co-sponsor. A parade of residents from several neighborhoods across the city spoke in support of the resolution before the vote. City officials already set up public meetings for certain high-impact construction projects, such as the installation of stormwater pumps to improve drainage. http://www.miamiherald.com/news/local/community/miami-dade/miami-beach/article 1640... 9/27/2017 Miami Beach residents push to get notified when projects impact their neighborhood l Mi... Page 3 of 5 "I visualize it as when there's a transit project or a streetscape or something going with a park and some changes are going to be made in that park, I'm going to get a notice that informs me about that," said Michael Barrineau, the citizens group's current president. The city has already rolled out a tool residents can use to stay on top of meeting agenda items that pertain to them. Through mbresidentconnect.com, anyone can set up alerts for keywords. The system scours meeting agendas for the keywords and emails participants a list of links about those items. With Residents' Right to Know, officials will further refine the city's noticing process so that not only are residents messaged when items are placed on agendas, but also when real estate projects make changes that won't be discussed at a public hearing but would still be of interest to neighbors. Administrative approvals that don't rise to the level of public hearings would still be sent out to citizens. Joey Flechas: 305-376-3602, gjoeflech Never miss a local story. Sign up today for a free 30 day free trial of unlimited digital access. SUBSCRIBE NOW Q COMMENTS v SUBSCRIPTIONS http://www.miamiherald.com/news/local/community/miami-dade/miami-beach/article 1640... 9/27/2017