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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM Emergency File ID: #7442 Date: Commission Meeting Date: 05/28/2020 Type: Ordinance Subject: Emergency Legislation - Scheduling and Procedural Requirements Budget Impact Analysis Item has NO budget impact Legislative Division Office of Management and Budget Office of Management and Budget Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Requesting Department: Office of the City Attorney Sponsored By: District Impacted: All Reviewed B Valentin J Alvarez Aniska Elliott Christopher M Rose Amber Ketterer Barnaby L. Min Victoria Mendez Nicole Ewan Mayor's Office City Clerk's Office City Clerk's Office Legislative Division Review Budget Analyst Review Budget Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Completed Completed Completed Completed Completed Completed Completed Unsigned by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 05/12/2020 6:25 PM 05/13/2020 10:24 AM 05/14/2020 2:22 PM 05/14/2020 4:37 PM 05/14/2020 5:15 PM 05/18/2020 12:27 PM 05/28/2020 9:00 AM 06/02/2020 4:59 PM 06/02/2020 5:00 PM 06/02/2020 5:00 PM City of Miami File ID: 7442 (Revision:) Printed On: 5/2/2025 City of Miami Legislation Ordinance Enactment Number:13903 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7442 Final Action Date: 5/28/2020 (4/5TH VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, TEMPORARILY MODIFYING CERTAIN SCHEDULING, PROCEDURAL REQUIREMENTS, AND TIMING REQUIREMENTS UNDER SECTION 2- 32(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND THE MANNER AND REQUIREMENT THAT ANY PARTIES AND PARTICIPANTS, INCLUDING MEMBERS OF THE GENERAL PUBLIC, ARE SWORN IN FOR ANY PLANNING AND ZONING ITEMS AND QUASI- JUDICIAL HEARINGS DURING THE DECLARED LOCAL STATE OF EMERGENCY FOR THE NOVEL CORONAVIRUS ("COVID-19") PANDEMIC; MAKING NECESSARY FINDINGS; PROVIDING FOR AN EXPIRATION DATE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, on March 9, 2020, Florida Governor Ron DeSantis promulgated Executive Order 20-52 and declared a State of Emergency in Florida in response to the Novel Coronavirus ("COVID-19"), which was extended by Executive Order 20-114; and WHEREAS, under the provisions of law and Sections 252.31 - 252.60, Florida Statutes, on March 12, 2020, Mayor Francis X. Suarez of the City of Miami ("City") declared that a State of Local Emergency exists within the City in response to COVID-19; and WHEREAS, in accordance with the provisions of Section 252.38(3)(a), Florida Statutes, the Mayor has declared extensions to the State of Local Emergency in response to COVID-19 in and for the City; and WHEREAS, Miami -Dade County ("County") has issued several Emergency Orders associated with COVID-19, including Emergency Order 10-20 which provides that no group of ten (10) or more individuals shall gather on a public street, alley, public sidewalk, or government facility open to the public in the County, with limited exceptions; and WHEREAS, the City has been holding virtual public City Commission meetings due to COVID-19 pursuant to the Governor's Executive Order Number 20-69, as extended by Executive Order 20-112, which suspends any statutory requirement that physical quorum be present in order to hold a public meeting and permits local governments to use communications media technology to hold public meetings; and WHEREAS, the Safer at Home orders promulgated by the federal government, the State of Florida ("State"), the County, and the City call for the exercise of proper social distancing and sheltering in place to assist in reducing the spread of COVID-19; and WHEREAS, due to the effect of the Safer at Home orders, most City facilities have been shut down, public hearings have been cancelled, and routine City business has been significantly curtailed as the public has heeded the call to exercise proper social distancing and shelter in place in their homes; and City of Miami File ID: 7442 (Revision:) Printed On: 5/2/2025 WHEREAS, the effects of COVID-19 continue to require immediate actions by the City in order to protect the public's health, safety, and welfare; and WHEREAS, Section (4)(D)(1) of the Governor's Executive Order 20-52 provides that each municipality in the State is authorized to waive the procedures and formalities otherwise required of the political subdivision by law pertaining to the performance of public work and taking of whatever prudent action is necessary to ensure the public's health, safety, and welfare; and WHEREAS, in order to protect the health, welfare, and safety of its residents and employees, the City finds it necessary to temporarily modify certain scheduling and procedural requirements, including timing requirements under section 2-32(b) of the Code of the City of Miami, Florida, as amended ("City Code"), as well as the manner in which, and any requirement that, parties and participants, including members of the general public, are sworn in for any planning and zoning items and quasi-judicial hearings, including but not limited to pursuant to Section 7.1.4.5(a)(3) of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21"), during the declared Local State of Emergency for COVID-19; and WHEREAS, Section 2-32(b) of the City Code provides that proposed ordinances changing the actual list of permitted, conditional, or prohibited uses within a zoning category or changes to the Zoning Atlas of Miami 21 involving parcels of ten (10) contiguous acres or more shall be held after 5:00 p.m. at any City Commission meeting and pursuant to the provisions of Section 166.041(3)(c)(2), Florida Statutes, as amended; and WHEREAS, Section 166.041(3)(c)(2), Florida Statutes, as amended, provides that the governing body shall hold at least one public hearing after 5:00 p.m. on a weekday to consider any proposed ordinances changing the actual list of permitted, conditional, or prohibited uses within a zoning category, or changes to the actual zoning map designation of a parcel or parcels of land involving ten (10) contiguous acres or more, unless the local governing body, by a supermajority vote, elects to conduct that hearing at another time of day; and WHEREAS, the City Commission, by four -fifths (4/5ths) affirmative vote, wishes to temporarily allow the public hearings for the above -referenced types of ordinances to proceed before 5:00 p.m., which is consistent with Section 166.041(3)(c)(2), Florida Statutes; and WHEREAS, Section 7.1.4.5 of Miami 21 contains certain hearing requirements for conducting quasi-judicial hearings, to the extent possible, including but not limited to Applicants, staff, and all Participants requesting to speak be collectively sworn by oath or affirmation pursuant to Section 7.1.4.5(a)(3) of Miami 21; and WHEREAS, Section 7.1.4.3(a) of Miami 21 defines Applicant as the owner of record, the owner's agent, or any person with a legal or equitable interest in the property for which an application or appeal thereof has been made and which is subject to quasi-judicial proceedings, and shall mean the staff when the application is initiated by the City; and WHEREAS, Section 7.1.4.3(f) of Miami 21 defines Participants as members of the general public, other than the Applicant, including experts and representatives of local governments and governmental agencies, who offer testimony at a quasi-judicial hearing for the purpose of being heard on an application; and WHEREAS, Section 7.1.4.3(g) of Miami 21 defines Party as the Applicant, City staff, and any person recognized by the Decision -making body as a qualified Intervenor; and City of Miami File ID: 7442 (Revision:) Printed On: 5/2/2025 WHEREAS, pursuant to Sections 286.0114 and 286.0115, Florida Statutes, there is no statutory requirement for members of the general public to be sworn as witnesses in quasi- judicial hearings; and WHEREAS, pursuant to Section 286.0115(2)(b), Florida Statutes, a party or party - intervenor in a quasi-judicial proceeding on local government land use matters, upon request by another party or party -intervenor, shall be sworn as a witness, shall be subject to cross- examination by other parties or party -intervenors, and shall be required to be qualified as an expert witness, as appropriate; and WHEREAS, the Governor's Executive Order Number 20-69, as extended by Executive Order 20-112, allows utilization of communications media technology ("CMT") pursuant to Section 120.54(5)(b)(2), Florida Statutes; and WHEREAS, Fla. Admin. Code Ann. R. 28-109.006, titled "evidence, testimony, and argument", which was enacted pursuant to Section 120.54(5)(b)(2), Florida Statutes, states that any evidence, testimony, and argument which is offered utilizing CMT shall be afforded equal consideration as if it were offered in person, shall be subject to the same objections, and, in situations where sworn testimony is required by the agency, persons offering such testimony shall be responsible for making appropriate arrangements for offering sworn testimony; and WHEREAS, the City Commission finds it necessary to temporarily suspend any requirement of members of the general public to be sworn in for any planning and zoning as well as quasi-judicial hearings; and WHEREAS, the City Commission further finds it necessary to temporarily allow Parties, including any Applicant, Appellant, Appellee, City staff, and any person recognized by the Decision -making body as a qualified Intervenor, as well as the Applicant's representatives and any experts testifying on behalf of the Applicant, Appellant, or Appellee to either be present at the quasi-judicial hearing location to be sworn in by oath or affirmation by the City Clerk or to make arrangements to be sworn in by oath or affirmation in -person remotely at their location by an individual qualified to perform such duty; and WHEREAS, a Party or Applicant may be required to execute a release, hold harmless, and indemnification agreement to proceed with its request during the COVID-19 pandemic as indicated herein; and WHEREAS, any physical and in -person proceedings will include, as appropriate, certain social distancing requirements, screenings, and protective measures consistent with all Federal, State, and Local Emergency Orders, Executive Orders, and guidelines in order to protect the health, safety, and welfare of the employees and residents of the City; and WHEREAS, pursuant to Section 166.041(3)(b), Florida Statutes, the City Commission finds that this emergency ordinance is necessary on the grounds of an urgent need for the continuity of services for City residents and for the preservation of health, safety, welfare, or property of the public; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. The City Commission hereby temporarily modifies certain scheduling and procedural requirements, including timing requirements under Section 2-32(b) of the City Code, City of Miami File ID: 7442 (Revision:) Printed On: 5/2/2025 and the manner in which, and any requirement that, Parties and Participants, including members of the general public, are sworn in for any planning and zoning items and quasi- judicial hearings during the declared Local State of Emergency for the COVID-19 pandemic as stated herein. Section 3. The City Commission, by a four -fifths (4/5ths) affirmative vote, hereby temporarily allows public hearings for ordinances changing the actual list of permitted, conditional, or prohibited uses within a zoning category, or changes to the actual zoning map designation of a parcel or parcels of land involving ten (10) contiguous acres or more to proceed before 5:00 p.m., which is consistent with Section 166.041(3)(c)(2), Florida Statutes. Section 4. The City Commission hereby temporarily suspends for any planning and zoning items as well as quasi-judicial hearings any requirement of members of the general public who are not parties to an action pending before the City Commission to be sworn in. Section 5. The City Commission further temporarily allows for Parties of any planning and zoning items, including any Applicant, Appellant, Appellee, City staff, and any person recognized by the Decision -making body as a qualified Intervenor, as well as the Applicant's representatives and any experts testifying on behalf of the Applicant, Appellant, or Appellee, to either be physically present at City Hall to be sworn in by oath or affirmation by the City Clerk or to appear virtually and make arrangements to be sworn in by oath or affirmation in -person at their location by an individual qualified to perform such duty. Section 6. This Emergency Ordinance shall only apply to planning and zoning items as well as quasi-judicial hearings held during the COVID-19 Local State of Emergency and shall automatically expire upon the termination or expiration of all Federal, State, and Local Declarations of State of Emergency. Section 7. No other section, paragraph, clause, phrase, or word of Miami 21 or the City Code, except those identified herein, shall be modified, amended, or suspended by this Emergency Ordinance. Section 8. If any section, part of a section, paragraph, clause, phrase, or word of this Emergency Ordinance is declared invalid, the remaining provisions of this Emergency Ordinance shall not be affected. Section 9. This Emergency Ordinance shall become effective immediately after final reading and adoption thereof.' APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 5/18/2020 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the Citv Commission ornnon the effective date stated herein whichever is later City of Miami File ID: 7442 (Revision:) Printed On: 5/2/2025