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Ordinance 2000-3277 ORDINANCE NO. 2000-3277 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ENTITLED "ADMINISTRATION", BY AMENDING ARTICLE III THEREOF, ENTITLED "AGENCIES, BOARDS, AND COMMITTEES", BY AMENDING DIVISION 6,ENTITLED "CULTURAL ARTS COUNCIL", BY AMENDING SUBSECTION 2-55(c), ENTITLED "APPOINTMENT AND TERM OF MEMBERS"; SUBSECTION 2-55(d), ENTITLED "FILLING VACANCIES"; AND SUBSECTION 2-55(e), ENTITLED "RENEWAL OF MEMBERS"; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. WHEREAS, on March 5, 1997, the Mayor and City Commission adopted Ordinance No. 97-3075, as codified in Chapter 2,Article III, Division 6, Sections 2-51 through 2-64 of the Miami Beach City Code, creating the Miami Beach Cultural Arts Council (the Council); and WHEREAS, the purpose of the Council is to develop, coordinate, and promote the performing and visual arts in the City of Miami Beach, for the enjoyment, education, cultural enrichments, and benefits of the residents of and visitors to the City; and WHEREAS, following a recommendation of the Mayor and City Commission to review same,the members of the Council would herein recommend that certain of the aforestated City Code provisions providing for the establishment of the Council be amended; specifically,those provisions providing for appointment and terms of members,the filling of vacancies of new members on the Council, and attendance requirements, such that these amendments would further strive to make the Council more diverse and inclusive of the City's population. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA: SECTION 1. That Miami Beach Code, Chapter 2, entitled"Administration", Article III, entitled "Agencies, Boards, and Committees", be amended to read as follows: Chapter 2 ADMINISTRATION Article III. Agencies, Boards, and Committees DIVISION 6. CULTURAL ARTS COUNCIL Sec. 2-55(c) Appointment and term of members. (c) The members of the Council shall be appointed at-large by majority vote of the Mayor and City Commission. The term of office for each member shall be two (2) three (34 years_; • however, of the members first appointed, four shall serve for one (1) ycar, and fivc for two (2)years. Effective December 31, 2000, concurrent with the expiration of the terms of four (4)members of the Council, and the resulting vacancies thereon,three (3) members shall be appointed for two (2)year terms each, and one (1) member shall be appointed for a one (1) year term. Effective December 31, 2001. concurrent with the expiration of the terms of six (6)members of the Council, and the resulting vacancies thereon,three (3) members shall be appointed for three (3)year terms each,provided that one of those appointments shall be to fill the vacancy of the one year term expiring on December 31. 2001, and three (3) members shall be appointed for two (2)year terms each. Additionally, effective December 31. 2002, no Council member may serve more than six (6) consecutive years; this provision shall be measured retroactively from the date of the initial appointments to the Council. No Council member who serves the maximum proscribed term limitations shall be appointed to the Council during the two (2) year period following the expiration of his/her term. Sec. 2-55(d) Filling vacancies. (d) Vacancies on the Council shall be filled by the Mayor and City Commission. In filling any vacancy,the Mayor and City Commission shal-1 may select a replacement Council member from a list of three (3) candidates to which shall be submitted by the remaining members of the Council. In the event that none of the candidates suggested meets Commission approval, The individual members of the City Commission may supplement the Council's suggested list with additional names of candidates or, if neither the candidates on the Council's suggested list nor the additional names submitted by the individual members of the City Commission are approved, the Council shall submit an entirely different list for the Mayor and City Commission's consideration. This process shall continue until a suitable replacement has been found to fill the existing or anticipated vacancy. The suggested list submitted by the Council for the Mayor and City Commission's consideration shall be submitted without specific recommendations or endorsements by the Council as to any particular name submitted therein, but may, in the event the name of a current Council member is submitted for reappointment, indicate, as a point of information to the Mayor and City Commission, that said name is that of an existing Council member. Sec. 2-55(e) Removal of members. (e) Council members shall serve at the pleasure of the Mayor and City Commission. Any member of the Council may be removed from office by a majority vote of the Mayor and CityCommission. • :. - -• -- - - - - --; :- ; . : ; . -- ; .-; . -- - ; ; - - three meetings within a period of one year. Council members shall be governed by the attendance requirements proscribed pursuant to Section 2-22(9) of the City Code. 2 SECTION 2. SEVERABILITY. If any section, subsection,clause or provision of this Ordinance is held invalid,the remainder shall not be affected by such invalidity. SECTION 3. 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 relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 4. REPEALER. All other ordinances of the City of Miami Beach or any part of said ordinances, in conflict herewith, be and the same are hereby repealed. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 18th day of November , 2000. PASSED and ADOPTED this 8th day of November , 2000. ATTEST: MAYOR Va-it&W CI CLERK A\lovTT APPROVED AS TOF\ RJATTO\AGURViESOS\CAC2-SS.ORD 1st reading 10/18/00 FORM & LANGUAGE 2nd reading 11/8/00 & FOR EXECUTION CeA �jttomey Date 3 CITY OF MIAMI BEACH er_n CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM NO.C° -00 TO: Mayor Neisen O.Kasdin and DATE: November 8,2000 Members of the City Commission FROM: Jorge M.Gonzalez City Manager SECOND READING SUBJECT: AN ORDINANCE F THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ENTITLED "ADMINISTRATION", BY AMENDING ARTICLE III THEREOF, ENTITLED AGENCIES, BOARDS, AND COMMITTEES", BY AMENDING DIVISION 6,ENTITLED "CULTURAL ARTS COUNCIL", BY AMENDING SUBSECTION 2-55(c), ENTITLED "APPOINTMENT AND TERM OF MEMBERS"; SUBSECTION 2-55(d), ENTITLED "FILLING VACANCIES"; AND SUBSECTION 2-55(e), ENTITLED "RENEWAL OF MEMBERS"; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. ANALYSIS The Mayor and City Commission established the Cultural Arts Council on March 5, 1997. On October 18,2000,the Mayor and City Commission approved the following amendments to the Council's Ordinance on first reading. Pursuant to Commission direction to amend the Council's Ordinance regarding the nominating process and staggered terms, the Cultural Arts Council staff met with the Legal Department to develop a systematic process for appointments and terms.The desire of the Commission was to create a more open process and greater turnover of board members. The Ordinance changes are as follows: Sec.2-55(c) Appointment and term of members. The term of office for all members will be three(3)years(amended from two(2)years)by December 31,2002.The staggered term process begins December 31,2000.Of the four vacancies on December 31,2000,three(3)members will be appointed for two (2)year terms each and one (1)member for a one(1)year term. g- SNA AGENDA ITEM DATE (( Cultural Arts Council Ordinance Amendment Page 2 On December 31, 2001, six (6) Council members' terms expire, and three (3) members will be appointed for three (3) year terms, including the vacancy of the one (1) year term expiring on December 31,2000,and three(3)members will be appointed for two (2)year terms. On December 31,2002,the three(3)vacancies will be filled and they will serve for three(3)years. At that time, one-third of the Council will become vacant each year. Effective December 31, 2002, no Council member may serve more than six(6)consecutive years(amended from eight(8)years).No Council member who serves the maximum proscribed term may be appointed during the two-year period following the expiration of his/her term. Sec. 2-55(d)Filling vacancies. The Council shall submit three (3)names per vacancy in an aggregate slate to the Mayor and City Commission without recommendation. In the event the name of a current Council member is submitted then the Council may indicate the incumbent member as a point of information. Also,the Mayor and Commissioners may add additional candidates to the Council's aggregate slate. Sec.2-55(e)Removal of members. The absence policy for monthly meetings will coincide with the City's policy allowing for a maximum absence rate of 33%in a calendar year. The Cultural Arts Council has recognized the Commission's desire to create a board whose composition changes more frequently yet provides continuity and familiarity with the arts. The proposed Ordinance will accomplish these objectives.Accordingly,the Mayor and City Commission should adopt the amended Ordinance on second and final reading. JMG:RS:DW:CC r:\AGENDA\20O\NOVOB00\REGULAR\ORDREV^1.WPD • N ..d U N U g 0 0 70O o U .n-o a N U o +' '" z � � z, U ced C7 cd 0 O -et- - � Hv O •an-o C W o (� Q