2011-3724 Ordinance ORDINANCE NO. 2011 -3724
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, BY AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE II,
"CITY COMMISSION," BY ENACTING A NEW SECTION 2 -12, "MEETING
AGENDAS," REQUIRING PROPOSED ORDINANCES AND CHARTER
AMENDMENTS THAT APPEAR ON A CITY COMMISSION OR COMMISSION
COMMITTEE AGENDA TO HAVE A COMMISSIONER SPONSOR
IDENTIFIED; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY;
AND AN EFFECTIVE DATE.
WHEREAS, the consideration and adoption of proposed ordinances and charter
amendments are a legislative function vested by the City Charter in the City Commission; and
WHEREAS, the placement of ordinances and charter amendments on the City
Commission agenda, or the agenda of City Commission Committees, should have some
oversight by the Mayor and members of the City Commission; and
WHEREAS, this oversight is efficiently and effectively accomplished by requiring the
identification of a Commission sponsor of any proposed ordinances and charter amendments at
the time of their placement on the City Commission or City Commission Committee agendas.
WHEREAS, consistent with the City of Miami Beach Charter, this ordinance will help
uphold the principles of separation of powers, and checks and balances, and improve
transparency in government; and
WHEREAS, this ordinance accomplishes the above objectives.
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE MAYOR AND MEMBERS
OF THE COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION ONE. Chapter 2, "Administration," Article II, "City Commission," of the Miami Beach
City Code, is hereby amended by the addition of a new Section 2 -12, "Meeting Agendas," as
follows:
Sec. 2 -12. Meeting Agendas.
2 -12. Meeting Agendas.
(a) Statement of Legislative Intent: Consistent with the City of Miami Beach Charter, this
ordinance will help uphold the principles of separation of powers and checks and balances. It
will also lend to improving transparency in government.
(b) Any proposed ordinance or charter amendment that appears on the agenda of a City
Commission Meeting for discussion and /or approval by the Mayor and City Commission must
have the name of the Mayor and /or one or more members of the City Commission, placed
prominently next to it as the sponsor of the legislation. This requirement also applies to
ordinances or charter amendments on any agenda of a Committee of the City Commission.
(c) The following are excepted from the requirements of this section:
(1) Applications for amendments to the land development regulations filed by appointed
boards or property owners pursuant to section 118- 162(a) or (b) of the City Code.
(2) Resolutions, discussion items not scheduled for first reading as an ordinance, and
referrals to boards or committees proposed by the City Manager or City Attorney.
SECTION TWO. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be
and the same are hereby repealed.
SECTION THREE. 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 Miami Beach as amended;
that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION FOUR. SEVERABIL.ITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION FIVE. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 1___ da y of %et , 2011.
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Commission
FROM: Jose Smith, City Ater ey
DATE: May 11, 2011 SECOND READING AND
PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, BY AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE II, "CITY
COMMISSION," BY ENACTING A NEW SECTION 2 -12, "MEETING
AGENDAS," REQUIRING PROPOSED ORDINANCES AND CHARTER
AMENDMENTS THAT APPEAR ON A CITY COMMISSION OR COMMISSION
COMMITTEE AGENDA TO HAVE A COMMISSIONER SPONSOR IDENTIFIED;
PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN
EFFECTIVE DATE.
RECOMMENDATION
The City Commission should hold the second reading public hearing and consider this ordinance for
adoption based on the recommendation of the Land Use and Development Committee.
BACKGROUND
The subject ordinance was originally placed on the January 19, 2011 agenda of the City Commission at
the request of Commission Wolfson. The Commission approved the ordinance on first reading. The
ordinance was discussed at the Land Use and Development Committee ( "LUDC ") meeting of February
23, 2011, and the Committee continued the item for further discussion to its March meeting, at which time
it was further continued for additional discussion. The LUDC discussed the ordinance at its meeting of
April 21, 2011, and proposed modifying it in three respects: (1) It clarified that one or more members of
the City Commission could sponsor the ordinance; (2) It clarified that sponsorship would be required of
ordinances and charter amendments on any agenda of a Committee of the City Commission; and (3) It
removed the exception for discussion items, from items that the City Manager or City Attorney could place
on a City Commission agenda. This third action limited the items the City Manager or City Attorney may
place on the City Commission agenda to resolutions, and referrals to boards or committees.
The adoption of proposed ordinances is a legislative function vested by the City Charter in the City
Commission. The placement of ordinances on the City Commission agenda, or the agenda of City
Commission Committees, should have oversight by the Mayor and members of the City Commission.
This oversight is efficiently and effectively accomplished by requiring the identification of a Commission
sponsor of any proposed ordinances at the time of its placement on the City Commission or City
Commission Committee agendas. Consistent with the City of Miami Beach Charter, this ordinance will
help uphold the principles of separation of powers, and checks and balances, and improve transparency
in government.
Agenda Item P$
Date S- I /- /I
May 11, 2011
Sponsorship Ordinance
Second Reading and Public Hearing
Page 2 of 2
Following discussion, the LUDC has recommended the following exceptions to the ordinance:
1. Applications for amendments to the land development regulations filed by appointed boards or
property owners pursuant to section 118- 162(a) or (b) of the City Code. These amendments arise from
consensus of the appointed land use boards, or from private applications from property owners.
2. Resolutions, and referrals to boards or committees. If the concern is the placement of items
for first reading on a City Commission agenda by the Administration or the City Attorney's Office without
review first by one or more members of the City Commission, these exceptions identify items that don't
require immediate legislative action by the City Commission, but rather involve the referral of such items
for further discussion by Commission Committees or the City's land use boards.
One of the responsibilities of the City Attorney, according to the Charter, is to recommend to the City
Commission for adoption, "such measures as he or she may deem necessary or expedient." City
Charter, Section 3.01(e). As for amendments to the land development regulations, the City Code
requires: "Matters submitted by the city manager or city attorney shall first be referred to the city
commission." City Code, Section 118- 162(a). Allowing the City Attorney, and by cooperation with the
City Manager, to place such items on the agenda for referral as may be "necessary or expedient," this
exception allows the City Attorney to fulfill his or her obligation without unnecessary procedural
complication.
The City Attorney and City Manager respectfully recommend that "discussion items" remain in subsection
(2) as an exception to the ordinance, so that this is a further exception to the list of items that the City
Manager and City Attorney are authorized to place on the City Commission agenda without a sponsor.
As long as the item is discussed only, and not scheduled for first reading as an ordinance at the same
time, including this as an exception advances the discussion by the full City Commission at a
Commission meeting of important matters that may need to be brought to its attention without the need
to obtain a sponsor for this purpose.
Whether these amendments should also obtain a City Commission sponsor before proceeding is a policy
decision for the City Commission to make.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the
long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the
City Administration evaluated the long term economic impact (at least 5 years) of this proposed
legislative action. The proposed ordinance, if enacted, would not have any long term economic impact
(at least 5 years) on the City or its budget.
CONCLUSION
The City Commission should hold the second reading public hearing and consider this ordinance for
adoption based on the recommendation of the Land Use and Development Committee.
JS /GMH
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AVA AAA 1 BEAC H
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jorge M. Gonzalez, City Manager
Robert Parcher
Jose Smith, Esq.
FROM Jonah Wolfson, Commissione
DATE: January 10, 2011
SUBJECT: Agenda Item — Ordinance Regarding
Meeting Agendas
Please place the attached ordinance on the agenda for first reading. The ordinance
requires all legislation that is placed on any agenda of the City Commission to have a
Commission sponsor. The City Charter is consistent with this concept as the Commission
is the only law making branch mentioned in that document.
If you have any questions, please contact Leonor Hernandez at extension 6437.
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2- 1 2. Meting Agendas.
Any proposed legislation or ordinance that appears on the agenda of a City Commission
Meeting for discussion and/or approval by the Mayor and City Commission must have
the name of the Mayor and/or a City Commissioner placed prominently next to it as the
sponsor of the legislation. This requirement also applies to any agenda of a Committee of
the City Commission.