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Ordinance 2019-4233 ORDINANCE NO. 2019-4233 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 26, AND SECTIONS 2-190.106 THROUGH 2-190.111 THEREOF, ENTITLED "RESERVED," TO ESTABLISH THE "GENERAL OBLIGATION BOND OVERSIGHT COMMITTEE," AND TO SET FORTH THE PURPOSE, POWERS AND DUTIES, COMPOSITION, KNOWLEDGE AND EXPERIENCE, AND SUPPORTING DEPARTMENTS FOR THE COMMITTEE; AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, due to the passage of three ballot questions approving General Obligation (G.O.) Bond Program projects during the City of Miami Beach Special Election held on November 6, 2018, a G.O. Bond Oversight Committee should be created as set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Sections 2-190.106 through 2-190.111 of Article Ill of Chapter 2 of the Code of the City of Miami Beach are hereby amended as follows: CHAPTER 2 ADMINISTRATION * * ARTICLE III. AGENCIES, BOARDS AND COMMITTEES * * * DIVISION 26. Reserved,- GENERAL OBLIGATION BOND OVERSIGHT COMMITTEE Sec. 2-190.106. Redd- Established. There is hereby established the General Obligation Bond Oversight Committee which is an advisory board of the City. Sec. 2-190.107. Re7�d. Purpose. The purpose of the General Obligation Bond Oversight Committee is to make advisory recommendations to the City Manager and the City Commission from a macro perspective regarding the timely progress, overall goals, costs, including financial efficiencies, and the timely completion of General Obligation Bond Program ("G.O. Bond Program") projects approved by the voters in the City of Miami Beach Special Election held on November 6, 2018. Sec. 2-190.108 Reserved. Powers and duties. The General Obligation Bond Oversight Committee shall have the following powers and duties: (a) receive input from the public, the City Administration, City consultants, and the City's Inspector General, as needed, in order to make recommendations relative to the overall timing, cost efficiencies, and prioritization of the G.O. Bond Program projects; (b) provide general oversight to ensure that G.O. Bond Program project timelines, budgets (including cost efficiencies) are prioritized and achieved, and that the projects are completed in accordance with the scope of work approved by the voters; and (c) review City staff and G.O. Bond Program project managers' progress reports, and provide monthly reports to the City Commission. Sec. 2-190.109. Recrc�d. Composition. The General Obligation Bond Oversight Committee shall be composed of ninc (J) eleven (11) members as follows: (a) Six (6) at-large, voting members, with staggered terms, within each geographic area, to be appointed by the City Commission as follows: 1. two City residents from the North Beach area; 2. two City residents from the Mid-Beach area; and 3. two City residents from the South Beach area. However, for the initial one-year and two-year terms, the above six voting members shall be direct appointments of the Mayor, subject to ratification or modification by majority vote of the City Commission. (b) One direct appointment by the Mayor who shall be a voting member and a resident of any area of the City, and who shall serve as chair of the Committee. 2 (c) Four ex-officio, non-voting members as follows: 1. the chair a designee of the City's Audit Committee; 2. the chair a designee of the Cit 's Parks and Recreational Facilities Board. 3. the chair a designee of the City's Budget Advisory Committee; and 4. the chair a desi.nee of the Cit 's Sustainabilit Committee. (d) The voting members shall serve two-year terms. 1. The term limits for the voting members set forth in subsection (a)(1)-(3) shall be governed by the term limits set forth in Section 2-22(5)(b) of the City Code for at-large appointees. 2. The term limits for the chair of the Committee shall be governed by the term limits set forth in Section 2-22 (5)(a) of the City Code for direct appointees. Sec. 2-190.110. Reeved- Knowledge and Experience. Each of the seven (7) voting members must demonstrate a high degree of knowledge or expertise in one or more of the following areas or disciplines: 1. Banking/Finance; 2. Construction; 3. Real Estate Development; 4. Construction Management; 5. Recreational Facilities Management/Design; 6. Architecture; T Landscape Design/Landscape Architecture; 8. Public Safety/Security Systems; 9. Public Works; 10.Public Facilities; 11.Engineering; 12.Urban Planning/Design; 13.Resiliency/Environmental Management; 14.Communications; or 15.Neighborhood Leadership. 3 Sec. 2-190.111. Reserved,- Supporting Departments. The supporting departments for the General Obligation Bond Oversight Committee shall be the City Manager's Office, the Finance Department, and the Capital Improvements and Projects Department. The City Attorney's Office shall provide counsel to the Committee, and the City's Office of the Inspector General shall provide oversight. 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, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 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 part of the Miami Beach City Code. 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 5. EFFECTIVE DATE. This Ordinance shall take effect on the day of Jokuar , 2019. PASSED AND ADOPTED this /6 day of -7C/it.„-_ , 2019. ATTEST: --- ` Dan Gelber, Mayor 1/31 I9 Rafael E. r-nado, Ci y Clerk 4„ B E X44% . . `� �i APPROVED AS TO ? FORM & LANGUAGE Underline denotes additions ‘ 9S & FOR EXECUTION Strikethrough denotes deletions g> �-�'; """4� Q Double underline denotes addition 1after First '- .9.0 (0.(7-11 denotes deIet,0ns 4ft'er Read.'rnc�,7.'_ aryAttorney D (Sponsored by Mayor Dan Gelber) ,.:: 1../H 2 F:\ATTO\TURN\ORDINANCE\GO Bond Committee Ordinance 2nd Rdg-Version docx 4 Ordinances - R5 D M IAIBEAH NI COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, City Attorney DATE: January 16, 2019 10:15 a.m. Second Reading Public Hearing SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE ILL, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 26, AND SECTIONS 2-190.106 THROUGH 2-190.111 THEREOF, ENTITLED "RESERVED," TO ESTABLISH THE "GENERAL OBLIGATION BOND OVERSIGHT COMMITTEE," AND TO SET FORTH THE PURPOSE, POWERS AND DUTIES, COMPOSITION, KNOWLEDGE AND EXPERIENCE, AND SUPPORTING DEPARTMENTS FOR THE COMMITTEE; AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. RECOMMENDATION Please see attached Memorandum. Legislative Tracking Office of the City Attorney Sponsor Mayor Dan Gelber ATTACHMENTS: Description ❑ Memorandum for 2nd Rdg. ❑ Ordinance 2nd Rdg. Page 873 of 1648 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J. Aguila, City Attorney DATE: January 16, 2019 SECOND READING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 26, AND SECTIONS 2-190.106 THROUGH 2-190.111 THEREOF, ENTITLED "RESERVED," TO -ESTABLISH THE "GENERAL OBLIGATION BOND OVERSIGHT COMMITTEE," AND TO SET FORTH THE PURPOSE, POWERS AND DUTIES, COMPOSITION, KNOWLEDGE AND EXPERIENCE, AND SUPPORTING DEPARTMENTS FOR THE COMMITTEE; AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Pursuant to Commission Agenda Item C4B, sponsored by Mayor Dan Gelber on the November 14, 2018 City Commission agenda, a discussion was referred to the November 30, 2018 Finance and Citywide Projects Committee (FCWPC) meeting regarding the composition and qualifications for membership on a proposed General Obligation (G.O.) Bond Oversight Committee. At the November 30, 2018 FCWPC meeting, two proposed Ordinances were considered and discussed. The attached draft Ordinance reflects the suggestions recommended by the FCWPC relative to the addition of the chairs of the City's Budget Advisory Committee and Sustainability Committee as ex-officio members, and the addition of a category of "Neighborhood Leaders" as a knowledge or experience criteria. Additional clarifying language as to terms for Committee members was added in subsections 2- 190.109(a) and (d). As set forth in the proposed Ordinance, the G.O. Bond Committee would be tasked solely with oversight duties and would not have any authority to act, other than in an advisory capacity to the City Manager and City Commission. The proposed G.O. Bond Committee's limited oversight and advisory powers are specifically intended to avoid the problems associated with prior G.O. Bond committees, namely the exercise of de facto powers as to project design and scope enhancements that resulted in costly design changes and project delays. Page 874 of 1648 Commission Memorandum G.O. Bond Committee January 16, 2019 This Ordinance was heard on First Reading at the December 12, 2018 City Commission meeting. At the meeting, minor revisions were approved with respect to: a) the City Commissioner's authority to modify, as well as ratify, the Mayor's appointments for the Committee members' initial terms and b) the designation of the ex-officio members by the other boards or committees they represent, rather than such ex-officio members being the chairs of such other boards or committees. As the General Obligation Bond Oversight Committee would be a new committee, a 517th vote of the City Commission is required to pass this Ordinance pursuant to Section 2-27 of the City Code. • Page 875 of 1648 Agenda Item Rs D Date 1-16-19 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: Members of the City Commission Jimmy Morales, City Manager Raul J. Aguila, City Attorney FROM: Mayor Dan Gelber SUPPLEMENTAL MEMORANDUM DATE: January 16, 2019 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III, ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING DIVISION 26, AND SECTIONS 2-190.106 THROUGH 2-190.111 THEREOF, ENTITLED "RESERVED," TO ESTABLISH THE "GENERAL OBLIGATION BOND OVERSIGHT COMMITTEE," AND TO SET FORTH THE PURPOSE, POWERS AND DUTIES, COMPOSITION, KNOWLEDGE AND EXPERIENCE, AND SUPPORTING DEPARTMENTS FOR THE COMMITTEE; AND, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Under the above-referenced Ordinance, I am authorized to make the initial one-year and two-year term appointments for the six (6) at-large voting members pursuant to Section 2- 190.109(a). My initial direct appointments for the six (6) at-large voting members are as follows and are submitted for ratification or modification by a majority vote of the City Commission: Two City Residents from the North Beach Area • To be submitted • Wendy Squire (initial one-year term) Two City Residents from the Mid-Beach Area • Yechiel Ciment • Jack Glottmann (initial one-year term) Two City Residents from the South Beach Area • Jason Greene • Marie Peter(initial one-year term) My direct appointment of the chair of the G.O. Bond Oversight Committee under Section 2-190.109(b) is not subject to ratification or modification by the City Commission and is as follows: Chair, G.O. Bond Oversight Committee • Karen Rivo C:\Users\CLERGraR\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\QVNOYGJE\G.O.Bond Oversight Committee Supplemental Memo.docx