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R9E-Discuss Resolution 2013-28437 Revisiting Commission Committee Provisions& -7 t',4lAi\AIBEACH OFFICE OF THE CITY ATTORNEY RAULJ. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City Commission Jimmy L. Morales, City Manager FROM: Raul Aguila, City Attorn "V lZ^,L C' L DATE: December 17,2014 SUBJECT: Resolution 2013-28437 (December 11, 2013) Direction from the City Commission on voting and meetings. BACKGROUND On December 11, 2013, the City Commission passed Resolution No.: 2013-28437, which amended the list of City Commission Committees to include the Flooding and Sea Level Rise Committee. The Resolution also confirmed that the Mayor may serve as one of three members of any Commission Committee, may serve as the alternate member on any Commission Committee on which the Mayor does not serve as a member, and appoint chairpersons and vice chairpersons for each Committee. Simultaneous with enactment, the Commission additionally directed that the resolution be brought back before the City Commission in a year. Attached is a copy of the underlying resolution. Agenda ttem rQ?EDate tz-t7=19 F:\ATTO\EAB\Resos\COMMMEMO\Re 2013-28437 [Mayor may serye on any committee] 713 RESOLUTION NO. 2013-28437 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 94.21382, AS AMENDED BY RESOLUTION NOS. 97-22607,98. 22693, AND 2003-25446, BY AMENDING PARAGRAPH 1TO ESTABLISH A FLOOD MITIGATION COMMITTEE; BY AMENDING PARAGRAPH 2 TO PROVIDE THAT THE MAYOR MAY SERVE AS AN ALTERNATE MEMBER ON ANY CITY COMMISSION COMMITTEE; BY AMENDING PARAGRAPH 3 TO PROVIDE THAT THE MAYOR SHALL APPOINT A CHAIRPERSON AND VICE CHAIRPERSON FOR ALL CITY COMMISSION COMMITTEES; AND BY AMENDING PARAGRAPH 4 REGARDING THE PROCEDURES FOR THE CALLING AND HOLDING OF'MEETINGS. WHEREAS, pursuant to Resolution No. 94-21382, the City Commission established City Commission Committees to examine facts and issues relating to matters relating to land use and development, capital improvements and finance, and community issues; and WHEREAS, over the years, various amendments have been made to Resolution No. 94- 21382 by Resolution Nos. 97-22607,98-22693, and 2003-25446 to amend the provisions for City Commission Committees relative to membership, participation, purpose, and the selection ofchairpersons and vice chairpersons; and WHEREAS, the Mayor and City Commission wish to establish an additional City Commission Committee to address flooding and sea level rise issues in the City, to provide that the Mayor may serve as an altemate member on any City Commission Committee, to provide that the Mayor shall appoint the chairperson and vice chairperson for all City Commission Committees; and to amend the provisions regarding the procedures for the calling and holding of meetings. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows: I. Paragraph I of Resolution No. 94-21382, as amended by Resolution Nos. 97- 22607,98-22693, and 2003-25446, is hereby amended as follows: 1. +lree-(+) Four (4) Committees shall be established to examine in depth facts and issues relating to matters in which the Mdyor and City Commission may need to act and to advise the Mayor and City Commission of their findings and their recommendations relating to those 714 II. matters. The three-(3) four (4) Committees shall be as follows and shall generally have the following purposes: a. the Land Use and Development Committee shall hear matters related to planning and zoning issues and issues related to specific public and/or private development projects; b. the Finance and City-Wide Projects Committee shall hear issues related to municipal finance and City-wide capital improvement projects; c. the Neighborhood/Community Affairs Committee shall address issues related to the quality of. life, including improvement programs relating to the various neighborhoods throughout the City and shall address issues of concern or interest to the Miami Beach community,; end d. the Flood Mitigation Committee shall address issues related to flooding and sea level rise in the Citv. Paragraph 2 of Resolution No. 94-21382, as amended by Resolution 22693 and 2003-25446,is hereby amended as follows: 2. Each Committee shall have three (3) voting members who shall be comprised of members of the City Commission selected by the Mayor; iln addition, each Committee shall have an alternate member selected by the Mayoq; provided, however, that the Mayor may serve as one of the three (3) members of any Committee or ma]r serve as the alternate member on any Committee on which the Mayor does not serve as a member. In the event that one or more of the three (3) members comprising a specific Committee are not present at a Committee meeting the altemate member may participate and vote on any issue before his or her designated committee and may serve for purposes of establishing a quorum. If the altemate member is unable to serve. the Mayor may serve as the alternate member (provided. however. that the Ma)ror is not already serving as a member. or alternate member. of such Committee). Notwithstanding the above, City Commission members who are not Committee members, or serving as an alternate member in the place of an absent Committee Nos. 98- 715 member, may participate in the discussion of any issue before any Committee. IIII. Paragraph 3 of Resolution No. 94-21382, as amended by Resolution Nos. 97- 22607 and2003-25446, is hereby amended as follows: 3. Eaeh*emn*i*ee The Ma]ror shall seleeFie apooint a chairperson and vice chairperson for each committee. The term of service for each chairperson or vice chairperson shall be one year. Paragraph 4 of Resolution No. 94-21382 is hereby amended as follows: 4. Meetings shall be held when called by the chairpersory or, in his/her absence. by the vice chairpersonrand-shall-be whieFthe-e is ne ether seheduled meeting ef the Mayer @issien and shall be held in the City Commission Chambers unless the chairperson or. in hisftrer absence. the vice chairperson determines that eood cause exists for the holdine of a meeting in another location. In addition. meetings shall be video and audio recorded and shall be broadcast live on the Miami Beach cable channel or videotaped for postine on the City's website within a reasonable time following the conclusion of the meeting. Notwithstanding the foregoing, the Mayor and City Commission reserve the right to assign such other matters they may deem appropriate, to be addressed by one or all of the aforestated Committee s. PASSED and ADOPTED this I ln day of December,2}l3. ATTEST: & LANGUAGE Iv. APPROVED AS TO ls/tolrz. 716 E MIAMIBEACH OFFICE OF THE CIIY ATTORNEY JOSE SMITH, CITY ATTORNEY TO: FROM: DATE: SUBJECT: December 4,2013 RESOLUTION AMENDING RESOLUTION NO. 94.21382,A5 AMENDED BY RESOLUTTON NOS. 97-22607, 98-22693, AND 2003-25M6, PERTAINING TO THE ESTABLISHMENT OF CITY COMMISSION COMMITTEES At the request of Mayor Levine, the City Attorney's Office has prepared the attached amendment to the above referenced Resolution, pertaining to the establishment of, and policies and procedures governing, City Commission committees, to provide for the following: 1. ln addition to the three (3) existing City Commission committees (Land Use, Finance, and Neighborhoods), the Mayor proposes the establishment of a fourth committee to address flooding issues throughout the City; 2. The current Resolution provides that each Commission committee shall have three (3) voting members selected by the Mayor and one (1) altemate member (also selected by the Mayor, in the event that one of the three existing members is not present). The Mayor may also serve as one of the three (3) members of any Commission committee. Mayor Levine requests that the legislation be amended to provide that the Mayor may serve as the alternate member on any Committee on which the Mayor does not serve as a member; 3. Mayor Levine requests that the Resolution be amended to go back to the original policy, allowing the Mayor to select the chairperson and vice'chairperson of each Commission Committee (as stated, this authority was originally vested in the Mayor, prior to being amended pursuant to Resolution 2003-25446); and COMMISSION MEMORANDUM Mayor Philip Levine and lers of the City Commission Jose Smith, City Atto Jimmy L. Morales, Ci 717 THIS PAGE INTENTIONALLY LEFT BLANK 718