R9E-Discuss Resolution 2013-28437 Revisiting Commission Committee Provisions&
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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]
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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
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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-
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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.
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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
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