R7P-Amend Commission Agenda Items Policy And Committee Item Requirements -Steinr.-,.-"
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OFFICE OF THE CITY ATTORNEY
RAUL]. AGUILA, CITY ATTORNEY
TO:
COMMISSION MEMORANDUM
Mayor Philip Levine
Members of the City Commission
City Manager Jimmy Morales
FROM:
DATE:
SUBJECT:
1.
2.
Pursuant to the request of Commissioner Micky Steinberg, the attached
companion Resolutions are submitted for consideration by the Mayor and City
Commission. The proposed Resolutions will provide greater transparency, efficiency,
and meaningful participation by the members of the City Commission and the public
with regard to City Commission and Commission Committee meetings.
Resolution 1 amends the City Commission meeting agenda policy established in
Resolution No. 91-20421 with regard to the submission schedule for City Commission
meeting agenda items. This Resolution will amend the policy to require that sufficient
detail and information be provided in published City Commission agenda items so that
March 11,2015
Amend Commission Meeting Agenda ltems Policy And
Commission Commiftee Agenda Item Requirements.
A Resolution amending Resolution No. 91-20421to establish a policy that
items published in City Commission meeting agendas include sufficient
detail and information for the City Commission and the public to evaluate
the items in a reasonable and timely manner and clarifying the policy set
forth in Resolution No. 91-20421 regarding the submission schedule for
agenda items considered at City Commission meetings.
A Resolution amending Resolution No. 94-21382 concerning Commission
Committees, and as subsequently amended by Resolution Nos. 97-22607,
98-22693, 2003-25446, 2013-28437, and 2015-28905, by creating a new
paragraph 5 to establish a requirement that items published in
Commission Committee agendas shall include sufficient detail and
information for the Committee and the public to evaluate the items in a
reasonable and timely manner.
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the City Commission and the public may evaluate the items in a reasonable and timely
manner. The Resolution will also clarify the policy with regard to the printing of City
Commission meeting agendas to conform to the current practice whereby agendas are
printed on Wednesdays instead of Fridays. Under the amended policy, the initial print
day of the agenda shall be "no later than" the Friday preceding a regularly scheduled
City Commission meeting.
Resolution 2 amends Resolution No. 94-21382, as subsequently amended by
Resolution Nos. 97-22607, 98-22693, 2003-25446, 2013-28437, and 2015-28905, to
create a new paragraph 5 establishing a requirement that items published in
Commission Committee agendas shall include sufficient detail and information for the
Committee and the public to evaluate the items in a reasonable and timely manner.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
RESOLUTION NO. 91-20421 TO ESTABLISH A POLICY
THAT ITEMS PUBLISHED IN CITY COMMISSION MEETING
AGENDAS INCLUDE SUFFICIENT DETAIL AND
INFORMATION FOR THE CITY COMMISSION AND THE
PUBLIC TO EVALUATE THE ITEMS IN A REASONABLE
AND TIMELY MANNER AND CLARIFYING THE POLICY SET
FORTH IN RESOLUTION NO. 91.20421 REGARDING THE
SUBMISSION SCHEDULE FOR AGENDA ITEMS
CONSIDERED AT CITY COMMISSION MEETINGS.
WHEREAS, in orderto enable the City Commission to fully review, evaluate and respond to
matters requiring Commission action, it is vital that all such items be contained in Commission
agendas submitted to the Mayor and City Commissioners according to a submission schedule; and
WHEREAS, forpurposesof establishing uniformityinthesubmission of Commission agenda
items and in the compilation of said agendas, the City Commission passed and adopted Resolution
No. 91-20421 on December 18, 1991 which established a policy regarding the submission schedule
for items submitted for City Commission consideration at City Commission meetings; and
WHEREAS, pursuantto Resolution No. 91-20421,the City Commission established a policy
that "... items for Commission consideration shall be published in an agenda and submitted to the
Mayor and City Commissioners on or before the Fridays preceding regularly scheduled City
Commission meetings, and in those instances when a meeting is specially set, submission shall be
at least three working days prior to said meetings, with the further requirement that any item not
meeting this submission schedule shall be discussed at a City Commission meeting only upon a
finding by the Commission by a five-sevenths affirmative vote that such item constitutes an
'emergency matter' and should be considered immediately"; an emergency matter was further
"defined as a matter which, if delayed to a subsequent meeting, may be prejudicial or detrimental to
the best interests of the City of Miami Beach"; and
WHEREAS, the City Commission wishes to amend the policy established in Resolution No.
91-20421 to provide that items published in City Commission meeting agendas shall include
sufficient detail and information for the City Commission and the public to evaluate the items in a
reasonable and timely manner in order to provide greater transparency, efficiency, and meaningful
participation by the members of the City Commission and the public; and
WHEREAS, due to the current practice of printing the City Commission meeting agendas on
Wednesdays instead of Fridays, the following clarification should also be made to the policy set forth
in Resolution No. 91-20421, in addition to the aforestated amendment, as follows:
... items for Commission consideration shall be published in an agenda.
shall include sufficient detail and information forthe Citv Commission and
the public to evaluate the items in a reasonable and timelv manner, and
be submitted to the Mayor and City Commissioners on or before the
f*geys+reeeAmg initial print dav of the aoenda, which shall be no later
than the Fridav precedino a regularly scheduled City Commission
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mee+ings meetinq, and in those instances when a meeting is specially set,
submission shall be at least three working days prior to said m€€tiflgs
meetino, with the further requirement that any item not meeting this
submission schedule shall be discussed at a City Commission meeting
only upon a finding by the Commission by a five-sevenths affirmative vote
that such item constitutes an "emergency matte/' and should be
considered immediately ... .
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAM! BEAGH, FLORIDA, that the Mayor and City Commission hereby amend
Resolution No. 91-20421 to establish a policy that items published in City Commission meeting
agendas shall include sufficient detail and information for the City Commission and the public to
evaluate the items in a reasonable and timely manner, and hereby further clarifies the policy
regarding the submission schedule for agenda items considered at City Commission meetings as
set forth herein.
PASSED and ADOPTED this _ day of March, 2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry COMMISSION
OF THE CIry OF MIAMI BEACH, FLORIDA, AMENDING
RESOLUTION NO. 94-21382 CONCERNING COMMISSION
COMMITTEES, AND AS SUBSEQUENTLY AMENDED BY
RESO LUTT ON N OS. 97 -22607, 98 -22693, 2003-25446, 201 3 -
28437, AND 2015-28905, BY CREATING A NEW
PARAGRAPH 5 TO ESTABLISH A REQUIREMENT THAT
ITEMS PUBLISHED IN COMMISSION COMMITTEE
AGENDAS SHALL INCLUDE SUFFICIENT DETAIL AND
INFORMATION FOR THE COMMITTEE AND THE PUBLIC TO
EVALUATE THE ITEMS IN A REASONABLE AND TIMELY
MANNER.
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, 2003-25446,2013-28437, and 2015-28905 to
amend the provisions for City Commission Committees relative to membership, participation,
purpose, the selection of chairpersons and vice chairpersons, and the calling and holding of
meetings; and
WHEREAS, the Mayor and City Commission wish to provide agenda requirements for the
City Commission Committees, as set forth herein, to provide greater transparency, efficiency, and
meaningful participation by the Committee members and the public on matters coming before City
Commission Committees.
NOW, THEREFORE, BE tT DULY RESOLVED BY THE MAYORAND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
l. That Resolution No. 94-21382, as subsequently amended by Resolution Nos. 97-
22607, 98-22693, 2003-25446, 20 1 3-28437, a nd 20 1 5-28905 i s here by a m en d ed as
follows:
1. Four (4) Committees shall be established to examine in depth facts and
issues relating to matters in which the Mayor and City Commission may need
to act and to advise the Mayor and City Commission of their findings and
their recommendations relating to those matters. The 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 improvements
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projects;
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;
and
the Sustainability and Resiliency Committee shall address issues
related to general environmental improvement trends, sustainable
development, and green initiatives.
Each Committee shall have three (3) voting members who shall be
comprised of members of the City Commission selected by the Mayor. ln
addition, each Committee shall have an alternate member selected by the
Mayor, provided, however, that the Mayor may serve as one of the three (3)
members of any Committee or may serve as the alternate member on any
Committee on which the Mayor does not serve as a member. ln the event
that one or more of the three (3) members comprising a specific Committee
are not present at a Committee meeting, the alternate member may
participate and vote on any issue before his or her designated committee
and may serve for purposes of establishing a quorum. lf the alternate
member is unable to serve, the Mayor may serve as the alternate member
(provided, however, that the Mayor 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 member, may
participate in the discussion of any issue before any Committee.
The Mayor shall appoint a chairperson and vice chairperson for each
eQommittee. The term of service for each chairperson or vice chairperson
shall be one year.
4. Meetings shall be held when called by the chairperson, or in his /her
absence, by the vice chairperson and shall be held in the City Commission
Chambers unless the chairperson or, in his/her absence, the vice
chairperson determines that good cause exists for the holding of a meeting in
another location. ln addition, meetings shall be video and audio recorded
and shall be broadcast live on the Miami Beach cable channel or videotaped
for posting on the City's website within a reasonable time following the
conclusion of the meeting.
5. ltems published in Committee asendas shall include sufficient detail and
information for the Committee and the public to evaluate the items in a
reasonable and timelv manner.
c.
d.
2.
3.
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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
Committees.
PASSED and ADOPTED this _ day of March, 2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
(-IJIJDote'
l,
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