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20150610 SM3r --. --. @ --,.-,rr--,r-- l9l5 ' 2015 MIAMIBEACH Gity Commission Meeting SUPPLEMENTAL MATERIAL 3 City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive June 10, 2015 Mayor Philip Levine Vice-Mayor Jonah Wolfson Commissioner Michael Grieco Commissioner Joy Malakoff Comm issioner Micky Steinberg Commissioner Edward L. Tobin Commissioner Deede Weithorn City Manager Jimmy L. Morales City Attorney Raul J. Aguila City Clerk Rafael E. Granado Visff us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings. ATTENTION ALL LOBBYISTS Ghapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney. R5R SUPPLEMENTAL AGENDA R5 - Ordinances An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Entitled "Administration," ByAmending Article ll, Entitled "CityCommission," ByAmending Section 2-11, Entitled "Time Of Regular Meetings" And Section 2-12, Enlitled "Meeting Agendas," By Amending The Requirements And Procedures Relating To City Commission Meetings And Agendas; Providing For Repealer, Codification, And An Effective Date. First Readinq (Sponsored by Vice-Mayor Jonah Wolfson) (Legislative Tracking: Office of the City Attorney) (Memorandum & Ordinance) 1 THIS PAGE INTENTIONALLY LEFT BLANK 2 r.-.-.r-- OFFICE OF THE CITY ATTORNEY RAULJ. AGUILA, CITY ATTORNEY TO: COMMISSION MEMORANDUM Mayor Philip Levine Members of the Gity Commission City Manager Jimmy Morales FROM: DATE: SUBJECT: Raul J. Aguila, Gity Attorn"yf,.-LkI-- June 10,2015 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 II, ENTITLED..CITY COMMISSION," BY AMENDING SECTION 2.11, ENTITLED "TIME OF REGULAR MEETINGS" AND SECTION 2- 12, ENTITLED "MEETING AGENDAS," BY AMENDING THE REQUIREMENTS AND PROCEDURES RELATING TO CITY COMMISSION MEETINGS AND AGENDAS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. The attached Ordinance is sponsored by Vice-Mayor Jonah Wolfson and is submitted for consideration by the Mayor and City Commission. The Ordinance provides amendments to provisions in Article ll of Chapter 2 of the City Code concerning City Commission meetings and agendas in order to foster greater efficiency with regard to conducting City business at Commission meetings. Specifically, the Ordinance amends Section 2-11to conform the City Code to the actual practice for the setting of regular City Commission meetings and provides flexible language to accommodate the setting of meetings on dates other than the first and third Wednesdays of each month. The amendments also codify the established practice of providing for a Commission recess month, as set by resolution. The Ordinance also amends Section 2-12 to codify within the City Code various meeting procedures that are currently set forth in City Resolutions, such as: agenda submission procedures, the adding of addendum items to agendas by a 5/7th affirmative vote, the setting of presentation and awards meetings, and the adoption of Robert's Rules of Order as the parliamentary procedure for City Commission when the Charter, Agenda ttem Rf R oate 670_l{3 Related Special Acts, or City Code do not otherwise establish a parliamentary procedure. Also, the current practice regarding supplemental agenda materials is codified. ln addition, new procedures are established in Section 2-12 with regard to co- sponsors of ordinances and charter amendments; the setting of time certains; a requirement that addendum items be placed on an agenda pursuant to a 5/7th vote (emergency items) or 7l7th vote (non-emergency items) if the Mayor does not approve the adding of the addendum item to an agenda; and a requirement that items other than presentations and awards may be placed on an agenda of a presentation and awards meeting upon the approval of the Mayor, or alternatively, by a 5l7th vote (emergency items) orTlTth vote (non-emergency items). This Ordinance codifies housekeeping amendments and existing language in Resolution Nos. 91-20386, 91-20421, and 2014-28842, as well as establishing additional best practices, therefore, no fiscal impact is expected. F:\ATTO\TURN\COMMMEMO\ChapIer 2 Admin Article ll - City Comm Meetings and Agendas 6-3-1S.docx 4 ORDINANCE NO. 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 II, ENTITLED..CITY COMMISSION," BY AMENDING SECTION 2.11, ENTITLED ..TIME OF REGULAR MEETINGS" AND SECTION 2. 12, ENTITLED *MEETING AGENDAS,'' BY AMENDING THE REQUIREMENTS AND PROCEDURES RELATING TO CIry COMMISSION MEETINGS AND AGENDAS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, in order to foster greater efficiency with regard to the conducting of City business at City Commission meetings, and to incorporate and unify all City Commission meeting and agenda requirements and procedures into the City Code that are currently established in various City Resolutions (Nos. 91-20386, 91-20421, and 2014-28842), the amendments set forth in this Ordinance should be adopted. NOW, THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 2-12 of Article ll of Chapter 2 of the Code of the City of Miami Beach, Florida, is hereby amended as follows: CHAPTER 2 ADMINISTRATION ARTICLE II. CITY COMMISSION Sec. 2-11. Time of regular meetings. All regular meetings of the city commission will be held on the first and third Wednesdays ef eaeh menth' with eemmissien meeting the dates and at the times to be established by resolution; however, the city commission may from time to time cancel and/or change the dates and starting times of the meetings as it deems advisable and proper. The city commission mav recess for one month durinq the calendar vear. as established by resolution. Sec. 2-12. Meeting procedures and agendas. (a) Statement of legislative intent: Consistent with the City of Miami Beach Charter, this section will help uphold the principles of separation of powers and checks and balances. lt will also lend to improving transparency in government. 5 (b) Ordinance and charter amendment sponsors and co-sponsors:, Any proposed ordinance or charter amendment that appears on the agenda of a city commission meeting for discussion, referral. and/or approval by the mayor and city commission must have the name of the mayorr a members of the city commissionr placed prominently next to it as the primary sponsor of the legislation. This requirernent alse applies te erdinanees er eharter amendments en any agenda ef a A commission member that seeks to co-sponsor an ordinance or charter amendment that appears on an aoenda of a city commission meetinq must submit a co-sponsorship request to the citv clerk before (as the case may be) discussion. referral, vote. or (in the case of an ordinance) first readinq of the item. The primary sponsor must approve the co-sponsor request before (as the case mav be): (i) the vote at the first readinq of an ordinance: (ii) the vote on a resolution placino a charter amendment on the ballot: (iii) the discussion of the item: or (iv) the referral of the item (if the item is on the commission aqenda for a referral to a city or commission - committee). A commission member mav withdraw as a co-sponsor of an item byl submittinq a written request to the city clerk prior to the commission meetinq when the item appears on the aqenda or by announcinq such withdrawal at the public meetinq of the city commission where the item is to be heard. prior to the citv commission vote on such item. Except for the settinq of a time certain. which is qoverned by the provisions in subsection (dX2) hereof, the primary sponsor controls the placinq of the item on an aqenda and the withdrawal of the item from an agenda. Co-sponsors are merely intended to provide additional support for an item and do not possess any procedural control of the item. The following are excepted from the requirements of a sponsor ffi subse€tien: (1) Aapplications for amendments to the land development regulations filed by appointed boards or property owners pursuant to subsection 118-162(a) or (b) of the City Code- and (2) Rlesolutions; that do not concern charter amendments: discussion and/or referral items that do not concern charter amendments: discussion and/or referral of items to boards or committees not scheduled for first or second reading as an ordinance; and referrals to boards or committees proposed by the city manager or city attorney. {g) Aqenda submission schedule: (l) A!! city commission meetins aqendas shall be submitted to the mavor and ciV commissioners on the initial print day of the aqenda. which shal! be no later than five (5) calendar davs precedinq a reqularly scheduled citv commission meetinq. ln those instances when a special meetinq is called pursuant to section 2.04 of the 6 Citv Charter, the aqenda shall be submitted to the mayor and citv commissioners as soon as practicable before the special meetinq. (!) Supp/emenfal aqenda maferials. Aqenda items that are included in the aqenda that is printed on the initial print dav mav be supplemented by materials in a supplemental aqenda. (Q Any item not included in the asenda submitted to the mayor and city commission on the initial print dav must be submitted bv the city clerk to the mayor for a determination whether the item is to be placed on the aoenda as an addendum item. lf the mavor declines to place the item on the agenda as an addendum item, then the item shall onlv be considered at the city commission meetinq upon: (a) a findinq by the citv commission. bv a five-seventh (5/7th) affirmative vote, that such item constitutes a public emerqency affectinq life, health. propertv, or public safetv and should be considered immediately: or (b) a findinq bv the citv commission. bv a seven-seventh (7/7th) affirmative vote. that the item does not constitute a public emerqency, but needs to be considered immediatelv. (€Xd) Agenda items:. {l) ltem details. ltems published in a city commission meeting agenda shall include sufficient detail and information for the city commission and the public to evaluate the items in a reasonable and timely manner. (!) Iime cerfatns. Except for the settinq of time certains for public hearings as required bv law. the mayor shall be authorized to set time certains for all matters to be discussed or considered on a citv commission aqenda. The mayor may consider and set a time certain based upon the request of a city commissioner, the city administration, or a member of the public if such request is made prior to the commission meetinq. (e) Presenfafions and Awalds meefinqs. The presentation of proclamations, awards. certificates. and all other recoqnitions made by the mavor and citv commission shall occur at separate reqularlv scheduled meetings of the citv commission specificallv dedicated for these purposes. Other aqenda items mav be on an aqenda of a presentation and awards meetinos of the citv commission only under the followinq circumstances: 7 () The item was specificallv deferred or opened and continued to a presentation and awards meetinq: or (Q The item is submitted to the mavor for a determination whether the item is to be placed on the aqenda. lf the mavor declines to place the item on the aqenda. the item shall onlv be considered at the presentations and awards meetinq upon: (a) a findinq by the city commission. bv a five-seventh (57th) affirmative vote, that the item constitutes a public emerqency affectino life. health, property, or public safetv and should be considered immediatelv: or (b) a findinq bv the citv commission, by a seven-seventh (7/7th) affirmative vote, that the item does not constitute a public emergencv, but needs to be considered immediatelv. (fl Parlramenfa4lz Procedure. Robert's Rules of Order Newlv Revised, 11th Edition, and all subsequent amendments thereto and al! subsequent editions thereof. shall be the recoonized authoritv for qeneral parliamentary procedure applicable to meetings of the city commission in those instances when the citv's Charter. Related Special Acts, and Code do not expresslv dictate parliamentarv proced ure. (gxd) Effect. The validity of any action or determination of the city commission or city personnel, board, or committee shall not be affected by the failure of any person to comply with the provisions of this section. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. lf 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 Code of the City of Miami Beach, Florida. 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. 8 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the day of ,2015. PASSED AND ADOPTED this _ day of ,2015. ATTEST: Philip Levine, Mayor Rafael E. Granado, City Clerk Underline denotes additions S+ike-$reugh de notes d e letio ns APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION A-.LO'L L 'g'15 (sponsored byvice-Mayor Jonah wolfson) @ E-t- F:\ATTO\TURI{\ORDINANC\Chapter 2 Admin Article II - City Comm Meetings and Agendas 6-3-15.docx 5 9 THIS PAGE INTENTIONALLY LEFT BLANK 10