HomeMy WebLinkAboutBack-Up from Law DeptPART II - THE CODE
Chapter 2 - ADMINISTRATION
ARTICLE XI. - BOARDS, COMMITTEES, COMMISSIONS
DIVISION 18. CLIMATE RESILIENCE COMMITTEE
DIVISION 18. CLIMATE RESILIENCE COMMITTEE1
Sec. 2-1271. Establishment and purpose.
The "Climate Resilience Committee" ("committee") shall serve in an advisory capacity to the city commission
and shall have the following specific duties:
(1) The committee shall recommend changes to the City Code and any city policy necessary to help the
city, its residents, businesses, institutions, and natural systems adapt to, prepare for, and thrive in the
various stresses related to climate change, including but not limited to emissions of greenhouse gases,
increasing flood risks, increasing groundwater levels, more intense storms resulting in high tides and
storm surges, increasing high heat days, salt water intrusion, drought, extreme weather events, and
water and vector -borne illnesses.
(2) The committee shall have the responsibility to review and evaluate issues related to the use,
disposition, and/or development of city -owned waterfront property and shall provide advice to the city
commission concerning those issues and only such other matters as are referred to it by the city
commission in regard to city or public land abutting water. The city commission shall not be bound by
any recommendation or advice received from the committee. The committee is expected to be aware
of city policies concerning development and coordinate its endeavors with other city committees and
boards which will be affected by the committee's recommendations. Nothing herein is intended to
interfere with or conflict with any existing provisions in the City Charter or City Code setting forth
procedures concerning the development and/or disposition of city -owned waterfront property.
(Ord. No. 13640, § 2, 10-13-16; Ord. No. 13857, § 2, 9-12-19)
Sec. 2-1272. Composition; appointment and terms of office of members; filling of vacancies.
Members of the committee formerly known as the sea level rise committee serving at the time of the
establishment of the committee shall be appointed to serve as members of the committee subject to the terms
contained herein.
(a) Composition and qualifications. The committee shall consist of nine voting members who shall be city
residents, work in the city, own a business in the city, or own real property in the city. All voting members
shall be invested in the city and serve without compensation. In addition:
(1) At least one member shall possess an expertise in civil engineering or architecture with a focus on
infrastructure;
'Editor's note(s)—Ord. No. 13857, § 2, adopted September 12, 2019, changed the title of division 18 from "Sea
level rise committee" to "Climate resilience committee."
Prior to the reenactment of division 18 by Ord. No. 13640, § 2, adopted October 13, 2016, Ord. No. 13476,
§ 2, adopted September 11, 2014, repealed the former division 18, §§ 2-1271-2-1284 in its entirety, which
pertained to the community technology advisory board, and derived from Ord. No. 12748, § 3, adopted
December 15, 2005.
Miami, Florida, Code of Ordinances
(Supp. No. 17, Update 2)
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(2) At least one member shall possess an expertise in community and real estate development;
(3) At least one member shall possess an expertise in one or more of the following areas: climatology,
geophysics, coastal management, oceanography, or coastal ocean science;
(4) At least one member shall possess an expertise in emergency management;
(5) At least one member shall possess an expertise in economics; and
(6) At least one member shall possess an expertise in advocating for vulnerable low-income communities.
(7) At least two members shall be 18 to 25 years of age and possess a strong interest in and background or
education in climate resilience including but not limited to impacts on infrastructure, water supply and
quality, ecosystem health, housing, socioeconomics, or advocacy for vulnerable low-income
communities. Members appointed pursuant to this subsection may, but are not required to, satisfy one
of the above categories. Notwithstanding any language to the contrary, the members appointed
pursuant to this subsection shall be city residents.
(b) Appointment of voting members. The nine members shall be appointed to the committee as follows:
(1)
Each of the five city commissioners shall appoint one voting member to be ratified by majority vote of
the city commission;
(2) The mayor shall appoint one voting member to be ratified by majority vote of the city commission;
(3) The city manager shall appoint one voting member to be ratified by majority vote of the city
commission;
(4) The city commission at -large shall appoint two members; and
(5) No alternates shall be appointed.
(c) Automatic waiver for special counsel to the city and local government employees. Any appointee
contemplated in subsection (b) above (appointment of voting members) who may be currently serving as
special counsel to the city by performing basic non -litigation legal services for the city may continue to do so
and receive an automatic waiver from the commission to sit on the committee and continue assisting the city
pursuant to City Code sections 2-612 and 2-614, as amended. Similarly, any appointee contemplated in
subsection (b) above (appointment of voting members) who may be currently employed by Miami -Dade
County, Florida, or any municipality therein, may receive an automatic waiver from the commission to sit on
the committee and continue his or her government employment pursuant to section 2-884 of the City Code,
as amended.
(d) Term of voting members. The voting members shall serve for a two-year term, but may continue to serve
beyond the two-year term until a successor has been appointed and qualified. Membership shall be limited
to three full, consecutive terms; however, this limitation shall not prohibit any individual from being
reappointed to the committee after a hiatus of two years. Likewise, the limitation of membership to three
full, consecutive terms may be waived for a particular voting member by a unanimous vote of the members
of the city commission to permit the voting member to be reconsidered annually for an additional one-year
term.
(e) Minimum attendance requirements. Voting members should attend each meeting. Any voting member who
is absent from more than three meetings in a given calendar year shall automatically be deemed to have
vacated his or her position, except that absences allowed pursuant to subsection 2-886(d) of the City Code
shall not be counted. A voting member shall be deemed absent from a meeting when the member is not
present at the meeting at least 75 percent of its duration. Nevertheless, the provisions of this subsection may
be waived by a four -fifths vote of the members of the full city commission pursuant to subsection 2-886(c).
(Supp. No. 17, Update 2)
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(f)
(g)
Removal. The city commission shall have the power to remove any member by majority vote without a
finding of cause. The voting members appointed by the mayor and the city manager may also be removed by
the appointing official without a finding of cause subject to ratification by majority vote of the city
commission.
Resignation. Voting members may resign by submitting a signed letter of resignation to the city clerk. The
city clerk shall immediately notify the appointing official of the vacancy. It shall be the obligation of each
voting member to notify the city clerk if the member ceases to meet the qualification criteria set forth in
subsection (a) above (composition and qualifications).
(h) Vacancies. In the event a vacancy occurs on the committee, whether automatically, by vote of the city
commission, or by resignation of the member, the city commission may, by majority vote, appoint a qualified
person to fill the remaining term of the vacant position. The appointment may be made at the next regularly
scheduled meeting of the city commission or as soon as practicable thereafter. All such appointments shall
be consistent with the membership requirements stated in subsection (a) above (composition and
qualifications).
Waiver. The city commission shall have the power to waive any of the requirements of subsection (a) above
(composition and qualifications) by four -fifths vote of the members of the full city commission, or a
unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from
resignation, death, suspension, or physical incapacitation.
(I)
(Ord. No. 13640, § 2, 10-13-16; Ord. No. 13857, § 2, 9-12-19; Ord. No. 14067, § 2, 5-12-22)
Sec. 2-1273. Officers and subcommittees.
(a) At the initial organizational meeting, the members of the committee shall select and designate a chairperson
and vice -chairperson from among the members of the committee who shall serve at the pleasure of the
committee. The chairperson shall reserve the right to appoint an executive committee and to delegate tasks
to various subcommittees of the whole.
(b) Subcommittees. The chairperson may establish subcommittees from time to time. Decisions of all
subcommittees are subject to ratification by majority vote of the full committee, or a unanimous vote of the
quorum that exists because of either abstentions or vacancies resulting from removal, resignation, death,
suspension, or physical incapacitation.
(Ord. No. 13640, § 2, 10-13-16)
Sec. 2-1274. Meetings, parliamentary authority, rules and regulations.
(a) Procedure. The committee shall adopt its own order of business, rules of procedure, and bylaws to govern its
meetings and actions not inconsistent with the provisions set forth herein, which shall be filed with the city
clerk. Until the committee adopts its own rules of procedure, it shall follow Robert's Rules of Order (current
edition) except that the provisions set forth herein shall control in case of conflict.
(b) Notice and public participation. All meetings and workshops of the committee and any of its subcommittees
shall be noticed and open to the public as required by the state's Sunshine Law. In addition, the public shall
be encouraged to submit oral and written comments to the committee.
(c) Minutes. The minutes of each meeting and workshop shall be taken by applicable staff and promptly made
available by the city clerk. Such records shall be open to public inspection.
Copies of minutes of all committee meetings shall be furnished to the mayor, city commissioners, city
attorney, and city manager upon request.
(Supp. No. 17, Update 2)
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(d) Quorum. A minimum of 50 percent plus one of the Committee's total voting members shall constitute a
quorum for the purpose of convening any meeting. An affirmative vote of not less than 50 percent plus one
of the voting members present at any meeting is required for any action to be taken by the members.
(Ord. No. 13640, § 2, 10-13-16; Ord. No. 13857, § 2, 9-12-19)
Sec. 2-1275. Powers.
(a) The committee shall have the power to:
(1) Hold public meetings to receive public and expert input;
(2) Review any and all available information pertaining to climate resilience, including but not limited to its
impacts on infrastructure, public health, water supply and quality, ecosystem health, housing, and
socioeconomics;
Review any and all issues related to the use, disposition, and/or development of city -owned waterfront
property. Nothing herein is intended to interfere or conflict with any existing provisions in the City
Charter or City Code setting forth procedures concerning the development and/or disposition of city -
owned waterfront property.
(4) Request reports regarding the above from city departments through the city manager's office or
designee;
(5) Comment on reports from city departments through the city manager's office or designee regarding
updates to city infrastructure that may relate to the city's ability to adapt to increasing flood, heat, and
storm risks and mitigate causes of climate change;
(6) Comment on reports from city departments through the city manager's office or designee concerning
changes to the city's zoning ordinance and other land development regulations, flood damage
prevention, or historic or environmental preservation regulations that may relate to the city's ability to
adapt to sea level rise and its adverse impacts;
(7) Review city recommendations for investment priorities related to city infrastructure, including but not
limited to roads, transportation, solid waste facilities, storm water facilities, buildings, and
communities and residences most at risk from climate change, sea level rise, and their adverse
impacts;
(8) Review recommendations for applicable resilient design standards and best practices for adaptation,
mitigation, and other considerations related to climate change, sea level rise, and their adverse
impacts;
(9) Review staff recommendations for appropriate climate change and sea level rise projections to be used
in city infrastructure projects and planning;
(10) Recommend, from time to time, matters pertaining to the city's ability to adapt to climate change, sea
level rise, and their adverse impacts to be considered by the city's planning, zoning and appeals board;
the city's historic and environmental preservation board; or other relevant city boards, committees, or
commissions;
(11) Recommend any changes to the City Code, policies, guides, and standards, including but not limited to
the matters listed herein, necessary to help the city and its residents adapt to and prepare for the
adverse impacts of climate change and sea level rise;
(12) Undertake joint investigations or alliances regarding the above with educational, academic, not -for -
profit, and other governmental entities and offices;
(3)
(Supp. No. 17, Update 2)
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(13) Subject to city commission approval, which approval shall not be unreasonably withheld, engage
experts who, as independent contractors, will provide analyses, reports, recommendations, and other
resources, which shall be paid from funds available to the committee; and
(14) Prepare an annual budget to be presented to the city commission for approval.
(b) The city manager shall retain sole authority to execute contracts and agreements subject to the limitations of
City Charter and City Code.
(c) Any resolution of the committee recommending changes to city policy to the city commission shall be placed
on the next feasible city commission agenda as a discussion item.
(Ord. No. 13640, § 2, 10-13-16; Ord. No. 13857, § 2, 9-12-19)
Sec. 2-1276. Annual budget.
(a) Procedure. Upon the effective date of the enactment of the ordinance from which this division derives, the
committee shall establish a fiscal year which coincides with that of the city. Within 60 calendar days
following the effective date of the enactment of the ordinance from which this division derives, the
committee shall submit to the city commission, in a form acceptable to the city manager, a mandatory
annual budget for adoption and ratification by majority vote of the city commission. Nothing contained
herein shall be construed to prohibit the committee from submitting a supplemental budget to the city
commission for approval. All expenditures shall comply with city procedures for acquisition of goods and
services.
(b) Expenditures. No expenditure shall be made in any given year without approval by the city commission of the
committee budget for that year. In addition, the following shall apply:
(1) Expenditures shall primarily be made for the engagement of experts and consultants to provide
analyses, reports, recommendations, and other resources or to implement programs to help the city
and its residents adapt to and prepare for the adverse impacts related to sea level rise.
(2) No more than ten percent of the committee's budget shall be used to reimburse voting members or
city employees for attendance at various conferences, seminars, and events. Voting members of the
committee shall comply with the state's Sunshine Law when attending such conferences, seminars, and
events.
(c) No conflicts of interest. Voting members of the committee shall comply with the conflict of interest
provisions of the City Code, the conflict of interest and ethics ordinance of Miami -Dade County, and all other
laws that may apply when preparing the annual budget and expenditures of the committee.
(d) No deficiencies. No provision contained in this division shall be construed to violate the Anti -Deficiency Act,
as set forth in sections 18-500-18-503 of the City Code, as amended.
(Ord. No. 13640, § 2, 10-13-16)
Sec. 2-1277. Annual and quarterly reports.
(a) Annual report. The chairperson shall submit an annual report to the city manager on January 15 of each year
pursuant to section 2-890 of the City Code, as amended.
(b) Quarterly report. The committee shall submit reports to the city commission and present the findings and
recommendations of said reports at a meeting of the city commission on at least a quarterly basis.
(c) Copies. Copies of the committee's reports shall be made available online.
(Supp. No. 17, Update 2)
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(Ord. No. 13640, § 2, 10-13-16)
Sec. 2-1278. Legal counsel.
The office of the city attorney shall provide an attorney to serve as legal counsel to the committee and shall
provide legal advice on all matters considered by the committee.
(Ord. No. 13640, § 2, 10-13-16)
Sec. 2-1279. Liaison(s) to committee and assignment of staff.
Notwithstanding any provisions to the contrary contained in this Code, the city manager shall designate the
administration's liaison(s) to the committee.
(Ord. No. 13640, § 2, 10-13-16; Ord. No. 13857, § 2, 9-12-19)
Secs. 2-1280-2-1300. Reserved.
Editor's note(s)—Ord. No. 13857, § 2, adopted September 12, 2019, repealed the former section 2-1280 in its
entirety, which pertained to the inapplicability of the sunset provision, and derived from Ord. No. 13640, § 2,
adopted October 13, 2016.
(Supp. No. 17, Update 2)
Created: 2024-01-11 10:41:47 [EST]
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