HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney 431?4•
DATE: October 5, 2020
RE: October 8, 2020, Virtual Commission Meeting Agenda — Substitution of
RE.9 — Resolution Establishing a Miami 21 Report Ad Hoc Task Force
File No. 7958
Item RE.9 on the October 8, 2020 City Commission Agenda is being substituted
to modify the Task Force membership criteria. Specifically, it specifies the number of
Task Force members that must fall into the delineated professions or occupations and
those that are community leaders. It also updates the requirement of the planner
occupation. The modifications were made as a result of a conversation with the Florida
Commission on Ethics.
cc. Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
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City of Miami
Legislation
Resolution:
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7958
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A MIAMI
21 REPORT AD HOC TASK FORCE ("TASK FORCE") TO WORK WITH THE
CITY OF MIAMI'S ADMINISTRATION FOR RECOMMENDATIONS ON
POSSIBLE CHANGES TO ORDINANCE NO. 13114, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 r
CODE"); STATING THE TASK FORCE'S PURPOSE, POWERS, DUTIES, e+r^
COMPOSITION, MEMBERSHIP APPOINTMENT QUALIFICATIONS, AND g
REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, •
MEETINGS, QUORUM, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF me,
PERSONNEL, PUBLIC NOTICE, AND SUNSET; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE. —�
SPONSOR(S): City Commission
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WHEREAS, the Miami City Commission adopted Resolution No. 19-0523, which
directed the City of Miami's ("City") Administration to assess Ordinance No. 13114, the Zoning
Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), by conducting a
comprehensive review of the Miami 21 Code and issuing a report to the Mayor and City
Commission ("Report"), as more particularly detailed in Resolution No. 19-0523; and
WHEREAS, the Report is to be issued to the Mayor and City Commission within one
hundred eighty (180) days of the adoption of Resolution No. 19-0523, as extended by
Ordinance No. 13902 and as may further be extended by the City Commission; and
WHEREAS, relative to the tasks involved with the Report, the Mayor and the City
Commission are hereby appointing a twelve (12) member Miami 21 Report Ad Hoc Task Force
("Task Force"), which will work in conjunction with the City's Administration to give its
perspective and recommendations for possible recommended changes and measures to be
taken relative to the Miami 21 Code; and
WHEREAS, the City Commission finds that it is important to have input and
recommendations from City staff as well as individuals from the community, individuals who
regularly use and work with the Miami 21 Code, and individuals who are familiar with planning,
zoning, and land use principles; and
WHEREAS, Chapter 2, Article XI, Division 2, Section 2-883 of the Code of the City of
Miami, Florida, as amended ("City Code"), allows for the creation of new boards by either
Ordinance or Resolution; and
WHEREAS, the number, qualifications, responsibilities, and manner of appointment of
the Task Force members are set forth in this Resolution; and
WHEREAS, the City Commission finds it is in the best interests of the City that this
Resolution be adopted;
City of Miami Page 1 of 4 File ID: 7958 (Revision:) Printed On: 10/5/2020
File ID: 7958 Enactment Number:
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission hereby establishes the Task Force consisting of twelve
(12) voting members. The Mayor and each District Commissioner shall each be afforded two (2)
appointments.
Section 3. Composition, Appointment, and Qualifications.
a. A minimum of four (4) members shall be electors of the City.
b. Ten (10) of the twelve (12) members shall practice in one (1) of the following
profession or occupation categories, with at least one (1) member in each category
practicing as a:
I. Registered architect licensed under Chapter 481, Florida Statutes;
professional civil engineer licensed under Chapter 471, Florida Statutes; or a
planner;
II. Member of the Florida Bar with experience in the practice of land use law
and/or real estate development;
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III. Real estate developer or builder, preferably with experience in affordable o
housing, large or small scale development, mixed use developmen,oi<r
planning; —I� —1 rn
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c. Two (2) of the twelve (12) members shall be community leaders. 3 _
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d. No alternate members shall be appointed. 'P ;,
e. All members will serve without compensation. In addition, all members shouldihaR
demonstrated an interest in, or experience relating to, the Miami 21 Code or other
governmental codes such as planning, zoning, building, and/or housing codes. All
members shall be subject to the provisions set forth in Section 2-884 of the City
Code.
Section 4. Purpose; Attendance; Vacancies.
The purpose, powers, and duties of the Task Force are as follows:
a. The Task Force will meet periodically but at least monthly beginning as soon as
enough members are appointed to constitute a quorum. The Task Force will meet at
publicly noticed meetings complying with Florida's Sunshine Law and, acting by and
through its Chairperson, will deliver its recommendations to the City Commission, Mayor,
and City Manager on possible changes or measures to the Miami 21 Code as more
particularly described in Resolution No. 19-0523.
City of Miami Page 2 of 4 File ID: 7958 (Revision:) Printed on: 10/5/2020
File ID: 7958 Enactment Number:
b. At the conclusion of the City Commission's consideration of the Task Force's written
recommendations, the responsibilities of the Task Force shall be deemed completed and
the Task Force will be automatically sunsetted. If the one hundred eighty (180) day
period in which the City Manager is required to submit the Report to the City
Commission as required by Resolution No. 19-0523 is extended by the City
Commission, the Task Force will also continue during such extension period until the
Report is finally issued as required by Resolution No. 19-0523.
c. It is expected that the appointed members of the Task Force attend each meeting.
Attendance requirements and removal from the Task Force shall be pursuant to Section
2-886 of the City Code.
d. Vacancies on the Task Force shall be filled pursuant to Section 2-885(a)(3) of the
City Code.
Section 5. Officers.
At the initial meeting, the members of the Task Force shall select and designatCga o
Chairperson and Vice -Chairperson from among the members of the Task Force who spa, II eve
at the pleasure of the Task Force. r cSI
Section 6. Meetings and Quorum. Q,
h
All meetings of the Task Force shall be noticed and open to the public. The r -- tic siII f
be encouraged to submit oral or written comments to the Task Force. A minimum o = 0
percent (50%) plus one (1) of the total members of the Task Force then appointed sh
constitute a quorum for the purpose of convening any meeting. An affirmative vote of amity
of the members present and voting at any meeting is required for any action to be taken by the
Task Force.
Section 7. Rule of Procedure; Roberts Rules.
The Task Force may adopt its own order of business and rules of procedure governing
its meetings and take actions on matters within its jurisdiction not inconsistent with the
provisions set forth herein, which rules of procedure shall be filed with the City Clerk. If no such
rules of procedure are expressly adopted, the Task Force will use Robert's Rules without the
necessity of other action. Robert's Rules will govern in the event the adopted rules of procedure
are silent on an issue. The Task Force shall comply with all requirements of Chapters 119
(Public Records) and 286 (Sunshine Law), Florida Statutes. The minutes of each meeting shall
be promptly made available and such records shall be open to public inspection. Copies of
minutes of all Task Force meetings shall be furnished to the Mayor, City Commissioners, City
Attorney, and City Manager.
Section 8. Legal Counsel.
The City Attorney's Office shall serve as legal counsel to the Task Force and shall
provide legal advice on all matters considered by the Task Force. The City Attorney or designee
shall provide legal support to the Task Force and attend all Task Force meetings.
Section 9. Assignment of Staff.
City of Miami Page 3 of 4 File ID: 7958 (Revision:) Printed on: 10/5/2020
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It shall be the duty of the City Manager to provide full cooperation and sufficient
personnel for necessary administrative support to the Task Force including assignment of an
individual to act as liaison and secretary to the Task Force as well as the assignment of
individuals from any and all City Departments and Offices, as may be necessary, to advise the
Task Force about ongoing and pending issues. It shall be the duty of the Task Force's liaison to
keep minutes or cause said minutes to be taken at all meetings, maintain Task Force
correspondence, post meeting notices with the City Clerk, file reports, and perform all other
necessary support functions. The City Manager, Planning Director, and Zoning Administrator
may participate in deliberations of the Task Force, as requested by the Task Force, and may
give technical and policy advice to the Task Force as requested. The City Manager shall ensure
that the Planning Director and Zoning Administrator, or designees, will be present at all
meetings and available to aid the Task Force upon request.
Section 10. Sunset.
This Task Force will automatically sunset once its perspectives and recommendations
regarding the Miami 21 Code and any recommendations of possible changes or measures to be
made to the Miami 21 Code have been delivered through the Task Force's Chairperson to the
Mayor, City Commission, and City Manager or upon the expiration of three hundred sixty four
days (364) from the date this Resolution is adopted, whichever occurs first.
Section 11. This Resolution shall become effective immediately upon its adoption.
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City of Miami Page 4 of 4 File ID: 7958 (Revision:) Printed on: 10/5/2020