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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #14863 Date: 10/10/2023 Commission Meeting Date: 07/25/2024 Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: All Type: Resolution Subject: ROW - Planting of Trees, Shrubs and Plants Purpose of Item: A resolution of the Miami City Commission authorizing the City Manager to proceed with the implementation of a permit process for homeowners to allow for the planting of trees, shrubs and plants in the public right of way. Background of Item: Resolution 23-0341 adopted on July 27, 2023, directed the City Manager to take all steps necessary to present legislation to the City of Miami ("City") Commission at the October 26, 2023 City Commission Meeting that would create a process for homeowners to plant certain native plants on their adjacent swale by right and other native and non-native plants by a review and permit process. The City Commission supports efforts to beautify the City. Chapter 17 of the Code of the City of Miami establishes a permit process for the planting of trees, shrubs and plants in the public right of way. Chapter 2 Sec. 265 of the Code of the City of Miami authorizes and directs the Director of Resilience and Public Works to promulgate rules and regulations establishing minimum standards pertaining to public places and grounds belonging to the city or dedicated to public use or owned by the city as an easement or any other right of use whatsoever. It is the best interest of the City and its residents to have a formal process and policy that ensures maintenance and liability for long term viability of landscaping. It is the best interest of the City and its residents to have a formal process and policy that ensures life safety and protection of utilities. Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed B Department of Resilience and Public Works Review Completed 10/10/2023 4:27 PM Juvenal Santana Department Head Office of Management and Budget Luis Hernandez -Torres Budget Analyst Review Completed 10/11/2023 1:08 PM Office of Management and Budget Leon P Michel Budget Review Completed 10/13/2023 2:40 PM City Manager's Office Nzeribe Ihekwaba Deputy City Manager Review Completed 10/13/2023 2:42 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 10/16/2023 7:50 AM City Manager's Office Arthur Noriega V City Manager Review Completed 10/16/2023 9:39 PM City Commission Joseph Castro Meeting Completed 10/26/2023 9:00 AM City Commission Maricarmen Lopez Meeting Completed 11/16/2023 9:00 AM City Commission Teri Samuels Meeting Completed 01/25/2024 9:00 AM City Commission Maricarmen Lopez Meeting Completed 07/25/2024 9:00 AM Office of the City Attorney Jihan Soliman ACA Review Pending Office of the City Attorney George K. Wysong III Approved Form and Correctness Pending Office of the City Attorney Valentin J Alvarez Approved Form and Correctness Skipped 06/24/2024 5:42 PM City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14863 Final Action Date:7/25/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE IMPLEMENTATION OF A PERMIT PROCESS FOR HOMEOWNERS TO ALLOW FOR THE PLANTING OF TREES, SHRUBS AND PLANTS IN THE PUBLIC RIGHT-OF-WAY. WHEREAS, Resolution 23-0341 adopted on July 27, 2023, directed the City Manager to take all steps necessary to present legislation to the City of Miami ("City") Commission at the October 26, 2023 City Commission Meeting that would create a process for homeowners to plant certain native plants on their adjacent swale by right and other native and non-native plants by a review and permit process; and WHEREAS, the City Commission supports efforts to beautify the City; and WHEREAS, Chapter 17 of the Code of the City of Miami establishes a permit process for the planting of trees, shrubs and plants in the public right of way; and WHEREAS, Chapter 2 Sec. 265 of the Code of the City of Miami authorizes and directs the director of resilience and public works to promulgate rules and regulations establishing minimum standards pertaining to public places and grounds belonging to the city or dedicated to public use or owned by the city as an easement or any other right of use whatsoever; and WHEREAS, it is the best interest of the City and its residents to have a formal process and policy that ensures maintenance and liability for long term viability of landscaping; and WHEREAS, it is the best interest of the City and its residents to have a formal process and policy that ensures life safety and protection of utilities; and 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 Manager is hereby authorized to implement the permitting process as outlined in Exhibit "A," attached and incorporated, to allow for planting of trees, shrubs, and plants in the public right of way swale. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 1 If the mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.