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Home My WebLink AboutSubstitution Memo from City AttorneyCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: George K. Wysong III, City Attorney georg.14 Wysfrp4M DATE: May 11, 2026 RE: Substitution of Item RE.15 on the May 14, 2026, City Commission Meeting - Establish - The Miami Tree Ordinance Advisory Committee File No.: 19230 Item RE. 15 on the May 14, 2026, City Commission Meeting Agenda proposes to establish the Miami Tree Ordinance Advisory Committee ("Committee") pursuant to Chapter 2, Article XI, Division 2, Section 2-883 of the Code of the City of Miami, Florida, as amended ("City Code"), to serve in an advisory capacity regarding City of Miami's consideration of revisions to Chapter 17, Article I of the City Code ("Tree Ordinance"); requiring the Committee to develop and present recommendations to the City Commission; providing for the Committee's purpose, powers, duties, composition, membership, qualifications, attendance, vacancies, meetings, quorum, rules of procedure, legal and staff support, public notice, and sunset; and providing for an immediate effective date. The legislation is being substituted to specify that the City Commission shall have the power to waive the residencey requirement of Committee members and to clarify that the Committee shall also advise the City Administration. cc. James Reyes, City Manager Marie Gouin, Director, Office of Management & Budget Miriam Santana, Agenda Coordinator ca E.t.l '. a_ Z co C.) 0 , e .M aCC Cr C.„)N tt. N I (i013o ouAA4-0 -F(Lom ,440tulz City of Miami Resolution Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 19230 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING THE MIAMI TREE ORDINANCE ADVISORY COMMITTEE ("COMMITTEE") PURSUANT TO CHAPTER 2, ARTICLE XI, DIVISION 2, SECTION 2-883 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TO SERVE IN AN ADVISORY CAPACITY REGARDING THE CITY'S CONSIDERATION OF REVISIONS TO CHAPTER 17, ARTICLE I OF THE CITY CODE ("TREE ORDINANCE"); REQUIRING THE COMMITTEE TO DEVELOP AND PRESENT RECOMMENDATIONS TO THE CITY COMMISSION; PROVIDING FOR THE COMMITTEE'S PURPOSE, POWERS, DUTIES, COMPOSITION, MEMBERSHIP, QUALIFICATIONS, ATTENDANCE, VACANCIES, MEETINGS, QUORUM, RULES OF PROCEDURE, LEGAL AND STAFF SUPPORT, PUBLIC NOTICE, AND SUNSET; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Damian Pardo WHEREAS, the City of Miami ("City") is considering possible amendments to the Code of the City of Miami, Florida, as amended ("City Code"), regarding regulations governing the removal, relocation, pruning, planting, and trimming of trees, as set forth in Chapter 17, Article I of the City Code ("Tree Ordinance"); and WHEREAS, following extensive public discussion regarding possible amendments to the Tree Ordinance, the City Commission finds it is in the best interest of the City to provide for a structured public engagement and advisory process; and WHEREAS, the City further believes it is in its best interest to use Florida State University ("FSU"), through the Consensus Center at FSU, in collaboration with the Orthon Group, as an impartial third party to design and facilitate this process to ensure broad participation and build community consensus; and WHEREAS, pursuant to Resolution No. R-25-0280, adopted on July 24, 2025, the City Commission approved the engagement of the Consensus Center at FSU, in collaboration with the Orthon Group, to provide public outreach services in support of the City's consideration of Tree Ordinance revisions, and further directed the City Manager to establish a resident-!dvjggry committee to develop and present recommendations to the City Commission; and WHEREAS, the City Commission finds it important that the Committee includememr representing the City's various districts and diverse perspectives regarding tree protection, — urban canopy preservation, neighborhood character, resiliency, and quality of life; and.,-,, to cl -v WHEREAS, an advisory committee will assist the City Commission and City Administration in reviewing information, receiving public input, and developing __ 2 •• recommendations regarding potential Tree Ordinance revisions and related tree canopyt fT matters; and 7 City of Miami Page 1 of 4 File ID: 19230 (Revision:) Printed On: 5/11/2026 C 0 File ID: 19230 Enactment Number: WHEREAS, Chapter 2, Article XI, Division 2, Section 2-883 of the City Code authorizes the creation of new boards by ordinance or resolution; and WHEREAS, the City Commission finds that adoption of this Resolution is in the best interests of the City; 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 Miami Tree Ordinance Advisory Committee ("Committee"). Section 3. Composition, Appointment, and Qualifications. a. The Committee shall consist of ten (10) members. Each of the five (5) District Commissioners shall appoint two (2) members who are residents in his or her respective District. The City Commission shall have the power to waive any of the requirements of this subsection by four -fifths vote of the members of the full City Commission. b. All members shall serve without compensation and shall be subject to the provisions of Section 2-884 of the City Code. c. No alternate members shall be appointed. d. To the greatest extent practicable, the Committee shall reflect the diversity of the City and the range of interests affected by potential Tree Ordinance revisions. Section 4. Purpose; Powers; Duties. The purpose, powers, and duties of the Committee shall be as follows: a. To serve in an advisory capacity to the City Commission and City Administration regarding the City's consideration of possible Tree Ordinance revisions and related urban tree canopy matters; b. To review reports, materials, data, presentations, and other information relating to the Tree Ordinance, tree preservation practices, urban forestry, canopy equity, and related policy considerations; c. To assist the City in soliciting, receiving, and evaluating community input -from residents, stakeholders, neighborhood groups, advocacy organizations, biisirps interests, and other interested persons, through the public outreach and engagement process conducted by the Consensus Center at FSU, in collaboration with the Orthon Group, regarding possible revisions to the Tree_ C� Ordinance and related tree canopy issues; :) e� r rrn C - City of Miami Page 2 of 4 File ID: 19230 (Revision:) Printed on: 5/11/2026 File ID: 19230 Enactment Number: d. To develop and present recommendations to the City Commission and City Administration regarding possible Tree Ordinance revisions and related policy measures for the protection, maintenance, and equitable distribution of the City's tree canopy. Section 5. Attendance; Removal; Vacancies. a. Members are expected to attend each meeting. b. Attendance requirements and removal shall be governed by Section 2-886 of the City Code. c. Vacancies shall be filled pursuant to Section 2-885(a)(3) of the City Code. Section 6. Meetings and Quorum. a. All meetings shall be publicly noticed and open to the public in accordance with applicable law. b. The public shall be encouraged to submit oral or written comments. c. The initial meeting shall commence within thirty (30) days after a majority of members have been appointed, or as soon thereafter as reasonably practicable. d. The public shall be encouraged to submit oral or written comments via the public outreach process to be overseen by the Committee or written comments directly to the Committee. e. A quorum shall consist of fifty percent (50%) plus one (1) of the total number of members then appointed. f. An affirmative vote of a majority of the members present and voting at any meeting shall be required for any action of the Committee, including transmission of the final report containing the Committee's conclusions and recommendations. Section 7. Rule of Procedure. 0 a. The Committee may seek to develop recommendations by consensus wlrnagr practicable. Any report or recommendation transmitted by the Committeeirn identify areas of consensus, majority recommendations, alternative recommendations, and minority viewpoints, as the Committee deems w appropriate. -o b. The Committee may adopt its own rules of procedure, provided such rule -re .- not inconsistent with this Resolution or applicable law, and provided that stieh rules are filed with the City Clerk. '-. J c c. The Committee shall comply with all requirements of Chapters 119 and 286, Florida Statutes, including, without limitation, the Public Records Law and Sunshine Law. rn 0 Ili rn City of Miami Page 3 of 4 File ID: 19230 (Revision:) Printed on: 5/11/2026 File ID: 19230 Enactment Number d. Minutes of each meeting shall be promptly prepared and made available for public inspection. Copies of minutes of all Committee meetings shall be furnished to the Mayor, City Commissioners, City Administration, City Attorney, and City Manager. Section 8. Legal Counsel. The City Attorney's Office shall serve as legal counsel to the Committee and shall provide legal advice on all matters considered by the Committee. The City Attorney or its designee shall provide legal support to the Committee and attend meetings of the Committee as needed. Section 9. Assignment of Staff. a. The City Manager shall provide sufficient administrative support to the Committee, including a staff liaison and secretary, as well as personnel from appropriate City departments and offices. b. The liaison shall keep minutes, maintain Committee correspondence, post meeting notices with the City Clerk, file reports, and perform all other necessary support functions. c. The City Manager and relevant City staff may participate in Committee deliberations and provide technical, and policy advice as requested. Section 10. Sunset. The Committee shall automatically sunset and stand dissolved upon presentation of its recommendations to the City Commission, unless otherwise extended by further action of the City Commission. Section 11. This Resolution shall become effective immediately upon its adoption. cn -�I —o 4.._i City of Miami Page 4 of 4 File ID: 19230 (Revision:) Printed on: 541/2026