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File ID: #1017
Ordinance
Second Reading
Sponsored by: Francis Suarez, Mayor
AN ORDINANCE OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 16-
0254, ADOPTED ON MAY 26, 2016, IN ITS ENTIRETY, AND RE-ESTABLISHING THE CITY
OF MIAMI SEA LEVEL RISE COMMITTEE BY AMENDING CHAPTER 2/ARTICLE
XI/DIVISION 18 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/SEA LEVEL RISE
COMMITTEE", CODIFYING THE CITY OF MIAMI SEA LEVEL RISE COMMITTEE CREATED
TO STUDY SEA LEVEL RISE AND ITS EFFECTS ON THE CITY OF MIAMI AND MAKE
RECOMMENDATIONS TO THE CITY COMMISSION, INCORPORATING ALL AVAILABLE
INFORMATION ON THE SUBJECT, INCLUDING, BUT NOT LIMITED TO,
RECOMMENDATIONS MADE BY THE FEDERAL GOVERNMENT AND MIAMI-DADE
COUNTY; STATING THE COMMITTEE'S PURPOSE, POWERS, DUTIES, COMPOSITION,
APPOINTMENT QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING
FOR OFFICERS, RULES OF PROCEDURE, MEETINGS, QUORUM, BUDGET, LEGAL AND
STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS, AND PUBLIC NOTICE;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
City of Miami File ID: 1017 (Revision: A) Printed On: 6/4/2018
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Legislation
Ordinance
Enactment Number: 13640
File Number: 1017 Final Action Date: 10/13/2016
AN ORDINANCE OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION
NO. 16-0254, ADOPTED ON MAY 26, 2016, IN ITS ENTIRETY, AND RE-
ESTABLISHING THE CITY OF MIAMI SEA LEVEL RISE COMMITTEE BY AMENDING
CHAPTER 2/ARTICLE XI/DIVISION 18 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS/SEA LEVEL RISE COMMITTEE", CODIFYING THE CITY OF MIAMI
SEA LEVEL RISE COMMITTEE CREATED TO STUDY SEA LEVEL RISE AND ITS
EFFECTS ON THE CITY OF MIAMI AND MAKE RECOMMENDATIONS TO THE CITY
COMMISSION, INCORPORATING ALL AVAILABLE INFORMATION ON THE
SUBJECT, INCLUDING, BUT NOT LIMITED TO, RECOMMENDATIONS MADE BY
THE FEDERAL GOVERNMENT AND MIAMI-DADE COUNTY; STATING THE
COMMITTEE'S PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT
QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR
OFFICERS, RULES OF PROCEDURE, MEETINGS, QUORUM, BUDGET, LEGAL
AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS, AND PUBLIC
NOTICE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") is generally at sea level and abuts the ocean and
the river along a considerable length of its borders; and
WHEREAS, over the past fifteen (15) years, the average annual increase in sea level
has been roughly 0.27 inches per year; and
WHEREAS, for the last five (5) years, the University of Miami has measured an average
annual increase in sea level closer to 0.97 inches per year; and
WHEREAS, the United States federal government projects that sea levels will rise
between four (4) feet to almost seven (7) feet by the end of the century; and
WHEREAS, sea level rise will have broad impacts related to City infrastructure, storm
surges, public health, insurance rates, the availability of potable water, and socioeconomics;
and
WHEREAS, the City must adapt to and mitigate the adverse effects of sea level rise
within its jurisdiction; and
WHEREAS, the City Commission has deemed it necessary to create a committee to
help mitigate the adverse effects of sea level rise on the City and its residents; and
WHEREAS, the City Commission desires that fifty thousand dollars ($50,000.00) be
allocated to the City of Miami Sea Level Rise Committee ("Committee") to be used for updating
the City's storm water management master plan; and
City of Miami File ID: 1017 (Revision: A) Printed On: 6/4/2018
WHEREAS, the City Commission previously established the Committee pursuant to
Resolution No. 15-0072, later rescinded and superseded by Resolution No. 16-0254 of the City
Commission; and
WHEREAS, the City Commission desires to rescind Resolution No. 16-0254, adopted on
May 26, 2016, in its entirety and codify the Committee through an amendment to the Code of
the City of Miami, Florida, as amended; and
WHEREAS, the City Commission desires that the membership of the Committee
otherwise remain unchanged from its previous iteration with all currently appointed members
retaining their current membership status;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Ordinance are
adopted by reference and incorporate as if fully set forth in this section.
Section 2. Chapter 2, Article XI, Division 18 of the City Code, as amended, is further
amended in the following particulars:'
"CHAPTER 2
ADMINISTRATION
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
DIVISION 18. SEA LEVEL RISE COMMITTEE
S2Es. 2 1271 2 1r-300 o
es eF1ed .
Sec. 2-1271. Establishment and purpose
The "Sea Level Rise Committee" ("Committee") is established to serve in an advisory capacity
to the City Commission. The Committee shall recommend changes to the Code of the City of
Miami, Florida, as amended ("City Code") and any City of Miami ("City") policies necessary to
help the City and its residents adapt to and prepare for the adverse impacts of sea level rise,
including impacts related to storm surges, flood damage prevention, infrastructure, public
health, water supply and quality, housing, and socioeconomics.
Sec. 2-1272. Composition; appointment and terms of office of members: filling of vacancies.
Committee members originally appointed pursuant to Resolution No. 16-0254 shall remain on
the Committee, subject to the terms contained herein.
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanaed material.
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(a) Composition and Qualifications. The Committee shall consist of nine (9) 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 (1) member shall possess an expertise in civil engineering or architecture
with a focus on infrastructure;
(2) At least one (1) member shall possess an expertise in community and real estate
development;
(3) At least one (1) member shall possess an expertise in one (1) or more of the following
areas: climatology, geophysics, coastal management, oceanography, or coastal ocean
science;
(4) At least one (1) member shall possess an expertise in emergency management;
(5) At least one (1) member shall possess an expertise in economics; and
(6) At least one (1) member shall possess an expertise in advocating for vulnerable low-
income communities.
(b) Appointment of Voting Members. The nine (9) members shall be appointed to the Committee
as follows:
(1) Each of the five (5) City Commissioners shall appoint one (1) voting member to be
ratified by majority vote of the City Commission;
(2) The Mayor shall appoint one (1) voting member to be ratified by majority vote of the City
Commission;
(3) The City Manager shall appoint one (1) voting member to be ratified by majority vote of
the City Commission;
(4) The City Commission at -large shall appoint two (2) 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 Membersl 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 Membersl 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 (2) year term, but may
continue to serve beyond the two (2) year term until a successor has been appointed and
qualified. Membership shall be limited to three (3) full, consecutive terms; however, this
limitation shall not prohibit any individual from being reappointed to the Committee after a hiatus
of two (2) years. Likewise, the limitation of membership to three (3) full, consecutive terms may
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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 (1)
year term.
(e) Minimum Attendance Requirements. Voting members should attend each meeting. Any
voting member who is absent from more than three (3) meetings in a given calendar year shall
automatically be deemed to have vacated his or her position, except that absences allowed
pursuant to Section 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
seventy-five percent (75%) of its duration. Nevertheless, the provisions of this subsection may
be waived by a four-fifths (4/5) vote of the members of the full City Commission pursuant to
Section 2-886(c).
(f) 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.
(g) 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 Qualificationsl.
(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 Qualificationsl.
(i) Waiver. The City Commission shall have the power to waive any of the requirements of
Subsection (a) above [Composition and Qualificationsl by four-fifths (4/5) 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.
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.
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.
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(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 of Florida'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.
Conies of minutes of all Committee meetinas shall be furnished to the Mavor. Citv
Commissioners, City Attorney, and City Manager.
(d) Quorum. A minimum of fifty percent (50%) plus one (1) 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 fiftv percent (50%) Dlus one (1) of the votina members Dresent at anv
meetina is reauired for anv action to be taken by the members.
Sec. 2-1275. Powers.
(a) The Committee shall have the power to:
(1) Hold public hearings to receive public and expert input;
(2) Review any and all available information pertaining to sea level rise, including but not
limited to its adverse impacts related to storm surges, flood damage prevention,
infrastructure, public health, water supply and quality, housing, and socioeconomics;
(3) Request reports regarding the above from City Departments through the City Manager's
Office or designee;
(4) Comment on and request 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 sea level rise and its adverse impacts, including but not limited to
roads, transportation, solid waste facilities, storm water facilities, and buildings;
(5) Comment on and request 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;
(6) Inventory City infrastructure, including but not limited to roads, transportation, solid
waste facilities, storm water facilities, buildings, and communities and residencies most
at risk from sea level rise and its adverse imaacts:
(7) Identify areas of the City most at risk from sea level rise and its adverse impacts;
(8) Identify applicable resilient design standards and best practices for adaptation,
mitiaation. and other considerations related to sea level rise and its adverse im
(9) Recommend appropriate 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 sea
level rise and its adverse impacts to be considered by the City's Planning, Zoning and
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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 sea level rise;
(12) Undertake joint investigations or alliances regarding the above with educational,
academic, not-for-profit, and other governmental entities and offices;
(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. However, the City Manager may delegate to the
City's Office of Sustainable Initiatives the authority to execute contracts on behalf of the
Committee consistent with the limitations of City Charter and City Code, subject to Committee
approval.
(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.
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 sixty (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 (10%) of the Committee's budget shall be used to reimburse
voting members or City employees for attendance at various conferences, seminars, and
events. Votina members of the Committee shall comply with the State of Florida's
unshine Law when attendina 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.
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(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.
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.
Sec. 2-1278. Leaal 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.
Sec. 2-1279. Liaison(s) to Committee and assianment 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, at least one (1) of which shall be from
the City's Office of Sustainable Initiatives. It shall be the duty of the City Manager to provide
administrative support to the Committee, which shall include the services of an individual to
maintain committee correspondence, post meeting notices with the City Clerk, file reports, and
perform all other necessary support functions. In addition to any administration liaison(s)
assigned to the Committee, the City Manager shall designate representatives from the
Departments of Public Works, Building, Planning and Zoning, and the Office of Capital
Improvements to attend Committee meetings. Upon the Committee's request, the City Manager
may also participate in deliberations of the Committee and may offer technical and policy
advice_
Sec. 2-1280. Inapplicability of sunset provision.
The Committee shall not be subject to the provisions of Section 2-892 of the City Code, as
amended
Secs. 2-1281-2-1300. Reserved.
*„
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and
adoption thereof.2
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami File ID: 1017 (Revision: A) Printed On: 6/4/2018
APPROVED AS TO FORM AND CORRECTNESS:
ria ndez, ity ttor ey 10/312016
City of Miami File ID: 1017 (Revision: A) Printed On: 6/4/2018