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2014-3842 Ordinance ORDINANCE NO. 2014-3842 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE IV ENTITLED "OFFICERS AND EMPLOYEES," BY AMENDING SECTION 2-191 ENTITLED "ENUMERATION OF ORGANIZATIONAL UNITS," BY CREATING THE OFFICE OF COMMUNICATIONS, OFFICE OF BUDGET AND PERFORMANCE IMPROVEMENT, INFORMATION TECHNOLOGY DEPARTMENT, PROCUREMENT DEPARTMENT, TOURISM, CULTURE AND ECONOMIC DEVELOPMENT DEPARTMENT, PLANNING DEPARTMENT, OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT, AND OFFICE OF CAPITAL IMPROVEMENT PROJECTS; ELIMINATING THE DIVISIONS UNDER OFFICES AND DEPARTMENTS; AND FURTHER PROVIDING AMENDMENTS TO THE NAMES OF CERTAIN DEPARTMENTS AND OFFICES; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, there currently exists the need to make modifications to the Miami Beach City Code in order to properly enumerate the existing administrative structure of the City; WHEREAS, Section 4.02 of the Code sets forth the functions and powers of the City Manager, which include appointing all directors of the several departments now existing, or to be created, with the consent of the Commission, and to the remove the same at will, except for the Legal Department and the City's Clerks Office; and WHEREAS, the modifications contained herein provide an accurate representation of the City's administrative structure. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 2-191 of City Code Chapter 2, entitled "Administration," is hereby amended as follows: Section 2-191. Enumeration of organizational units. The administration or organization units of the city shall be as follows: (a) Gity maRageF Office of the city manager. (1) 0#ino of r`ommi inity relationsip blip infnrmr+� ��.rrrr��r -r��rcrvrr� (2) nine of management and budget-. (3) nine of risk management (4) n#iGe of nh*!dFen's a#a',,. (5 TGe of internal audit. (6) n # c+ ine of elder aair C°7—°TAT (b) Office of the City Attorney. (c) Office of the City Clerk. (d) Finance department. 1 (e) Human resources department. (f) Building se%department. (1) Building division (' , design and hiStGFOG nresenva+irnn department. (1) EGGnGmlre and nom 1 Inity prrT deyelnvpment diyisiev� �r (7) Dlanning, de6ign and histnri�re nrreesepvat' n daVOsiGR. (h) Rerereatinnl ,.t Iltl Ire and ''Parks and recreation department. (1) ArlministratieR division (2) Beanh natrnl di isinn (33) Parks maainrt ree division (4) Rerereatien dig 1 I (5) I andSGane mainte_Raa_RGe division, (i) Parking department. (1) Arlministratinn division (2) OR-street naFking diyisk) (3) Off street Garbing divas'nn � (j) Fire department. ! nt Ie diyi6inn tz�--���u�,arvrsr�r�.- (3) Support seNiGes diyisleR l� (4) DreyentlGn do isinn (k) Police department. (1) OffiGe Gf the nhief !7\ DatrGl diVisiGn (3) SI to seNiGes rliyisieR (4) Griminal iRyestigatinns division. (5) Terehnireal seNiGes division (1) General seniirees -jenartment.se. (1) Gentral seNiGes division (2) Gemputers and nnmmllnireation divisieR. (3) Clout management division (4) PFeperty management d"Visinn (5) Drnnl Yemen+division (6) (;nnctrlIGtinn management diyicinn (m)Public works department. 0) AdR;mnistratinn divisiGn (7l Cngineerin9 dOV060nn (3) Streets and streetlight di�iisiGn (4) Sewer dlygsinn (5) Qtnrmwater divisiGn I . (6) WateF ' (7) Gnnstrt Iretinn and finannial management rli�ii inn VII MVVIVI I MI Imo.. 111 IMI IVILAI I I ILAI ILA<A VI I tVI-7TH (8) Cnvirnnmental r management di�iisinn (n) Code compliance department. (0) GGRyentinn reenter department (,mi) Bass Museum tm of Art department (q) Office of communications. (r) Office of budget and performance improvement. (s) Information technology department. (t) Procurement department. (u) Tourism, culture and economic development department. a (v) Planning department. (w) Office of housing and community development. (x) Office of capital improvement projects. SECTION 2. CODIFICATION It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article" or other appropriate word. SECTION 3. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect on the day of Februar t , 2014. PASSED AND DULY ADOPTED by the Mayor and City Commission of the City of Miami Beach, Florida, this /ol ¢h day of Fe , 2014. l Philip Le ,fi Mayor ATTEST: APPROVED As To z---q &R-A M& LANGUAGE FOR EXECU"riON Rafael k. Granado City Clerk �. C, Ciiy Atforne Dote ORA E � ':{NCORF AT EL- 26 3 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance of the Mayor and City Commission of The City Of Miami Beach, Florida, Amending Chapter 2 of the Miami Beach City Code Entitled "Administration," by Amending Article IV Entitled "Officers And Employees," by Amending Section 2-191 Entitled "Enumeration Of Organizational Units." Key Intended Outcome Supported: Maximize efficient delivery of services; strengthen internal controls Item Summary/Recommendation: SECOND READING Section 2-191 of the Miami Beach City Code requires that the organizational units be created by law or ordinance. The last time Section 2-191 was amended was when the Office of Elder Affairs was created in December 1999. Many organizational changes have taken place since then, the most recent of which are separating Code Enforcement from the Building Department and creating the Office of Housing and Community Development; two items that are on the agenda for your consideration today. Section 4-02 of the Code sets forth the functions and powers of the City Manager, which include appointing all directors of the several departments now existing, or to be created, with the consent of the Commission, and to the remove the same at will, except for the Legal Department and the City's Clerk's Office. Therefore, the proposed ordinance reflects a reality that has developed over time. While the proposed ordinance appears to reflect many new organizational units, they were already in existence upon my arrival. During my tenure, I made departments of the following divisions: Information Technology, Communications and Procurement. Appointees to direct those new departments were confirmed at the July 17, 2013, City Commission meeting. The proposed ordinance was passed on first reading during the January 15, 2014 City Commission meeting. The Administration recommends adopting the proposed ordinance on second reading at the February 12, 2014 City Commission meeting. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 NA NA 2 NA NA 3 NA NA OBPI Total NA Financial Impact Summary: City Clerk's Office Legislative Tracking: Sylvia Cres o-Tabak, Human Resources Director Sign-Offs: Department Director Assistant City Manager City Manager S Ivia Crespo-Tabak Kathie G. Brooks immy L. orates TAAGENDA\2014\Februa�Amendment to City Code-Depart ents and Offices\Code Change Summary doc 2nd eading. ocx AGENDA ITE r, y �, MIA/01BEACH DATE MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members f the City mmission FROM: Jimmy L. Morales, City Manager DATE: February 12, 2014 SUBJECT: AN ORDINANCE OF THE MAYO AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "OFFICERS AND EMPLOYEES" BY AMENDING SECTION 2-191 ENTITLED "ENUMERATION OF ORGANIZATIONAL UNITS". SECOND READING ADMINISTRATION RECOMMENDATION Section 2-191 of the Miami Beach City Code requires that the organizational units be created by law or ordinance. The last time Section 2-191 was amended was when the Office of Elder Affairs was created in December 1999. Many organizational changes have taken place since then, the most recent of which are separating Code Enforcement from the Building Department and creating the Office of Housing and Community Development; two items that are on the agenda for your consideration today. The City Commission approved the proposed ordinance on first reading at the January 15, 2014 City Commission meeting. The Administration recommends adopting the ordinance on second reading at the February 12, 2014 City Commission meeting. BACKGROUND began my tenure as City Manager for the City of Miami Beach in April 2013, with a strong commitment to ensuring that our residents, businesses and visitors continue to receive the highest levels of services; a commitment which, among many other things, called for an evaluation of the organization's structure and resulted in revisiting a process that appears to have been dormant for the last 15 years. While the proposed ordinance appears to reflect many new organizational units, they were already in existence upon my arrival. During my tenure, I made departments of the following divisions: Information Technology, Communications and Procurement. Appointees to direct those new departments were confirmed at the July 17, 2013, City Commission meeting. After the departure of the Real Estate, Housing and Community Development's division director, her responsibilities were absorbed by the director of the Department of Tourism, Cultural and Economic Development, Max Sklar, and the Community Services Division Director, Maria Ruiz. After months of functioning under this structure, I have given Max Sklar permanent responsibility for real estate and asset management, and am City Commission Memorandum—Amending Section 2-191 February 12,2014 Page 2 of 2 recommending the creation of the Office of Housing and Community Development to be directed by Maria Ruiz. CONCLUSION The Administration recommends adopting the ordinance at the February 12, 2014 City Commission meeting. " � JLM/KG /SC-T/ NG T:\AGENDA\2014\February\Amendment to City Code - Departments and Offices\Memo departments and offices code amendment 2nd Reading.docx 16NE I THURSDAY,JANUARY 30,2014 NE `�A` " �/ MiamiHerald.com I MIAMI HERALD MIAMMEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the following public hearings will be heard by the Mayor and City Commission of the City of Miami Beach,Florida,in the Commission Chambers,3rd Floor,City Hall,1700 Convention Center Drive,Miami Beach,Florida,on Wednesday,February 12,2014: 10:10 a.m.—Single Family Development Regulations/An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach,Florida,By Amending Chapter 142,"Zoning Districts And Regulations,"Division 2,"RS-1,RS-2,RS-3,RS-4 Single-Family Residential Districts,"By Amending The Criteria And Procedures For The Review And Approval Of Single-Family Residential Construction,By Replacing The `-Single-Family Residential Review Panel,By Clarifying And Amending The Standards And Procures For Reviewing New Construction And Additions In Single Family Districts,Including Modifications To Lot Coverage,Unit Size -And Overall Height,By Clarifying The Below Flood Level Construction Requirements For Affected.Properties In High Flood Zones,And By Clarifying Setback And Lot Coverage Requirements.Inquiries maybe directed to the Planning Department at 305-673-7550. 10:25 a.m.—Architecturally Significant Single Family Home Retention Incentives/An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach,By Amending Chapter 142,"Zoning Districts And Regulations,"Article II,"District Regulations,"Diftion 2,"Single-Family Residential Districts,"By Revising The Standards And Review Requirements For New Construction,Additions And Modifications To Properties That Contain An Architecturally Significant Single Family Home Not Located Within A Designated Historic District.Inquiries may be directed to the Planning Department at 305-673-7550. 10:40 a.m.—Alton Road Historic District Buffer Overlay/Ordinance Amending The Code Of The City Of Miami Beach,Florida,By Amending Chapter 142,"Zoning Districts And Regulations,"Article III,"Overlay Districts,"Creating Division 8"Alton Road-Historic District Buffer Overlay,"By Including Section 142-858"Location And Purpose,"And Section 142-859"Development Regulations,"Including Among Other Provisions Regulations On Maximum FloorArea Ratio;Maximum Building Height;Minimum Setbacks;Building Separation;Demolition OrAdditions To Contributing Buildings In An Historic District;And Land Use Regulations For Location Of Retail Uses,Restaurants, Bars,Entertainment Establishments,Alcoholic Beverage Establishments And Similar Uses;Requiring Conditional Use Approval,Of Such Uses In Excess Of 10,000 Sq.Ft.;And Prohibiting Alcoholic Beverage And Entertainment Establishments In Open Areas With Exceptions.As Prescribed In The Ordinance.Inquiries may be directed to the Planning Department at 305-673-7550. 10:55 a.m.—Mechanical Parking Systems/Ordinance Amending The Land Development Regulations Of The City Code By Amending Chapter 130"Off-Streetr Parking,"Article II"Districts,Requirements,"Section 130-38, "Mechanical And Robotic Parking Systems,"By Modifying The Requirements For Mechanical Parking Devices And Robotic Parking Systems.Inquiries maybe directed to the Planning Department at 305-673-7550. 11:05 a.m. Talmudic University-RM-2 Heights/Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach,By Amending Chapter 142,"Zoning Districts And Regulations,"Article 11, "District Regulations,"Subdivision IV,"RM-2—Residential Multifamily,Medium Intensity,"Section 142-217,"Area Requirements,"To Modify The Requirements For Maximum Building Height And Maximum Number Of Stories Within The RM-2 District Along Afton Road Between Arthur Godfrey Road And West 34th Street.Inquiries may be directed to the Planning Department at 305-673-7550. 11:15 a.m.—Ordinance Amending The Code Of The City Of Miami Beach,By Amending Chapter 54,Entitled"Floods,"By Amending Article 11,Entitled"Floodplain Management,"By Amending Division 1,Entitled"Generally,"By Amending Section 54-35,Entitled"Definitions"By Amending The Definition Of"Substantial Improvement"To Apply To Improvements Taking Place During A One Year Period Instead Of During A Five Year Period.Inquiries may be directed to the Building Department at 305-673-7610. 11:25 a.m.—Ordinance Amending Chapter 2 Of The City Code,Entitled"Administration,"By Amending Article III,Entitled"Agencies,Boards And Committees"To Streamline The City's Boards By Expanding The Powers,Duties And/Or Membership Of Certain Agencies,Boards And Committees And Abolishing Those That Are Superseded By The Enhanced Agencies,Boards,And Committees.Inquiries may be directed to the CityAttomey's Office at 305-673-7470. 11:35 a.m.—No Wake Zone Ordinance/Ordinance Amending The Code Of The City Of Miami Beach,By Amending Chapter 66,Entitled"Marine Structures,Facilities And Vehicles,"By Amending Article II,Entitled"Restricted Wake Zones,"By Amending Section 66-43,Entitled"Restricted Areas,"By Amending Subsection C Thereof Regarding The Slow Speed,Minimum Wake Zone By Amending The Boundaries Thereof And Amending Area C On T e Appendix Thereto.Inquiries may be directed to the City Attorneys Office at 305-673-7470. 11:45 a.m.—Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled"Administration,"By Amending Article IV Entitled"Officers And Employees,"By Amending Section 2-191 Entitled"Enumeration Of Organizational Units,"By Creating The Office Of Communications,Office Of Budget And Performance Improvement,Information Technology Department,Procurement Department,Tourism,Culture And Economic Development Department,Planning Department,Office Of Housing And Community Development,And Office Of Capital Improvement Projects;Eliminating The Divisions Under Offices And Departments;And Further Providing Amendments To The Names Of Certain Departments And Offices.Inquiries may be directed to the Human Resources Department at 305-673-7524. 11:55 a.m.—MBERP For GSAF/Ordinance Implementing Provisions Of The 2012-2015 Collective Bargaining Agreement Between The City And The Government Supervisors Association Of Florida,OPEIU,Local 100(GSAF); Amending The Miami Beach Employees'Retirement Plan Created By Ordinance 2006-3504;Amending Section 2.26 Of The Plan By Extending The Deferred Retirement Option Plan(DROP)Program From Three(3)To Five (5)Years For Eligible Members;Amending Section 5.13 To Reflect Amended Eligibility And Participation Requirements And Amended DROP Plan Features;Amending Section 4.03 By Eliminating The Purchase Of Additional Creditable Service For Certain Members;Amending Section 6.03 Requiring The City To Contribute At Least The Normal Cost To Pension Each Year,Requiring An Experience Study At Least Every Three(3)Years And Requiring Five(5),Ten(10)And Twenty(20)Year Projections Of Required Pension Contributions As Part Of The Annual Actuarial Valuation.Inquiries may be directed to the Human Resources Department at 305-673-7524. Dr.Stanley Sutnick.Citizen's Forum—Pursuant to Resolution No.2013-28440,the times for the Dr.Stanley Sutnick Citizen's Forum have been changed to 8:30 a.m.and 1:00 p.m.,or as soon as possible thereafter. Approximately thirty minutes will be allocated to each session,with individuals being limited to no more than three minutes or for a period established by the Mayor.No appointment or advance notification is needed in order to speak to the Commission during this Forum. INTERESTED PARTIES are invited to appear at this meeting,or be represented by an agent,or to express their views in writing addressed to the City Commission,c/o the City Clerk,1700 Convention Center Drive,111 Floor, City Hall,Miami Beach,Florida 33139.Copies of these items are available for public inspection during normal business hours in the City Clerk's Office,1700 Convention Center Drive,111 Floor,City Hall,Miami Beach, Florida 33139.This meeting,or any item herein,may be continued,and under such circumstances,additional legal notice need not be provided. Rafael E.Granado,City Clerk - City of Miami Beach Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that:if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its.meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute-consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format,sign language interpreters,information on access for persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored proceeding, please contact us five days in advance at 305-673-7411(voice)or TTY users may also call the Florida Relay Service at 711. 4d#855