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2014-3865 Ordinance ORDINANCE NO.. 2014-3865 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 HOUSING AND COMMUNITY SERVICES, TRANSPORTATION DEPARTMENT; AND 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 Clerk's 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) Office of the city manager. (b) Office of the City Attorney. (c) Office of the City Clerk. (d) Finance department. (e) Human resources department. (f) Building department. (g) Fire department. (h) Police department. (i) Public works department. 0) Code compliance department. (k) Office of communications. (1) Office of budget and performance improvement. (m)Information technology department. (n) Procurement department. (o) Transportation department. (p) Tourism, culture and economic development department. (q) Planning department. (r) Office of housing and community services. (s) Office of capital improvement projects. 1 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 W day of , 2014. PASSED AND DULY ADOPTED by the Mayor and City Commission of the City of Miami Beach, Florida, this v?/ day of , 2014. -P ip Levi :%INCORIP Or AT D ATTEST: Rafael . Granado City Clerk APPROVED AS TO 'IF'ORM 8t LANGUAGE FOR EXECUTION �.;;i+�Aflo y DW19 2 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 AND PUBLIC HEARING Section 2-191 of the Miami Beach City Code requires that organizational units be created by law or ordinance. Section 2-191 was amended for the first time since 1999, in February 2014, due to the organizational changes that had taken place since April 1, 2013. When the item was presented to the City Commission for its consideration, there was a scrivener's error in the title, which mistakenly reflected the Office of Housing and Community Development instead of the correct title of the Office of Housing and Community Services. The proposed ordinance seeks to correct this error. In addition, there is the creation of the Transportation Department. This standalone department will help to ensure the safe, secure, and efficient movement of people and goods through a comprehensive transportation system that provides mobility, livability, and accessibility, and will promote alternative modes of travel, while ensuring environmental and economic sustainability for our community. The Administration recommends approving the ordinance. 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 Sylvia Crespo-Tabak Kathie A. Brooks Jimmy L. Morales TAAGENDA\2014\May\Departments-Code Amendment\Summary departments and offices code ame d ent 2nd Reading May 21 2014.docx ® AGENDA ITEM MIAMIBEACH DATE MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSI N MEMORANDUM TO: Mayor Philip Levine and Members Ithe City C mmission FROM: Jimmy L. Morales, City Manager DATE: May 21, 2014 SUBJECT: AN ORDINANCE OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLE "ADMINISTRATION," BY AMENDING ARTICLE IV ENTITLED "OFFICERS AND EMPLOYEES," BY AMENDING SECTION 2-191 ENTITLED "ENUMERATION OF ORGANIZATIONAL UNITS," BY CREATING THE OFFICE OF HOUSING AND COMMUNITY SERVICES AND TRANSPORTATION DEPARTMENT; AND PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. SECOND READING AND PUBLIC HEARING ADMINISTRATION RECOMMENDATION The Administration recommends the approval of the ordinance. BACKGROUND Section 2-191 of the Miami Beach City Code requires that organizational units be created by law or ordinance. Section 2-191 had last been amended in 1999, when in February 2014; an ordinance was presented to the Commission as a result of the organizational changes that have taken place since the beginning of my tenure, April 1, 2014. Unfortunately, when the item was presented to the City Commission for its consideration, there was a scrivener's error in the title, which mistakenly reflected the Office of Housing and Community Development instead of the correct title of the Office of Housing and Community Services. The proposed ordinance seeks to correct this error. In addition, I am recommending for the creation of the Transportation Department. This standalone department will help to ensure the safe, secure, and efficient movement of people and goods in a comprehensive transportation system that provides mobility, livability, and accessibility, and will promote alternative modes of travel, while ensuring environmental and economic sustainability for our community. CONCLUSION The Aflonistration recommends approving the ordinance. AV J LM/K B/SC-T T:\AGENDA\2014\May\Departments - Code Amendment\Memo departments and offices code amendment 2nd reading May 21 2014.docx MIAMI HERALD I MiamiHerald.com NE THURSDAY,MAY 8,2014 1 TINE MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that public hearings will be held 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,May 21,2014,to consider the following: 10:45 a.m. Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled"Administration,"By Amending Article N Entitled"Officers And Employees,"By Amending Section 2-191 Entitled"Enumeration Of Organizational Units,"By Creating The Office Of Housing And Community Services And Transportation Department.Inquiries may be directed to the Human Resources Department 305-673-7524. 10:50 a.m. Ordinance Amending Ordinance No.789,The Classified Employees Salary Ordinance Of The City Oi Miami Beach,Florida,As Follows:Providing For The Classifications In Group I,Represented By The American Federation Of State,County And Municipal Employees(AFSCME)Loral 1554,In Accordance With The Negotiated 2013.2016 Collective Bargaining Agreement;Effective Upon Ratification Of The Collective Bargaining Agreement,The 2009 Condrey Classification And Compensation Study,Inclusive Of Subsequent Amendments,Will Be Implemented,Establishing The Minimum Salary For All Bargaining Unit Classifications In Accordance With"Scale C"Of The Study,And Establishing The Maximum Salary For All Bargaining Unit Classifications In Accordance With'Scale B"Of The Study;Effective April 1,2014,There Shall Be An Across The Board Cost-Of-Living Adjustment(COLA)Of Two Percent(2%),And The Minimum And Maximum Of Each Pay Range.Including The Pay Ranges In The 2009 Condrey Classifications And Compensation Study,As Amended,Will Also Be Increase By Two Percent(2%);Further,Effective April 1,2015,There Shall Be An Across The Board Cost-Of-Living Adjustment'(COLA)Of One Percent(I%),For Employees Whose Base Salary Does Not Exceed The Maximum Of Their Pay Ranges As Recommended By The 2009 Condrey Classification And Compensation Study"Pay Scale B,"Inclusive Of Subsequent Amendments,And The Minimum And Maximum Of Each Pay Range,Including The Pay Ranges In The 2009 Condrey Classification And Compensation Study,As Amended,Will Also Be Increased By One Percent(1%);Repealing All Ordinances In Conflict,inquiries may be directed to the Human Resources Department 305-673-7524. 10:55 a.m. Others Salary Ordinance An Ordinance Amending Ordinanpe No.789,The Classified Employees Salary Ordinance Of The City Of Miami Beach,Florida,As Follows:Providing For The Classifications in Group VI,Not Represented By A Collective Bargaining Unit And Commonly Referred To As"Others";Effective April 23,2014,Adopting The 2009 Condrey Classification And Compensation Study,Amended By Seven Percent(7%)In August 2013,By The Consultant,Establishing The Minimum Salary For All"Others"Salary Group Classifications In Accordance With"Scale C"01 The Study,And Establishing The Maximum Salary For All"Others"Salary Group Classifications in Accordance With"Scale B'Of The Study;Adopting The Classification Titles As Recommended Therein,Amending The Minimum And Maximum Of Each Range By Two Percent(2%)Effective April 23,2014 And One Percent(I%)Effective April 1,2015;Changing The Title Of The Human Resources Technicians I,II And 18 To Human Resources Technician;Deleting The Following Obsolete Classifications:Administrative Aide II/Risk And Employee Benefits Specialist;And Establishing The Newly Created Classification Of Case Worker Assistant And Recreation Attendant;Repealing All Ordinances In Conflict.inquiries may be directed to the Human Resources Department 305-673-7524. 11:00 a.m. Unclassified Salary Ordinance An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach,Florida,Amending Ordinance No.1605,The Unclassified Employees Salary Ordinance Of The City 01 Miami Beach,Florida,As Follows:Providing For The Classifications In GmupVll,Comprised Of At-Will Employees Commonly Referred To As"Unclassified Employees",Effective April 23,2014;Adopting The 2009 Condrey Ctassificalion And Compensation Study,Amended By Seven Percent(7%)In August 2013,By The Consultant;Establishing The Minimum Salary For All Unclassified Salary Group Classifications,In Accordance With"Scale C"Of The Study,And Establishing The Maximum Salary For All Unclassified Salary Group Classifications,In Accordance With 'Scale B"Of The Study;Amending The Minimum And Maximum 01 Each Range By Two Percent(2%),Effective April 23,2014,Arid One Percent(1%),Effective April 1,2015;Adopting The Following Classification Titles:From Chief Structural Plans Examiner To Chief Structural Engineer;From ExpenditurefTreasury Manager To Treasury Manager;From Executive Assistant To The City Manager To Assistant To The City Manager,From Utility Superintendent To Water And Sewer Superintendent; From Property Management Contracts Coordinator To Maintenance Management Coordinator,From Tourism And Convention Director To Marketing And Tourism Manager;From Labor Relations Division Director To Labor Relations Manager;From Chief Engineering Inspector To Governmental Compliance Coordinator,From Field Supervisor To Field Inspections Supervisor-CIP/Planning And Zoning Inspector,From Police Financial Assistant To Business Manager;From Community Development Specialist To Housing Arid Community Development Specialist;From Feld Agent To Tax Auditor;From Constituent/Commission Aide To Commission Aide;From Call Center/Customer Service ManagerTo Community Outreach Manager;From Truancy Prevention Program Coordinator To Truancy Coordinator,From Assistant Director Parks/Assistant Director Recreation To Assistant Director Parks And Recreation;From Departmental ADA Coordinator To ADA Coordinator,From Urban Forrester To Parks Superintendent-Urban Forrester,Creating The Following New Classification Titles:Asset Specialist;Assistant City Attorney I;Educational Aide;Parks And Recreation Administrative Specialist;Ptanner I And Planner 11;Developmenl And MBTV Director;Public Arts Coordinator;Program Coordinator(Youth Empowerment Network);Project Manager;Senior Legal Secretary;Tutoring Supervisor;Incorporating The following Additional Classification Changes:From Assistant Director-Code Compliance To Code Compliance Assistant Director;From Housing And Community Development Division Director To Housing And Community Services Director,Deleting The Following Obsolete Classifications:Account Manager-Finance;Assistant For Labor Relations;Office Of Child Development Director,Real Estate Housing And Community Development Director;Labor Relations Director,Housing,Community And Economic Development Division Director;Office Of Community Services Division Director,Public Safety Special Projects Coordinator;Registrar;Arid Establishing The following Newly Created Classifications Since The 2009 Condrey Study:Building Official;Recreation Supervisor II;Code Compliance Director;Senior Code Compliance Administrator;Senior Media Specialist;Senior Business Manager,Capital Improvement Projects Division Director;Chief Learning And Development Officer;Emergency Management Specialist;Intern;Housing And Community Services Department Director,Management And Budget Analyst I;Mayor And Commission Branding Manager;Mayor And Commission Office Manager;Planning Department Deputy Director;Public Safety Communications Unit Director,Secretary;Senior Human Resources Specialist;Transportation Analyst;Transportation Operations Supervisor,Transportation Director;Permitting The Recognition Of Those Unclassifed Employees Over The Maximum Of Their Respective Salary Ranges,By Allowing For A One-Time,Non-Recurring,Non-Pensionable Adjustment Of Up To Two Percent(2%)Of Their Salaries(Based On Whether They Met,Exceed Or Significantly Exceed Performance Expectations,As Reflected By The Ratings On Their Individual Performance Evaluations);Repealing All Ordinances In Conflict Therewith;Providing For Severability,An Effective Date,And Codification.Inquiries may be directed to the Human Resources Department 305-673.7524. 11:15 am. Religious Uses Ordinance-Religious Land Use And Institutionalized Persons Act(RLUIPA) An Ordinance Amending The City Of Miami Beach Code,By Amending Chapter 142,"Zoning Districts And Regulations,"Article 11,"District Regulations,"And Article N,"Supplementary District Regulations,'To Provide For The Equal Treatment Of Religious Institutions In Multifamily,Commercial And Industrial Districts,As Required By Federal Law,Allowing Religious institutions As A Matter Of Right Up To 199 Occupancy,As Either Main Permitted Or Accessory Uses As Set Forth In The Respective Zoning Districts,And Requiring Conditional Use Approval For Such Uses With Higher Occupancy.Inquiries may be directed to the Planning Department 305-673-7550. 1125 a.m. Single Family Parking Space Removal An Ordinance Amending The City Code,By Amending Chapter 106,'Traffic And Vehicles,"Article 11,"Metered Parking,"Division 1,"Generally,"Section 106-55,"Parking Rates,fees And Penalties,"To Modify On-Street Parking Space Removal Requirements For Single Family Uses.Inquiries may be directed to the Planning Department 305-673-7550. 11:35 a.m. Repeal Of An Ordinance Amending The Code Of The City Of Miami Beads,Florida,By Chapter 142,"Zoning Districts And Regulations,"Article 11,"District Regulations,"Division 5,CD-2-Commercial,Medium Intensity District,"By Removing "Self-Storage Warehouses"As A Conditional Use In This Zoning District;Providing For Repealer,Severability,Codification And An Effective Date. 5:05 p.m. Alton Road Historic District Buffer Overlay.An Ordinance Amending The Code Of The City Of Miami Beads,Florida,i3y Amending Chapter 142,"Zoning Districts And Regulations,"Article III,"Overlay Districls,"Creating Division 9"Alton Road- Historlc District Buffer Overlay,By Including Section 142-863'Location And Purpose,'And Section 142-864"Development Regulations,"Including Among Other Provisions Regulations On Maximum Floor Area Ratio;Maximum Building Height; Minimum Setbacks;Building Separation;Demolition Or Additions To Contributing Buildings M An Historic District;And Land Use Regulations for Location 01 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; Providing For Codification;Repealer,Severability;And An Effective Date.Inquiries may be directed to the Planning Department at 305-673-7550. N07F.See also advertisement ll 886,for additional public hearings occurring on May 21,2014. Dr.Stardey Sutnick Citizen's Forum-The times for the Dr.Stanley Sutnick Citizen's Forum are 8:30 a.m.and 1:00 pm.,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,1"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,10 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. Pursuant to Section 286.0105,Fla.Stal.,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. Rafael E.Granado,City Clerk City of Miami Beach