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R5A-Amend Chapter 62 Human Relations -Notices- -Bower-G�ngora-COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending the Code of Miami Beach, by amending Chapter 62, entitled "Human Relations," by amending Article II, entitled "Discrimination," by amending Division 3, entitled "Regulations," by adding Sec. 62- 92 requiring the posting of notices in every place of employment, public accommodation, housing accommodation, and City facility that falls subject to the Human Rights Ordinance indicating the applicable substantive provisions of the Human Rights Ordinance, the place where complaints may be filed, and such other information as the City deems pertinent, and providing for enforcement procedures. Key Intended Outcome Supported: Promote and celebrate our City's Diversity. Supporting Data (Surveys, Environmental Scan, Etc.): N/A Item Summary/Recommendation: The Miami Beach Human Rights Committee (MBHRC) has determined that many residents and visitors are unaware of the City's Human Rights Ordinance. The MBHRC passed two resolutions urging the City Commission to amend the Human Rights Ordinance to require that notice be posted in every place of employment, housing or housing accommodation, City Department or Facility, and public accommodation that falls subject to the Human Rights Ordinance in order to provide residents and visitors with vital information concerning their right to be free of discrimination because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital and familial status, or age. The proposed Ordinance requires the posting of notices in every place of employment, housing or housing accommodation, City Department or Facility, and public accommodation that falls subject to the Human Rights Ordinance, indicating the applicable substantive provisions of the Human Rights Ordinance, the place where com plaints may be filed, and such other information as the City deems pertinent, and providing for enforcement procedures. One year after the effective date of the proposed Ordinance, penalties for its violation shall be assessed (except against the City) by Code Compliance Division officers or by the Administrator upon complaint, or upon recommendation by a majority vote of the MBHRC as follows: for the first violation, a fine of $50.00; for the second violation, a fine of $100.00; for the third violation, a fine of $150.00; for the fourth and any subsequent violation, a fine of $200.00. Violations may be appealed before the Special Master. On September 11, 2013, the Miami Beach City Commission unanimously (6-0; Absent Commissioner Weithorn) approved the proposed Ordinance, as amended, on first reading; and set a second reading/public hearing for October 16, 2013. At the suggestion of Commissioner Libbin, the proposed Ordinance was amended to include a provision that after a warning is received during the one-year amnesty/educational period, subsequent violations during the amnesty/educational period will be issued a fine as set forth in Section 62-92(f). The Administration recommends, on behalf of the MBHRC, that this Ordinance be approved on second readinQ. Advisory Board Recommendation: Mayor Bower and Commissioner G6ngora referred the MBHRC's resolutions to the LUDC for consideration. At the January 23, 2013 and July 22, 2013 LUDC meetings, the members present recommended by a vote of 2-0 that this Ordinance be forwarded to the full Commission for its consideration. Financial Information: Source of Amount Account Approved Funds: 1 OBPI Total The cost to the City would be the staff time required to design the notice. The enforcement of the proposed Ordinance would be done by existing Code Compliance Division staff. Assistant City Manager REG JLM OTICE ORDINANCE\NOTICE ORDINANCE SUMMARY.doc MIAMI BEACH 491 AGENDA IT EM __:;.R....:...=.S..;_A;..___ DATE IO ... Lbp/3 MIAMI BEACH OFFICE OF THE CllY MANAGER COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me FROM: Jimmy L. Morales, City Manager DATE: October 16, 2013 Second Reading SUBJECT: AN ORDINANCE OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMEND NG THE CODE OF THE CITY OF MIAMI BEACH BY AMENDING CHAPTER 62, ENTITLED "HUMAN RELATIONS," BY AMENDING ARTICLE II, ENTITLED "DISCRIMINATION," BY AMENDING DIVISION 3, ENTITLED "REGULATIONS," BY ADDING SEC. 62-92 TO REQUIRE THE POSTING OF NOTICES IN EVERY PLACE OF EMPLOYMENT, PUBLIC ACCOMMODATION, HOUSING ACCOMMODATION, AND CITY FACILITY THAT FALLS SUBJECT TO THE HUMAN RIGHTS ORDINANCE INDICATING THE APPLICABLE SUBSTANTIVE PROVISIONS OF THE HUMAN RIGHTS ORDINANCE, THE PLACE WHERE COMPLAINTS MAY BE FILED, AND SUCH OTHER INFORMATION AS THE CITY OF MIAMI BEACH DEEMS PERTINENT; PROVIDING FOR ENFORCEMENT PROCEDURES AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION: Approve the Ordinance on second reading. BACKGROUND: On January 13, 2010, the Mayor and City Commission of the City of Miami Beach ("the City") adopted Ordinance 2010-3669, amending the City of Miami Beach Human Rights Ordinance. The Human Rights Ordinance established the Miami Beach Human Rights Committee (MBHRC), which has as one of its principal duties recommending to the City Manager and the City Commission legislation that would further the purpose of eliminating and preventing discrimination in every place of employment, housing or housing accommodation, public accommodation, and City facility because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital and familial status, or age. The MBHRC has determined that many residents and visitors to Miami Beach are unaware of the City's Human Rights Ordinance. On June 19, 2012, the MBHRC passed a resolution urging the Mayor and City Commission to amend the Human Rights Ordinance to incorporate notice requirements to be posted at all public accommodations and places of employment that are subject to the Human Rights Ordinance, in order to provide Miami Beach residents and visitors with vital information concerning their rights. On February 12, 2013, the Human Rights Committee passed a second resolution urging the Mayor and City Commission to further amend the Human Rights Ordinance to incorporate notice requirements to be posted at all places of housing and housing accommodations and City of Miami Beach Departments and Facilities that are subject to the Human Rights Ordinance, in order to provide Miami Beach residents and 1 492 visitors with vital information concerning their rights. The February 12, 2013 resolution further urged the Mayor and City Commission to amend the Human Rights Ordinance to provide for enforcement and penalties for violation of these notice requirements. Following Mayor Matti Herrera Bower and Commissioner Michael Gongora's referrals of the Human Rights Committee's resolutions to the Land Use & Development Committee (LUDC), the LUDC considered and discussed the matter on January 23, 2013 and July 22, 2013, and recommended by a vote of 2-0 that this Ordinance be forwarded to the full Commission for its consideration. During the LUDC meetings, Commissioner Libbin expressed support for the proposal, but did not want heavy penalties for not posting the notices. Commissioner Gongora expressed support for the proposal. On September 11, 2013, the Miami Beach City Commission unanimously approved the proposed Ordinance, as amended, on first reading\ and set a second reading/public hearing for October 16, 2013. At the suggestion of Commissioner Libbin, the proposed Ordinance was amended to include a provision that after a warning is received during the one-year amnesty/educational period, subsequent violations during the amnesty/educational period will be issued a fine as set forth in Section 62-92(f). SUMMARY OF PROPOSED ORDINANCE: The Proposed Ordinance requires: 1. Public Accommodations -Every person being the owner, lessee, sub-lessee, assignee, or managing agent of public accommodations subject to the Human Rights Ordinance to post and maintain at such public accommodations, in conspicuously and easily accessible well- lighted place where they may be readily observed by those seeking or visiting such public accommodations, notices furnished by the City of Miami Beach indicating the substantive provisions of the Human Rights Ordinances relative to public accommodations, the place where complaints may be filed and such other information as the City of Miami Beach deems pertinent. 2. Place of Employment -Every employer subject to the Human Rights Ordinance to post and maintain at its offices, places of employment or employment training centers, in a conspicuously and easily accessible and well-lighted place customarily frequented by employees and applicants for employment, notices furnished by the City of Miami Beach indicating the substantive provisions of the Human Rights Ordinance relative to employment, the place where complaints may be filed and such other information as the City of Miami Beach deems pertinent. 3. Housing or Housing Accommodation -Every person providing housing or housing accommodation services subject to the Human Rights Ordinance to post and maintain at such person's business or housing unit, in a conspicuously and easily accessible well- lighted place where they may be readily observed by those seeking or visiting such housing or housing accommodation services, notices furnished by the City of Miami Beach indicating the substantive provisions of the Human Rights Ordinance relative to housing and housing accommodations, the place where complaints may be filed and such other information as the City of Miami Beach deems pertinent. 1Ballot vote: 6-0; Absent: Commissioner Weithorn. 2 493 4. City Department or Facility -Every Department or Facility of the City of Miami Beach where City employees provide services or access to post and maintain at such Department or Facility, in a conspicuously and easily accessible well-lighted place where they may be readily observed by those seeking or visiting such City Department or Facility, notices furnished by the City of Miami Beach indicating the substantive provisions of the Human Rights Ordinance relative to public benefits and services, the place where complaints may be filed and such other information as the City of Miami Beach deems pertinent. A copy of the proposed notice, which will be made available on the City's webpage free of charge, is attached hereto as Exhibit "A." The proposed Ordinance imposes the following penalties: 1. One (1) year after the effective date of the Ordinance, penalties for its violation shall be assessed (except against the City of Miami Beach) by City of Miami Beach Code Compliance Division officers or by the Administrator upon complaint, or upon recommendation by a majority vote of the MBHRC as follows: (1) For the first violation, a fine of $50.00. (2) For the second violation, a fine of $100.00. (3) For the third violation, a fine of $150.00. (4) For the fourth and any subsequent violation, a fine of $200.00. Penalties shall be assessed by service of a notice of violation, served personally or by certified mail upon the property owner, business owner, or a manager present at the premises. Any person receiving a notice of violation may request, within fifteen (15) days of receiving the notice, an administrative hearing before the Special Master to appeal the decision of the City inspector or the Administrator resulting in the issuance of the notice. FISCAL IMPACT ANALYSIS: There is minimal anticipated fiscal impact associated with the proposed amendments to the Human Rights Ordinance. The cost to the City would be the staff time required to design the notice. The enforcement of the proposed Ordinance would be done by existing staff. The City will make available electronic copies of the required notice, which may be downloaded free of charge. CONCLUSION: The Administration recommends, on behalf of the MBHRC, that this Ordinance be approved on second reading. JM/reg @. T:\AGENDA\2013\0ctober 16\NOTICE ORDINANCE\NOTICE ORDINANCE MEMO FINAL.docx 3 494 ORDINANCE NO. ____ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH BY AMENDING CHAPTER 62, ENTITLED "HUMAN RELATIONS," BY AMENDING ARTICLE II, ENTITLED "DISCRIMINATION," BY AMENDING DIVISION 3, ENTITLED "REGULATIONS," BY ADDING SEC. 62-92 TO REQUIRE THE POSTING OF NOTICES IN EVERY PLACE OF EMPLOYMENT, PUBLIC ACCOMMODATION, HOUSING ACCOMMODATION, AND CITY FACILITY THAT FALLS SUBJECT TO THE HUMAN RIGHTS ORDINANCE INDICATING THE APPLICABLE SUBSTANTIVE PROVISIONS OF THE HUMAN RIGHTS ORDINANCE, THE PLACE WHERE COMPLAINTS MAY BE FILED, AND SUCH OTHER INFORMATION AS THE CITY OF MIAMI BEACH DEEMS PERTINENT, AND PROVIDING FOR ENFORCEMENT PROCEDURES; AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, on January 13, 2010, the Mayor and City Commission of the City of Miami Beach adopted Ordinance 2010-3669, amending the City of Miami Beach Human Rights Ordinance; and WHEREAS, the Miami Beach Human Rights Ordinance established the City of Miami Beach Human Rights Committee, which has as one of its principle duties recommending to the City Manager and the City Commission legislation that would further the purpose of eliminating and preventing discrimination in employment and public accommodations because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital and familial status, or age; and WHEREAS, the Mayor and City Commission adopt the Miami Beach Human Rights Committee's finding, made at its June 19, 2012 and February 12, 2013 meeting, that many residents and visitors to Miami Beach are unaware of the City's Human Rights Ordinance; and WHEREAS, the Mayor and City Commission also adopt the Miami Beach Human Rights Committee's concurrent finding that amending the Miami Beach Human Rights Ordinance to require every person being the owner, lessee, sub-lessee, assignee, or managing agent of public accommodations subject to the Miami Beach Human Rights Ordinance to post and maintain at such public accommodations, in conspicuously and easily accessible well-lighted place where they may be readily observed by those seeking or visiting such public accommodations, notices furnished by the City of Miami Beach indicating the substantive provisions of the Human Rights Ordinances relative to public accommodations, the place where complaints may be filed and such other information as the City of Miami Beach deems pertinent, to be an important tool to provide residents of and visitors to Miami Beach with vital information concerning their rights under the City's Human Rights Ordinance; and WHEREAS, the Mayor and City Commission also adopt the Miami Beach Human Rights Committee's concurrent finding that amending the Miami Beach Human Rights Ordinance to require every employer subject to the Miami Beach Human Rights Ordinance to post and maintain at its offices, places of employment or employment training centers, in a conspicuously and easily accessible and well-lighted place customarily frequented by employees and 495 / ------------------------ applicants for employment, notices furnished by the City of Miami Beach indicating the substantive provisions of the Human Rights Ordinance relative to employment, the place where complaints may be filed and such other information as the City of Miami Beach deems pertinent, to be an important tool to provide residents of and visitors to Miami Beach with vital information concerning their rights under the City's Human Rights Ordinance; and WHEREAS, the Mayor and City Commission also adopt the Miami Beach Human Rights Committee's concurrent finding that amending the Miami Beach Human Rights Ordinance to require every person providing housing or housing accommodation services subject to the Miami Beach Human Rights Ordinance to post and maintain at such person's business or housing unit, in a conspicuously and easily accessible well-lighted place where they may be readily observed by those seeking or visiting such housing or housing accommodation services, notices furnished by the City of Miami Beach indicating the substantive provisions of the Human Rights Ordinance relative to housing and housing accommodations, the place where complaints may be filed and such other information as the City of Miami Beach deems pertinent, to be an important tool to provide residents of and visitors to Miami Beach with vital information concerning their rights under the City's Human Rights Ordinance; and WHEREAS, the Mayor and City Commission also adopt the Miami Beach Human Rights Committee's concurrent finding that amending the Miami Beach Human Rights Ordinance to require every department or facility of the City of Miami Beach where City employees provide services or access shall post and maintain at such department or facility, in a conspicuously and easily accessible well-lighted place where they may be readily observed by those seeking or visiting such City department or facility, notices furnished by the City of Miami Beach indicating the substantive provisions of the Human Rights Ordinance relative to public benefits and services, the place where complaints may be filed and such other information as the City of Miami Beach deems pertinent, to be an important tool to provide residents of and visitors to Miami Beach with vital information concerning their rights under the City's Human Rights Ordinance; and WHEREAS, on June 19, 2012, the Human Rights Committee passed a resolution urging the Mayor and City Commission of the City of Miami Beach to amend the Human Rights Ordinance to incorporate notice requirements to be posted at all public accommodations and places of employment that are subject to the Miami Beach Human Rights Ordinance, in order to provide residents of and visitors to Miami Beach with vital information concerning their rights under the City's Human Rights Ordinance; and WHEREAS, on February 12, 2013, the Human Rights Committee passed a resolution urging the Mayor and City Commission of the City of Miami Beach to further amend the Human Rights Ordinance to incorporate notice requirements to be posted at all places of housing and housing accommodations and City of Miami Beach departments and facilities that are subject to the Miami Beach Human Rights Ordinance, in order to provide residents of and visitors to Miami Beach with vital information concerning their rights under the City's Human Rights Ordinance; and WHEREAS, on February 12, 2013, the Human Rights Committee passed a resolution urging the Mayor and City Commission of the City of Miami Beach to further amend the Human Rights Ordinance to provide for enforcement of these notice requirements and penalties for violation of these notice requirements; 496 WHEREAS, Mayor Matti Herrera Bower and Commissioner Michael Gongora referred the Human Rights Committee's resolution to the Land Use & Development Committee for consideration and discussion of the Human Rights Committee's resolution; and WHEREAS, at its January 23, 2013 and July 22, 2013 meetings, the Land Use & Development Committee considered and discussed the matter of amending the City's Human Rights Ordinance to require the posting of notices in every place of employment, housing or housing accommodation, City department or facility, and public accommodation that falls subject to the Human Rights Ordinance indicating the applicable substantive provisions of the Human Rights Ordinance, the place where complaints may be filed, and such other information as the City Of Miami Beach deems pertinent; and recommended that this Ordinance be forwarded to the Mayor and City Commission for its consideration. NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: SECTION 1. That Section 62-92 of Chapter 62 of the City Code is hereby added and enacted as follows: Chapter 62 HUMAN RELATIONS * * * Article II. Discrimination * * * Division 3. Regulations Sec. 62-92. Posting. (a) Every person being the owner. lessee, sub-lessee, assignee, or managing agent of a public accommodation subject to the Miami Beach Human Rights Ordinance shall post and maintain at such public accommodation, in a conspicuously and easily accessible and well-lighted place where it may be readily observed by those seeking or visiting such public accommodation, a notice furnished by the City of Miami Beach indicating the substantive provisions of the Human Rights Ordinance relative to public accommodations, the place where complaints may be filed, and such other information as the City of Miami Beach deems pertinent. {b) Every employer subject to the Miami Beach Human Rights Ordinance shall post and maintain at its offices. places of employment or employment training centers. in a conspicuously and easily accessible and well-lighted place customarily frequented by employees and applicants for employment, notices furnished by the City of Miami Beach indicating the substantive provisions of the Human Rights Ordinance relative to employment. the place where complaints may be filed and such other information as the City of Miami Beach deems pertinent. (c) Every person. owner, financial institution. real estate broker or any representative of the above who interacts with prospective buyers. renters, or lessees of housing or housing 497 accommodations, or any person associated therewith. shall post and maintain in a conspicuously and easily accessible and well-lighted place where it may be readily observed by those seeking or visiting the housing unit or business establishment, a notice furnished by the City of Miami Beach indicating the substantive provisions of the Human Rights Ordinance relative to housing and housing accommodations. the place where complaints may be filed. and such other information as the City of Miami Beach deems pertinent. (d) Every department or facility of the City of Miami Beach where City employees provide services or access shall post and maintain at such department or facility. in a conspicuously and easily accessible and well-lighted place where it may be readily observed by those seeking or visiting such department or facility, a notice furnished by the City of Miami Beach indicating the substantive provisions of the Human Rights Ordinance relative to public benefits and services. the place where complaints may be filed, and such other information as the City of Miami Beach deems pertinent. {e) Posting of the notices required in this section is deemed to be an important educational tool to provide residents of and visitors to Miami Beach with vital information concerning their rights under the City's Human Rights Ordinance. so the Administrator is authorized and directed to enforce its provisions. For a period of one year following the effective date of this section. violators of its requirements shall be issued one warning by City of Miami Beach Code Compliance officers or by the Administrator upon complaint. or upon recommendation by a majority vote of the Miami Beach Human Rights Committee. Subsequent violations shall be punished, if not remedied within five calendar days, by fine as described in Sec. 62-92(f) {f) One ( 1) vear after the effective date of this section, penalties for violations of subsections 62-92(a) and 62-92(b) shall assessed (except against the City of Miami Beach) by City of Miami Beach Code Compliance officers or by the Administrator upon complaint, or upon recommendation by a majority vote of the Miami Beach Human Rights Committee as follows: (1) For the first violation. a fine of $50.00. {2) For the second violation, a fine of $100.00. (3) For the third violation. a fine of $150.00. (4) For the fourth and any subsequent violation. a fine of $200.00. (g) Penalties shall be assessed by service of a notice of violation. served personally or by certified mail upon the property owner, business owner. or upon a manager present at the premises. (h) Any person receiving a notice of violation pursuant to this section may request, within fifteen (15) days of receipt of the notice. an administrative hearing before a special master, appointed as provided in article II of chapter 30. to appeal the decision of the city inspector or the Administrator resulting in the issuance of the notice. The special master shall hold a hearing and shall hear testimony and evidence from the code inspector or the Administrator and the alleged violator. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply. but fundamental due process shall 498 be observed and shall govern said proceedings. At the conclusion of the hearing, the special master shall issue findings of fact based on evidence and conclusions of law and shall issue an order affording the proper relief consistent with the powers granted in Sec. 30-72. Failure to appeal within the prescribed time period shall constitute a waiver of the violator's right to an administrative hearing. A waiver of the right to an administrative hearing shall be treated as an admission of the violation. and fines and penalties may be assessed accordingly. (i) Timely filing of a notice of appeal pursuant to this section shall toll the imposition of collection procedures until thirty (30) days after the issuance of a written determination by the special master. Any costs or penalty amounts due the city pursuant to such determination must be received by the city within thirty (30) days after the issuance of the determination. or collection procedures may be commenced. as provided by this chapter or under state law. SECTION 2. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith 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. Passed and adopted this __ day of _______ , 2013. This Ordinance shall take effect the_ day of ______ , 201_. ATTEST: RAFAEL E. GRANADO, CITY CLERK Underline denotes additions. MAYOR MATTI HERRERA BOWER APPROVED AS- FORM & LANGUAGE & FOR EXECUTION F:\A TTO\ROSR\RFR CMB\MBHRC\NOTICE ORDINANCE (RFR)(10-4-13)(1 )(FINAL).doc 499 EXHIBIT A Report Discrimination or Retaliation by calling 305.673.7 425 U'l 0 ~ }(' MIAMI HERALD I MiamiHerald.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBliC HEARINGS NE THURSDAY. OCTOBER 3, 2013 I 19NE NOTICE IS IIEREBY g~en that pubUchoarlngswltl be net a bytne Mayor ana C1ty GommissionofthoCrty of M~ml Beacn. Flori~a. '"thO Comm•skln Cl1ilmbers, 3rd Floor, City Hall, 1700 Convenbm Center Drive, Miami Beach, Fklriaa,on Wednoscloy,Octcrtrer 1B, 2013 to co11sll:ler the followin~: 10:1Da.m.. A A.rscMi.JOOfiAccepUI)Q Th!! flecommM\dal!oo Of Th!l atya Fllnanct.And Cl't)wldt ~«ts COIT'imiSsirlrl commttt11-t rfCWP&"J: ApprnvlngMd~Z'Ing "fl1.e Mayor Md Qly Clol!lt T" E.:KLhAN~ lease A,;,reeml!!nl8elwetn Tht Clflj Andltlpfll 22, LLC ~·fllliWTI.)And The City, Fu A Term Dt 9Ye:nAr.d 3~ Days..lnvoMngTht Use Cf 2,216 S.,are fe-et Of City-Own !HI Va:anl PrUfJII.-!y,loca1ed N_ 22 Wastlr.gtoo.AYtnue,~acent To Existing Reslalxanl Space loc!lt!!d At B J.6 Commerce Streel, ~111m1 aeactl, florida 331351 (Spa::1}, To Be l.JGed As Duttmr c.m!, Coocl.f'lllntWIUI TM le.MWUH 01' Thct Adjoining RtJSiw.ird; And furll;er WaN~hg. ~A Sflth Vot., Thill C:OMpebttv~ Blddlr;g RCiqvlremrnC. Rndlo~ SW1 Wilwr To £k! In Th• Bl'alln~erasl: Qf Tha Ptmllr:: 1D:30a.m. Ar. Orllnaru Ml~ndngn~e Code ~The Gi.ty Of Mlami.FIMC:h By A.meM1ng ~r 62, Entitled ".Human RlllatH:Jns.-B~ Amfndlng Ntldt1 U, Elfitleod "CUN'ImilnAt!on," 9¥ Amll!n~ (h'd~ 3, EntiUod "A.ci?J(IitJOM," ~ MI'IIM Soe. 62·92To ReQ!i~ The F'olbng Of~ In E'I'IIY Plaa Of fm.pjlriDllllnt, Publlc.looxni!Oddon, rtouslnokcomrnodiiDon.kld Cl1'f' fadlltylhalfalls Sub)lctlo Thetun!Ml ~ CJordinara tndic!iorg T~ ~phcableSubstantlwl Pr;;Mskn otn. Human Aigtft! Ordlnanee, The PIICIIIWhere Complairts MarS. F~ed..~ Such Ottw lnl'll'matlon M lhe my Of Miami Buch Oeemi; Pt:fbnt.PI~~~IIG fat ~nfDI't:emft ~eaAndPri;WidogFOIS.MIIlllllt'f.~MdME.M'edlveDale. 11:10a.m. Palm VlliW Holllii.JMs Al1 OrdiiWlCtAmlllndlng ll'lr. Land DeYtl~rnem ~gl.J .. tOO$ Ofltte CitY .code, Br Aln111Jdnu ~h.'!r 1.&12, "]onlr;g OtslrietsArid futgutalloos, ~ Arade II, "IJ:Idrlct Reoulatillflll;,• Oivl51oo 3, "RessderltlaJ Mu111.am ... asb1cb," SOOdMslon Ill. "RM-2 ReWdclntial Multitamlly, MBdi.Jm lnienslty,-T~ lim~ Hotel$ As Ho~~tllnatllr P'rlMded In The PllmView Corrh:bToTho!le ExEfingkl f}f Maw <'il, 201J;Oaflr.lngThe Palm VIew CCfrleklrAt.AII Proper11eaAbuttlngTheWestSJde or rkrtdianAV!t!U~ ~o!!~ J71nStreUkld C"ml'l$ tan.al; Diflniii!ITI'KI fllg,b-otExiSI:Ing fl~e-k.lqal CoFton'n1ngllna, Tol:xclt* Outdoor Ent.-tal1ment-E91abllstlmentskld 0\.tdoor Entertanmel'llfrom fl:ernuttedHotl-lko;ewxyi..Jsw, TcAddHotelaAsAPralllblhld I.JseWMhinll'le Bcutdal1es Of TtlePal'mYiew ComdarOIThl F!.M-2 DtsblL1~~.St.II•Pn.£m~lim OfSholtTerm Re!UI AI~; Provialng ~L.MsFo..-~nonAnciRML.nptltln 01 ~o~~llha. 11:20 a.m. w~lltA¥.-.tJfl Hl'tfll ~:a. An [)rdlloancl!l Amendng Th!l Land Dtlvelopm~~ ftA-guJaljom Ot The~ OIXI1, BY Alflll'rlding {.llaptw 1•2. "Zoning lll$lnets Md RegllR'tll:n: Arth::le II, "OISbi-t:t R.egul<dil:ms." Di¥1Wun J, "Residenb.al MLMUfamllr ~lstriru," SIJbdr111Uon IIJ. "RM-2 Rwldenlilll MUIUfam~. Medium 1nte1191ty'; A.M 0,. Amending Sllbdll~sloo ~ ~"AM-3 l'l.esid~ntlaJ Multlfamlly, Hlgh.lnteoolly. • To Umlt Hotels AB H-11relnatrer PrCll.'lded ln. The WestAvenue-Con'ldor To Those Exlt.11ng ~ 01 May 211, 2013; llftl'lmng-l'he Wt':!ltAventJ" GDI11dor At That Area Bor~•r•d 6y Co-llin.'! canal To TM Ntlrth, Mbn (J.(J&C! To The E•t. Dl~wn• 6<1y To The W'll~~;lh1d 6th Street To The Sooth; Oeflrtng The Rl~hb 01' ExlsUng -Hotels/e Legal Collormlrt;~ \.15fi: Til Exr.:tudo~~ Dutcb::t Entectilnmnnl Eslabllshm~ntsAnd (]utdoof Entertainment from Plrmitt-~td ltllel k:CIISOOI)' ~;T-o Add Hottl! 118/t. Proi'Wbiled USIWilhln The Boundwles OfTheW&m Awi!Ciu~ Cnrr!OO' Ol'TtMI RM-2And 8M-3 llt$lr1c1s;Acknowledgir1U s .. Pre-Emplklfl 0( SIJ:JIIT~(m QtntAIIle:gt.JIQtlons;ProVlodll'l!l A<JnforCeaatiCKIMdRnullpi.U] OI'Hotiii.Js.es. 11:30 a.m. RM·3Aa:euayUiii!SiQ~ta~J'! An Ordinance Amending-The-Land Oevi'IC,Rient Regulalbl:il 01 The= Cod~ 01 The aty [)f M1aml Sea! h. By Ament:hng Cw.l;ller lJB, Entl~!d "SI!Jlli: 8y ~Wending Ati:Jc1~ ~ Eriitl!d "-In Cen!ral," l3y Amendin.g StcN-1 T38--IS To Madify Ttle AcCI!S9}pt lhl Slgr. ReiJIIrement!l fllr [k-eanfrnn• Bull1:11ngs; By A.mendtng Artld& V, Erlli~ed •s.gn R~tgulalioos ~District," f3y o\mendln!J ~ 1'38·171 lo MOOifYThti ~~qulr~~•..-ll:i For HctelshldApMmflnt Buildings Wiltl11"1 The ~M-3 Dlstr11:1 i\rld U,.Ammllll'll S,;;l.iD!l 138-172Ta Moci!yThe ~!!ql.lltements fu-lio1el! ll.nd ~enl Bu~dlr~Ql~WIIhin Tl•• RM-3 tliWict 11:40a.m. An Ordl'\aoce Amending Chapter Hl~ Dl The Miami Beach C:i~ Code. EntJ&rl .. Su~qlnablliry.~ B~ AmenodlnqArtM:-Ie II: EntiJlled "Eflerc.rt EC011on1i: 06'\'Eiopmert 71'1"11! Plllll: f'trr.~.'lm·T~ Include Mia.mi-OCid.f' trltr1tr''s Green Bwino!!SS Cf"•ti'irnMnk. An AddltfoMI E1glllillt'J Cllttrta lo Pal1lclpate In Th.e E.ner9'( EcooonJIC Oevelop'Tlenf looe No1 Pinoram. RWldmg fOr Severabll1t-., Cothltc-ahon, H.epealw, AndJIR EH!!C~voll Date 11:50a.m. An Ordinance Amending Tho Codo Of Jhe City Df MianN ~-each, 8:~ Nn~ndir.~ Ch&p1er 54,£ntitled "Ac.ods.," Oy .l.mendmg .l.rtde 11, EntileU "Floodplain Management,• B~ Ame.nd!ng Dlvl:slon 1, Enbtied ~tnff'IIJ", .. 8y Am•oc£1ng Se<:tiot~54·35, Entitled ~o.mrntkm•'Eiy Afl'l@n1'ilri!J AA4 ~l!!'lirtQ C!!l'taln {)enrlt~oo~ Therem; 8y.Amunding Oivu;i~ 2, Entftjed "-General Pro'dsfOitl.," 81 Amendn9 StciiiJfl 54-38, EnliU~d "D-~•f11naWn (M Floodplain Admllistratot"To Designate The 8-L.Hld1ng om,681.1n51•ad0rTIJI' Bulldrtp Dltector, As The Flaodplaln Adrnlnlstr&tor; lly Amending OM sian 3, Entitled "!ulminlrrtratioo,· ByA.mendln.g S~ctiM 54-4S, Endned ~f'frmltf'roceekJ'~~ And S«:lic11 6o4-41i, Entitled •oufio~~s .Md A;nponsibllllles 01' lhe Uulldllg 01r~oclof Or De5J"'tee· To Chqe AI B:llllding Dlrecl:or A.eferen:e~ Therein T-o The Flood~IJIIn Admlnlslroltor. Amemillg Dil'isiw .ol. Enllll~d "Prll\'lslons HI Flood Hazard Redu.:t!Cfl"". 6y Ame.nding Stn:tion M-~7. !Entitled "f:eMra.l stonctards," Se.etion 54·46, (nlltled "SpeCifiC ~s,"" A"'d S!dioo 54-49, E.ntiHad "Sp111Cl'lle Stand!!tm ~r"-ZM!-s~ ~! flc.od El•~afior'Js Md Fleg!J.I.lll~ry FIOCJdwa.y~·Tn Modli"J Q!,rtafn fll)"ll'' FIUAr~ Al!ttucll(l(l Pr0¥1:Sioo&: By Del~otlnglllll Pr.m-:~luns l11 SM:II~ 54-50, E(ltltl!!d ·sblr'ldar'd5-For A·O Zm•s"; BwAm11nding OMsion :5. En4ill~d "Variance Proc:Nves."To Char.Q.eAIIBuildmg tllreduf Refert=~es Tt-.ru1n TY n1~ Flolldpl~nAJ:jrninillb'ainr: PrDY~Oing i'b'l·Su0018lltwe, Oe-nc.at K~WISIOCii lhrwu/'Dui lvlic:llllll Of Cinpter 54 12:00p.m. OrdiMnCe .AmeMing Miami B61ch Cl'ty Code Chlplet 82, En~M -Pullil': Prlfli'rtr: By Amending Altk:le 'IV lttereot Ermtle-d "Uie&ln i'ubllc Rl"h1-01-Wlty; By Amenlilrog section 82·383, El'd:iUetl "Per mil he, Ptila!bts Fe( l.a'• Paym1nls: Fl-ev!M or Fee,~ By Ame-ndl~ SibHct!M W Theri!'OI TDAbf;tto 'S~dii<WIIIlk Cldlio h1111 ft:t Bu:-llr.E-8!111S North 0163rd Str-eet Thrfl'41AI1d lncildlng September 30, 2015And 1\aqLiriiJ!IA Blldgflt.Malylls Ma Rev~ By Tile City Mnlr.lstratlon ByS1pternbtil 15,2015. 12:10p.m. Fir~AIId'f'olleesa:taryor~ An Orlirllnal Amerd.ng Ordilllf'l(:e ~. 78&, The! Caa~flld Empl,;rwn~ Salary Ckd:lliiR:e Of The City 01 Miami BMch, Aooda,AJ HllkwA.In~11 With n. NeiJ)~atlllll Cdlndlvo 8.-f:.i!Wng lqeemert!, Pra..tdn!J forlhl Classltlc.atbn91n ~II, Repr ... rto~~d ByThB fnltemal Otdlll' Of Poilu (FOP) Willam Nlehal!lodoge No.I.,And fll" fui C\assl~ons In GrQ Ul, Represented 8y' The ka~ Alaociatioo 01 Fire Fighlcn, WF),locai 1!i.10; fftec:ht The fi151: f'ay Period. [ndrJ'IQ In Octci;ler or 201<(, Thtr1 Shiill B11 An kras Thl' Board Co&t-OI"-ll'mgAI$Jslmflnt(COIJal tit Jhr-ee Plf\:l'lt (3%J,MdThl hlraffUII And Mulmum Df fad! Pay fl.4rlgt W.INiiO Be ~~.J By Ttvtl!l• Pfiurtt (~'M; E~e Apttl 1, 201S, WFIQ Ill~~ Ste~ I') lo ll"lt ~~cn Of 1\".6':11-otfll':~, Ser~ Ot Pol lea, Utt.rterwrt 01 Pollet N'l4 A(eti~ i, ~I(IQ.IJ Oi'dilr&n::n lo Conflict 12:20p.m. lb:lllllllfie-dSalfVYOrdfnancfl M Ot'~e Amendlog OtdOiDJ;:<!I No. 1605, The Ufldualft•d EmpiOOJte:!; ~"'¥ O..:tinao::e~ Pbol~$1"111111 Pay Grattt 1 And Pli.'JI G1~de 2; AtJollshjng The a~ai!Ms Of: Ge~1~ S~r.~!~ Plr~. TraPQI1atk41 Arid ~r;ncy MitiU~gM, N~igtmlnod Sel'\llcu Dir.ecror, CommurltwiEc~mlc O!v~j~JPmtrll Plre-i;tor, Cu!ttlall Aff.llrl & Toll'bnl Developmll't [)l(edor, Pnnr~merrt OMilon 0r.rfldrli,ln1orrnatl.on le.=tml~y £lwiSIM Oirector, COde compljan:e DMI!Iioo Dii!IC{[M,Asaistall Dirac:tc.r Pmcurement ()jvjskJn,Sei'VICI!' Oeliv!ry WaNger, Office o\!SOdlllll.\rld PubHc lnformatloo Dfllc111; EslablistqThe ClassJtta'!k!M OIT.::ul!m, Cu!Uaii.Atfai~And Ec:llf'lJilic Oevelopmert Oit«:ta, Oollputy B<.ildlil! Direckr, Pr!;IN"eJilllflt-Diredcr. tlformatioo TlfiCtidl!rJ Dlredllr,AsslstoR Director Hlm111 Rnources, HllwifiPlAnd Ccmlllll"lt,: De'nloptnent Ditetb, lrrlrill;tructa•e 01\lls.m Dlredof.MIIstn Crt1 En<Qineer,Assmanl VirectJJr Prw..em•rt. Bulldi1~ Operati~Do.htana!jlll'r, IIM:sngator S~ervklcl, Comn.nty S~Mcu OMsi<Jn (W(et"b',Acmnlstratm Sema!!s hklagrr,f\tllk-Safely Spl>d. Proj..:;ta CLudftrWr.~ertr ~IMWI(:~Iil'ti(IO!!.~enMeMod, ~ftdor IJIITI'JI: ~ 01 DJmiiU'llca~(OI.leil5log 5,loedil!&t, Pm:~~:Saf~ ~O*m~\~!t. Perl'l:t~ol! At1d St.~~ 0-~ Ma.Mger (CIIyATIOmeJ'J, VlliLJil [;()miDIIllcaioosSpeclltfsl, t.onl;t!tua......r.ommb310n -'ld!, Rlllll'ldiW .Am1y5t, 1\illic sal~ ...,.,.OIIAdmln~atratoc, S!flior CiiSAI&yst, N1d A«tllcll S~'U'7 P.adfrlng The Pay Grado Ctang! for Thi-As!UI:Illt Drec:iQ" Parking, IIH&t:d Dir1ctm Par'rclhld ~atar.rfllrlliCIOr .R.::rea'Don ~; An1 Ef'lect!'HI The Arsr.FuR Pay Pirrtod EndnQ In 0ctob81 2{)1-4, lna·•ashg Thl Mirlmum.ArntTM iAalimtn~ Dl EEd1 Pay Q'ade ByJNet Perart (3%); Mil Gla"JtiflJ M.Aao.31The Ebud Cost Of I.Jving,l,d)mtm.enl: ~Up To-Tln:~ Perceri (311-) For Myllrldusltltd [mpiii'JnWklae 8a.lll' Sal_,. Ck>es ~t E:ll:9~Tbe Mulmum Dr Th~ P~ ROWJge FClfThl-Comparable JOO Title kJ R~m-e~nde-d Bylhe 2009 CcondtiJ Cladc.alionhld Co~1P'nlllltion study "Pay Seal~ 1!", &lbseqU!nty .Amended Dr Sft"e!l r•rc•nt {7%11h~ 20~3. !l-J TIH!I Cuoid;anl; fWpeal1f"'IAII Ordlrt!~r!>e" In Gooll~ct (Due to The Miami Harald11ii deadlin~ if this ilam i& danied11ablad. or withdraw11 during first reading on September 30. 20131 a will appear In this advertiSOOBil) 12:79p.m. OU.rs Sal!ar1 OnBn:E M D'dnMCo!!Am~ndrlg {)rdlnar.::t-NCI. 711-9, lheCiassH'Ied Empbj~Salat'f Or~ ~lne Olf 01' M.aml 6eiCI"',RonOa,.e.s Fo'lowll'a: ~tNidlrg fiJI' The-Class.rftc.:!tions kl. ~"·Not 1\!pt.e:ser-Hd ByACollec:&ie 8argalnrf"'Q lbtW Commc:n'y P..flrredToAa "-o.hers";AmenciirJgAII DIT'tlll PoyGtadf:s8yiM!rflllng-Piq Grade I; Eslablithlnglhe ilassrl'k:abons Ot Fire lnsptl:kw" I hid Sa.-ol Aeerl'atlun Aldlll;hld Effedive Tha Firsi Full Pori Period Ending In Odob« 201~. lnm.a~.ng lhe M1rllmYm .lnd The Miu:ifiiWI Of foc:h F'a1 G-ada, By Three Pen::ent (l%~; Arid GranUng~.kiAI;rOS! The Boafll C-ost Of L/YirJQ AdJusllntnt 01 Up Tu Tlne Peroc~nl (3%) fOJ An/"Dthen." Employe<~~ WhoM Base Salary V.O.s !Nc4 E~c.rd Tie Ma;t;lmum Of lhe F'<i'!' ~ fu Tl111 Coo!p~-ibl~ Jull TlUe /4!1. R~oommll!O~.d 8)'lnt 2009 CiJI\llfey CkWmc.t!(lft Md D:tmpffiNIUO!'I SI\JdV ·~ s-:.1' B" Arid SUb!lequanl:ly Am&ndlld B'JI fMI!fl Pert:tr.t 7% In Au!PJM 2013 B'W Till! GonttJiant; Repealing All Dfdlnanc6S In Comllct, ~Duo to Tho Miami Herald's deadline, If ..,loi1Bm Is danlect, tabled. or wl..,drawn d!Jri~ fint roading on 5epllrmber 30, 2!113, It willappeB<In 1hls •-mont) INTERESTEO FW!TifS are invttell toappeM atthts meeting, abe rB~rBSenled hyarJ agent, orlo expressthe~r v1ews i1 'M'I11nQ addressed tntfle CctyCommi5Slltl. Clothe cq Clerk, 1700 Ct:Jnyentioo Cente-r Dri'te, lSI Floor, Clt'r' Hall. Miami Beach, FlOrida 33139. COjJIM attflese items are .available for pu~1c 1nspechon Wring namal business ~ours in the Citw Clerk's Office, 1700 Corwention Cel'l1er Dn'.re, 1st Floor, Crtv Hal, -Miami Beach, florida 33139. Tllis: meet111g, Of any kern llerem, may be cootllUIKl, and under sat. drr:umstances addihooallegal notice will nul: be PfOvidcd Rafael E Granado, City Clerk Chy of Mlamll!each f'ufsuallt to Section 286.0105, Fla. Stat., the Cfty hereby a~vises the pub II: that: If a person dec1des to appeal any t:lec:tSoo made by me CiW commission ¥dill fespect 10 an~ ma.nr1r consll"le:ret:l at rts rneetilg ..-its lle-aring, ~uch person must ensure that a verbatim record of the ptoceedr~gs 1:s made, ~Ch record Wlcludes t11e testimony Pnd evidence-upoo wtldl the appe:a:~ is to be based. ThiS ootlte tloes oot coostrtutfl: coosen.t by lhe C1ty !oc lh€ inlrodudim a admissOO of ctherw& iladmsslble or -II'Televant evide-rlCe-, nor ooes it autnOI'i2"e cnallenges or appeals not ol:herwise allowed by taw. To request thiS-material in accessible format, sig.n tanguage interpreters, lnformatJ.oo on access for perscms with ll1sabillt1es and/or any accommodation to review anv document or part1cipale ill art~ City-sponsored ~mce-eclin~. please con1ac1 us five days m advance at (305} 673-7411(vo.ice) orm users may also call thfl: Fbnd.a. Relay Servite a1111. Ad lf844 THIS PAGE INTENTIONALLY LEFT BLANK 502