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2002-24809 Reso RESOLUTION NO. 2002-24809 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, SETTING A PUBLIC HEARING, PURSUANT TO SECTION 163.361, FLORIDA STATUTES, DURING THE REGULARLY SCHEDULED MEETING OF THE MIAMI BEACH REDEVELOPMENT AGENCY (RDA), ON WEDNESDAY, MAY 8,2002, AT 10:00 A.M., TO CONSIDER ADOPTING A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE RDA, RECOMMENDING APPROVAL OF AMENDMENTS TO THE CITY CENTER HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA PLAN, AN APPROVED REDEVELOPMENT PLAN UNDER THE PROVISIONS OF SECTIONS 163.360, FLORIDA STATUTES ,SAID AMENDMENTS A) PROVIDING THAT THE PLAN INCORPORATE, BY REFERENCE, THE PRELIMINARY PROPOSED MASTER PLAN FOR THE 17TH STREET SURFACE LOTS, PREPARED BY ZYSCOVICH, INC., DATED SEPTEMBER 21, 2001; AND B) DEVELOPING AND IMPLEMENTING COMMUNITY POLICING INNNOVATIONS WITHIN THE DISTRICT, AS PROVIDED FOR IN SECTIONS 163.340, 163.350, 163.356, 163.360, 163.361, AND 163.370, FLORIDA STATUTES. WHEREAS, on February 12, 1993, the Mayor and City Commission adopted Resolution No. 93-20721, accepting and adopting the City Center Historic Convention Village Redevelopment and Revitalization Plan (Redevelopment Plan), in accordance with Sections 163.360, Florida Statutes; and WHEREAS, Section 163.361, Florida Statutes, provides that any time after the approval of a community redevelopment plan by the governing body, it becomes necessary or desirable to amend or modify such plan, the governing body may amend such plan upon recommendation of the Redevelopment Agency; and WHEREAS; the Administration concurs with the recommendation of the Miami Beach Redevelopment Agency (RDA), and believes it is necessary to amend the Redevelopment Plan in order to reflect existing conditions and future plans for the Ci!J: Center Area, as contemplated within the Preliminary Proposed Master Plan for the 17 Street Surface Lots, prepared by Zyscovich, Inc., dated September 21,2001, which was adopted, in concept, by the Mayor and City Commission on October 17, 2001 ; and WHEREAS, recent changes to Chapter 163.361, Florida Statutes. enable community redevelopment areas, to implement and fund "community policing innovations", defined as a "policing technique or strategy designed to reduce crime by reducing opportunities for and increasing the perceived risks of engaging in, criminal activity through visible presence of police in the community, including but not limited to, community mobilization, neighborhood block watch, citizen patrol, citizen contact patrol, foot patrol, neighborhood storefront police stations, field interrogation, or intensified motorized patrol"; and WHEREAS, the Administration also concurs with the recommendation of the RDA to amend the Redevelopment Plan to include a community policing innovation program, which will provide an opportunity for the RDA to shoulder the cost for current and enhanced levels of police services within the City Center boundaries; and WHEREAS, pursuant to Section 163.361, Florida Statutes, in order to proceed with amending the Redevelopment Plan, the City Commission must hold a public hearing. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a Public Hearing is set for Wednesday, May 8,2002, at 10:00 A.M., during the regularly scheduled meeting of the Miami Beach Redevelopment Agency (RDA), in accordance with Chapter 163.361, Florida Statutes, to consider adopting a Resolution of the Chairman and Members of the Miami Beach Redevelopment Agency (RDA), recommending approval of amendments to the City Center Historic Convention Village Redevelopment and Revitalization Area Plan, an approved Redevelopment Plan under the provisions of Sections 163.360, Florida Statutes; said Amendments A) providing that the Plan incorporate, by reference, the Preliminary Proposed Master Plan for the 17th Street Surface Lots, prepared by Zyscovich, Inc., dated September 21, 2001; and B) developing and implementing community policing innovations within the district, as provided for in sections 163.340, 163.350, 163.356, 163.360, 163.361, and 163.370, Florida Statutes; said Public Hearing to be held in the City Commission Chambers at 1700 Convention Center Drive, Miami Beach, Florida; and the City Clerk is hereby authorized and directed to publish and distribute the appropriate public notice of said public hearing at which time and place all interested pa ies will be heard. PASSED and ADOPTED MAYOR ATT~y r ~ CITY CLERK T:\CMGR\Agenda\2002lApr10IRDAlplanamendreso.doc APPROvED AS TO FORM & lANGUAGE & FOR EXECUTION ~~ Ny 0/-- ~~:r CITY OF MIAMI BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM FROM: Jorge M. Gonzalez City Manager Murray H. Oubbi1 \ \ .,vt~, A ~ I ~ City Attorney J~ ,,~ Lawrence A. Levy First Assistant City Attorney CMO No. 2-11/01 CAO No. 02-04 TO: SUBJECT: Amendment to the City Center Redevelopment Plan to Develop and Fund Community Policing Initiatives OA TE: February 4, 2002 QUESTION: What are the steps necessary to amend the City Center/Historic Convention Village Redevelopment Plan (the "Redevelopment Plan"), adopted by the Mayor and City Commission and the Board of the Miami Beach Redevelopment Agency (the "Agency" or "ROA") on February 12, 1993, to implement and fund Community Policing Innovations within the City Center/Historic Convention Village Redevelopment Area (the "Area"). ANSWER: The procedures set forth in your Memorandum of November 8, 2001, are essentially correct. DISCUSSION: Section 163.340(23), Florida Statutes, defines "Community Policing Innovation" as .....a policing technique or strategy designed to reduce crime by reducing opportunities for, and increasing the perceived risks of engaging in, criminal activity through visible presence of police in the community, including, but not limited to, community mobilization, neighborhood block watch, citizen patrol, citizen contact patrol, foot patrol, neighborhood storefront police stations, field interrogation, or intensified motorized patrol." In order to implement and fund Community Policing Innovations in the Area, Community Policing Innovations must be part of the Redevelopment Plan for the Area. See, 9163.360, Florida Statutes. Section 163.361, Florida Statutes, specifically authorizes modification of the Redevelopment Plan to include development and implementation of Community Policing Innovations. The following are the steps necessary to modify the Redevelopment Plan. They are essentially those noted in your Memorandum of November 8, 2001, however, we have clarified the process and added some additional detail to the steps outlined in your CAO request. P:I.loTTl.N..f\'LICAO\COt.tMUN.-t.WPD C,. eM C k8 1. Amend or modify the Redevelopment Plan to include development and implementation of a community policing plan. Section 163.410, Florida Statutes, provides that "In any county which has adopted a home rule charter, the powers conferred by this part shall be exercised exclusively by the governing body of such county. However, the governing body of any such county which has adopted a home rule charter may, in its discretion, by resolution delegate the exercise of the powers conferred upon the county by this part within the boundaries of a municipality to the governing body of such a municipality. Such a delegation to a municipality shall confer only such powers upon a municipality as shall be specifically enumerated in the delegating resolution. Any power not specifically delegated shall be reserved exclusively to the governing body ofthe county." Miami-Dade County is a home rule county. Thus, any changes to the Redevelopment plan would have to be approved by the Miami-Dade County Commission, since it has reserved such power to itself, as provided in the Interlocal Agreement discussed in paragraph 2, below. Section 163.361, Florida Statutes, provides that the "governing body" (i.e., the Mayor and City Commission) may amend the Redevelopment Plan upon recommendation of the Agency. Thus, the first step should be resolution from the Agency requesting the Mayor and City Commission to amend the Redevelopment Plan to include development and implementation of Community Policing Innovations. The specific section of the City Center Historic Convention Village Redevelopment and Revitalization Area Plan adopted by the City Commission and the Agency on February 12, 1993 (the "Redevelopment Plan"), that must be amended is Section 104, the "Summary of Plan Objectives". The "Project Proposals" in Section 300 and the "Other Provisions" in Section 400 of the Redevelopment Plan should be thoroughly reviewed by the Administration and may also need to be amended in order to fully update the Redevelopment Plan with regard to the proposed Community Policing Innovations. 2. Amend or modify any interlocal agreements with the Miami-Dade County (the "County"). The City has an Interlocal Agreement with the County, dated November 16, 1993 (the "Interlocal Agreement"), with regard to the Area. Sections I.A and V. of the Interlocal Agreement require that the County approve any amendments to the Redevelopment Plan. We have reviewed the entire Interlocal Agreement and are of the opinion that no amendment to the Interlocal Agreement is necessary in order to amend the Redevelopment Plan in this particular case. 3. Publish letter of intent to amend the City Center Redevelopment Plan. There is no letter of intent to be published. The applicable statutory requirement calls for public notice to be published in order to hold the public hearing for the Plan amendment discussed below in paragraph 4. Section 163.361 (2), Florida Statutes, requires that "The governing body shall hold a public hearing on a proposed modification of a community redevelopment plan after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the agency." Section 163.360(6) provides, with respect to the creation of community redevelopment plans, that "The notice shall describe the time, date, place, and purpose of the hearing, identify generally the community redevelopment area covered by the plan, and outline the F:\A l"I"t'-UVLICA()l.C'O..UotUN.I.WPD 2 general scope of the community redevelopment plan under consideration." The notice for an amendment should provide at least the same content, however, in this instance, the notice would outline the general scope of the amendment. 4. The City Commission/RDA Board must hold a public hearing. As stated above, the City Commission/RDA Board must hold a public hearing in accordance with Section 163.361 (2), Florida Statutes, as described above. This is applicable even though the modification can be accomplished by resolution, rather than by ordinance. At the conclusion of the public hearing, the City Commission and RDA Board should adopt concurrent resolutions to amend the Redevelopment Plan. 5. Upon approval by the City Commission/RDA Board, any amendment or modification will be reviewed by the County's CRA Committee. This is an administrative step that is a condition precedent to having the matter placed on the agenda of County Commission. 6. Upon recommendation by the CRA Committee, the County must publish a letter of intent to amend the City Center Redevelopment Plan. This is a notice of public hearing, not a letter of intent. The same notice requirements described in paragraph 3 are applicable to the County. 7. County Commission holds a public hearing to approve amendment of the City Center Redevelopment Plan. The statutory requirement for the County Commission to hold a public hearing to amend the Redevelopment Plan stems from Section 163.410, Florida Statutes, discussed above, and Sections I.A and V. of the Interlocal Agreement, also discussed above. This is a power that the County Commission has reserved to itself under those sections of the Interlocal Agreement. In summary, your Memorandum of November 8, 2001 is essentially correct. However, in order to avoid any potential issues with the County, we would recommend that the matter be submitted, along with drafts of the proposed City/RDA resolutions, for an initial informal review by the County CRA Committee prior to placing the issue on the City Commission/RDA agendas. Having such an informal review by that Committee will avoid the possibility of having to go back to the City Commission/RDA Board in the event that the County CRA Committee has any objections or requests any modification to the resolutions. First Assistant City Attorney Lawrence Levy spoke with Geri Bonzon-Keenan, Assistant County Attorney of the County Attorney's Office, on January 23,2002, and she advised that there is precedent for a preliminary informal review, and that it is a good idea in order to assure approval when the matter is submitted to the County CRA Committee for its formal recommendation to the County Commission. F:lA'T'1UUYLICMPCOtoIWtrN-I.WPD 3 CITY OF MIAMI BEACH Office of the City Manager Request for Legal Opinion C.M.O. Number:~-lY91 ro To: Murray H. Dubbin . City Attorney Date: November 8.2001 From: Jorge M. Gonzalez ~ . S~ . City Manager ;"'" () AMENDMENT TO / E CITY CENTER REDEVELOPMENT PLAN TO DEVELOP AND FUND COMMUNITY POLICING lNITrATIVES Subject: Recent changes to the Florida Statutes governing Community Development. Chapter 163, Part III (s~e attached) enable community redevelopment areas to implement and fund community poli~ing initiatives. The Redevelopment Agency would like to pursue this opportunity, subject to Board approval, for the City Center Community Redevelopment Area (City Center RDA). Our understanding of the procedure to implement and fund community policing initiatives in City Center would require the following: 1) Amend or modify the redevelopment plan to include development and implementation of a community policing plan. ~ /:;.. -;.~/ 2) Amend or modify any interlocal agreements with the County. 3) Publish I~~nt to amend City Center Redevelopment Plan. 4) The City Commission/RDA Board must hold a public hearing. t3-/b~.$~II~ ') '- 5) Upon approval by the City Commission/RDA Board, any amendment or modification will be reviewed the County's CRA Committee. This board consists of: Property Appraiser Director, OCED MD Housing Agency MD Finance Department MD Planning Department Office of Community and Economic Development (OCED) Geri Keenen MD County Attorney's Office (305-876-7040) 6) Upon recommendation by the CRA Committee, the County must publish a letter of intent to amend the City Center Redevelopment Plan. Herb Parlato Tony Crapp Rene Rodriguez Villas Parsons Chuck Blorres Tom Marko Request for Legal Opinion City Center Amendment Community Policing November 8, 2001 Page 2 :- 7/- /(. ") !~. /. '~"-' j. ,~. -- ,~/- -- 7 u" v;) r\- -- 7) County Commission holds a public hearing to approve amendment of the City Center Redevelopment Plan The process to modify the plan(s) was discussed with Geri Keenen, a County attorney, as well as with Harold Brigbasi, a staff member of aCED. Their phone numbers are: Geri Keenen Harald Brigbasi MD County Attorney's Office (305-876-7040) aCED (305) 375-3431 From a legal perspective, is there any other action that the Redevelopment Agency must ,/~ pursue to properly implement community policing initiatives within the City Center RDA? __~;: JMG\C~\sk - F:\DDHP\SALL\KILROY\PROJECTS\COMMUNITY POLlCING\LEGALOPINE 11 06 01.DOC attachment( 5) c: Kent Bonde City Center Redevelopment Coordinator EXCERPTS OF FLORIDA STATE STATUTES SUPPORTING COMMUNITY POLICING: 163.340 Definitions.--"The following terms, where'Jer used or referred to in this part, have the following meanings: . . .(23) "Community policing innovation" means a policing technique or strategy designed to reduce crime by reducing opportunities for, and increasing the perceived risks of engaging in, criminal activity through visible presence of police in the community, including, but not limited to. community mobilization, neighborhood block watch, citizen patrol, citizen contact patrol, foot patrol, neighborhood storefront police stations, field interrogation, or intensified motorized patrol. II 163.350 Workable program.--"Any county or municipality for the purposes of this part may formulate for the county or municipality a workable program for utilizing appropriate private and public resources . . Such workable program may include . . . the implementation of community policing innovations. . ." 163.356 Creation of community redevelopment agency.- . . .3.. (d) At" any time after the creation of a community redevelopment agency, the governing body of the county or municipality may appropriate to the agency such amounts as the governing body deems necessary for the administrative expenses and overhead of the agency, including the development and implementation of community policing innovations. 163.360 Community redevelopment plans.--(3) The community redevelopment plan may provide for the development and implementation of community policing innovations. 163.361 Modification of community redevelopment plans.--(1) If at any time after the approval of a community redevelopment plan by the governing body it becomes necessary or desirable to amend or modify such plan, the gove'rning body may amend such plan upon the recommendation of the agency. The agency recommendation to / amend or modify a redevelopment plan may include a change in the boundaries of the redevelopment area to add land to or exclude land from the redevelopment area, or may include the development and implementation of community policing innovations. 163.370 Powers; counties and municipalities; community redevelopment agencies.-(1) Every county and municipality shall nave al/ the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part. including the following powers in addition to others herein granted: . . . (p) To develop and implement community policing innovations. I \ L: ~___ CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY ~ Condensed Title: A Resolution setting a public hearing pursuant to Section 163.361, Florida Statutes, to consider adopting amendments to the City Center Historic Convention Village Redevelopment And Revitalization Area Plan by a) providing that the plan incorporate by reference, the preliminary proposed' master plan for the 17th Street Surface Lots, prepared by Zyscovich, 'nc., dated September 21, 2001 and b) implementing Community Policing Innovations within the District as provided for in Sections 163.340, 163.350,163.356, 163.360, 163.361 and163.370 of the Florida Statutes. Issue: Section 163.361, Florida Statutes, provides that the "governing body" of the Redevelopment Agency may am~nd the Redevelopment Plan .from time to time, upon recommendation of the Agency. The Administration believes it is opportune to amend the City Center/Historic Convention Village Redevelopment Area Plan in order to reflect existing conditions and future plans for the area, as contemplated in the Preliminary Proposed Master Plan submitted by Zyscovich, Inc., on September 21,2001, and accepted in concept by the City Commission on October 17, 2001. The Administration is also recommending to amend the Redevelopment Plan to take advantage of recent changes to Chapter 163, Florida Statutes, which allow redevelopment agencies to implement and fund "Community Policing Innovations" in redevelopment areas. This new provision in the State Statutes allows the RDA to shoulder the cost of existing and enhanced police services within the City Center boundaries. The program is anticipated to go into effect during FY 2002/03. Subject to the adoption of the proposed Amendment by the City Commission, the adopted Amendment must then be presented to Miami-Dade County's Community Redevelopment Agency (CRA) Committee for consideration and recommendation to the Board of County Commissioners, which in turn must hold a Public Hearing prior tb adopting the proposed Amendment. As such, the Administration recommends scheduling the Public Hearing, as a first step in the process of implementing the proposed enhancements to the City Center Redevelopment Plan. Item Summary/Recommendation: The Administration recommends setting a Public Hearing to coincide with the regularly scheduled meeting of the Redevelopment Agency on Wednesday, May 8, 2002 at 10:00 A. M., to consider approval ofthe proposed amendments to the Redevelopment Plan in order to proceed with obtaining approval by the Board of County Commissioners. Advisory Board Recommendation: IN/A Financial Information: Amount to be expended: D Source of Funds: AGENDA ITEM DATE c7E Y-IO-o:l. CITY OF MIAMI BEACH CI1Y HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 .WWW.ci.miami-beach.f1.us Mayor David Dermer and Date: April 10, 2002 Members of the City Commission Jorge M. Gonzalez \ . ur/' City Manager Q ~ 0 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, SETTING A PUBLIC HEARING, PURSUANT TO SECTION 163.361, FLORIDA STATUTES, DURING THE REGULARLY SCHEDULED MEETING OF THE MIAMI BEACH REDEVELOPMENT AGENCY (RDA), ON WEDNESDAY, MAY 8, 2002, AT 10:00 A.M., TO CONSIDER ADOPTING A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE RDA, RECOMMENDING APPROVAL OF AMENDMENTS TO THE CITY CENTER HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA PLAN, AN APPROVED REDEVELOPMENT PLAN UNDER THE PROVISIONS OF SECTIONS 163.360, FLORIDA STATUTES; SAID AMENDMENTS A) PROVIDING THAT THE PLAN INCORPORATE, BY REFERENCE, THE PRELIMINARY PROPOSED MASTER PLAN FOR THE 17TH STREET SURFACE LOTS, PREPARED BY ZYSCOVICH, INC., DATED SEPTEMBER 21, 2001; AND B) DEVELOPING AND IMPLEMENTING COMMUNITY POLICING INNNOVATIONS WITHIN THE DISTRICT, AS PROVIDED FOR IN SECTIONS 163.340, 163.350, 163.356, 163.360, 163.361, AND 163.370, FLORIDA STATUTES. ADMINISTRATION RECOMMENDATION To: From: Subject: COMMISSION MEMORANDUM Adopt the Resolution. ANALYSIS Section 163.361, Florida Statutes, provides that the "governing body" of the Redevelopment Agency may amend the Redevelopment Plan from time to time, upon recommendation of the Agency. The Administration believes it is opportune to amend the City Center/Historic Convention Village Redevelopment Area Plan in order to reflect existing conditions and future plans for the area as contemplated by the master planning initiative underway by Zyscovich, Inc., and most importantly, to take advantage of a provision under Section 163.361, Florida Statutes, to implement and fund Community Policing Innovations in the area. Commission Memorandum Amendment to City Center Redevelopment Plan April 10, 2002 Page 2 of 3 Redevelopment Plan Update On April 18, 2001, the City Commission authorized the Administration to enter into contract with Zyscovich, Inc., (Consultant), to develop a concept plan for the 17th Street and Washington Avenue surface parking lots, incorporating the proposed expansion ofthe New World Symphony (NWS). Due to the significance of this site and the impact of future development alternatives contemplated thereon, the Consultant's scope was expanded to evaluate the site in the context of its importance to the surrounding core area of the City and to develop an updated Master Plan for City Center/Historic Convention Village Redevelopment Area in the process. On September 21,2001, Zyscovich, Inc., delivered a site utilization report and preliminary concept plan, entitled "Preliminary Proposed Master Plan, that addresses the needs ofthe Convention Center and the New World Symphony, evaluates parking and transportation requirements, respects the need for an open space public plaza, identifies opportunities for gateway entrance features, evaluates the need and location of an Intermodal Center, and complements the adjacent urban relationships and historic districts. The Plan was approved in concept by the City Commission at the October 17, 2001 Commission Meeting. This preliminary concept plan not only reflects updated conditions in the area since the inception of the original City Center Redevelopment Plan in 1993, but also continues to provide as a working document to finalize outstanding urban planning issues essential to the completion of the Plan. These issues, which are being addressed by Zyscovich, as part of its ongoing scope of services, include streetscape improvements for Convention Center Drive; streetscape improvements for 16th Street east-west corridor; potential re-zoning of 17th Street; analysis of the 2151 Street Community Center and establishment of Dade Boulevard Traffic Circles; determining the location and phasing of a garage and charging facility for the Electric Shuttle; the development ofthe preferred lots to address specialized meeting/exhibition space and parking requirements for the Convention Center; the short and long term plans for the location and development of the Garden Center; site development analyses relative to the New World Symphony expansion plans; concept plan development for Pennsylvania Avenue garage fa<;ade retail; resolution of Drexel Avenue closing; Lincoln Road streetscape issues; and, streetscape design changes related to the bus route changes. As such, the Administration recommends adopting an amendment to the City Center Redevelopment Plan, incorporating by reference the Preliminary Proposed Master Plan for 17th Street Surface Lots and surrounding Convention/Civic Center Area. Community Policing Innovations: Recent changes to Chapter 163.361, Florida Statutes, enable Community Redevelopment Areas (CRAs), to implement and fund "community policing innovations", defined as a "policing technique or strategy designed to reduce crime by reducing opportunities for and Commission Memorandum Amendment to City Center Redevelopment Plan April 10, 2002 Page 3 of 3 increasing the perceived risks of engaging in, criminal activity through visible presence of police in the community, including but not limited to, community mobilization, neighborhood block watch, citizen patrol, citizen contact patrol, foot patrol, neighborhood storefront police stations, field interrogation, or intensified motorized patrol." This provision in the State Statutes presents an opportunity for the RDA to shoulder the cost for current and enhanced levels of police services within the boundaries of the City Center area, providing the potential for significant savings to the General Fund. In accordance with Section 163.350, the RDA has been working with the Police Department to draft a "workable program," which the City Administration is in the process of evaluating as part of the FY 2002/03 Budget process. Redevelopment Plan Amendment Process Subject to the adoption ofthe proposed Amendment by the City Commission, the adopted Amendment must then be presented to Miami-Dade County's Community Redevelopment Agency (CRA) Committee for recommendation to the Board of County .Commissioners, which in turn must hold a public hearing prior to adopting the proposed Amendment. As such, the Administration recommends scheduling the public hearing, as a first step in the process of implementing the proposed amendments to the City Center Redevelopment Plan. JMG/~ob T:'AGENDA\2002\APR1002\REGULAR\RDAplanamend.doc