2011-3746 Ordinance ORDINANCE NO. 2011-3746
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,AMENDING CHAPTER 2, ARTICLE III, DIVISION 26,
SECTIONS 2-190.107 AND 2-190.110 OF THE CITY CODE,ESTABLISHING THE
CITY'S COMMUNITY DEVELOPMENT ADVISORY COMMITTEE,TO AMEND THE
CITY AFFILIATION REQUIREMENTS FOR MEMBERSHIP ON THE COMMUNITY
DEVELOPMENT ADVISORY COMMITTEE; PROVIDING FOR REPEALER,
CODIFICATION,SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the U S Housing and Urban Development Department (HUD) requires that
entitlement communities prepare and file a Citizen Participation Plan which outlines citizen involvement
in an advisory role in the planning, implementation and assessment of HUD programs; as well as to
provide full access to HUD program information to citizens by providing full and timely disclosure of all
information regarding HUD programs; and
WHEREAS,Ordinance No 97-3086 established the City's Community Development Advisory
Committee(CDAC), and
WHEREAS, per the City's Citizen Participation Plan, adopted pursuant to Resolution No 95-
21538,the fourteen(14)direct appointees to the Committee must fulfill the City affiliation requirement
by either(i)being a resident of a locally designated community development target area for a minimum
of six(6)months;or(ii)demonstrating ownership/interest for a minimum of six(6)months in a business
established in a locally designated community development target area for a minimum of six (6)
months, and
WHEREAS, the Administration finds that it is in the best interest of the City to amend the
aforestated affiliation requirement.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
That Miami Beach City Code, Chapter 2, entitled "Administration", Article III, entitled "Agencies,
Boards and Committees", Division 26, entitled "Community Development Advisory Committee",
Sections 2-190 107, and 2-190.110, are hereby amended as follows
SECTION 1.
Section 2-190 107 entitled "Purpose," is hereby amended as follows-
Sec. 2-190.107. Purpose.
Per the city's citizen participation plan, adapted-by , and as said plan
may also be amended by the city from time to time,the community development advisory committee
(CDAC)shall serve as an advisory body,representing all residents of the city,especially those directly
affected by the consolidated plan, which will encompass CDBG, HOME and ESGP funds, and the
section 108 loan guarantee program, to provide input regarding all phases of the community
development program, and to effectuate and encourage citizen participation from all individuals,
especially low and moderate income persons and residents of community development target areas In
order to ensure representation from individuals residing in affected CDBG target areas, the
administration in conjunction with the CDAC may hold neighborhood meetings/hearings to obtain input
directly from those affected, however, CDAC attendance is not mandatory at these special meetings.
(Ord No 97-3086, § 2 5, 7-2-97)
SECTION 2.
Section 2-190.109, entitled "Composition," is hereby amended as follows:
Sec. 2-190.109—Composition.
The community development advisory committee shall be composed of 14 members The mayor and
city commissioners shall each make two direct appointments-, provided that at least one member
appointed by the mayor and each commissioner meets the city affiliation requirements in subsection 2-
190.110(1) (a) or (b).
(Ord. No. 97-3086, §2 5, 7-2-97; Ord. No 2000-3245, § 1, 5-24-00) _
SECTION 3.
Section 2-190.110, entitled "City affiliation," is herebyamended as follows:
Sec. 2-190.110—City affiliation.
The 14 direct appointees shall fulfill the city affiliation requirement in eitherof the following ways
At least seven (7) appointees shall either be.
fa) Miami Beach residents, for a minimum of six (6) months,in non-target areas,
or
either city residents, or non- residents, who hold a leadership position in
organizations that provide community development services to low and/or
moderate-income people or neighborhoods, preferably within the city;provided,
however,the organization that the appointee holds such position in cannot be a
current or future recipient of city CDBGor HOME funds.
The remaining appointees shall either be.
f_a_13 a resident of a locally designated community
development target area for a minimum of sixes months. or-
{ (2) demonstrate ownership/interest for a minimum of six
months in a business established in a locally designated community
development target area for a minimum of sixes months.
(Ord No 97-3086, § 2 5, 7-2-97, Ord No 2000-3245, § 1, 5-24-00)
SECTION 4. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and
the same are hereby repealed
SECTION 5. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid,the remainder shall not
be affected by such invalidity
SECTION 6. 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 relettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
SECTION 7. EFFECTIVE DATE
This Ordinance shall take effect ten(10) days following adoption.
PASSED AND ADOPTED this14th day of December , 2011.
ATTEST 'at.oC k cC,� ,� •,
CITY CLERK f-Ok BF 'S A O"
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Condensed Title:
An Ordinance Amending Chapter 2,Article III, Division 26, Sections 2-190.107 and Section 2-190.110 Of The City Code to
Amend the City Affiliation Requirements for Membership on the Community Development Advisory Committee. __
Key Intended Outcome Supported:
1. Increase access to workforce or affordable housing. 2. Improve the lives of elderly residents. 3. Enhance learning
opportunities for youth. 4. Reduce the number of homeless. 5. Ensure safety and appearance of building structures and
sites.
Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2009 Customer Satisfaction Survey: 17 5% of
businesses feel that lack of workforce housing is one of their most important challenges;80%of residents 65-years or older
rated City response to expectations as good or excellent; 65%of households with children rated the City support of youth
progams as good or excellent; 43 6% of residents responded favorably to the City's handling of homelessness, 64% of
residents felt that code enforcement was acceptable.
Issue:
Shall the City Code be amended to mirror the HUD recommendation for City affiliation requirements for membership on the
Community Development Advisory Committee?
Item Summary/Recommendation:
SECOND READING PUBLIC HEARING __—
The U S. Housing and Urban Development Department (HUD) requires that entitlement communities prepare and file a
Citizen Participation Plan which outlines citizen involvement in an advisory role in the planning, implementation and
assessment of HUD programs,as well as to provide full access to HUD program information to citizens by providing full and
timely disclosure of all information regarding HUD programs.
The Administration recommends an amendment to the ordinance governing the composition of CDAC,as well as the Citizen
Participation Plan, to improve public participation. If amended, the Community Development Advisory Committee shall
continue to be composed of 14 members. The Mayor and City Commissioners shall each continue to make two
appointments.Seven appointees shall either be:a resident of a locally designated community development target area for a
minimum of six months,or someone who can demonstrate ownership/interest for a minimum of six months in a business
established in a locally designated community development target area. The other seven appointments may be:a resident
that does not live in the target area; or an individual in a leadership position with an organization that serves low- and/or
moderate-income individuals or neighborhoods, provided, however, that such organization shall not be a recipient of city
CDBG or HOME funds.
The proposed Ordinance Amendment to the City Code requires two readings. The first reading occurred on October 19,
2011 It is recommended that the Commission approve the proposed amendment on second reading, public hearing.
Advisory Board Recommendation:
This item was approved at the September 1, 2011 Neighborhoods/Community Affairs Committee meeting.
Financial Information:
Source of Funds: Amount Account Approved
1 N/A
2
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Anna Parekh X7260
Sign-Offs:
Dal,ailment Director Assis nt City Manager City Manager•
AP HF ' JMG
410
MIAMI BEA H AGENDA ITEM PSB
DATE 12--ly- l
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
To Mayor Matti Herrera Bower and Members of the City Commission
FROM. Jorge M. Gonzalez, City Manager 411 DATE December 14, 2011 SECOND READING
PUBLIC HEARING
SUBJECT AN ORDINANCE AMENDING CHAPTER 2, ARTICLE III DIVISION 26,
SECTIONS 2-190.107 AND SECTION 2-190.110 OF THE CITY CODE TO
AMEND THE CITY AFFILIATION REQUIREMENTS FOR MEMBERSHIP ON
THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE; PROVIDING
FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
BACKGROUND
The U.S. Housing and Urban Development Department (HUD) requires that entitlement
communities, such as the City, prepare and file a Citizen Participation Plan which outlines, among
other things, citizen involvement in an advisory role in the planning, implementation and
assessment of HUD programs. In 1978, the City submitted a Citizen Participation Plan which
outlined the composition of the City's Community Development Advisory Committee (CDAC) The
CDAC serves as the City's Advisory Committee that provides input regarding all phases of the
housing and community development programs.
The City's ordinance requires CDAC members to either be a resident of, or demonstrate
ownership/interest in a business established in, a locally designated Community Development
target area for a minimum of six months. Appointments to the CDAC are made by the Mayor and
City Commissioners, each having two appointees, for a total of 14 members. Vacancies on the
CDAC have been an issue and have impacted quorum requirements, prompting the proposal for a
change to the Committee composition and/or appointment process to address the recurring issue
with vacancies. An amendment was prepared and submitted for the April 13, 2011 Commission
agenda, which would have required Committee review prior to second reading, proposing to allow
the CDAC appointment process to mirror the appointment process for most other City advisory
committees (citywide appointments versus appointments from the target areas), in an effort to
increase the pool of potential applicants
The item was referred to the Neighborhood/Community Affairs Committee by acclamation at the
April 13, 2011 Commission meeting at the request of Commissioner Weithorn. Commissioner
Weithorn stated that the proposed ordinance should go to Committee because she believes it may
be too broad. Mayor Bower stated that she also would like the proposed ordinance to go to
Committee before the first reading and requested a referral, as she wanted to ensure that
individuals that have an interest in, receive and/or understand community development services
would continue to be appointed and involved The item was discussed at the June 3, 2011
Neighborhood/Community Affairs Committee meeting and then approved by the
Neighborhood/Community Affairs Committee on September 1, 2011 The first reading occurred on
October 19, 2011
City Commission Memorandum-CDAC Ordinance Amendment
December 14,2011
Page 2 of 3
ANALYSIS
As proposed on June 3, 2011, to the Neighborhood/Community Affairs Committee, as an
alternative to modifying the overall appointment structure to allow all positions to be citywide
appointments, there were several options presented that could potentially also help address the
issue of vacancies
1) Leave the Committee structure and appointment process "as is" and more heavily promote
and recruit potential applicants for the Committee, including from applicants to other City
committees,
2) Reduce the Committee composition from 14 members to seven,
However, an additional option was proffered and discussed at the Committee which would be to
amend the Committee composition to allow the appointment of individuals that are in leadership
positions in community organizations (e.g non-profits, etc.) that provide community development
services to low-and moderate-income people or neighborhoods, but are not currently or potential
recipients of the City's CDBG or HOME funding There was also discussion on allowing a certain
percentage of the appointments to be citywide, rather than from target areas
Recommended changes
In light of the comments made and concerns voiced about ensuring that there continue to be
Committee members that have a first-hand understanding and/or interest in community
development issues, the following proposed amendment options were developed and approved by
the Neighborhood/Community Affairs Committee
Seven appointees of the 14 members (one of the two appointments made by the Mayor and each
Commissioner) shall either be
a. A resident of a locally designated community development target area for a minimum of six
months, or,
b Someone who can demonstrate ownership/ interest for a minimum of six months in a
business established in a locally designated community development target area for a
minimum of six months
The other seven of members of the Committee (the other of the two appointments made by the
Mayor and each Commissioner) can meet the criteria above, or can be appointed as follows
a. Miami Beach residents in non-target areas, or,
b. Non-city residents in leadership positions in organizations that provide community
development services to low-and/or moderate-income people or neighborhoods, preferably
in Miami Beach The organization that they represent cannot be a current or future recipient
of city CDBG or HOME funds (due to Federal Conflict of Interest Laws)
As proposed, a Commissioner would be able to continue to appoint two members that are either
residents or businesses in the target area.
In summary, these amendments would result in a 14-member CDAC which would include at least
seven members (50% of total Committee) that are from within the target area (either a resident of,
or owning/working for a business in, the target area), and the other seven members who can be
residents that live outside of the target area, or non-residents that have leadership positions in
organizations that serve low- or moderate-income individuals or neighborhoods Should this
proposed amendment be adopted, an amendment to the City's Citizen Participation Plan would
also be required
City Commission Memorandum-CDAC Ordinance Amendment
December 14,2011
Page 3 of 3
In addition to the proposed amendment, proactive recruitment and outreach efforts will be initiated.
These include
a MBTV spots
b Use of the City/Office of Real Estate, Housing and Community Development website
Flyers with applications on one side and CDAC info on the other
c. Partner outreach efforts with non-profits such as Miami Beach CDC, Jewish Community
Services, UNIDAD and the Housing Authority of the City of Miami Beach
d Outreach to PTAs
e. Targeted meetings with neighborhoods associations
f. Outreach to buildings which house seniors
g. Outreach at City parks/youth centers
RECOMMENDATION
The Administration recommends an amendment to the ordinance governing the composition of
CDAC, as well as the Citizen Participation Plan, to allow for one of the two appointments made by
the Mayor and Commissioners to be a resident that does not live in the target area or an individual
in a leadership position with an organization that serves low- and/or moderate-income individuals
or neighborhoods, provided, however, that such organization shall not be a recipient of city CDBG
or HOME funds.
The proposed Ordinance Amendment to the City Code requires two readings The first reading
occurred on October 19, 2011 It is recommended that the Commission approve the second
reading,r ublic hearing
JMG/HF j BG
TWGENDA\2011\10-19-11\CDAC Code Amendment Memo.doc
12NE I THURSDAY, NOVEMBER 24,2011 NE
MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings and 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,December 14,2011 to consider the
following
10:15 a.m.
rrdinance Deleting Section 2-27 Of The Miami Beach Code, Entitled
"Commission Committee Draft Minutes-City Commission Approval,"Creating
A New Section 2-13 Of The City Code,Entitled"Commission Committee Draft
Minutes-City Commission Approval
Inquiries may be directed to the Legal Department at(305)673-7470
N/ 1020 a.m. -
J` Ordinance Amending Chapter 2,Article III,Division 26,Sections 2-190107 And
2-190110 Of The City Code,Establishing The City's Community Development
Advisory Committee, To Amend The City Affiliation Requirements For
Membership On The Community Development Advisory Committee
inquiries may be directed to the Real Estate,Housing&Community Development
at(305)673-7260
10:25 a.m.
Ordinance Amending Procedures To Provide Local Preference To Miami
Beach-Based Vendors In The Award Of Contracts For Goods And-General
Services, By Amending Chapter 2 Of The Code Of The City Of Miami
Beach Entitled, "Administration," By Amending Article VI Thereof Entitled,
"Procurement,"By Amending Division 3 Entitled,"Contract Procedures,"By
Amending Section 2-372 Thereof
Inquiries may be directed to the Procurement Division at(305)673-7490
10:25 a.m.
Ordinance Implementing Procedures To Provide A Vendor Preference In
The Award Of Contracts For Goods And Contractual Services, To Florida
Small Businesses Owned And Controlled By Veterans And To State Certified
Service-Disabled Veteran Business Enterprises By Amending Chapter 2 Of
The Code Of The City Of Miami Beach Entitled,"Administration,"By Amending
Article Vi Thereof Entitled,"Procurement," By Amending Division 3 Entitled,
"Contract Procedures,"By Creating Section 2-374
Inquiries may be directed to the Procurement Division at(305)673-7490
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,1st Floor,City
Half,Miami Beach,Florida 33139 Copies of these ordinances are available for
public inspection during normal business hours in the City Clerk's Office,1700
Convention Center Drive,1st Floor,City Hall,and Miami Beach,Florida 33139
This meeting may be continued and under such circumstances additional legal
notice would not be provided
Robert E Percher,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(305)604-2489(voice),(305)673-7218(fTY)five days in advance to
initiate your request TTY users may also call 711 (Florida Relay Service)
Ad 4663