97-22312 RESO
Resolution No. 97-22312
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO ISSUE A CERTIFICATE OF
CONSISTENCY WITH THE CITY'S CONSOLIDATED PLAN
TO DOUGLAS GARDENS COMMUNITY MENTAL HEALTH
CENTER OF MIAMI BEACH, INC. FOR THE "MAYFAIR
PROJECT" AS DESCRIBED IN DOUGLAS GARDENS'
"RESPONSE TO THE CITY'S RFP FOR CDBG FUNDING
FOR FY 1996/1997 [PROGRAM YEAR 22], " DATED MARCH
15, 1996 (CDBG RFP PROPOSAL #7) (THE "MAYFAIR
PROJECT"), WHICH IS LOCATED AT 1960 PARK AVENUE,
MIAMI BEACH, FLORIDA; SAID CERTIFICATE OF
CONSISTENCY ISSUED IN ACCORDANCE WITH THE
TERMS OF THE CONCILIATION AGREEMENT BY AND
BETWEEN THE CITY, DOUGLAS GARDENS COMMUNITY
MENTAL HEALTH CENTER OF MIAMI BEACH, INC. AND
U.S. HUD, IN SETTLEMENT OF THE LAWSUIT STYLED
DOUGLAS GARDENS COMMUNITY MENTAL HEALTH
CENTER OF MIAMI BEACH. INC. V. CITY OF MIAMI BEACH
C.D.. ET AL. HUD CASE NO. 04-96-0292-8.
WHEREAS, on July 26, 1995, the Mayor and City Commission approved the C ty';
Consolidated Plan; and
WHEREAS, on May 29, 1996, Douglas Gardens Community Mental Health Cellte r
of Miami Beach, Inc. (Douglas Gardens) filed a complaint with the U.S. Department d
Housing and Urban Development (U.S. HUD) styled Douglas Gardens Community Mentc!l
Heaith Center of Miami Beach. Inc. v. City of Miami Beach C.D.. et al. HUD case no. 04-
96-0292-8 (the Lawsuit); and
WHEREAS, on January 22, 1997, the Mayor and City Commission ado~tej
Resolution No. 97-22269, approving and authorizing the Mayor and City Clerk to execut~
a Conciliation Agreement by and between the City of Miami Beach, Douglas Gardl~n;
Community Mental Health Center of Miami Beach, Inc. and U.S. HUD, in settlement ofth'~
Lawsuit; and
WHEREAS, the terms of the Conciliation Agreement stipulate that the City sha I
consider the adoption of a Certificate of Consistency Resolution authorizing the Cit"
Manager to issue a Certificate of Consistency with the City's Consolidated Plan to Dourlla;
Gardens for the "Mayfair Project" as described in Douglas Gardens' "Response to th~
City's RFP for CDBG funding for FY 1996/1997 [Program Year 22]," dated March 15, 19911)
(CDBG RFP Proposal #7) (the "Mayfair Project"), which is located at 1960 Park AvenUE,
Miami Beach, Florida; said Certificate of Consistency issued in accordance with the term;
of the Conciliation Agreement by and between the City, Douglas Gardens and U.S. HUD,
in settlement of the Lawsuit; and
WHEREAS, U.S. HUD requires that applicants for funding obtain and submit 3
Certificate of Consistency with the Consolidated Plan from the entitlement jurisdiction
where the proposed project is to be located.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Manager is
authorized to issue a Certificate of Consistency with the City's adopted Consolidated Pial
to Douglas Gardens Community Mental Health Center of Miami Beach, Inc. for th ~
"Mayfair Project" as described in Douglas Gardens' "Response to the City's RFP f( r
CDBG funding for FY 1996/1997 [Program Year 22]," dated March 15,1996 (CDBG HFP
Proposal #7) (the "Mayfair Project"), which is located at 1960 Park Avenue, Miami Beach,
Florida; said Certificate of Consistency issued in accordance with the terms of th~
Conciliation Agreement by and between the City of Miami Beach, Douglas Garden s
Community Mental Health Center of Miami Beach, Inc. and U.S.HUD, in settlement of th ~
lawsuit styled Douglas Gardens Community Mental Health Center of Miami Beach. In<~
v. City of Miami Beach C.D.. et al. U.S. HUD Case No. 04-96-0292-8.
Approved and Adopted, this ~ da~ f
Attest:
_+<0 ~a- -fJAA(~
Robert Parcher, City Clerk
CH\RESO\DGDNCER1.RE3
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECunON
L0l~
., City Aftomey
~;1:-
Omt~
CERTIFICATION OF CONSISTENCY WITH
THE CONSOLIDATED
PLAN
Proposed Activities:
A proposal by Douglas Gardens Community Mental Health Center of Miami Beach, Ine ~iIlr
the "Mayfair Project" as described in Douglas Gardens' "Response to the City's RFI' ~'Ir
CDBG funding for FY 1996/1997 [Program Year 22]," dated March 15, 1996 (CDBG Rl P
Proposal #7) (the "Mayfair Project"), which is located at 1960 Park Avenue, Miami B(acb,
Florida.
The City of Miami Beach, certifies
(State, City or County)
181 that the proposed activities are consistent with the Consolidated Plan for
the jurisdiction in which the proposed project will be located.
ture of Public Official Responsible for Submitting the Plan)
:t~ I';
(Date)
f:\ch\\conplan\cc nsistl ncy
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
COMMISSION MEMORANDUM NO. ~7
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
March 5, 19! 7
FROM:
Jose Garcia-Pedrosa )l
City Manager
~HREE RESOLUTIO S OF THE MAYOR AND CITY COMMISSIOr-, CF
THE CITY OF MIAMI BEACH, FLORIDA: A "CERTIFICATE CF
CONSISTENCY RESOLUTION"; A "SETTLEMENT AWAR~D
RESOLUTION"; AND A "CONSOLIDATED PLAN RESOLUTION"; ALL IN
ACCORDANCE WITH THE TERMS OF THE CONCILIATION AGREEMIE~" T
BY AND BETWEEN THE CITY, DOUGLAS GARDENS COMMUNITY
MENTAL HEALTH CENTER OF MIAMI BEACH, INC. AND U.S. HUD, IN
SETTLEMENT OF THE LAWSUIT STYLED DOUGLAS GARDENS
COMMUNITY MENTAL HEALTH CENTER OF MIAMI BEACH. INC. 'l...:.
CITY OF MIAMI BEACH. C.D.. ET AL. HUD CASE NO. 04-96-0292-8.
SUBJECT:
RECOMMENDA TION:
Approve the resolutions.
BACKGROUND:
On May 29, 1996, Douglas Gardens Community Mental Health Center of Miami Beach,
Inc, (Douglas Gardens) filed a complaint with the Department of Housing and Urban
Development (U.S. HUD) , styled Douglas Gardens Community Mental Health Center lrr
Miami Beach. Inc. v. City of Miami Beach C.D.. et ai, U.S. HUD Case No. 04-96-0292-:1,
alleging violations of the Fair Housing Act, as amended, 42 U.S.C. 993601-3619 (1H8ll)
involving the proposed "Mayfair Project" to be located at the Mayfair Hotel, 1960 Palk
Avenue, Miami Beach, Florida.
On June 18, 1996, the City retained Steel Hector & Davis LLP (special legal counsell 1:>
represent the City. Special legal counsel engaged in settlement negotiations for th e
above-referenced lawsuit interacting with the U.S. HUD, Office of Fair Housing anj
Enforcement Center, and Douglas Gardens under the conciliation provisions of the=a r
Housing Act.
On January 22,1997, the City Commission adopted Resolution No. 97-22269, appro"in~
and authorizing the Mayor and City Clerk to execute the Conciliation Agreement bY:ln j
AGENDA ITEM R r- n.-
DATE 3-5:.:t=L
COMMISSION MEMORANDUM
MARCH 5,19!J7
PAGE 2
between the City of Miami Beach, Douglas Gardens Community Mental Health Center )f
Miami Beach, Inc. and U.S. HUD, in settlement of the lawsuit styled Douglas Gardens
Community Mental Health Center of Miami Beach. Inc. v. City of Miami Beach C.D.. E!t elL.
U.S. HUD case no. 04-96-0292-8; authorizing the Mayor and City Clerk to executf~ en
Escrow Agreement for retention and delivery of the General Release and Joint Stipulatic n
of Dismissal with Prejudice pertaining to said lawsuit as to the City; authorizing the firm )f
Steel Hector & Davis LLP, as special legal counsel for the City, to execute the ,iloht
Stipulation of Dismissal with Prejudice and the Second Joint Stipulation with Prejudice; ard
further authorizing the Mayor, City Clerk, and Steel Hector & Davis LLP to execute any ard
all related documents, subject to review by the City Attorney's Office and Steel Hector ,&
Davis LLP, in full and final settlement of this matter.
ANAL YSIS:
The terms of the Conciliation Agreement stipulate that the City shall consider the ado~tic n
of three resolutions at the March 5, 1997 City Commission meeting: a "Certificat'3 l)f
Consistency Resolution"; a "Settlement Award Resolution"; and a "Consolidated Pia n
Resolution".
Certificate of Consistency Resolution
The "Certificate of Consistency Resolution" authorizes the City Manager to issue:!
Certificate of Consistency with the City's adopted Consolidated Plan to Douglas Gardens
for the "Mayfair Project" as described in Douglas Gardens' "Response to the City's HF :>
for CDBG funding for FY 1996/1997 [Program Year 22]," dated March 15, 1996 (CDB13
RFP Proposal #7) (the "Mayfair Project"), which is located at 1960 Park Avenue, Mianli
Beach, Florida.
Settlement Award Resolution
The "Settlement Award Resolution" amends the text of the fiscal year 1996/97 One- '( ec r
Action Plan component of the Consolidated Plan, as it pertains to the HOME Investrr ert
Partnerships Program, reducing the proposed Notice of Funding Availability (NOFA), urder
Project Costs for Acquisition and Rehabilitation, from $1,035,906 to $285,906, the NOFJ'
to be issued by the City by the end of fiscal year 1996/97.
This Resolution also authorizes the Mayor and City Clerk to execute a HOME Investrrer t
Partnerships Program Agreement, substantially in the form of Exhibit "A" attached to th,~
Conciliation Agreement, with Douglas Gardens to provide for the commitment cf
exclusively uncommitted HOME Investment Partnerships Program funds in the amount cf
Seven Hundred and Fifty Thousand dollars ($750,000) for the Mayfair Project, exclusivel"
COMMISSION MEMORANDU VI
MARCH 5, ., 9F7
PAGE 3
for the acquisition of the property at 1960 Park Avenue, Miami Beach, said resolution not
to become effective unless and until Douglas Gardens complies with the conditions Sll~t
forth in paragraphs 3B(a), (b), and (c) and their respective subparts of the Concilia,ticn
Agreement.
Consolidated Plan Resolution
The "Consolidated Plan Resolution" amends the text of the Three -Year Consolidated Plan
for Federal Funds for Fiscal Years 1995/96, 1996/97 and 1997/98 (Consolidated Plan~,
as it pertains to the approval of Special Needs Housing on a case-by-case basis, and the
funding of SRO units, as follows:
1.) The language "when there is community support" shall be removed from th e
sentence, "Special needs housing can be considered on a case-by-case basis whe1
there is community support," which appears at page v of the Plan; the languag3
"and community support" shall be removed from the sentence, "All SRO, emergenc~
shelter and homeless initiatives will require a Plan Consistency Review as outli 1ej
earlier and community support," which appears at page 6-17 of the Plan; the worj
"both" and the language "and community support" shall be removed from th 3
sentence, "Without both an approved Consistency Review and community suppo t
no project will be approved," which appears at page 6-17 of the Plan; the languag3
"when there is community support" shall be removed from the sentence, "Specicd
needs housing will be considered on a case-by-case basis when there is communit{
support," which appears at page 7-55 of the Plan; and the language "when there i;
community support" shall be removed from the sentence, "Special needs houf,in .~
can be considered on a case-by-case basis when there is community support "
which appears at page 3 of the Commission Memorandum No. 645-95, dated ,lul (
26, 1995, attached as an appendix to the Plan; and
2.) The City's Consolidated Plan is amended as it pertains to the funding of single rc'orl
occupancy (SRO) units, by removing the following language:
"No shelter or SRO units will be funded due to the substantial commitments in th'3S"~
areas made in previous years," which appears at pages iv and v of the Plan; "nl)
shelter, or SRO units will be funded due to the substantial commitments in thl:!s'~
areas made in previous years," which appears at page 3 of the Commissioll
Memorandum No. 645-95, dated July 26, 1995, attached as an appendix to thl~
Plan; and "The Consolidated Plan modification proposed will not allow j~nl
additional shelters or SRO units in the future," which appears at page 8 of thl~
Commission Memorandum No. 645-95, dated July 26, 1995, attached as all
appendix to the Plan.
COMMISSION MEMORANDUl\l
MARCH 5, 199"
PAGE 4
In accordance with U.S. HUD regulations at CFR 91-105 and CFR 91-505, and the City'~;
Citizen Participation Plan, revised and amended on April 5, 1995, an amendment to the
Consolidated Plan and/or the One-year Action Plan component of the Consolidated Plan
requires that a 30-day period be provided for the public to comment on the proposed
change, and that two public hearings be held to receive public input on any propm;ed
amendment.
A Notice of Public Comment Period was advertised on January 30, 1997, for commE'nt!;
to be accepted until March 3, 1997. The first required public hearing was held by th'l~
Economic and Community Development Division of the Development, Design and Histori~
Preservation Department on February 11, 1997. Resolution No. 97-22276, adopted
February 5, 1997, called for the required second public hearing to be held by the Mayor
and City Commission at the March 5, 1997 City Commission meeting at 11 :00 a.m.
CONCLUSION:
The Administration recommends that the Mayor and City Commission adopt the thre'!!~
attached Resolutions: a "Certificate of Consistency Resolution"; a "Settlement Awari
Resolution"; and a "Consolidated Plan Resolution"; all in accordance with the terms of th ~
Conciliation Agreement by and between the City, Douglas Gardens Community Melt,1
Health Center of Miami Beach, Inc. and U.S. HUD, in settlement of the lawsuit stylei
Douglas Gardens Community Mental Health Center of Miami Beach. Inc. v. City of Mianj
Beach. C.D.. et al. U.S. HUD Case No. 04-96-0292-8.
JGP/H~MDC/CAH
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