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2016-29684 Reso RESOLUTION NO. 2016-29684 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE, WHICH DIRECTS THE ADMINISTRATION TO CREATE ONE OR MORE FUNDS FOR HOMELESS SERVICES AND AFFORDABLE/WORKFORCE HOUSING (HOUSING INITIATIVES) TO BE FUNDED FROM THE COLLECTION OF SHORT-TERM RENTAL VIOLATION FINES. WHEREAS, the City of Miami Beach is inundated with significant homeless issues, which directly impacts the quality of life for its residents and has a substantial adverse impact upon tourism; and WHEREAS, the City has experienced dramatic reductions of affordable/workforce housing, which has a substantial negative impact upon the City's elderly residents and community workforce; and WHEREAS, the City's short-term rental violation fines could have a positive impact by specifically addressing the City's homeless needs, and facilitating the availability of the affordable/workforce housing throughout the community; and WHEREAS, these short-term rental violation fines would be directly dedicated to fund various homeless programs, and serve to address the affordable/workforce housing needs of the City's community; and WHEREAS, the Finance and Citywide Projects Committee recommended that one or more funds must be created to address homelessness and affordable/workforce housing in the City, and that these public policy initiatives would be supplemented by those monetary funds collected from the short-term rental fines by the City; and WHEREAS, the Finance and Citywide Projects Committee, directed staff to establish the appropriate target thresholds for the allocation of these funds, which would be presented to the Commission for a determination of the final allocations of funds for these essential initiatives. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of Miami Beach hereby approve and authorize the City Manager to accept the recommendation of the Finance and Citywide Projects Committee, which directs the administration to create one or more funds for homeless services and affordable/workforce housing (housing initiatives) to be funded from the collection of short-term rental violation fines. PASSED and ADOPTED this /.,,0 , Iay7_l0,� 2Q,'f•. ATTEST: ' + P, � 14��i�� ILIB LEV 4 ;? 12 t4/1 s I * ; / APPROVED AS To o RAFAEL GRAN A DO, CITY CLERK �RP ORATED: G' r,;- �� � `� FORM&LANGUAGE j ',mss j •FOR EXECUTION _; ,-(k„ 3uaL av Attorney Date Resolutions - R7 N MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: December 14, 2016 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE DIRECTING THE ADMINISTRATION TO CREATE A DEDICATED FUND FOR HOMELESS SERVICES AND A DEDICATED FUND FOR AFFORDABLE/WORKFORCE HOUSING TO BE FUNDED FROM FINES COLLECTED FROM SHORT-TERM RENTAL VIOLATIONS. RECOMMENDATION Adopt the Resolution. ANALYSIS At its October 19, 2016 meeting, the City Commission referred item R9L to the Finance and Citywide Projects Committee (FCWP) for discussion regarding the use of short-term rental fines to address homelessness in our community as referred by Mayor Philip Levine. Commissioner John Aleman also referred discussion regarding to Committee regarding the use of the short-term rental fines to fund affordable/workforce housing. The Committee heard the item at its November 18, 2016 meeting. Since the adoption of the enhanced penalties for violations of the City's short-term rental ordinances in March 2016, the Office of Code Compliance has issued approximately$3.2 million in fines. When issued, fines can be addressed in two ways: 1) paying the fine associated with the violation; or 2) appealing the violation to the Special Master. If an adjudication of guilt is made by the Special Master, the violators are given a period of up to 120 days to pay the fine. Violations that are not appealed and/or not paid at time of adjudication become recorded liens against the property. While $3.2 million in fines have been issued, the City has only collected approximately$62,000 thus far. At its meeting, the FCWP Committee discussed the directed use of collected fines to address the pressing issues of homelessness and the shortage of affordable/workforce housing in our community. The Committee directed that funds collected from short-term rental violations be earmarked to a designated fund. The Committee further directed that the Administration determine the most effective methodology for distribution of funds for these two issues. As such, the Administration recommends that the first $200,000 collected be used to fund homeless services and all collected funds thereafter be distributed with 20 percent set aside for homeless services and 80 percent to address affordable/workforce housing needs. Page 998 of 1191 In addition, because the issuance of fines do not translate into immediate funds for the reasons mentioned above, the distribution methodology affords the necessary time to ensure that funds are collected and in hand before their commitment to specific projects. CONCLUSION The Administration recommends approval of this resolution enabling the creation of a fund to earmark fines from short-term rental violations for the expressed use of funding homeless services and the community's shortage of affordable/workforce housing. KEY INTENDED OUTCOMES SUPPORTED Ensure Workforce Housing For Key Industry Workers Is Available In Suitable Locations FINANCIAL INFORMATION Code Compliance fines are typically deposited in the City's General Fund, Fines and Forfeiture line item. The recommended action will create a dedicated fund for fines collected for short-term rental violations for the expressed use of addressing homelessness and the shortage of affordable/workforce housing in our community. Legislative Tracking Housing and Community Services Page 999 of 1191