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
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APPROvED AS TO
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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.
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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
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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.
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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
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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? __~;:
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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.
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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.
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