Resolution 2021-31560 RESOLUTION NO. 2021-31560
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING THE
"AD HOC NORTH BEACH CRA ADVISORY COMMITTEE," TO
ADVISE THE ADMINISTRATION AND CITY COMMISSION IN
CONNECTION WITH THE PROPOSED NORTH BEACH
COMMUNITY REDEVELOPMENT AGENCY (THE "NORTH
BEACH CRA"), INCLUDING REVIEW AND INPUT WITH
REGARD TO THE PROPOSED REDEVELOPMENT PLAN FOR
THE NORTH BEACH CRA ("REDEVELOPMENT PLAN"), AND
THE PRIORITIZATION OF PUBLIC PROJECTS TO BE
INCLUDED IN THE REDEVELOPMENT PLAN; PRESCRIBING
THE PURPOSE, POWERS AND DUTIES, COMPOSITION,
TERMS OF OFFICE, KNOWLEDGE AND EXPERIENCE OF THE
COMMITTEE MEMBERS; AND, PROVIDING FOR AN
ADMINISTRATIVE LIAISON TO THE COMMITTEE.
WHEREAS, the Community Redevelopment Act of 1969, Chapter 163 of the Florida
Statutes, allows local governments to use property taxes generated in designated communities
for economic revitalization purposes within the district; and
WHEREAS, economic development is a primary Citywide goal, and the Miami Beach
City Commission has emphasized a focus on North Beach, the area of Miami Beach north of
63rd Street; and
WHEREAS, within North Beach, there exists a defined geographic area containing a
large number of deteriorated buildings and substandard housing units, which pose a public
concern and demonstrate economic distress, as defined in Section 163.340, Florida Statutes;
and
WHEREAS, both the 2014 North Beach Revitalization Plan, adopted pursuant to City
Commission Resolution No. 2014-28879, and the 2016 North Beach Master Plan, adopted
pursuant to Resolution No. 2016-29608 and reaffirmed by Resolution No. 2017-30013, identified
use of a Community Redevelopment Agency as a potential funding mechanism for the
numerous planning and improvement initiatives necessary for North Beach; and
WHEREAS, on July 25, 2018, the Mayor and City Commission adopted Resolution No.
2018-30432, accepting the recommendation of the NCAC to commence CRA discussions with
the County; and
WHEREAS, in order to designate a CRA, the Community Redevelopment Act of 1969,
Chapter 163, Florida Statutes, requires that an economic survey of the targeted area, also
known as the finding of necessity report ("FoN"), determine the existence of a minimum two of
fifteen specific conditions that the statute refers to as "blight" conditions; and
WHEREAS, although only two criteria are necessary to establish the need for a CRA,
the City's consultant's FoN report identified the presence of nine (9) of the fifteen criteria, which
are as follows:
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1. predominance of defective or inadequate street layout, parking facilities, roadways,
bridges, or public transportation facilities;
2. aggregate assessed values of real property in the area have failed to show
appreciable increase over the five years prior to the finding of such conditions;
3. faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
4. unsanitary or unsafe conditions;
5. deterioration of site or other improvements;
6. inadequate and outdated building density patterns;
7. fire and emergency medical service calls to the area proportionately higher than in the
remainder of the county or municipality;
8. a greater number of violations of the Florida Building Code in the area than the
number of violations recorded in the remainder of the county or municipality; and
9. diversity of ownership or defective or unusual conditions of title which prevent the free
alienability of land within the deteriorated or hazardous area; and
WHEREAS, on July 17, 2019, the City Commission adopted Resolution No. 2019-
30892, containing an earlier version of the FoN and directing the City Manager to initiate the
process of requesting the CRA at the County level; and
WHEREAS, on October 31, 2019, the City of Miami Beach presented the FoN to the
County Tax Increment Financing ("TIF") Committee, which accepted the declaration of necessity
contained in the FoN, and made a motion to recommend that the City consider extending the
boundary to include the Crespi and North Shore areas; and
WHEREAS, the City staff worked diligently to revised FoN to include the areas
recommended by the County's TIF Committee, prior to advancing to the next County
Commission committee meeting; and
WHEREAS, the City Administration (consistent with the County's TIF Committee's
recommendation), proposed the following geographic boundaries for the proposed North Beach
CRA: areas bounded by 87th Terrace to the north, the Atlantic Ocean to the east, 55th Street to
the south, and Rue Notre Dame to the east; and
WHEREAS, the City studied the additional area and, after series of community
engagements and resident feedback, decided to move forward with the original boundaries as
detailed in the City Resolution No. 2019-30892; and
WHEREAS, on July 8, 2020, Miami-Dade County Board of Commissioners adopted
Resolution No. R-619-20, finding that certain geographic area in the City of Miami Beach,
generally described as bounded on the north by 87th Terrace, on the south by 65th Street, on
the east by the Atlantic ocean, and on the west by Rue Notre Dame, to be slum or blighted;
declaring that the rehabilitation, conservation and redevelopment, or a combination thereof, of
the area to be in the interest of the public health, safety, morals and welfare of residents of the
City and the County; and finding a need for the creation of the North Beach CRA; and
WHEREAS, it is in the best interest of the City to ensure the continued participation by
residents, business owners, and community representatives of the North Beach Redevelopment
area, in connection with the North Beach CRA; and
WHEREAS, as such, Commissioner Michael Gongora has sponsored this instant
Resolution, which shall establish an ad hoc North Beach Redevelopment Oversight Committee
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("Committee"), in order to advise the City Manager and City Mayor and City Commission in
connection with the proposed North Beach CRA, including review and input with regard to the
proposed redevelopment plan for the North Beach CRA ("Redevelopment Plan"), and the
prioritization of public projects to be included in the Redevelopment Plan; and
WHEREAS, the purpose, powers and duties, composition, terms of office, knowledge
and experience of the Committee members, and administrative liaison to the Committee are set
forth in Exhibit"A" attached to this Resolution.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
create an ad hoc North Beach Redevelopment Oversight Committee in order to advise the City
Manager, and City Mayor and City Commission in connection with the proposed North Beach
Community Redevelopment Area ("CRA"), including review and input with regard to the
proposed redevelopment plan for the North Beach CRA ("Redevelopment Plan"), and the
prioritization of public projects to be included in the Redevelopment Plan; prescribe the purpose,
powers and duties, composition, terms of office, knowledge and experience of the Committee
members; and, provide for an administrative liaison to the Committee.
PASSED AND ADOPTED this 13th day of January 2021.
Dan Gelber, Mayor
ATTEST.
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Rafael E. Granado, ity Cerk ''y
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Sponsored by Commissioner Michael Gongora
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APPROVED AS TO
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City Attomeyoc Date
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EXHIBIT "A"
Ad Hoc North Beach CRA Advisory Committee
A. Purpose
The purpose of the Ad Hoc North Beach CRA Advisory Committee is to make advisory
recommendations to the Administration and the City Commission, from a macro perspective,
regarding the proposed North Beach CRA.
B. Powers and duties.
The Ad Hoc North Beach CRA Advisory Committee shall have the following powers and duties:
(1) Provide advisory recommendations regarding the initial creation of the proposed
Redevelopment Plan; and
(2) Provide advisory recommendations regarding the public projects which would be
included in the proposed Redevelopment Plan for the North Beach CRA, including
recommendations relative to the overall timing, cost efficiencies, and prioritization of
proposed public projects in the North Beach CRA;
(3) Provide advisory recommendations regarding the proposed interlocal agreement with
Miami-Dade County relating to the North Beach CRA, and all related matters
pertaining to the initial establishment of the North Beach CRA.
C. Membership Composition
The Ad Hoc North Beach CRA Advisory Committee shall be composed of seven (7) at-large
appointments, all of whom shall be appointed to serve for a term of no more than one (1) year at
a time.
(1) The seven (7) members shall be affiliated with the City; this requirement shall be
fulfilled in the following ways:
Resident Members. At least four (4) of the seven (7) members must
currently reside within the geographic boundaries of the North Beach CRA
area, and must have resided within the North Beach CRA area for a
minimum of five years; or
fib) Business Member. At least one (1) of the seven (7) members shall
demonstrate an Ownership Interest, for a minimum of five years, in a
Business established within the geographic boundaries of the North Beach
CRA area, without regard to that person's residency. A candidate who is
both a resident and a business owner may qualify for either the Resident
Member category pursuant to Section C(1)(a) above, or the Business
Member category pursuant to this subsection.
() Real Estate Industry Member. One (1) out of seven (7) members of the
Committee must be a real estate industry professional, residing generally
within the City of Miami Beach.
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Attorney Member. One (1) out of seven (7) member of the Committee must
be an attorney with experience in land use, real estate, or other related
practice areas, residing generally within the City of Miami Beach.
Le] General Requirements. Each of the seven (7) members must have a
demonstrated interest in neighborhood leadership issues, including, without
limitation, neighborhood business groups, homeowners associations,
condominium associations, cooperatives, civic groups, or other similar
qualifications.
For the purposes of this Section C, the following terms shall have the following
meaning:
• "Ownership Interest" shall mean the ownership of ten percent (10%) or
more (including the ownership of 10% or more of the outstanding capital
stock) in a business.
• "Business" shall mean any sole proprietorship, sponsorship, corporation,
limited liability company, but shall exclude a business engaged in real
estate development and property management, or a law firm (as
individuals practicing in those areas would be covered under the Real
Estate Industry Member category in subsection C(1)(c) herein, or the
Attorney Member category in subsection C(1)(d)).
Appointed members shall be required to demonstrate compliance with the City affiliation
requirements herein by executing an affidavit, in a form prepared by the City Clerk's Office,
stipulating that they have met the requirements set forth above, prior to being sworn in as a
member.
D. Conflict of interest.
in accordance with Florida law, under circumstances presenting a conflict of interest, an
advisory board member should abstain from voting with respect to any measure in which the
advisory board member has a personal, private, or professional interest and which inures to his
special private gain or the special gain of a principal by whom he is retained. The City Attorney's
Office liaison shall assist advisory board members in addressing any potential voting conflicts,
as necessary.
E. Administrative Liaison
The supporting departments for the Ad Hoc North Beach Development Oversight Committee
shall be the City Manager's Office, the Economic Development Department, and the Office of
Capital Improvements. The City Attorney's Office shall provide counsel to the Committee, and
the City's Office of the Inspector General shall provide oversight.
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Resolutions- R7 N
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael Paz,Acting City Attorney
DATE: January 13, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ESTABLISHING THE "AD HOC NORTH
BEACH CRA ADVISORY COMMITTEE," TO ADVISE THE
ADMINISTRATION AND CITY COMMISSION IN CONNECTION WITH THE
PROPOSED NORTH BEACH COMMUNITY REDEVELOPMENT AGENCY
(THE "NORTH BEACH CRA"), INCLUDING REVIEW AND INPUT WITH
REGARD TO THE PROPOSED REDEVELOPMENT PLAN FOR THE
NORTH BEACH CRA ("REDEVELOPMENT PLAN"), AND THE
PRIORITIZATION OF PUBLIC PROJECTS TO BE INCLUDED IN THE
REDEVELOPMENT PLAN; PRESCRIBING THE PURPOSE, POWERS AND
DUTIES, COMPOSITION, TERMS OF OFFICE, KNOWLEDGE AND
EXPERIENCE OF THE COMMITTEE MEMBERS; AND, PROVIDING FOR
AN ADMINISTRATIVE LIAISON TO THE COMMITTEE.
RECOMMENDATION
Pursuant to the request of Commissioner Michael Gongora, the above-referenced Resolution
is submitted for consideration by the Mayor and City Commission at the January 13, 2021 City
Commission meeting.
FINANCIAL INFORMATION
No fiscal impact.
Applicable Area
Not Applicable
Is this a"Residents Right Does this item utilize G.A.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Page 1613 of 1954
Commissioner Michael Gongora& Co-sponsored by Commissioner Samuelian
ATTACHMENTS:
Description
Memo
o Resolution
Page 1614 of 1954
BEACH
OFFICE OF THE CITY ATTORNEY
RAFAEL PAZ,ACTING CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR DAN GELBER
MEMBERS OF THE CITY COMMISSION
RAUL J.AGUILA, INTERIM CITY MANAGER
FROM: RAFAEL PAZ, ACTING CITY ATTORNEY (
DATE: January 13, 2021
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ESTABLISHING THE "AD HOC NORTH
BEACH CRA ADVISORY COMMITTEE," TO ADVISE THE
ADMINISTRATION AND CITY COMMISSION IN CONNECTION WITH THE
PROPOSED NORTH BEACH COMMUNITY REDEVELOPMENT AGENCY
(THE "NORTH BEACH CRA"), INCLUDING REVIEW AND INPUT WITH
REGARD TO THE PROPOSED REDEVELOPMENT PLAN FOR THE
NORTH BEACH CRA ("REDEVELOPMENT PLAN"), AND THE
PRIORITIZATION OF PUBLIC PROJECTS TO BE INCLUDED IN THE
REDEVELOPMENT PLAN; PRESCRIBING THE PURPOSE, POWERS AND
DUTIES, COMPOSITION, TERMS OF OFFICE, KNOWLEDGE AND
EXPERIENCE OF THE COMMITTEE MEMBERS; AND, PROVIDING FOR
AN ADMINISTRATIVE LIAISON TO THE COMMITTEE.
The above-referenced Resolution has been prepared at the request of Commissioner Michael
Gongora.
On July 8, 2020,the Miami-Dade County Board of County Commissioners adopted Resolution R-
619-20,which approved the Finding of Necessity acknowledging the need to declare a community
redevelopment area in North Beach, and delegating the City the power to establish the North
Beach Community Redevelopment Agency("CRA")and prepare a plan of redevelopment for the
North Beach CRA.
The Administration has engaged Daedalus Advisory Services to prepare the CRA Redevelopment
Plan. Daedalus Advisory Services, a real estate finance and economic development firm, was
selected from a pool of prequalified firms identified through a competitive bid process(RFQ-2019-
084-ND).
It is in the best interest of the City to ensure the continued participation by residents, business
owners, and community representatives of the North Beach Redevelopment area, in connection
with the North Beach CRA. As such,Commissioner Michael Gongora has sponsored the following
Resolution, which shall establish the Ad Hoc North Beach CRA Advisory Committee
("Committee"), in order to advise the City Manager and the City Commission in connection with
the proposed North Beach CRA, including review and input with regard to the proposed
Page 1615 of 1954
Commission Memorandum
January 13,2021 Page 2 of 2
redevelopment plan for the North Beach CRA ("Redevelopment Plan"), and the prioritization of
public projects to be included in the Redevelopment Plan.
As set forth in Exhibit"A"attached to the Resolution, the North Beach Advisory Committee would
be tasked solely with making advisory recommendations to the City Manager and the City
Commission, from a macro perspective, regarding the proposed North Beach CRA, including,
without limitation,the development of the public projects which would be included in the proposed
redevelopment plan for the North Beach CRA, and oversight with regard to timely progress,
overall goals,costs(including financial efficiencies),and completion of North Beach CRA projects.
Exhibit "A" outlines the purpose and powers of the Committee, membership composition, and
administrative liaisons to the Committee.
RAP/FA/ag
•
Page 1616 of 1954
RESOLUTION NO. 2020-31531
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPOINTING CITY ATTORNEY
RAUL J. AGUILA AS INTERIM CITY MANAGER UNTIL SUCH TIME AS
THE CITY COMMISSION APPOINTS A PERMANENT CITY MANAGER
AND THE NEW CITY MANAGER COMMENCES THEIR TERM OF
EMPLOYMENT, WITH THE UNDERSTANDING THAT: (1) MR. AGUILA
WILL RETURN TO HIS PERMANENT POSITION AS THE CITY
ATTORNEY ONCE THE PERMANENT CITY MANAGER'S
EMPLOYMENT TERM COMMENCES, AND (2) THE INTERIM CITY
MANAGER WILL NOT MAKE ANY SIGNIFICANT PERSONNEL
CHANGES AMONG EXECUTIVE ADMINISTRATIVE STAFF WITHOUT
PRIOR CONSULTATION WITH THE MAYOR AND CITY COMMISSION;
AND ALSO, APPOINTING DEPUTY CITY ATTORNEY RAFAEL PAZ AS
THE ACTING CITY ATTORNEY DURING MR. AGUILA'S PERIOD OF
SERVICE AS INTERIM CITY MANAGER, WITH THE UNDERSTANDING
THAT MR. PAZ WILL RETURN TO HIS POSITION AS DEPUTY CITY
ATTORNEY ONCE MR. AGUILA RETURNS TO HIS PERMANENT
POSITION AS CITY ATTORNEY.
WHEREAS, on October 7, 2020, City Manager Jimmy Morales, submitted his letter
of resignation to the Mayor and City Commission; and
WHEREAS, subsequently, Mr. Morales advised the City Commission that his last
day as the City Manager would be December 11, 2020; and
WHEREAS, immediately following Mr. Morales' resignation, the City Commission
initiated,the recruitment process for the selection of a permanent City Manager, while also
recognizing the need to appoint an Interim City Manager during the course of the selection
process; and
WHEREAS, in view of the strong internal candidates for the permanent City
Manager position, the City Commission determined that it would be unfair to appoint any
internal candidate interesting in the permanent position to serve as Interim City Manager,
as the City Commission desired not to provide any undue advantage to any one candidate
over others; and
WHEREAS, based on the City Commission's desire to level the playing field for
the recruitment process for the permanent City Manager position, the City Commission
determined that it would only appoint an Interim City Manager who would pledge and
commit to not apply for the permanent position; and
WHEREAS, five extremely talented and capable internal candidates indicated their
interest to serve as Interim City Manager until a permanent City Manager is appointed;
and
WHEREAS, among those candidates was Raul J. Aguila, the City's current City
Attorney; and
WHEREAS, Mr. Aguila is a dedicated public servant with twenty-nine (29)years in
public service — he served in the City Attorney's Office for Miami Beach for twenty-three
(23) years as either a First Assistant City Attorney or Chief Deputy City Attorney, before
being unanimously appointed by the City Commission to serve as the City Attorney in
2014; and
WHEREAS, Mr. Aguila's tenure as the City Attorney will end in March 2022, both
as a matter of his employment contract, and the requirements of the City's Deferred
Retirement Option Program ("DROP"); and
WHEREAS, Mr. Aguila, in addition to being an exceptional chief legal officer for
the City, is familiar with the workings of every City department and possesses the
institutional history and intimate knowledge of the City's business and the policy
objectives the City Commission desires to achieve; and
WHEREAS, when Mr. Aguila advised the Mayor, the City Commissioners, and the
City Clerk of his interest in the position as Interim City Manager; he advised that he would
only accept the position if the ultimate vote of the City Commission to appoint him as
Interim City Manager was unanimous, and,further,that once the permanent City Manager
is appointed, he be allowed to return to his permanent position as City Attorney, until the
end of his tenure in March 2022; and
WHEREAS, by virtue of the City Commission appointing Mr. Aguila as the Interim
City Manager, there must be an Acting City Attorney during Mr. Aguila's period of service
as the Interim City Manager; and
WHEREAS, at the December 9, 2020 City Commission meeting, Commissioner
Michael Gongora made a motion to appoint Mr. Aguila as the City's Interim City Manager,
and to appoint Deputy City Attorney Rafael Paz as the Acting City Attorney; and
WHEREAS, as part of the motion to appoint Mr. Aguila, the City Commission
directed that the Interim City Manager not make any personal changes among executive
in the City administration staff without prior consultation with the Mayor and City
Commission; and
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WHEREAS, once the appointments begin, the Interim City Manager and the Acting
City Attorney will report directly to the City Commission, with the Interim City Manager
exercising all powers of the City Manager, as chief executive officer for the City, under
-the City Charter and City Code; and the Acting City Attorney exercising all of the powers
and duties of the City Attorney, as chief legal officer for the City, under the City Charter
and City Code; and
WHEREAS, Commissioner Michael Gongora's motion was seconded by
Commissioner David Richardson, and the motion passed unanimously.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Commission hereby appoint City Attorney Raul J. Aguila as Interim City Manager until
such time as the City Commission appoints a permanent City Manager and the new City
Manager commences their term of employment, with the understanding that: (1) Mr.
Aguila will return to his permanent position as the City Attorney once the permanent City
Manager's employment term commences; and (2)the Interim City Manager will not make
any significant personnel changes among executive administrative staff without prior
consultation with the Mayor and City Commission; and also, appointing Deputy City
Attorney Rafael Paz as the Acting City Attorney during Mr. Aguila's period of service as
Interim City Manager, with the understanding that Mr. Paz will return to his position as
Deputy City Attorney once Mr. Aguila returns to his position as City Attorney.
PASSED and ADOPTED this 7 day of `I){cr" ". 2020
Dan Gelber, Mayor
ATTEST:
Rafael E. Gran do, City Cle k , ,,,,
os
IHCORP ORATED, ?
..:' APPROVED AS TO
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City Attorney Date
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