2008-3605 OrdinanceORDINANCE NO. 2008-3605
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 2 OF THE MIAMI BEACH CITY CODE, CREATING
DIVISION 12.5 THEREOF ENTITLED "AFFORDABLE HOUSING
ADVISORY COMMITTEE," SECTION 2-167 THEREOF
PROVIDING FOR SAID COMMITTEE'S POWERS AND DUTIES,
COMPOSITION AND MEMBERSHIP; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2 is hereby amended by the creation of
Division 12.5 entitled "Affordable Housing Advisory Committee," Section 2-167, to read as
follows:
DIVISION 12.5. AFFORDABLE HOUSING ADVISORY COMMITTEE.
Section 2-167. Established; Purpose; Powers and Duties; Composition.
a) Established. There is hereby established the Affordable Housing Advisory Committee,
whose purposes, power and duties, composition, membership qualifications and general
governing regulations are set forth in this Section.
b) Purpose. The Affordable Housing Advisory Committee is herein created pursuant to and
in accordance with Florida Statutes § 420.9076 requiring said Committee to triennially review
the established policies and procedures, ordinances, land development regulations, and adopted
local government comprehensive plan of the City of Miami Beach and to recommend specific
actions or initiatives to encourage or facilitate the development and/or retention of affordable
housing while protecting the ability of property to appreciate in value.
c) Powers and Duties. The powers and duties of the Affordable Housing Advisory
Committee, pursuant to Florida Statute § 420.9076, are to submit a report to the Miami Beach
City Commission that includes recommendations on, and triennially thereafter, evaluate the
implementation of, affordable housing incentives in the areas as set forth specifically within
Florida Statute § 420.9076(4)(a) - (k). The Advisory Committee's recommendations may also
include other affordable housing incentives identified by the Advisory Committee. The approval
by the Advisory Committee of its local housing incentive strategies recommendations and its
review of local government implementation of previously recommended strategies must be made
by affirmative vote of a majority of the membership of the Advisory Committee taken at a public
meeting. All remaining procedural requirements attendant to the Advisory Committee's
recommendations as set forth within Florida Statute § 420.9076 shall apply. The Advisory
Committee may perform other related duties at the request of the City Commission.
(d) Composition. The Affordable Housing Advisory Committee shall consist of 11 voting
members with two year terms. The members of the Affordable Housing Advisory Committee
shall be appointed at large by a majority vote of the Mayor and City Commission. The
Committee must include:
(1) One citizen who is actively engaged in the residential home
building industry in connection with affordable housing.
(2) One citizen who is actively engaged in the banking or
mortgage banking industry in connection with affordable housing.
(3) One citizen who is a representative of those areas of labor
actively engaged in home building in connection with affordable
housing.
(4) One citizen who is actively engaged as an advocate for
low-income persons in connection with affordable housing.
(5) One citizen who is actively engaged as a for-profit provider
of affordable housing.
(6) One citizen who is actively engaged as anot-for-profit
provider of affordable housing.
(7) One citizen who is actively engaged as a real estate
professional in connection with affordable housing.
(8) One citizen who actively serves on the local planning
agency pursuant to Florida Statute § 163.3174.
(9) One citizen who resides within the jurisdiction of the local
governing body making the appointments.
(10) One citizen who represents employers within the
jurisdiction.
(11) One citizen who represents essential services personnel, as
defined in the local housing assistance plan.
Members of the. Loan. Review Committee, Community Development Advisory Committee,
Planning Board and Miami'Beaeh Housing Authority, may be appointed to fill any of the above
11 categories and serve as ex-officio voting members on this 11 member Affordable Housing
Advisory Committeea If the City, due to the presence of a conflict of interest by prospective
appointees, or other reasonable factor, is unable to appoint a citizen actively engaged in these
activities in connection with affordable housing, a citizen engaged in the activity without regard
to affordable housing maybe appointed.
(e) Supporting Department. The supporting department of the Committee is Neighborhood
Services Department, Housing and Community Development Division.
~ ~ ~
Shaded language: as amended on Second Reading.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance maybe renumbered or
re-lettered to accomplish such intention, and the word "ordinance" maybe changed to "section,"
"Article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the 13th day of ..Tune
from the date of this Ordinance's adoption on second reading).
PASSED and ADOPTED this .14th day of May
ATTEST:
ROBERT PARCHER, CITY CLERK
2008.
2008 (30 days
MA R
Matti Herrera Bower
APPROVED AS TO
FORM & LANGUAGE
.~. & FOR EXECUTION
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COMMISSION ITEM SUMMARY
AnlOrdinance Amending Chapter 2 Of The Miami Beach City Code, Creating Division 12.5 Thereof
Entitled "Affordable Housing Advisory Committee"
Neighborhoods/Community Affairs Committee on April 30, 2008 reviewed the proposed ordinance and
approved a proposed amendment to permit members of the City's Loan Review and Community
Development Advisory Committees who meet the qualifications and have no conflicts of interest, to serve
as ex-officio voting members of this committee.
Ke Intended outcome su ortea:
Increase access to affordable housing.
Supporting Data (Surveys, Environmental Scan, etc.): Fifty-one percent of residents in the Community
Satisfaction Survey (2007) ranked housing for households earning less than $80,000 as something the
City should most ensure.
Issue:
Shall the City create an Affordable Housing Advisory Committee by June 30, 2008 as required by the
William E. Sadowski Affordable Housin Act?
Item Summa /Recommendation:
SECOND READING PUBLIC HEARING
In 2007, the Florida Legislature passed House Bill 1375 requiring cities and counties receiving SHIP funds
to appoint an Affordable Housing Advisory Committee (AHAC). Rule 67-37-010 (Local Affordable
Housing Advisory Committees and Incentive Strategies), that delineates the requirements of House Bill
1375, became effective February 21, 2008 and dictates that a county or eligible municipality which does
not have an established Affordable Housing Advisory Committee shall establish said committee and
appoint all required members by no later than June 30, 2008.
Membership to the Affordable Housing Advisory Committee must be comprised of eleven (11) different
categories associated with affordable housing, and must be appointed by June 30, 2008.
Due to the fact that the above statutorily-mandated requirements for membership on AHAC require citizens
affiliated with affordable housing to serve as members, in order to provide transparency and good
government and to avoid even the appearance of a conflict of interest, AHAC will be created as a separate
committee (rather than combining its duties with existing housing-related City committees). However, a
proposed amendment to the ordinance would allow the appointment of rhembers of the City's Loan Review
and Community Development Advisory Committees that meet the qualifications and do not have any
conflicts of interest. They would serve as voting, ex-officio members.
It is recommended that the Mayor and the City Commission adopt the ordinance as amended since first
readin .
Advisory Board Recommendation: _
Cin~nri~l Infn~m7tinn•
Source of Amount Account
Funds: 1 N/A
2
3
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Anna Parekh
Si n-Offs:
Department Director Assistant City Manager City Manager
AGENDA ITEM ~~
~ ~ ~ ~ ~ ~ ~ ~ DATE S~~ 'flS
m 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 ~,.~A/~~
DATE: May 14, 2008 SECOND READING
PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH
CITY CODE, CREATING DIVISION 12.5 THEREOF ENTITLED "AFFORDABLE
HOUSING ADVISORY COMMITTEE," SECTION 2-167 THEREOF PROVIDING
FOR SAID COMMITTEE'S POWERS AND DUTIES, COMPOSITION AND
MEMBERSHIP; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the ordinance.
BACKGROUND
In 1992, the William E. Sadowski Affordable Housing Act established the State Housing Initiatives
Partnership (SHIP) Program, which is administered by the Florida Housing Finance Agency (FHFA).
Program funds derive from set-aside allocations from documentary stamp levies on real estate
transactions.
Annually the City receives approximately $500,000.00 in SHIP funding. As per the City's last SHIP
allocation (FY 07/08), we have received a total of $6,147,853 in SHIP funding. In partnership with
Miami Beach Community Development Corporation (MBCDC), the City has assisted over 500
families through housing counseling, first time buyer and housing rehabilitation programs.
In 2007, the Florida Legislature passed House Bill 1375 requiring cities and counties receiving SHIP
funds to appoint an Affordable Housing Advisory Committee (AHAC). Rule 67-37-010 (Local
Affordable Housing Advisory Committees and Incentive Strategies) became effective February 21,
2008 and dictates that a county or eligible municipality which does not have an established
Affordable Housing Advisory Committee shall establish an said committee and appoint all required
members by June 30, 2008.
As required by House Bill 1357 the Committee must be comprised of the following:
1. One citizen who is actively engaged in the residential home building industry
in connection with affordable housing.
2. One citizen who is actively engaged in the banking or mortgage banking
industry in connection with affordable housing.
3. One citizen who is a representative of those areas of labor actively engaged in
home building in connection with affordable housing.
Commission Memorandum
Affordable Housing Advisory Committee 2007-2008
April 16, 2008
Page 2 of 2
4. One citizen who is actively engaged as an advocate for low-income persons in
connection with affordable housing.
5. One citizen who is actively engaged as afor-profit provider of affordable
housing.
6. One citizen who is actively engaged as anot-for-profit provider of affordable
housing.
7. One citizen who is actively engaged as a real estate professional in
connection with affordable housing.
8. One citizen who actively serves on the local planning agency pursuant to
Florida Statute § 163.3174.
9. One citizen who resides within the jurisdiction of the local governing body
making the appointments.
10. One citizen who represents employers within the jurisdiction.
11. One citizen who represents essential services personnel, as defined in the
local housing assistance plan.
The AHAC is statutorily required to engage in certain, specific activities. Namely, the advisory
committee must triennially review established policies and procedures, ordinances, land development
regulations, and the adopted local government comprehensive plan of the appointing local
government and recommend specific actions or initiatives. to encourage or facilitate affordable
housing, while protecting the ability of the property to appreciate in value. These recommendations
may include the modification or repeal of existing policies, procedures, ordinances, regulations, or
plan provisions; the creation of exceptions applicable to affordable housing; or the adoption of new
policies, procedures, regulations, ordinances, or plan provisions, including recommendations to
amend the local government comprehensive plan and corresponding regulations, ordinances, and
other policies. At a minimum, each advisory committee must also submit a report to the local
governing body that includes recommendations on, and triennially thereafter evaluates the
implementation of, affordable housing incentives.
Statutory requirements for this proposed ordinance provide fora 30 day effective date (from second
reading). Therefore, in order to meet the June 30, 2008 deadline date, the City Commission at its
May 14, 2008 meeting must approve on second reading this ordinance. Due to the fact that the
above statutorily-mandated requirements for membership on AHAC require citizens affiliated with
affordable housing to serve as members, in order to provide transparency and good government, and
to avoid even the appearance of a conflict of interest, AHAC will be created as a separate committee
(rather than combining its duties with existing housing-related City committees). However, the
ordinance has been amended since first reading to reflect that members from the Loan Review
Committee and Community Development Advisory Committee (CDAC) that meet the qualifications for
membership in the AHAC, and do not have any conflict of interest, can also be appointed voting, ex-
officio members of AHAC.
Accordingly, upon approval of this ordinance by the City Commission, a Resolution will be presented
to the City Commission by the June 30, 2008 deadline date, for purposes of appointing the eleven
(11) Committee members.
CONCLUSION
The administration recommends adopting the ordinance.
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T:~AG E N DA~2008Wpril 16\Reg u Iar~Affordable HousingComm itteeMemo.doc
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CITY OF MIAMI BEACH
- NOTICE OF .PUBLIC HEARINGS
NOTICE IS HEREBY given that a second reading and public hearings will: be held by 3tte-Mayor and City Commission of the City of Miami Beach, Florida, in the
/Commission Chambers, 3rd floor, City Ha11,.1700 Convention Center Dnve, Miami Beach; Florada,,on Wednesday, May 14, 2008, to consider the following:
,10:15 a.m.
An OrdinanceAmending Chapter 2 Of The Miamf Beach C'dy Code, Creating Anrision t2 5~The~eof Entitled "Affordable.Housing Advisory Committee,"-Section
2-167 Thereof Providing For Said Com'mittee's:Powers And: Dupes, Composition And Membership.
Inquiries may be;diracted to3he~Neighborhood Services_Departmerd at (305) 673-7077. ,.
10:30 a.m.
Ari Ordinance Amending Section 106-55(N) 0# The City Code, Entitled "Hybrid/ILE11(Inherently Low Emissions Vehicles) Vehicles Incentive," To Provide For
A Reduction Of The Cost Of The Hybrid Cdywrde Decal From $365.00 To $100.00 Per Year, An Increase In The Discount Afforded To Qual'rfying Vehicles
On Monthly Parking Permits In City Parkmg Facddres And For Residential Parking Permit Holders From 25% To 50%; And Providing ThatThe 500 Citywide
On-Street Parking Decals, Currently Available To Registered Hybrid/ILEV Vehicles On A First-Come, First Served Basis, Shall Also Be Honored At`Ciiy Owned
Surface Parking Lots (In Addition To On-Street Metered Spaces).
Inquiries may be directed to City Attorney's Office at (305) 673-7470.
-5:01 p.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts~And'Regu-
.lations," Division 11, "I-1 Light Industrial District," By Clanfyrng Purpose And Rermitted Uses; Amending Chapter 130, "Off-Street Parking," Article III, "Design
Standards," By Adding The I-1 Distract As A District Permitting Garages As A Main Use.
Inquiries may be directed to the Planning Department at (305) 673-7550.
INTERESTED PARTIES are invited to appear at this meeting, or be-represented-by an agent, onto express their views in writing addressed to the City Commis-
sion, c!o the City Clerk,1700 Convention Center Drive 1st Floor, C'dy Hall, Miami Beach, Florida 33139: Copies ofthese ordinances are available for public
inspection during normal business hours in the City Clerk's Office, 1700 Convention-Center Drive, l st Floor, Ciiy Hall and Miami Beach, Florida 33139. This
meeting may. be coMmued and under such circumstances add'~tional legal notice would not be.provided. -
- Robert E. Parcher, City Clerk
.City of Miami Beach
Pursuant to Section 286.01A5, Fla. StaL, 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 consthute consent by the C'dy for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor
does ft authorize challenges or appeals not otherwise allowed by law.
To requestxhis rrra_terial in-accessible format, sign language interpreters, information on access for persons wdh disabilities, and/or any acrA omr~q o~ntto~iew~ Yn~d~ e`me~ll
orp@Ricipateip e. .., -srstl prd®~dlp9, pieaeeoe<rfact (305)Y8t1~ 2i~), (306)673-7218ffTY)~ire;.i.. ~:n ~OJ!1-~ y ~
711 (Flonda Relay se). ~~ ~ ~ -`~
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