97-22276 RESO
RESOLUTION NO. 97-22276
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING A
PUBLIC HEARING ON MARCH 5, 1997, TO CONSIDER
PUBLIC COMMENT, AS REQUIRED BY THE CITY'S CITIZEN
PARTICIPATION PLAN, REGARDING PROPOSED
AMENDMENTS TO THE CITY'S THREE-YEAR
CONSOLIDATED PLAN, AS ADOPTED ON JULY 26,1995,
AND THE FISCAL YEAR 1996-97 ONE-YEAR ACTION PLAN
COMPONENT OF THE CONSOLIDATED PLAN, AS
ADOPTED ON JULY 3, 1996; SAID PROPOSED
AMENDMENTS PERTAINING TO THE APPROVAL OF
SPECIAL NEEDS HOUSING ON A CASE-BY -CASE BASIS
AND TO THE FUNDING OF SINGLE ROOM OCCUPANCY
(SRO) UNITS; AND, PERTAINING TO THE HOME
INVESTMENT PARTNERSHIPS PROGRAM, REDUCING THE
PROPOSED NOTICE OF FUNDING AVAILABILITY (NOFA)
FROM $1,035,906 TO $285,906 AND INDICATING THAT THE
CITY INTENDS TO EXECUTE A HOME INVESTMENT
PARTNERSHIPS AGREEMENT WITH DOUGLAS GARDENS
COMMUNITY MENTAL HEALTH CENTER OF MIAMI BEACH,
INC., IN THE AMOUNT OF $750,000, FOR THE MAYFAIR
PROJECT; SPECIFICALLY, FOR THE ACQUISITION OF THE
PROPERTY AT 1960 PARK AVENUE, MIAMI BEACH.
WHEREAS, the Mayor and City Commission approved and adopted the Three-Yec r
Consolidated Plan on July 26, 1995; and
WHEREAS, the Mayor and City Commission approved and adopted a One- Yec r
Action Plan for FY 1996-97 on July 3, 1996; and
WHEREAS, on May 29, 1996, Douglas Gardens Community Mental Health CeltEr
of Miami Beach, Inc. filed a complaint with the U.S. Department of Housing and Urba.l
Development (HUD) styled Douglas Gardens Community Mental Health Center of Mian li
Beach. Inc. v. City of Miami Beach C.D.. et al.. HUD Case No. 04-96-0292-8 (Complaint II;
and
WHEREAS, in furtherance of settling the Complaint, the Administration, UPO'l
recommendation of the City Attorney and its special legal counsel, proposes that the te>:t
of the Three -Year Consolidated Plan for Federal Funds for Fiscal Years 1995/96, 199H1B7
and 1997/98 (Consolidated Plan) be amended as it pertains to the approval of Special
Needs Housing on a case-by-case basis, by removing the following language, "when ther e
is community support", from pages v, 6-17, and 7-55 therein; from City CommisBiol
Memorandum #645-95, page 3; and from any other applicable reference in th.~
Consolidated Plan pertaining to the requirement for "community support"; and
WHEREAS, the Administration also proposes to further amend the Consolidatej
Plan, as it pertains to the funding of single room occupancy (SRO) units, by removing th .~
following language, "No shelter or SRO units will be funded due to the substanticd
commitments in these areas made in previous years," from pages iv and v therein b{
removing similar language in City Commission Memorandum #645-95, page 3; b {
removing the language, "The Consolidated Plan modification proposed will not allow an {
additional shelters or SRO units in the future," as contained in City Commis~tio'
Memorandum #645-95, page 8; and by removing any other applicable reference in th~
Consolidated Plan pertaining to the funding of SRO units; and
WHEREAS, the Administration, also proposes to amend the text of the Fiscal Yee r
1996/97 One-Year Action Plan component of the Consolidated Plan, as it pertains to th .~
HOME Investment Partnerships Program, reducing the proposed Notice of Func:lin.~
Availability (NOFA), under Project Costs for Acquisition and Rehabilitation, fl'Ofl
$1,035,906 to $285,906, as regarding the NOFA to be issued by the City by the end (f
Fiscal Year 1996/97; and
WHEREAS, the aforestated proposed amendment shall also indicate that the Cit II
intends to execute a HOME Investment Partnerships Agreement with Douglas Gard:m;
Community Mental Health Center of Miami Beach, Inc., in the amount of $750,000, for th .~
Mayfair Project; specifically, for the acquisition of the property at 1960 Park Avenue, Mi3n ,i
Beach.
NOW THEREFORE, BE IT DULY RESOLVED by the Mayor and City Commisf,iol
of the City of Miami Beach, Florida, that a public hearing be held on March 5, 1997, in th.~
City Commission Chambers, Third Floor, 1700 Convention Center Drive, Miami Becl.ct ,
Florida, to consider public comment, as required by the City's Citizen Participation Plar ,
regarding proposed amendments to the City's Three-Year Consolidated Plan, as adopte,j
on July 26,1995, and the Fiscal Year 1996-97 One-Year Action Plan component ofth~
Consolidated Plan, as adopted on July 3, 1996; said proposed amendments pertaininn t,)
the approval of special needs housing on a case-by-case basis and to the funding of singl,.~
room occupancy (SRO) units; and, pertaining to the HOME Investment Partnership;
Program, reducing the proposed Notice of Funding Availability (NOFA) from $1 ,035,HOI)
to $285,906 and indicating that the City intends to execute a HOME Investmer t
Partnerships Agreement with Douglas Gardens Community Mental Health Center of Miani
Beach, Inc., in the amount of $750,000, for the Mayfair Project; specifically, for th~
acquisition of the property at 1960 Park Avenue, Miami Beach. Said public hearing sha I
begin at 1I:00At-t' and the City Clerk is hereby authorized and directed to publish appropr at,.~
public notice of the said public hearing in a newspaper of general circulation in the CitV c f
Miami Beach, at which time and place all interested parties will be heard.
R 0 Lu..l d-- P CiA ck
Robert Parcher, City Clerk
Approved and Adopted, this 5th day of Febr rY,1997.
Attest:
F:\DDHP\CH\RESO\CP _AMEND." ES
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1#CQy~~!{'
\- 30"'~,7
Date"
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. l., L, - q 1
Mayor Seymour Gelber and
Memben of the City Commission
DATE:
February 5, 1997
Jose Garcia-Pedrosa }J. Y
City Manager y ~
I
A RESOLUTION bF THE MAYOR AND CITY COMMISSION OF THE crn
OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC HEARING ON MARCH
5,1997, TO CONSIDER PUBLIC COMMENT, AS REQUIRED BY THE
CITY'S CITIZEN PARTICIPATION PLAN, REGARDING PROPOSED
AMENDMENTS TO THE CITY'S THREE-YEAR CONSOLIDATED PLA N,
AS ADOPTED ON JULY 26, 1995, AND THE FISCAL YEAR 1996-97 ON E-
YEAR ACTION PLAN COMPONENT OF THE CONSOLIDATED PLAN, AS
ADOPTED ON JULY 3, 1996; SAID PROPOSED AMENDMENTS
PERTAINING TO THE APPROVAL OF SPECIAL NEEDS HOUSING ON A
CASE-BY -CASE BASIS AND TO THE FUNDING OF SINGLE ROOM
OCCUPANCY (SRO) UNITS; AND, PERTAINING TO THE HOl\i'E
INVESTMENT PARTNERSHIPS PROGRAM, REDUCING THE PROPOSED
NOTICE OF FUNDING AVAILABILITY (NOFA) FROM $1,035,906 TO
$285,906 AND INDICATING THAT THE CITY INTENDS TO EXECUTE A
HOME INVESTMENT PARTNERSHIPS AGREEMENT WITH DOUGLJ'IS
GARDENS COMMUNITY MENTAL HEALTH CENTER OF MIAMI BEACH,
INC., IN THE AMOUNT OF $750,000, FOR THE MAYFAIR PROJECT;
SPECIFICALLY, FOR THE ACQUISITION OF THE PROPERTY AT 19GO
PARK AVENUE, MIAMI BEACH.
ADMINISTRATION RECOMMENDATION:
Approve the resolution.
BACKGROUND:
On January 22, 1997, the City Commission approved Resolution Number 97-22269,
agreeing to enter into a Conciliation Agreement with Douglas Gardens Community Men1al
Health Center of Miami Beach, Inc., in settlement of the lawsuit styled Douglas Gardens
Community Mental Health Center of Miami Beach. Inc. v. City of Miami Beach. C.D.. et cu..
HUD Case No. 04-96-0292-8. In accordance with the provisions of the Conciliation
Agreement, the City shall consider the adoption of a "Consolidated Plan 'Resolution" and
AGENDA ITEM C ri ~
"" C: I::) r;
DATE ~-. 1::.-t.--+-
a "Settlement Award Resolution" at the March 5, 1997 City Commission meeting. In orde r
to comply with these provisions of the Conciliation Agreement, the City must consider
amending the adopted Three-Year Consolidated Plan and the One-Year Action Pial
Component of the Consolidated Plan.
In accordance with the provisions of the Conciliation Agreement, the Mayor and Cit l
Commission shall consider amending the text of the Three -Year Consolidated Plan fe'
Federal Funds for Fiscal Years 1995/96,1996/97 and 1997/98 (Consolidated Plan), c:s t
pertains to the approval of Special Needs Housing on a case-by-case basis, by remo\l in!1
the following language, "when there is community support", from pages v, 6-17, and 7-5:i
therein; City Commission Memorandum #645-95, page 3; and any other applicablf!
reference in the Consolidated Plan pertaining to the requirement for "community support' ,
The Mayor and City Commission shall consider amending the Consolidated Plan, as it
pertains to the funding of single room occupancy (SRO) units, by removing the follow in! I
language, "No shelter or SRO units will be funded due to the substantial commitments ill
these areas made in previous years," from pages iv and v therein; similar language in Cit'
Commission Memorandum #645-95, page 3; the language, "The Consolidated Plall
modification proposed will not allow any additional shelters or SRO units in the future," a:,
contained in City Commission Memorandum #645-95, page 8; and any other applicablE'
reference in the Consolidated Plan pertaining to the funding of SRO units.
The Mayor and City Commission shall also consider amending the text of the Fiscal YI~a'
1996/97 One-Year Action Plan component of the Consolidated Plan, as it pertains to ':hE
HOME Investment Partnerships Program, reducing the proposed Notice of Fund in~
Availability (NOFA), under Project Costs for Acquisition and Rehabilitation, frl)n
$1,035,906 to $285,906, the NOFA to be issued by the City by the end of Fiscal YI~a'
1996/97. Further, this amendment shall indicate that the City intends to execute a HOME
Investment Partnerships Agreement with Douglas Gardens Community Mental HeClltt
Center of Miami Beach, Inc., in the amount of $750,000, for the Mayfair Project
specifically, for the acquisition of the property at 1960 Park Avenue, Miami Beach.
ANAL YSIS:
In accordance with U.S. Department of Housing and Urban Development (HUD
regulations at CFR 91-105 and CFR 91-505, and the City's Citizen Participation Plan
revised and amended on April 5, 1995, an amendment to the Consolidated Plan and/o
the One-year Action Plan component of the Consolidated Plan requires that a 30-c1a)
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 proposed amendment.
A Notice of Public Comment Period was advertised on January 30, 1997, for commel1t~
to be accepted until March 3, 1997. The first required public hearing will be held by the
Economic and Community Development Division of the Development, Design and Historic
Preservation Department on February 11, 1997, at 6:00 p.m., in the First Floor Conference
Room at City Hall.
The attached resolution requests that the required second public hearing be held by thE!
Mayor and City Commission at the March 5, 1997 City Commission meeting, at a timE!
certain to be determined by the Mayor and City Commission.
CONCLUSION:
The Administration recommends that the Mayor and City Commission approve ::hE
attached Resolution calling a public hearing on March 5, 1997, to consider public commE!nt
as required by the City's Citizen Participation Plan, regarding proposed amendments to thE
City's Three-year Consolidated Plan, as adopted on July 26, 1995, and the Fiscal YE~al
1996-97 One-Year Action Plan Component of the Consolidated Plan, as adopted on J JI)
3, 1996; said proposed amendments pertaining to the approval of special needs housin~
on a case-by-case basis and to the funding of single room occupancy (SRO) units; and
pertaining to the HOME Investment Partnerships Program, reducing the proposed Not CE
of Funding Availability (NOFA) from $1,035,906 to $285,906 and indicating that the City
intends to execute a HOME Investment Partnerships Agreement with Douglas Garden~
Community Mental Health Center of Miami Beach, Inc., in the amount of $750,000, for the
Mayfair Project; specifically, for the acquisition of the property at 1960 Park Avenue, Miam
Beach.
c~
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JGP/HSM/MDC/CAH
F:\DDHP\CH\RESO\CP _AMEND.MEM