Loading...
HomeMy WebLinkAboutO-13967City of Miami 1 i.RR .I Legislation �a�lldl 1l+ Ordinance: 13967 File Number: 8586 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 2/25/2021 (4/5TH VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 2/ARTICLE XI/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY", TO INCLUDE REFERENCES TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE ("COMMITTEE"); FURTHER AMENDING CHAPTER 2/ARTICLE XI/DIVISION 8 OF THE CITY CODE, TITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/AFFORDABLE HOUSING ADVISORY COMMITTEE", BY ESTABLISHING THE COMMITTEE TO COMPLY WITH SECTION 420.9076, FLORIDA STATUTES, AND TO PARTICIPATE IN THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM; STATING THE COMMITTEE'S PURPOSE, POWERS, DUTIES, COMPOSITION, APPOINTMENT QUALIFICATIONS, AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING FOR OFFICERS, RULES OF PROCEDURE, MEETINGS, QUORUM, BUDGET, LEGAL AND STAFF SUPPORT, ASSIGNMENT OF PERSONNEL, WAIVERS, AND PUBLIC NOTICE; FURTHER AMENDING CHAPTER 2/ARTICLE XI/DIVISION 19 OF THE CITY CODE, TITLED "HOUSING AND COMMERCIAL LOAN COMMITTEE", TO REMOVE REFERENCE TO THE PURPOSES, FUNCTIONS, POWERS, AND DUTIES OF THE HOUSING AND COMMERCIAL LOAN COMMITTEE THAT WILL BE SUBSUMED BY THE COMMITTEE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, as a result of the adoption of Section 420.9076, Florida Statutes, by the Florida Legislature, it is necessary to establish the Affordable Housing Advisory Committee ("Committee") in order to continue to participate in the State Housing Initiative Partnership Program; and WHEREAS, Chapter 2/Article XI/Division 19 of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Housing and Commercial Loan Committee", needs to be amended as many of the purposes, functions, powers, and duties of Housing and Commercial Loan Committee ("HCLC") will now be subsumed by the Committee; and WHEREAS, HCLC was created by Resolution No. R-00-867 in response to findings and concerns identified by the United States Department of Housing and Urban Development's District Office of the Inspector General in its audit report dated March 26, 1998 regarding the City of Miami's ("City") loan underwriting procedures; and WHEREAS, pursuant to Section 166.041(3)(b), Florida Statutes, the City Commission finds that this emergency ordinance is necessary on the grounds of an urgent need for the City of Miami Page 1 of 10 File ID: 8586 (Revision: A) Printed On: 311712021 File ID: 8586 Enactment Number: 13967 continuity of services for City residents and for the preservation of health, safety, welfare, or property of the public; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Chapter 2/Article XI/Division 2 of the City Code is hereby amended in the following particulars:' "CHAPTER 2 ADMINISTRATION ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY Sec. 2-887. Quorum requirements; exceptions. (a) Except for those boards listed in subsection (b) hereinbelow, a quorum for all boards' meetings, shall consist of fifty percent (50%) plus one of the board's total membership. The decision of a majority of the board members present and voting at a meeting at which a quorum is present shall be the decision of the board. (b) The following boards are subject to quorum requirements as provided for elsewhere in this Code. Affordable Housing Advisory Committee Audit Advisory Committee Bayfront Park Management Trust Downtown Development Authority Equal Opportunity Advisory Board Mayor's Council on Global Competitiveness Miami Technology Council Miami Commission on the Status of Women Miami Forever Bond Program Citizens' Oversight Board Parks and Recreation Advisory Board Street Codesignation Review Committee Urban Development Review Board City of Miami Page 2 of 10 File ID: 8586 (Revision: A) Printed on: 311712021 File ID: 8586 Enactment Number: 13967 Section 3. Chapter 2/Article XI/Division 8 of the City Code is hereby amended in the following particulars:' "CHAPTER 2 ADMINISTRATION ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS DIVISION 8. QF=cF=RVF=D AFFORDABLE HOUSING ADVISORY COMMITTEE Sec. 2-1101. Establishment and Purpose. Pursuant to Section 420.9076, Florida Statutes, there is hereby created and established a board to be known as the "Affordable Housing Advisory Committee" ("Advisory Committee") for the following purposes: 1) To serve as the Advisory Committee required by the Florida State Housing Initiatives Partnership ("SHIP") Program; and (2) To provide oversight and ongoing recommendations on affordable housing issues. Sec. 2-1102. - Functions, Powers, and Duties Generally. The Advisory Committee is hereby authorized to: (1) Review the established policies, procedures, ordinances, land development regulations, and Miami Comprehensive Neighborhood Plan ("MCNP" of the City on an annual basis and recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The recommendations of the Advisory Committee 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 MCNP and corresponding regulations, ordinances, and other policies. At a minimum, the Advisory Committee shall submit an annual report to the City Commission and to the entity providing statewide training and technical assistance for the Affordable Housing Catalyst Program which includes recommendations on the implementation of affordable housing incentives in the following areas: (a) The processing of approvals of development orders or permits for affordable housing projects is expedited to a greater degree than other projects as provided in Section 163.3177(6)(f)(3), Florida Statutes; (b) All allowable fee waivers provided for the development or construction of affordable housing; (c) The allowance of flexibilitv in densities for affordable housina: City of Miami Page 3 of 10 File ID: 8586 (Revision: A) Printed on: 311712021 File ID: 8586 Enactment Number: 13967 (d) The reservation of infrastructure capacity for housing for very -low-income persons, low-income persons, and moderate -income persons; (e) Affordable accessory residential units; (f) The reduction of parking and setback requirements for affordable housing; (q) The allowance of flexible lot configurations, including zero -lot -line configurations for affordable housing; (h) The modification of street requirements for affordable housing; (i) The establishment of a process by which the City considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing; (0) The preparation of a printed inventory of locally owned public lands suitable for affordable housing; and (k) The support of development near transportation hubs and major employment centers and mixed -use develoaments. (2) The Advisory Committee's recommendations may also include other affordable housing incentives identified by the Advisory Committee. The Advisory Committee may perform other duties at the request of the City Commission, including: a) The Drovision of mentorina services to affordable housina Dartners includin developers, banking institutions, employers, and others to identify available incentives, assist with applications for funding requests, and develop partnerships between various parties; and (b) The creation of best practices for the development of affordable housing in the community. (3) The approval by the Advisory Committee of its local housing incentive strategies recommendations and its review of the City's 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 hearing. Notice of the time, date, and place of the public hearing of the Advisory Committee to adopt its evaluation and final local housing incentive strategies recommendations must be published in a newspaper of general circulation in Miami -Dade County. The notice must contain a short and concise summary of the evaluation and local housing incentives strategies recommendations to be considered by the Advisory Committee. The notice must state the Dublic Dlace where a coav of the evaluation and tentative Advisory Committee's recommendations can be obtained by interested Dersons. The final reaort. evaluation and recommendations shall be submitted to the Florida Housing Finance Corporation ("Corporation"). (4) Within ninety (90) days after the date of receipt of the evaluation and local housing incentive strategies recommendations from the Advisory Committee, the City Commission shall adopt an amendment to its local housinq assistance plan to incorporate the local housing incentive strategies to be implemented by the City. The amendment must include, at a minimum, the local housing incentive strategies required by Section 420.9071(16), Florida Statutes. The City Commission must consider the strategies specified in paragraphs (1)(a)-(k) above as recommended by the Advisory Committee. (5) The City shall notify the Corporation by certified mail of its adoption of an amendment of its local housing assistance plan to incorporate local housing incentive strategies, which shall include a copy of the approved amended plan. City of Miami Page 4 of 10 File ID: 8586 (Revision: A) Printed on: 311712021 File ID: 8586 Enactment Number: 13967 6) The City Commissioner serving on the Advisory Committee, or a locally elected desianee. must attend biannual reaional workshoas convened and administered under the Affordable Housing Catalyst Program as provided for in Section 420.531(2), Florida Statutes. Sec. 2-1103. - Governing Body - Composition and Appointments; Terms of Office and Vacancies; Membership Qualifications; Procedures for Appointment of Members Including the Public Advocate; Officers; Quorum and Voting; Meetings; and Attendance Requirements. (a) Governing Body -Composition and Appointments. The Advisory Committee shall consist of eleven (11) members. Pursuant to Section 420.9076, Florida Statutes, the Advisory Committee shall consist of one (1) City Commissioner serving in an ex officio capacity and the remaining ten (10) members shall be appointed by the City Commission with one (1) representative from at least (6) six of the categories below: (1) An individual who is actively engaged in the residential home building industry in connection with affordable housing. (2) An individual who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (3) An individual who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (4) An individual who is actively engaged as an advocate for low-income persons in connection with affordable housing. (5) An individual who is actively engaged as a for -profit provider of affordable housing. (6) An individual who is actively engaged as a not -for -profit provider of affordable housing. (7) An individual who is actively engaged as a real estate professional in connection with affordable housing. (8) An individual serving in an ex officio capacity who actively serves on the Local Planning Agency pursuant to Section 163.3174, Florida Statutes. (9) An individual who resides within the jurisdiction of the City. (10) An individual who represents employers within the City. (11) An individual who represents essential services personnel as defined in the local housing assistance plan. (b) Terms of Office and Vacancies. Members shall be appointed for a term of four (4) years. Except as hereinafter provided, the City Commission shall appoint an individual to fill a vacancy due to the death, resignation, or removal of any member of the Advisory Committee, which person shall serve only for the remainder of the unexpired term. A vacancy in the Chairperson shall be filled in the same manner as provided above for the appointment of those Advisory Committee members. Nothing set forth herein shall prohibit any individual from being reappointed subject to the provisions of Section 2-885 of the City Code. (c) Membership Qualifications. All Advisory Committee members shall be eighteen (18) years of age or older. Each member of the Advisory Committee shall be an individual of outstanding reputation for integrity, responsibility, and commitment to serving the community and is expected to participate actively in the functioning of the Advisory Committee. Except as provided in subsection (a)(1), members of the Advisory Committee shall not be required to be permanent residents of the City, own real property in the City, or work or maintain a business in the City. City of Miami Page 5 of 10 File ID: 8586 (Revision: A) Printed on: 311712021 File ID: 8586 Enactment Number: 13967 (d) Procedure for Appointment of Members. No appointment to the Advisory Committee shall be made until notice has been given in a newspaper of general circulation in the City of the appointments to be made at least fifteen (15) days prior to making the appointment, which notice shall have solicited and encouraged the public and organizations within the City having interest to submit names of persons and their qualifications for consideration. The qualifications of those to be considered as prospective members of the Advisory Committee, except for the Chairperson and the City Commissioner, shall be evaluated by the Department of Housing and Community Development. The Department of Housing and Community Development shall recommend appointees to the City Commission for final appointment, except for the Chairperson and the City Commissioner. (e) Officers. The Chairperson shall be nominated by the Mayor and appointed by City Commission. The Advisory Committee shall elect from its members a Vice -Chairperson and may designate a Secretary and such other officers as deemed necessary. The Chairperson of the Advisory Committee shall have the power to appoint all members serving on the various subcommittees which the Advisory Committee may establish from time to time. (f) Quorum and Voting. At all meetings of the Advisory Committee, a minimum of five (5) members shall constitute a quorum for the transaction of business and each member shall have one vote on every issue submitted to a vote of the Advisory Committee. The act of a majority of the members present at a meeting at which a quorum is present shall be the act of the Advisory Committee. The members of the Advisory Committee may make and adopt bvlaws and rules for the Advisory Committee's aovernance which much be filed with the Office of the City Clerk. (q) Meetings. The Advisory Committee shall hold meetings on an as -needed basis in the sole discretion of the Director of the Department of Housing and Community Development or his/her designee. All meetings of the Advisory Committee shall be public meetings. Written minutes of the aroceedinas of all actions taken at the meetinas of the Advisory Committee shall be properly recorded and maintained. (h) Attendance Requirements. (1) Any Advisory Committee member shall be automatically removed if: a. He or she is absent from three (3) consecutive meetings: or He or she is absent from four (4) of the Advisory Committee's meetinas: c. Provided that regardless of their compliance with subsections (1)a. and b., members must attend at least fifty percent (50%) of all the Advisory Committee meetings held during each calendar year. (2) A member of the Advisory Committee shall be deemed absent from a meeting when he or she is not present at the meeting at least seventy-five percent (75%) of its duration. (3) The provisions of this Section may be waived by a vote of the members of the Advisory Committee if, prior to removal for failing to meet the attendance requirements hereinabove, a member requests a waiver of the same providing the member's reasons supporting such request. (i) Members of the Advisory Committee may be removed with or without cause by a vote of not less than three (3) members of the City Commission. Following said removal, the City Commission shall fill the vacancy pursuant to subsection (b) above. Sec. 2-1104. - Staff Liaison: Assignment, Qualifications, General Powers, and Responsibilities. City of Miami Page 6 of 10 File ID: 8586 (Revision: A) Printed on: 311712021 File ID: 8586 Enactment Number: 13967 There shall be an individual or individuals who shall be specifically assigned to the Advisory Committee by the City Manager to facilitate the Advisory Committee's activities. The employee assigned by the City Manager shall act as the liaison to the Advisory Committee and the City's Administration and shall have general supervision over and be responsible for the management and operation of all Advisory Committee activities. The employee shall attend all meetings of the Advisory Committee and shall, from time to time, prepare and furnish such reports, audits, and other information relating to the duties of the Advisory Committee as may be requested by the Advisory Committee, the City's Administration, or the Department of Housing and Community Development. In the event that the employee is for any reason temporarily incapable of exercising the powers and performing the duties and assigned functions, the City Manager shall designate an employee to perform such functions and duties until such incapacity of the permanently assigned employee ceases. Sec. 2-1105. - Counsel. The City Attorney's Office shall provide legal counsel to the Advisory Committee as may be necessary and requested by the Advisory Committee. Sec. 2-1106. - Administrative Support Services. The Advisory Committee is hereby designated as a category "C" advisory committee as it relates to the administrative support services to be provided by the Office of the City Clerk. Sec. 2-1107. - Sunset Review of the Advisory Committee. Notwithstanding the provisions contained in Section 2-892 of the City Code, the Advisory Committee shall be initially reviewed in 2025. Thereafter, the Advisory Committee shall be reviewed every four (4) years. Sec. 2-1108. - Abolition of the Advisory Committee The City Commission may, by an affirmative four -fifths (4/5ths) vote, abolish the Advisory Committee, at which time the powers and duties of the Advisory Committee shall revert to the City. Sec 2-1109 — 1120. Reserved." Section 4. Chapter 2/Article XI/Division 19 of the City Code is hereby amended in the following particulars: "CHAPTER 2 ADMINISTRATION ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 7 of 10 File ID: 8586 (Revision: A) Printed on: 311712021 File ID: 8586 Enactment Number: 13967 DIVISION 19. HOUSING AND COMMERCIAL LOAN COMMITTEE. Sec. 2-1301. - Establishment and purpose. There is hereby created and established a board, to be known as the housing and commercial loan committee, for the following purposes: PFegFarni R4L1L Approving or disapproving housing and commercial loans and grants to be provided by the city through any funds administered by the department of Housing and community development; {4}2L Performing such other duties and responsibilities relative to affordable housing and small business development as may be set forth herein or incident thereto. Sec. 2-1302. - Functions, powers and duties generally. The housing and commercial loan committee is hereby authorized to: (1) Approve or disapprove housing and commercial loans and grants to be provided by the city through any funds administered by the department of Housing and community development. Those funds include, but are not limited to, the following: Community Development Block Grant ("CDBG"), HOME Investment Partnerships ("HOME"), Housing Opportunities for People with AIDS ("HOPWA"), Florida State Housing Initiatives Partnership ("SHIP"), and the Affordable Housing Trust Fund ("AHTF"). City of Miami Page 8 of 10 File ID: 8586 (Revision: A) Printed on: 311712021 File ID: 8586 Enactment Number: 13967 In addition to the authority granted to the housing and commercial loan committee in subsection (1) of this section 2-1302 to approve, disapprove and restructure housing and commercial loans and grants, the city manager is also authorized to approve or disapprove housing loans and grants, and subordination agreements, restructuring plans and repayment plans for loans and grants, provided under the city's single family rehabilitation and homebuyers financing programs. Sec. 2-1303. - Governing body -composition and appointments; terms of office and vacancies; membership qualifications; procedures for appointment of members including the public advocate; officers; quorum and voting; meetings; and attendance requirements. (d) Procedure for appointment of members. No appointment to the board shall be made until notice has been given in a newspaper of general circulation in the city of the appointments to be made at least 15 days prior to making the appointment, which notice shall have solicited and encouraged the public and citizen organizations within the city having interest to submit names of persons and their qualifications for consideration. The qualifications of those to be considered as prospective members of the board, except for the Chairperson, shall be evaluated by the dDepartment of Housing and eCommunity Development. The dDepartment of Housing and ECommunity e Development shall recommend appointees to the city commission for final appointment, except for the Chairperson. Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance should not be affected. Section 6. This Emergency Ordinance shall become effective immediately.2 2 This Emergency Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Emergency Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 9 of 10 File ID: 8586 (Revision: A) Printed on: 311712021 File ID: 8586 Enactment Number: 13967 APPROVED AS TO FORM AND CORRECTNESS: 1 Vft6ria-Vrdel, City Attor iey 3/16/2021 City of Miami Page 10 of 10 File ID: 8586 (Revision: A) Printed on: 311712021