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HomeMy WebLinkAboutPre Legislation 7City of Miami Legislation Ordinance: 13030 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00978 Final Action Date:10/16/2008 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS," BY ESTABLISHING THE HOUSING AND COMMERCIAL LOAN COMMITTEE ("BOARD"), SETTING FORTH THE BOARD'S PURPOSE, POWERS AND DUTIES, PROVIDING FOR COMPOSITION AND APPOINTMENTS, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, OFFICERS, QUORUM AND VOTING, MEETINGS, ABOLISHMENT, LIAISON DESIGNATED BY THE CITY MANAGER, COUNSEL, AND PROVIDING FOR "SUNSET" REVIEW; MORE PARTICULARLY BY AMENDING SECTION 2-892 AND ADDING NEW DIVISION 19 TO ARTICLE XI OF CHAPTER 2 OF THE CITY CODE; RESCINDING RESOLUTIONS NOS. 00-867, 02-14, 03-993 AND 04-0156 IN THEIR ENTIRETY; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. 00-867, adopted September 28, 2000, the City Commission approved the establishment of a Housing and Commercial Loan Committee with authority to approve certain housing and commercial loans and/or grants to be to be provided by the City of Miami ("City") through various state and federal funding sources; and WHEREAS, the authority and composition of the Housing and Commercial Loan Committee was amended by the City Commission by Resolution No. 02-14, adopted January 10, 2002, Resolution No. 03-993, adopted September 11, 2002, and Resolution No. 04-0156, adopted March 11, 2005; and WHEREAS, pursuant to the requirements of the Florida State Housing Initiatives Partnership Program ("SHIP"), the City is required to establish an affordable housing advisory committee providing oversight and ongoing recommendations on affordable housing issues, including recommending monetary and nonmonetary incentives for affordable housing, and reviewing established policies and procedures, ordinances, land development regulations, and the comprehensive plan, in order to recommend specific actions or initiatives to encourage or facilitate affordable housing; and WHEREAS, the City Commission wishes to establish the Housing and Commercial Loan Committee ("Board") by Ordinance to function as the affordable housing advisory committee required by the SHIP Program, and to perform the other duties and responsibilities relative to affordable housing and small business development set forth herein; and WHEREAS, the Board shall receive its initial sunset review in the Year 2013, and every four years thereafter; City of Miami Page 1 of 7 Printed On: 10/21/2008 File Number 08-00978 Enactment Number. 13030 NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 2, Article XI, of the Code of the City of Miami, Florida, as amended ("City Code") is amended in the following particulars:(1} "Chapter 2 ADMINISTRATION * ARTICLE Xl. BOARDS, COMMITTEES, COMMISSIONS DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY * Sec. 2-892. "Sunset" review of boards. Commencing with the year 1995, each city board shall be reviewed in the following manner: (4) The following boards shall initially be reviewed in the following years and shall be reviewed every four years thereafter: * m. 2011: Reserved. n. 2012: Reserved. o. 2013: District 1 Housing Advisory Board Housing and Commercial Loan Committee * *11 Section 3. The City Code, is further amended by adding new Division 19 to Chapter 2 entitled "Administration," as follows:{1} City of Miami Page 2 of 7 Printed On: 10/21/2008 File Number. 08-00978 Enactment Number: 13030 "Chapter 2 ADMINISTRATION * ARTICLE Xl. BOARDS, COMMITTEES, COMMISSIONS DIVISION 19. HOUSING AND COMMERCIAL LOAN COMMITTEE * * * Sec. (To be determined). 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: (1) serving as the affordable housing advisory committee required by the Florida SHIP Program, (2) approving or disapproving housing and commercial loans and grants to be provided by the City of Miami through any funds administered by the Department of Community Development; (3) providing oversight and ongoing recommendations on affordable housing issues, and (4) performing such other duties and responsibilities relative to affordable housing and small business development as may be set forth herein or incident thereto. Sec. (To be determined). Functions, powers and duties generally. The Housing and Commercial Loan Committee is hereby authorized to: (a) Approve or disapprove housing and commercial loans and grants to be provided by the City of Miami through any funds administered by the Department of 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"). (b) Establish housing related and commercial loan policies. (c) Approve the local affordable housing incentive strategy recommendations by affirmative vote of a majority of the membership of the Board. (d) Triennially, review established policies, procedures, ordinances, land development regulations, and the adopted comprehensive plan and recommend, if necessary, specific actions or initiatives to encourage or facilitate affordable housing. (e) Triennially submit a report to the City Commission which includes recommendations and evaluates the implementation of affordable housing incentives in the following areas, if applicable: 1. Expediting the approval process for development permits for affordable housing to a greater degree than other projects; 2. Modification of impact -fee requirements, including reduction or waiver of fees and alternative City of Miami Page 3 of 7 Printed On: 10/21/2008 File Number 08-00978 Enactment Number: 13030 methods of fee payment for affordable housing; 3. The allowance of flexibility in densities for affordable housing; 4. The reservation of infrastructure capacity for housing for very -low-income persons, low-income persons, and moderate -income persons; 5. The allowance of affordable accessory residential units in residential zoning districts; 6. The reduction of parking and setback requirements for affordable housing; 7. The allowance of flexible lot configurations, including zero -lot -line configurations for affordable housing; 8. The modification of street requirements for affordable housing; 9. 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; 10. The preparation of a printed inventory of locally owned public lands suitable for affordable housing; 11. The support of development near transportation hubs and major employment centers and mixed -use developments; 12. Other affordable housing incentives identified by the Board. Sec. (To be determined). 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. Governing body -composition and appointments. The Board shall consist of thirteen (13) members. (1) The following 10 members shall be appointed by the City Commission: • One member who is actively engaged in the residential home building industry in connection with affordable housing; • One member who is actively engaged in the banking or mortgage banking industry in connection with affordable housing; • One member who is a representative of those areas of labor actively engaged in home building in connection with affordable housing; • One member who is actively engaged as an advocate for low-income persons in connection with affordable housing; • One member who is actively engaged as a for -profit provider of affordable housing; • One member who is actively engaged as a not -for -profit provider of affordable housing; • One member who is actively engaged as a real estate professional in connection with affordable housing; • One member who resides within the city limits of the city of Miami; • One member who represents employers within the city of Miami; and • One member who represents essential services personnel, as defined in the local housing assistance plan; If the city is unable to appoint a member actively engaged in these activities in connection with affordable housing, a member engaged in the activity without regard to affordable housing may be appointed. City of Miami Page 4 of 7 Printed On: 10/21/2008 File Number: 08-00978 Enactment Number: 13030 (2) The following 3 members shall be appointed as follows: • One chairperson nominated by the mayor and appointed by city commission; • Two members from city administration nominated by the city manager and appointed by city commission. One of these two members shall actively serve on the city's planning department. (b) Terms of office and vacancies. Members shall be appointed for a term of four 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 Board, which person shall serve only for the remainder of the unexpired term. A vacancy in the chairperson or any of the two members appointed from City administration shall be filled in the same manner as provided above for the appointment of those Board members. Nothing set forth herein shall prohibit any individual from being reappointed, subject to the provisions of Section 2-885 of this Code. (c) Membership qualifications. All Board members shall be 18 years of age or older. Each member of the Board 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 Board. Except as provided in subsection (a) (1) of this section, members of the Board 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. Lcn 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 fifteen (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 shall be evaluated by the Department of Community Development. The Department of Community Development shall recommend appointees to the City Commission for final appointment. (e) Officers. The chairperson shall be appointed by the Mayor. The Board shall elect from its members a vice -chairperson, and may designate a secretary and such other officers as deemed necessary. The chairperson of the Board shall have the power to appoint all members serving on the various committees which the Board may establish from time to time. if Quorum and voting. At all meetings of the Board, a minimum of five 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 Board. The act of a majority of the members present at a meeting at which a quorum is present shall be the act of the Board. The members of the Board may make and adopt bylaws and rules for the Board's governance. (g) Meetings. The Board shall hold regular monthly meetings, except in the month of August, and may hold such other meetings as it deems necessary. All meetings of the Board shall be public meetings. Written minutes of the proceedings of all actions taken at the meetings of the Board shall be properly recorded and maintained. City of Miami Page 5 of 7 Printed On: 10/21/2008 File Number: 08-00978 Enactment Number: 13030 fh.. Attendance requirements. (1) Any Board member shall be automatically removed if, in a given calendar year: (a) He or she is absent from three consecutive meetings; or (b) He or she is absent from four of the Board's meetings; (c) Provided that regardless of their compliance with subsections (1)(a) and (b) hereinabove, members must attend at least 50 percent of all the Board meetings held during each calendar year. .(2) A member of the Board shall be deemed absent from a meeting when he or she is not present at the meeting at least 75 percent of its duration. (3) The provisions of this section may be waived by a vote of the members of the Board 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. Sec. (To be determined). Staff Liaison; assignment, qualifications, general powers and responsibilities. There shall be an individual or individuals who shall be specifically assigned to the Board by the City Manager to facilitate its activities. The employee assigned by the City Manager shall act as the liaison to the Board and the Administration and shall have general supervision over and be responsible for the management and operation of all Board activities. The employee shall attend all meetings of the Board, and shall from time to time prepare and furnish such reports, audits and other information relating to the duties of the Board as may be requested by the Board, the Administration or the Community Development Department. 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. (To be determined). Counsel. The City Attorney's Office shall provide legal counsel to the Board as may be necessary and requested by the Board.Sec. (To be determined). Administrative Support Services. The Board is hereby designated as a Category "C" board as it relates to the administrative support services to be provided by the Office of the City Clerk. Sec. (To be determined). Sunset Review of the Board. Notwithstanding the provisions contained in Section 2-892 of this Code, the Board shall be initially reviewed in 2013. Thereafter the Board shall be reviewed every four years. Sec, (To be determined). Abolition of the Board. The City Commission may, by an affirmative four -fifths (4/5ths) vote, abolish the Board, at which time the powers and duties of the Board shall revert to the City. *II Section 4. Resolutions Nos. 00-867, 02-14, 03-993 and 04-0156 are hereby rescinded in their City of Miami Page 6 of 7 Printed On: 10/21/2008 File Number: 08-00978 Enactment Number: 13030 entirety, provided, however, that the members of the Housing and Commercial Loan Committee created and existing pursuant to such Resolutions shall continue to serve until such time as the members of the board established by this Ordinance have been appointed and qualified. Section 5. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 7. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.{2} Footnotes: {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. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this 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 7 of 7 Printed On: 10/21/2008