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HomeMy WebLinkAboutPre-LegislationJ-00-798 9/28/00 RESOLUTION NO. 00867 - 6 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RESCINDING RESOLUTION NOS. 98-580 AND \00-418 IN THEIR ENTIRETY, THEREBY ABOLISHING THE HOUSING LOAN COMMITTEE; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO ESTABLISH AN ELEVEN (11) MEMBER HOUSING AND COMMERCIAL LOAN COMMITTEE TO APPROVE/DISAPPROVE CERTAIN HOUSING AND COMMERCIAL LOANS AND/OR GRANTS TO BE PROVIDED BY THE CITY OF MIAMI THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG"), HOME INVESTMENT PARTNERSHIP ("HOME") AND STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAMS; GRANTING AUTHORITY TO THE HOUSING AND COMMERCIAL LOAN COMMITTEE TO APPROVE/DISAPPROVE LOAN APPLICATIONS FOR FUNDING OF AFFORDABLE HOUSING,. PROJECTS AND COMMERCIAL (BUSINESS) PROJECTS AND RELATED TRANSACTIONS, INCLUDING, BUT NOT LIMITED TO, SUBORDINATION AGREEMENTS, LOAN RESTRUCTURING PLANS AND/OR LOAN REPAYMENT PLANS FOR AFFORDABLE HOUSING PROJECTS AND COMMERCIAL LOANS IN THE CITY'S LOAN PORTFOLIO; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPROVE/DISAPPROVE SPECIFIC HOUSING LOANS PROVIDED BY THE CITY THROUGH THE CITY'S CDBG FUNDED SINGLE FAMILY REHABILITATION PROGRAM AND SHIP FUNDED SINGLE FAMILY REHABILITATION AND HOMEBUYERS FINANCING PROGRAM; DIRECTING THE CITY MANAGER TO PRESENT EACH APPROVED -- -LOANTOTHE STATE-_ OF FLORIDA FINANCIAL EMERGENCY OVERSIGHT BOARD FOR REVIEW AND FINAL APPROVAL; AND APPROVING THE CITY OF MIAMI LENDING POLICY GUIDELINES, ATTACHED HERETO AND MADE A PART HEREOF, TO IMPLEMENT THE COMMERCIAL LOAN PROGRAM.. AMTM ME ' (To) CONTAINED )�,. is 0 .., CITY COI!ISSIOE METING OF SOU 2 8 2000 CTOr" WHEREAS, Resolution No. 98-580, adopted June 9, 1998, authorized and directed the City Manager to appoint a seven (7) member Housing Loan Committee for the purpose of recommending approval/disapproval of loans and/or grants provided by the City of Miami (the "City") through its Community Development Block Grant ("CDBG") funded Single Family and Multifamily Rehabilitation Programs, Home Investment Partnership Program ("HOME"), and the State Housing Initiatives Partnership Programs ("SHIP"), in response to findings and concerns identified by the U.S. Department of Housing and Urban Development's District Office of the Inspector General ("OIG") in its Audit Report dated March 26, 1998, regarding the City's loan underwriting procedures; and WHEREAS, the composition of the Committee, approved pursuant to Resolution No. 98-580, was comprised of a Chairperson appointed by the Mayor, four (4) representatives from the private sector with real estate lending and/or affordable housing development experience and three (3) representatives from the City Administration; and WHEREAS, at its meeting of September 28, 1999, with the adoption of Resolution No. 99-705, the City Commission approved Page,2 of 8 00- 867 a modification to the. City of Miami Local Housing Assistance Plan for the SHIP Program, which resulted in the expansion of the number of housing.assistance programs available to very low, low and moderate income families residing in the City of Miami; and WHEREAS, since October 1999, with the establishment of the Homebuyers Financing and Single Family Rehabilitation Programs, which provide a maximum of up to $40,000 in financial assistance to eligible households for the purchase of a home or the rehabilitation of an existing home, respectively, the City has experienced a substantial increase and demand from potential homebuyers and current homeowners for financial assistance; and WHEREAS, pursuant to Motion-99-976, adopted December 14, 1999, the City Commission authorized and directing the City Manager and the City Attorney to proceed with the termination or winding down of the agreement with Miami Capital Development, Inc. and obtain the loan portfolio from said entity; and WHEREAS, subsequently, Resolution No. 98-580 was amended by the adoption of Resolution No. 00-418 on May 11, 2000, to change the designation of individuals to be appointed as members of the City Housing Loan Committee by (1) eliminating the appointment Page 3 of 8 00- 867 of an individual representing Miami Capital Development, Inc., (2) providing for the appointment of a third member with private real estate lending experience, and (3) providing for the City Manager's appointment of individuals from the Departments of Planning and Zoning and Real Estate and Economic Development as eligible members of said Committee; and WHEREAS, pursuant to. Resolution No. 00-413, adopted May 11., 2000, the City Commission designated the Little Haiti Credit Union and Latin Chamber of Commerce (CAMACOL) as the administrative entities to assist the City in its efforts to reestablish a Commercial Loan Program that creates a public/private partnership to stimulate business development and growth in the City; and WHEREAS, pursuant to Resolution No. 00-755, adopted September 14, 2000, the.City Commission designated the Tacolcy Economic Development Corporation, Inc. as an administrative entity to assist the City in its efforts to reestablish a Commercial Loan Program that creates a public/private partnership to stimulate business development and growth in the City; and Page 4 of 8 00- 8'6 WHEREAS, presently the Department of Community Development is responsible for servicing the loan portfolio previously originated and managed by Miami Capital Development, Inc.; and WHEREAS, the City Commission directed the Administration to develop guidelines for the Commercial Loan Program; and WHEREAS, in an effort to be more responsive to the residents of the City, is recommended that the City Commission grant authority to the City Manager or his designee to approve/disapprove specific housing loans provided by the City through the CDBG and SHIP funded Single Family Rehabilitation and Homebuyers Financing Programs and to establish a Housing and Commercial Loan Committee consisting of eleven (11) members and further directed the Administration to develop guidelines for the Commercial Loan Program; and WHEREAS, to accomplish the foregoing, it is in order for the City Commission to rescind Resolution Nos. 98-580 and 00-418, in their entirety, to• abolish the existing Housing Loan Committee, and repl.ace•same with a newly established Housing and Commercial Loan Committee; and Page 5 of 8 00- 867 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference and incorporated as if fully set forth in this Section. Section 2, Resolution No. 98-580, adopted June 9, 1998, and Resolution No. 00-418, adopted May 11, 2000, are hereby rescinded in their entirety, thereby abolishing the Housing Loan Committee created pursuant to said Resolutions. Section 3. The City Manager is hereby authorized and directed to establish an eleven (11) member Housing and Commercial Loan Committee to approve/disapprove certain housing and commercial loans and/or grants to be provided by the City through the CDBG, HOME and SHIP Programs which shall be comprised as follows: (a) the Chairperson appointed by the Mayor; (b) one (1) member housing provider; who is an active affordable (c) three (3) members with private real estate lending experience; (d) three (3) members with experience; and private commercial lending Page 6 of 8 00 8137 • • (e) three (3) members appointed by the City Manager from the City Administration. Section 4. Except as provided in Section 5 herein, the City of Miami Housing and Commercial Loan Committee is hereby granted the authority to approve or disapprove all loan applications for funding of affordable housing projects and commercial (business) projects and related transactions .including, but not limited to, subordination agreements, loan restructuring plans and/or loan repayment plans in the City's loan portfolio. Section 5. The City Manager or his designee is hereby authorized to approve or disapprove specific housing loans provided by the City through the City's CDBG funded Single Family Rehabilitation Program (one to four units) in an amount not to exceed $80,000 per transaction, and SHIP funded Single Family Rehabilitation and Homebuyers Financing Programs in an amount not to exceed $40,000 per transaction. Section 6. The City Manager is hereby directed to present each approved loan transaction to the State of Florida Financial Emergency Oversight Board for review and final approval. Page 7 of 8 O0- 867 • Section 7. The City of Miami. Lending Policy Guidelines, attached hereto and made a part hereof, to implement the Commercial Loan Program are hereby approved. Section 8. This Resolution shall become effective immediately upon its adoption and signature.of the Mayor.1/ PASSED AND ADOPTED this 28th, day of September , 2000. JOE CAROLLO, MAYOR or did not indicate approval of In accordance with Miami Code Sec. 2m36, since the May fi , e uo�1 legislation by signing it in the' designated : acempro date f Commi ltltic nvo this m ,v�, from becomes effective with the elapse cf ten ('� )A f ve Same, without the :' �yor esx rci4 r' regarding ATTEST: WALTER J. FOEMAN, CITY CLERK APPROVED FOR ND CORRECTNESS ILA""ELLO TTORNEY 682:DF':IT:BSS ty Cler 1J ' If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 8 of 8 • • CITY OF MIAMI LENDING POLICY GUIDELINES A City of Miami Commercial Loan can only be approved to assist an identifiable small business concern (SBC) in accomplishing a sound business purpose. Whether the SBC is a proprietorship, partnership or corporation is not paramount to the• eligibility determination. Eligible and Ineligible Small Business Concerns For purposes of a Revolving Loan Fund (RLF) loan, a business may qualify for consideration provided it meets the following criteria: 1. Business is located or locating within the boundaries of the City of Miami 2. Business and/or Principals do not demonstrate the financial ability to obtain financing for the business with or without the participation of Local, State or Federal Government, through their direct or guaranteed loan programs. 3. Business is an equal opportunity employer. 4 Business is not relocating jobs, except where the loan applicant is forced to relocate due to circumstances beyond their control (i.e. government intervention, building demolition, etc.). 5. Project involves no negative environmental impacts. 6. Project impacts an adequate number of jobs (as defined by 24 CFR 209 (b)(1)(i)) to be created and/or retained. 7. Potential for jobs created are to be filled by City of Miami residents wherever possible. A First Source Hiring Agreement with the City of Miami will be required. 8. The business' ability to repay the loan. 00- 867 1 DPNIAL OF LOANS Loans will generally be denied for the following reasons: 1. If the funds are otherwise available on reasonable terms (a) From the disposal at a fair price of assets not required by the applicant in the conduct of its business or not reasonably necessary to its potential growth, (b) Through the use of personal credit and/or resources of the owner, partners, management, or principal stockholders of the applicant, (c) From other Government agencies which provide credit specifically for the applicants' type of business, or (d) From other known sources of credit; 2. For unsatisfactory credit history during the last twelve (12) months. 3. If a bankruptcy was discharged less than twelve (12) months ago. 4. If the loan would be for the purpose of: (a) Paying off a creditor or creditors who are inadequately secured and are sustain a loss, (b) Providing funds for distribution or payment to owner, partners, or shareholder of the applicant, (c) Refunding a debt owed to'a company, or (d) Replenishing working capital funds previously used such purposes; (e) Paying of any tax lien or liability. 5. If the loan will provide any kind of property, intangible; of the applicant in a position to the small business investment for for free funds for speculation in real or personal, tangible 'or 6. If the applicant is a charitable institution or non-profit enterprise, except for cooperatives which carry on a business activity for the purpose of obtaining pecuniary benefit for their members in .the operations of their otherwise eligible small business concern; 7. If the applicant is a newspaper, book publishing company, magazine, or similar enterprise; 00- 8'p 8. If any of the.gross income of the applicant,, (or any of its principal owners) is derived from gambling activities, except for those small firms which obtain less than one third of their gross income from income or commission from the sale of official state lottery tickets under a state license; 9. If the purpose of the loan is to provide funds to an enterprise primarily engaged in the business of lending or investments or to any otherwise eligible enterprise for the purpose of financing investments not related or essential to the enterprise. 10. If the purpose of the loan is to finance the acquisition, construction, improvement, or operation of real property.. 11. If the effect of the granting of the financial assistance will be to encourage monopoly or will be inconsistent with the accepted standard of the American system of free competitive enterprise. 12. If the Applicant and/or its principals are in a default status with previous financial commitments to the City of Miami or are indebted to the City of Miami. 13. If the Applicant and/or its principals have been debarred from doing business with federal, state, county or local governments. 14. If the proceeds of- the loan will be used for moving an eligible business when the move is solely for the purposes of obtaining the benefits of borrowing from the RLF. MINIMUM AND MAXIMUM AMOUNTS LOANED 1. The minimum amount loaned will be $10,000.00 2. The maximum amount loaned for working. capital will $25,000.00 3. The maximum amount for the purchase of equipment will $35,000.00 be be 4. - The maximum combined loan amount shall not exceed $35,0000.00. 00- 86 7 TERMS Repayment term shall be as follows: a) Working Capital - Up to five (5) years b) Equipment - Up to the economic life of the assets involved, not to exceed the IRS depreciation limits (See IRS Instructions for Form 4562) and not longer than seven (7) years. INTEREST RATES The interest rates of the City"of Miami's RLF loans shall be per annum. EQUITY GOALS/REQUIREMENTS All loans shall be matched with the applicant's commercial loans participation. Matching requirements will be: 6 % O monies or other participation a) Existing Businesses - These are businesses having operating experience greater than 2 years. A minimum of 20 % of capital matching is required. b) Businesses Relocating into Economic Opportunity Zones - Existing businesses (as defined above) relocating into one of the Economic Opportunity Zones identified by the City of Miami in its Five Year Consolidated Plan, will be required to match at least 15 % of the capital requirement. JOBS CREATION OR RETENTION: All. loans will require a job created or retained for every $35,000.00, or parts thereof, loaned. There shall be a minimum requirement of one (1) low/moderately low-income job retained or created for a loan of less than $35,000.00. In the case of job retentions, the applicant. must identify why the borrowed funds are required to retain the job. All applicants will be required to execute a First Source Hiring Agreement with the City of Miami, stating that City of Miami residents will have a preference over all applicants for any jobs created as a result ,of the granting of the loan. 00- 867 OTHER CONSIDERATIONS: 1. Married applicants shall sign Unlimited Guaranties including their spouses, even if they are not part of the Company requesting the funds. 2. Collateral assignment of Life Insurance policies will be requested from every applicant's principal(s). The face amount of the policy shall be at least equal to the original loaned amount. No exceptions of this rule will be allowed. 3. Commercial Insurance Policies naming the City of Miami as loss payee in an amount of 120% of the loan amount shall be required .from every applicant, i.e. fire, loss income, liability, etc. All policies shall provide City with mandatory written' notices in cases cancellation or material change. of the of 4. In the cases of cooperation agreements involving banks or other institutions and the City of Miami, the City of Miami will have an equal standing as the other financial institutions as far as the collateral position of any and all real property or equipment pledge as security for the loan. 5. Loans for Equipment will require UCC filings. The City of Miami must be in the first security position on these assets. 6. Once the loan is closed, recipient may not pledge, transfer, hypothecate, encumbrance or dispose of any asset purchased in whole or in part with funds from the City of Miami, without the written approval from the City of Miami. 7. The City of Miami may impose late fees if the business does not pay on a timely manner. IN-HOUSE LOAN UNDERWRITING The Department of Community Development (DCD) will receive and underwrite all loan packages. The applicant shall submit an original and a copy of the entire loan package. All documents submitted, as part of a loan application will become property of the City of Miami. The following process will be followed: 1. All packages will be date and time stamped when received. 2.The package will be reviewed for completeness against the list of Documents and General Requirements shown on Attachment I. If any package is found to be incomplete, the agency that prepared the loan package will be sent a letter via fax indicating the missing item(s). A copy of the letter will be sent to the applicant. The agency submitting the loan package will be given five (5) working days to submit the missing item(s); if at the end of this period, the agency has not submitted the item(s), the entire package will be returned to the agency indicating that the application is closed. A copy of the letter returning the package will be sent to the applicant. It will be the agency's responsibility to obtain the missing items and to resubmit the package as a new application. 3. The Agency preparing the loan application will obtain the necessary credit reports and perform the underwriting tasks within a period of 30-days. 4. If DCD's underwriters agree with the loan request, DCD will prepare its recommendations for submission for the next feasible loan committee meeting. A copy of the recommendations will be given to the agency that submitted the loan package and to the applicant. 5. If DCD's underwriters do not agree with the loan package as presented, DCD . will prepare conclusions and / or recommendations to the agency and the applicant for their response. If the response from the applicant is not received within five (5) working days, the application will be closed. APPROVAL PROCESS The Loan Committee will review all applications for loans from the RLF. The Loan Committee can recommend approval or deny any loan application. If the Loan Committee. denies a loan application, the applicant and the agency that prepared the loan package will be advised in CO- 867 • writing with an explanation as to why the loan was denied. This will close the case file as far as the City of Miami is concerned. If the agency and the applicant rework the loan and wish to have it re -considered, it will be considered a new application. The applicant will have to submit a new application and package for the revised loan to be underwritten. If the Loan Committee approves the loan application, the loan is then forwarded to the State of Florida Financial Oversight Board for its approval. If the Oversight Board approves the loan, closing will take place within 10 workdays after the Oversight Board approval. APPLICATION FEE There will be a non-refundable application fee of $75.00. This Application Fee must accompany the loan package. The Application Fee will be dashed when the package is accepted for underwriting. SERVICING The City of Miami will service all loans made from the City's RLF. The City reserves the right to sell the loan or transfer the loan or the servicing of the loan at its discretion. Appendix I - Documents and General Requirements • Business Information 1. Business Loan Application. 2. Authorization for Services. 3. Business Financial Statements for the last two tax years. 4. Tax Returns (Federal Income Tax, State Income Tax, State Intangibles Tax, Property Tax) for the last two tax years. 5 Current Financial Statement of Business with supporting Bank Statements (not older than 90 days). 00 867 • • 6 Inventory of Fixtures and Equipment owned listing description, serial number, year purchased, condition and estimated current value. 7 History of Business including detailed with 3-Year Projections. Agency applicant with the loan package must and indicate concurrence with the submitted by the Applicant'. Business Plan assisting the review, modify Business Plan 8. Detailed Statement on use of Loan Proceeds. 9. Provide list of Fixtures and Equipment to be purchased accompanied by three (3) detailed quotations for each item listed. 10. Cash Flow Projections and impact .on Financial Statements reflecting infusion of loan proceeds. Agency assisting the applicant with the loan package must review, modify and indicate concurrence with the Cash Flow Projections submitted by the Applicant. 11. Copies of Pending Contract or Sales Orders and. pending Purchase Orders. 12. Copy of Lease or Letter of Intent to Lease executed by the landlord or legal representative. 13. Copies of Business Documents: .Partnership Agreements, Articles of Incorporations, current Certificate of Good Standing, current Fictitious Names Registry, etc. 14. Copy of the Business' Occupational License (as appropriate). current Certificate of Use, (City and County), State License 15. Employment, Compliance Form ,for Job Creation / Retention Goals. 16. First Hiring Source Agreement with the City of Miami. 17. Current (in forms specified by the City of Miami) and Projected Employee Data. 00- 867 18. Executed and undated IRS Forms 8821 - Tax ,Information Authorization and Form 4506 - Request for Transcript or Copy of Tax Form Personal Information 1. Completed Personal Financial Information Form (not older than 90 days). 2. Personal Income Tax Returns filed for the last two (2) years including: W-2, Schedule C for sole proprietorship, Form 1065 for partnerships and K-1s for S-corporation stockholders. 3.Personal Resume of principals of applicant. 4.Executed and undated IRS Form 8821 - Tax Information Authorization and Form 4506 - Request for Transcript or Copy of Tax Form. 5. If any of the principals has experienced any credit problems especially during the last twelve (12) months, a satisfactory explanation of these problems must be provided with the application. Other 1.Copy of Warranty Deeds of all Real Estate owned by Business and/or Guarantors and copy of closing statements evidencing original purchase. 2.,Evidence of Tax Assessment Values and any existing appraisals not older than 6 months. The appraiser must be State Certified and have at least'two years of having been licensed.- 3.Evidence of existing mortgage balances and copy corresponding mortgage documents. 4.Written evidence of updated insurance coverage on property owned. 00- 867 1. Commercial Lending Program Scope of Work for 'Participating Agencies Prepare and Complete all sections of the "Technical Assistance Intake Checklist" and the (Attachment I). Original document is to be kept by Agency in the Applicant's File. 2. If conclusion of Step 1 above is that applicant qualifies .to receive assistance, applicant should complete the "Technical Assistance Request for Assistance Form." (Attachment II). Original document is -to be kept by Agency in the Applicant's File. 3. Compile all required documents to prepare and complete the loan application. (Attachment III). Documents to be included in Loan Package and Submitted to the City of Miami for Loan Underwriting. 4. Prepare (or review, modify and endorse the applicant's) Business Plan and projections of the impact of the loan proceeds on business profitability. To be submitted to the City of Miami for Loan Underwriting. 5. Assist the business with the preparation of the, "Employment Compliance Form for Job Creation / Retention Goals" (Attachment IV). To be submitted to the City of Miami for Loan Underwriting. 6. Prepare an Executive Summary of the Loan Application explaining and justifying the approval of the loan. . To be submitted to the City of Miami for Loan Underwriting. 7. Submit the Loan Package to the City of Miami for Underwriting and Loan Approval. 8 Respond to the City Staff's request for missing documents or additional information that will enhance the likeliness of the loan being approved. 9. Participate in the presentation of the loan to the City's Loan Committee. 10. Work with applicant in revising the loan application and package if the City's Loan Committee issues a denial. 00- 867 11. Participate as advisor to applicant at the time the loan closing occurs. 12. Provide monthly monitoring of applicant's operations during the first (1st) year of the loan. Monitoring visits are intended to review the' borrower's utilization of the loan proceeds and to determine if, the business plan's objectives are being achieved. City of Miami staff may participate in these monitoring meetings. 13. Prepare and submit a report by the 5th (fifth) calendar day of the month following the visit communicating to the City of Miami the results of the monthly monitoring (See Attachment V). 14. Provide quarterly monitoring of applicant's operations during the second and subsequent years of the loan. City of Miami staff may participate in these monitoring meetings. 15. Prepare and submit a report by the 5th (fifth) calendar day of the month following the quarterly visit communicating to the City of Miami the results of the quarterly monitoring (See Attachment V). 16. On the anniversary of the loan, the agency will obtain copies of the business licenses, will keep these copies in the project file and advise the City of Miami, as part of its quarterly report that the business is 'operating with active licenses. The agency will make these available to City of Miami staff for review. 17. On an annual basis, the agency will solicit the Tax Returns filed by the business (Federal Income Tax, State Income Tax, State Intangibles Tax, Property Tax), will keep these copies in the project file and advise the City of Miami, as part of its quarterly report that the business has filed all the pertinent tax returns. The agency will make these available to City of Miami staff for review. The agency should review these returns and compare them to the information obtained during their quarterly monitoring meetings. 18. In the event of a loan default, the agency originating the loan must participate in the mitigation and/or recovery efforts. 867 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 20B TO : FROM : The Honorable Mayor and Members of the City Commission DATE: SUBJECT : REFERENCES: ENCLOSURES: SEP r g 2000 Establishment of Housing and Commercial Loan Committee and Commercial Loan Program Guidelines City Commission Agenda September 28, 2000 FILE : RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution rescinding Resolution Nos. 98-580 and 00-418, thereby abolishing the previously established Housing Loan Committee further authorizing and directing the City Manager to establish an eleven (11) member Housing and Commercial Loan Committee for the purpose of approving and disapproving specific housing and commercial loans and/or grants provided by the City through the Community Development Block Grant (CDBG), Home Investment Partnership (HOME) and State Housing Initiatives Partnership (SHIP) Programs. The proposed resolution further empowers the Committee to approve and disapprove subordination agreements, loan restructuring plans and loan repayment plans submitted by an applicant relative to the City's existing housing or commercial loan portfolio and grants authority to the City Manager or his designee to approve or disapprove specific housing loans provided by the City through the City's CDBG and SHIP funded Single Family Rehabilitation and Homebuyers Financing Programs. Finally, the proposed resolution provides guidelines to implement the Commercial Loan Program. BACKGROUND: The Department of Community Development has prepared legislation to accomplish the following objectives: • Rescinds previously approved legislation that established the Housing Loan Committee; • Establishes an eleven (11) member Housing and Commercial Loan Committee to consider housing and/or commercial loans and/or grants provided by the City through its CDBG, HOME and SHIP Programs; • Empowers the Housing and Commercial Loan Committee to approve and disapprove subordination agreements, loan restructuring plans and loan repayment plans submitted by an applicant relative to the City's existing housing or commercial loan portfolio and grants authority to the City Manager or his designee to approve or disapprove 00- 867 • specific housing loans provided by the City through the City's CDBG and SHIP funded Single Family Rehabilitation and Homebuyers Financing Programs; • Provides guidelines to implement the Commercial Loan Program. Housing and Commercial Loan Committee In June 1998, the City Conunission adopted Resolution No. 98-580 that authorized and directed the City Manager to appoint a seven (7) member Housing Loan Committee for the purpose of approving and disapproving loans and/or grants which are provided by the City of Miami through the City's Single Family and Multifamily Rehabilitation Programs, HOME and SHIP Programs. The creation of the Housing Loan Committee was initiated in response to findings and concerns identified in the City's loan underwriting procedures in the audit report issued by the Office of the Inspector General on the City's grants from the U.S. Department of Housing and Urban Development (HUD). The existing Housing Loan Committee includes a chairperson appointed by the Mayor, one (1) member who is an active affordable housing provider, three (3) members with private real estate lending experience and three (3) members appointed by the City Manager from the following Departments: • Community Development • Finance • Real Estate and Economic Development • Planning and Zoning • Public Works. At its meetings of November 30 and December 14, 1999, the City Commission did not approve the, continuation of the City's contract with Miami Capital Development, Inc. to administer a commercial loan program. As a result, the City,acting through the Department of Community Development, has assumed the responsibility of servicing the loan portfolio previously serviced by Miami Capital Development, Inc. Subsequently, the City Commission designated the Little Haiti Credit Union, Latin Chamber of Commerce (CAMACOL) and Tacolcy Economic Development Corporation to serve as the administrative entities to reestablish a Commercial Loan Program that fosters a public/private partnership to stimulate business development and growth in the City. To move forward with the reestablishment of a Commercial Loan Program, it is also 'necessary that the City put in place a loan committee charged with the responsibility of approving/disapproving new loan applications for housing and commercial projects and also proposals submitted for loan restructuring and repayment plans, and subordination of mortgage agreements pertaining to the City's existing loan portfolio. To accomplish this objective, the Administration recommends that the existing Housing Loan Committee be abolished and replaced by a joint Housing and Commercial Loan Committee. It is further recommended that the newly established joint loan committee be comprised of eleven (11) members and said membership will be as follows: 00- 867 • A Chairperson appointed by the Mayor • One (1) member who is an active affordable housing provider • Three (3) members from the private sector with experience in real estate lending • Three (3) members from the private sector with experience in commercial lending • Three (3) City representatives appointed by the City Manager. Under the revised guidelines, the City Manager has to flexibility to appoint City representatives at the Manager's discretion and is not restricted by the specific department heads identified in the legislation being -rescinded. The City Commission also approved Resolution No. 99-705 in September 1999 that modified the City's Local Housing Assistance Plan for implementation of its SHIP Program, which resulted in the expansion of the number of housing assistance programs available to very low, low and moderate income families residing in the City. Since the establishment of the SHIP funded Single Family Rehabilitation and Homebuyers Financing Programs in October 1999, which provide a maximum of up to $40,000 in financial assistance to eligible households for the rehabilitation of an existing home or purchase of a home in the City, the City has experienced a substantial increase and demand from both current homeowners and prospective homebuyers for financial assistance. The attached report highlights the number of cases that have been completed and cases pending. Since the inception of the City's Single Family Rehabilitation Program, applications submitted for home improvement or home purchase assistance have been historically approved by the Director of the Department of Community Development. With the creation of the Housing Loan Committee, the processing of applications has been hampered considerably due to problems inherent in the scheduling of meetings to insure a quorum of the members. Moreover, Resolution No. 98-580 requires that all applicants seeking financial assistance through the City's CDBG and SHIP funded Single Family Rehabilitation and Homebuyers Financing Programs also secure approval from the Housing Loan Committee, City Commission and State Financial Emergency Oversight Board. As you are aware; the Department of Community Development has undergone a significant reorganization in response to the HUD audit. As a part of the reorganization, a housing loan underwriting unit was created to improve the City's overall loan underwriting procedures. In an effort to streamline the process, be more responsive to the residents of the City and address the increasing number of applicants seeking financial assistance through the City's housing programs, the Administration recommends the City Manager or his designee be authorized to approve or disapprove housing loans provided through the City's SHIP funded Single Family Rehabilitation and Homebuyers Financing Program in an amount not to exceed $40,000 per transaction, and the CDBG funded Single Family Rehabilitation Program (1-4 units) in an amount not to exceed $80,000 per transaction. All transactions involving both housing and commercial loans other related loan transactions must be reviewed and approved by the State Financial Emergency Oversight Board. Commercial Loan Program Guidelines As previously stated, Miami Capital Development, Inc. (MCDI) has__ historically operated a Commercial Loan Program to assist local businesses and stimulate economic revitalization in the City 00- 867 of Miami. However, as a result of an intense monitoring review of the Agency,•in December 1999, the City severed its contractual relationship with MCDI. During City Commission deliberations relating to MCDI issues, it was agreed that an effective commercial loan program would be essential to serve as a catalyst to stimulate business growth and development to revitalize the City of Miami and create jobs for its citizens. It was further agreed that it would be critical that the standards of the lending institution reflect sound businessstandards and the City Commission designated the Little Haiti Credit Union, Latin Chamber of Commerce.(CAMACOL) and Tacolcy Economic Development Corporation to serve as the administrative entities to reestablish the Commercial. Loan Program The proposed resolution includes the guidelines (attachment to the resolution) to ,implement the. Commercial Loan Program. Under these guidelines, the (3) entities will be responsible for • " Processing loan applications, • Determining eligibility • •Development of Business Plans • Provision of Technical Assistance • Preparation of Loan Packages The following criteria are included in the restructured Commercial Loan Program: • Business must be located within the boundaries of the City of Miami • Business and/or Principals do not demonstrate the financial ability to obtain financing for the business with or without the participation of Local, State or Federal Government, through their direct or guaranteed loan programs. • Must be an existing Business that has greater than 2 years of operating experience. • Project impacts an adequate number of jobs (as defined by 24 CFR 209 (b)(1)(i)) to be created and/or retained. • Potential for jobs created are to be filled by City of Miami residents wherever possible. A First Source Hiring Agreement with the City of Miami will be required. • The business' ability to repay the loan. • The minimum amount loaned will be $10,000: • The maximum amount loaned for working capital will be $25,000. • The maximum amount for the purchase of equipment will be $35,000. • The maximum combined loan amount shall not.exceed $35,0000. • The interest rates of the City, of Miami's RLF loans shall be 6 %„per annum. As previously directed by the City Commission, the restructured Commercial Loan Programis not intended to assist new businesses. 'Start-up businesses may apply for assistance from Working Capital of Florida, an organization that currently receives CDBG support from the City of Miami to provide technical assistance and related services for new business start-ups. 8'6 7 • The Department of Community Development will be responsible for the full servicing of approved loans and all loan packages will be reviewed and approved by the Housing and Commercial Loan Committee and must be approved by the Financial Oversight. Board. In addition, all loan recipients must meet the national objectives of the CDBG Program and the Scope of Services for each loan package must specifically quantify the number of jobs to be created or retained as a result of the loan assistance provided by the City of Miami. Failure to satisfactorily address this criterion will result in immediate disapproval of the loan application. It is recommended that the City Commission approve the attached Resolution that: • Rescinds Resolution Nos. 98-580 and 00-481, thereby abolishing the previously established Housing Loan Committee • Authorizes and directs the City Manager to establish an eleven (11) member Housing and Commercial Loan Committee to approve and disapprove housing and commercial loans and/or grants provided by the City through the Community Development Block Grant (CDBG), Home Investment Partnership (HOME) and State Housing Initiatives Partnership (SHIP) Programs. • Empowers the Committee to approve and disapprove subordination agreements, loan restructuring plans and loan repayment plans submitted by an applicant relative to the City's existing housing or commercial loan portfolio and grants authority to the City Manager or his designee to approve or disapprove specific housing loans provided by the City through the City's CDBG and SHIP funded Single Family Rehabilitation and Homebuyers Financing Programs. • Provides guidelines to implement the Commercial Loan Program. DB/GCW%DF 00- 867 J-02-038 1/8/02 • RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 00-867, ADOPTED SEPTEMBER 28, 2000, WHICH ESTABLISHED THE HOUSING AND COMMERCIAL LOAN COMMITTEE ("COMMITTEE"), TO AUTHORIZE THE CITY MANAGER OR DESIGNEE TO APPROVE OR DISAPPROVE SUBORDINATION AGREEMENTS, LOAN RESTRUCTURING PLANS AND/OR LOAN REPAYMENT PLANS FOR SPECIFIC HOUSING LOANS AND GRANTS PROVIDED THROUGH THE CITY'S SINGLE FAMILY REHABILITATION AND HOMEBUYERS FINANCING PROGRAMS AND PROVIDING THAT ATTENDANCE OF FIVE MEMBERS OF THE HOUSING AND COMMERCIAL LOAN COMMITTEE SHALL CONSTITUTE A QUORUM FOR THE PURPOSE OF CONDUCTING A COMMITTEE MEETING. WHEREAS, Resolution No. 00-867, adopted September 28, 2000, authorized and directed the City Manager to establish an eleven -member Housing and Commercial Loan Committee to approve/disapprove certain housing and commercial loans and/or grants to be provided by the City through the CDBG, HOME and SHIP Programs; and WHEREAS, with the adoption of Resolution No. 00-867, the City Commission further granted authority to the Committee to approve or disapprove all loan applications for funding of affordable housing projects and commercial (business) projects ianir Ee. >O ,11A 1 n 2002 444010641*,, O2 - 4 and related transactions including, but not limited to, subordination agreements, loan restructuring plans and/or loan repayment plans in the City's loan portfolio; and WHEREAS, through the abovementioned legislation, the City Commission authorized and directed the City Manager or designee to approve or disapprove specific housing loans provided by the City through the City's CDBG funded Single Family Rehabilitation Program (one to four units) in an amount not to exceed $80,000 per transaction, and SHIP funded Single Family Rehabilitation and Homebuyers Financing Programs in an amount not to exceed $40,000 per transaction; and WHEREAS, at its meeting of September 28, 2001, the Housing and Commercial Loan Committee expressed concerns regarding the time sensitive nature of assisting homeowners seeking to refinance first mortgages on their respective residences; and WHEREAS, at its meeting of September 28, 2001, the Housing and Commercial Loan Committee directed the City Administration to seek City Commission approval of an amendment to Resolution No. 00-867, to delegate to the City Manager or designee authority to approve subordination agreements, in addition to authority to approve or disapprove loan restructuring and repayment plans for homeowners that have received financial assistance through the City's Single Family Rehabilitation and Homebuyers Financing Programs; and Page 2 of 5 02- 14 WHEREAS, at the same meeting, the Committee also directed the City Administration to seek City Commission approval to amend Resolution No. 00-867 to provide that the attendance of five members at a meeting would constitute a quorum; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Resolution No. 00-867, adopted September 2B, 2000, is amended in the following particulars:/ RESOLUTION NO. 00-867 * Section 3. The City Manager is hereby authorized and directed to establish an eleven (11) member Housing and Commercial Loan Committee to approve/disapprove certain housing and commercial loans and/or grants to be provided by the City through the CDBG, HOME and SHIP Programs which shall be comprised as follows: (a) the Chairperson appointed by the Mayor; (b) one (1) member who is an active affordable housing provider; 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. Page 3 of 5 (c) three (3) members with lending experience; (d) three (3) members with lending experience; and (e) • private real estate private commercial three (3) members appointed by the City Manager from the City Administration. Section 4. The attendance of five members of the Housing and Commercial Loan Committee shall constitute a quorum for the purpose of conducting a Committee meeting. Section 45. * Section 6. The City Manager or #i- designee is hereby authorized to approve or disapprove specific housing loans provided by the City through the City's CDI3G funded Single Family Rehabilitation Program (one to four units) in an amount not to exceed $80, 000 per transaction, and SHIP funded Single Family Rehabilitation and Homebuyers Financing Programs in an amount not to exceed $40,000 per transaction. Section 7. The City Manager or designee is authorized to approve or disapprove subordination agreements, loan restructuring plans and/or loan repayment plans for specific housing loans/grants provided by the City through the Single Family Rehabilitation and Homebuyers Financing Programs. Section 8. The City Manager is authorizedz" to execute the necessary documents, in a form acceptable to the City Attorney, for said purpose. Section 69. * The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. Page 4 of 5 Section 410. * Section -8-11. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor)! PASSED AND ADOPTED this 10th day of AT LTER EMAN CITY CLERK APPROVED AS TO FORM AND CORRECTNESS JANDRO VILA"ELLO Y ATTORNEY W5915:tr:LB:BSS January MANUEL A. DIA "'YOR 3i If the Mayor does not sign this Resolution, it shall become Effective at the end of ten calendar days from the date it was adopted and passed. If the Mayor vetoes this Resolution, it shall not become effective unless the City Commission overrides the veto. Page 5 of 5 J-03-701 9/4/03 03- 993 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 00-867, AS AMENDED BY RESOLUTION NO. 02-14, BY CHANGING THE COMPOSITION OF THE ELEVEN (11) MEMBER HOUSING AND COMMERCIAL LOAN COMMITTEE ("LOAN COMMITTEE") TO THE FOLLOWING: A CHAIRPERSON APPOINTED BY THE MAYOR, THREE (3) MEMBERS WITH BACKGROUNDS RELATED TO AFFORDABLE HOUSING DEVELOPMENT OR LENDING, TWO (2) MEMBERS WITH PRIVATE REAL ESTATE EXPERIENCE, ONE (1) MEMBER WITH PRIVATE REAL ESTATE LENDING EXPERIENCE, TWO (2) MEMBERS WITH PRIVATE COMMERCIAL BUSINESS EXPERIENCE, ONE (1) MEMBER WITH PRIVATE COMMERCIAL LENDING EXPERIENCE, AND ONE (1) MEMBER FROM THE CITY ADMINISTRATION APPOINTED BY THE CITY MANAGER; AUTHORIZING THE EXPANSION OF THE LOAN COMMITTEE'S FUNCTIONS TO INCLUDE THE APPROVAL OF AFFORDABLE HOUSING CONSTRUCTION GRANTS AND/OR LOANS TO BE PROVIDED, BY THE CITY THROUGH THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM. WHEREAS, Resolution No. 00-867, adopted September 28, 2000, as amended by Resolution No. 02-14, adopted January 10, 2002, authorized the establishment of an eleven (11) member Housing and Commercial Loan Committee ("Loan Committee") to approve/disapprove certain housing and commercial loans and/or CITY CC3M1ON MEETING C SP.P 1 1 2003 Resolution Aio. IC) 3— 993 grants to be provided by the City of Miami ("City") through the Community Development Block Grant, HOME Investment Partnerships and State Housing Initiatives Partnership Programs; and WHEREAS, Resolution No. 00-867, as amended by Resolution No. 02-14, established the composition of the eleven (11) member Loan Committee and directed each approved loan to be presented to the State of Florida Financial Emergency Oversight Board for review and final approval; and WHEREAS, the City Commission wishes to expand the Loan Committee's functions to include the approval of affordable housing construction grants and/or loans to be provided by the City through the Housing Opportunities for Persons With AIDS ("HOPWA") Program; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Resolution No. 00-867, as amended by Resolution No. 02-14, adopted January 10, 2002, is further Page 2 of 4 sj3— 993 amended in the following particulars:1/ "RESOLUTION NO. 00-867 * * * * Section 3. The City Manager is hereby authorized and directed to establish an eleven (11) member Housing and Commercial Loan Committee to approve/disapprove (1) certain housing and commercial loans and/or grants to be provided by the City through the CDBG, HOME and SHIP Programs, and (2) affordable housing construction loans and/or grants to be provided by the City funded by the HOPWA Program, which shall be comprised as follows: (a) the a Chairperson appointed by the Mayor; (b) provider three (3) members with backgrounds related to affordable housing development or lending; (c) three (3) two (2) members with private real estate experience; (d) three mcmbcro one (1) member with private real estate lending experience; (e) two (2) members with private commercial business experience; (ef) three mcmbero one (1) member with private commercial lending experience; and (-fa) three. one (1) members from the City Administration, appointed by the City Manager. Section 9. The City Manager io hereby directed to prcacnt each approved loan tranoac ie - the t--a —e-f Florida Financial Emergency Oversight Board for review and 3., 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. Page 3 of 4 0)3- 993 final approval . Section (109). Section (410). Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor./ PASSED AND ADOPTED this llthday of September ATTEST: PRISCILLA A. THOMPSON CITY CLERK APPROVED 0 ILARELLO CIT ATTORNEY W7438:tr:BSS CORRECTNESS :et-- , 2003. EL A. DIAZ, MAYOR V 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. Page 4 of 4 033- 993 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : FROM : The Honorable Mayor and mbers of e City ommissi O" ` y iola Manager DATE: SUBJECT: SEP - 3 2003 FILE : Changing Membership Structure & adding HOPWA housing to the Loan Committee REFERENCES : City Commission Agenda September 11, 2003 ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the change in the composition of the eleven -member Housing and Commercial Loan Committee (Loan Committee) to: one (1) Chairperson appointed by the Mayor, three (3) members with backgrounds related to affordable housing development, two (2) members with private real estate experience, one (1) member with private real estate lending experience, two (2) members with private commercial experience, one (1) member with private commercial lending experience, and one (1) member from the City Administration appointed by the City Manager; and authorizing the extension of the Loan Committee's function to include the approval / disapproval of affordable housing construction grants and loans to be provided by the City through the Housing Opportunities for Persons with AIDS (HOPWA) Program; and further releasing the City Manager from the obligation to present each loan approved by the Loan Committee for review and final approval to the State of Florida Financial Emergency Oversight Board, which was dissolved on December 18, 2001. BACKGROUND: Resolution No. 00-867, adopted September 28, 2000, authorized and directed the City Manager to establish an eleven -member Loan Committee to approve/ disapprove certain affordable housing and commercial loans and/or grants to be provided by the City of Miami, This Resolution established the composition of the Loan Committee as: • One (1) Chairperson, appointed by the Mayor • One (1) member who is an active affordable housing provider • Three (3) members with private real estate lending experience • Three (3) members with private commercial lending experience, and • Three (3) members from the City Administration, appointed by the City Manager. It has been recommended by Loan Committee members that its representation be changed to allow participation of both not -for -profit and for -profit developers. The following structure is recommended: • One (1) Chairperson, appointed by the Mayor, • Three (3) members with backgrounds related to affordable housing development, • Two (2) members with private real estate experience, • One (1) member with private real estate lending experience, 03- 993 • Two (2) members with private commercial experience, • One (1) member with private commercial lending experience, and • One (1) member from the City Administration, appointed by the City Manager. Resolution No. 00-867 also directed the City Manager to present each approved loan to the State of Florida Financial Emergency Oversight Board for review and final approval. On December 18, 2001, the Financial Oversight Board was dissolved. The Loan Committee was established to approve/disapprove certain housing and commercial loans and/or grants to be provided by the City of Miami through the Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) and State Housing Initiatives Partnership (SHIP) programs. The Administration has been presented proposals for affordable housing construction through the HOPWA program. It is recommended that the City Commission adopt the attached Resolution authorizing the change in the composition of the eleven -member Housing and Commercial Loan Committee (Loan Committee) to: one (1) Chairperson appointed by the Mayor, three (3) members with backgrounds related to affordable housing development, two (2) members with private real estate experience, one (1) member with private real estate lending experience, two (2) members with private commercial experience, one (1) member with private commercial lending experience, and one (1) member from the City Administration appointed by the City Manager; and authorizing the extension of the Loan Committee's function to include the approval / disapproval of affordable housing construction grants and loans to be provided by the City through the Housing Opportunities for Persons with AIDS (HOPWA) Program; and further releasing the City Manager from the obligation to present each loan approved by the Loan Committee for review and final approval to the State of Florida Financial Emergency Oversight Board, which was dissolved on December 18, 2001. The proposed Resolution does not have a budgetary impact on the General Fund. /111 LMH/BGR "93- 993 C'LE"RK'$ OFFICE J-00-798 , 9/28/00 TEL:305-858-1610 Feb 13'01 17:44 No.019 P.02 J•u 061 . 1) 0 RESOLUTION ND. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RE$CINDING RESOLUTION NOS. 98-580 AND 00-418 IN THEIR ENTIRETY, THEREBY ABOLISHING THE HOUSING LOAN • COMMITTEE; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO ESTABLISH AN ELEVEN (11) MEMBER HOUSING AND COMMERCIAL LOAN COMMITTEE TO APPROVE/DISAPPROVE CERTAIN HOUSING AND COMMERCIAL LOANS AND/OR GRANTS TO BE PROVIDED BY THE CITY OF MIAMI THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG"), HOME INVESTMENT PARTNERSHIP ("HOME") AND STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAMS; GRANTING AUTHORITY TO THE HOUSING AND COMMER COMMI LT E TO APPROVE/DISAPPROVE LOAN APPLICATIONS FOR FUNDING OF AFFORDABLE" HOUSING PROJECTS AND COMMERCIAL (BUSINESS) PROJECTS AND RELATED TRANSACTIONS, INCLUDING, BUT NOT LIMITED TO, SUBORDINATION AGREEMENTS, LOAN RESTRUCTURING PLANS AND/OR LOAN REPAYMENT PLANS FOR AFFORDABLE HOUSING PROJECTS AND COMMERCIAL LOANS IN THE CITY'S LOAN PORTFOLIO; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPROVE/DISAPPROVE SPECIFIC HOUSING LOANS PROVIDED BY THE CITY THROUGH THE CITY'S CDBG FUNDED SINGLE FAMILY REHABILITATION PROGRAM AND SHIP FUNDED SINGLE FAMILY REHABILITATION AND HOMEBUYERS FINANCING PROGRAM; DIRECTING THE CITY MANAGER TO PRESENT EACH APPROVED LOAN TO THE STATE OF FLORIDA FINANCIAL EMERGENCY OVERSIGHT BOARD FOR REVIEW AND FINAL APPROVAL; AND APPROVING THE CITY OF MIAMI LENDING POLI IDEI,TES, ATTACHED HERETO AND MADE A 'i"T HEREOF, TO IMPLEMENT THE COMMERCIAL LOAN PROGRAM. ATTACHMENT ($) CONTAINED J3- 993 CLERK'S OFFICE TEL:305-858-1610 Feb 13'01 17:44 No.019 P.03 WHEREAS, Resolution No. 98-580, adopted June 9, 1998, authorized and directed the City Manager to appoint a seven (7) member Housing Loan Committee for the purpose of recommending approval/disapproval of loans and/or grants provided by the City of Miami (the "City") through its Community Development Block Gr;✓. ("CDBG") funded Single Family and Multifamily Rehadilitation Programs, Home Investment Partnership Program ("HOME"), and the State Housing Initiatives Partnership Programs ("SHIP"), in response to findings and concerns identified by the U.S. Department of Housing and Urban Development's District Office of the Inspector General ("OIG") in its Audit Report dated March 26, 1998, regarding the City's loan underwriting procedures; and WHEREAS, the compoeit 'max Erie Committee, approved pursuant to Resolution No. '98-580, was comprised of a Chairperson appointed by the Mayor, four (4) representatives from the private sector with real estate lending and/or affordable housing development experience and three (3) representatives from the City Administration) and WHEREAS, at its meeting of September 28, 1999, with the adoption of Resolution No. 99-705, the City Commission apRroveg 9 3 CLERK'S OFFICE TEL:305-858-1610 Feb 13'01 17:45 No.019 P.04 a modification to the City of Miami Local Housing Assistance Plan for the SHIP Program, '" resulted in the expansion of the number of housing assistance programs available to very low, low and moderate income families residing in the City of Miami; and WHEREAS, since October 1999, with the establishment of the Homebuyers Financing and Single Family Rehabilitation Programs, which provide a maximum of up to $40,000 in financial assistance to eligible households for the purchase of a home or the rehabilitation of an existing home, respectively, the City has experienced a substantial increase and demand from potential homebuyere and current homeowners for financial assistance; and WHEREAS, pursuant to Motion-99-976, adopted December 14, 1999, the City Commission authorized and directing the City Manager and the City Attorney to proceed with the termination or winding down of the agreement with Miami Capital Development, Inc. and obtain the loan portfolio from said entity; and WHEREAS, subsequently, Reaglet4on 44q, 98-580 was amended by the adoption of Resolution No. 00.-418 on May 11, 2000, to change the designation of individuals to be appointed as members of the City Housing Loan Committee by (1) eliminating the appointment )3-- 993 Page 3 of 8 CLERK'S OFFICE TEL:305-858-161a Feb 13'01 17:45 No.019 P.05 • of an individual representing Miami Capital Development, Inc., (2) providing for the appointment of a third member with private real estate lending experience, and (3) providing for the City Manager's appointment of individuals from the Departments of Planning and Zoning and Real Estate and Economic Development as eligible members of said Committee; and WHEREAS, pursuant to Resolution No. 00-413, adopted May 11, 2000, the City Commission designated the Little Haiti Credit Union and Latin Chamber of Commerce (CAMACOL) ae the administrative entities to assist the City in its efforts to reestablish a Commercial Loan Program that creates a public/private partnership to stimulate business development and growth in the City; and WHEREAS, pursuant to Resolution No, 00-755, adopted September 14, 2000, the City- ssion designated the Tacolcy Economic Development Corporation, Inc. as an administrative entity to assist the City in its efforts to reestablish a Commercial Loan Program that creates a public/private partnership to stimulate business development and growth in the City; and 3- 993 Page 4 of 8 CLERK'S OFFICE TEL:305-858-1610 Feb 13'01 17:45 No.019 P.06 WHEREAS, presently the Department of Community Development is responsible for servicing the loan portfolio previously originated. and managed by Mia tal Development, Inc.; and WHEREAS, the City Commission directed the Administration to develop guidelines for the Commercial. Loan Program; and WHEREAS, in an effort to be more responsive to the residents of the City, it is recommended that the City Commission grant authority to the City Manager or his designee to approve/disapprove specific housing loans provided by the City through the CDEG and SHIP funded Single Family Rehabilitation and Homebuyers..' Financing, Programs and to establish a Housing and Commercial Loan Committee consisting of eleven (11) members and further directed the Administration to develop guidelines for the Commercial Loan Program; and WHEREAS, to accomplish the foregoing, it is in order for the City Commission to rescind Resolution Nos. 98-580 and 00-418, in their entirety, to abolish the existing Housing Loan Committee, and replace same with a newly established Housing and Commercial Loan Committee; and oagmb ",3- 993 Page 5 of 8 — +w CLERK'S OFFICE TEL:305-858-161 ,} Feb 13'01 17:46 No.019 P.07 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference and incorporated as if fully set forth in this Section. Section 2. Resolution .98-vp, adopted June 9, 1998, and Resolution No. 00-418, adapted May 11, 2000, are hereby rescinded in their entirety, thereby abolishing the Housing Loan Committee created pursuant to said Resolutions. Section 3. The City Manager is hereby authorized and directed to establish an eleven (11) member Housing and Commercial Loan Committee to approve/disapprove certain housing and commercial loans and/or grants to be provided by the City through the CDBG, HOME and SHIP Programs which shall be comprieed as follows: Caw (a) the Chairperson appointed by the Mayor; (b) one (1) member who is an active affordable housing provider; (c) three (3) members with private real estate lending experience; (d) three (3) members with private commercial lending experience; and ":l3- 993 • Page 6 of 8 CLERK'S OFFICE TEL:305-858-1610 Feb 13'01 17:46 No.019 P.08 (e) three (3) members appointed by the City Manager from the City Administration. Section 4. Except as provided in Section S herein, the City of Miami Housing and C dal 'oan Committee is hereby granted the authority to approve or disapprove all loan applications for funding of affordable housing projects and commercial (business) projects and related transactions including, but not limited to, subordination agreements, loan restructuring plans and/or loan repayment plans in the City's loan portfolio. Section 5. The City Manager or his designee is hereby authorized to approve or disapprove specific housing loans provided by the City throug th.e City's CDBG funded Single Family Rehabilitation Program (one to four units) in an amount not to exceed $80,000 per transaction, and SHIP funded Single Family Rehabilitation and Homebuyers Financing Programs in an amount not to exceed $40,000 per transaction. Section 6. The City Manager is hereby directed to present each approved loan transaction to the State of Florida Financial Emergency Oversight Board for review and final approval. - 03- 993 Page 7 of 8 CLERK'S OFFICE TEL :305-858-1610 Feb 13'01 17:47 No.019 P.09 Section 7. The City of Miami Lending Policy Guidelines, attached hereto and made a part hereof, to implement the Commercial Loan Program are hereby approved. Section 8. This Resolution shall become effective immediately upon its adoption and signature of the Mayon!" PASSED AND ADOPTED this 2Sth ATTEST: day .of September , 2000. JOE CAROLLO, MAYOR with Miami Code Sec, 2.36, since th In accordance this it In the des nated becomes effective with the of ton ( r 1, i9become same, without the . WALTER J. FOEMAN, CITY CLERIC APPRO .• FO^ • CORRECTNESS 682:DP:IT:ESS If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 3— 993 Page 8 of 8 JEB BUSH GOVERNOR December 14, 2001 OVERSIGHT BOARD 150 West Flagler Street. Suite 1815 Miami, Florida 33130 Phone (305) 347-5633 Fax (305) 371-3160 The Honorable Jeb Bush, Govemor State of Florida The Capitol, PL 05 Tallahassee, Florida 32399-0001 Dear Governor Bush: Attached is the Final Report of the Financial Oversight Board (FOB) for the City of Miami, we plan to adopt this report as our final action at our final meeting on December 18. This report outlines the work of the FOB over the past five years, successfully concluding the period for the FOB pursuant to the Intergovernmental Cooperation Agreement (ICA) with the City of Miami. The City's external auditors have provided affirmation that the City has ended each of the past five fiscal years with balanced operations. Pursuant to its' terms, the ICA terminates once the City has ended each of the past five fiscal years with balanced operations. No other financial emergency conditions have arisen concluding the terms of the ICA. Therefore, the FOB is dissolved with the end of the ICA. We do however recommend that you should not declare the financial emergency over pursuant to s. 218.504 F.S. until the external auditor has issued the FY 2000-01 audit, expected for release in March 2002. We would like to thank former Mayor Carollo and the City Commission as well as the City's staff for their dedicated effort to complying with the ICA. This process would not have been successful without their complete commitment to its terms and conditions. We appreciate the hard work of all past FOB members and the staff to the FOB, all of whom made significant contributions to the success of this process. Lastly, the FOB would like to thank you, Governor Bush for your continued support of this process over the past three years. Sincerely, Haeic Y lCI Maria Camila Levia, Chair Sharon Brown, Vice Chair Sheldon Schneider Lif Gabriel M. B stamante Maria Camila Leiv; Chairman Sharon BroWn Gabriel Bustamantc Reginald Clyne Sheldon Schneider 03- 993 V r A.k°V4 sue. 41.1 kv 41 .ss.1 • • •a.r... JEB BUSH GOVIBIW OA i STATE of FL OV0A ff cc of to obern r TALLAt4Assetr. FLoR[DA 32190,0001 The Honorable Manuel A. E iax Mayor, City of Miami 3500 Pan American Drive P. O. Box 330708 Miami, FL 33233-0708 www.ttgov.com 8g04d.7td8 060 .07-001 fax March 19, 2002 Dar Mayor Diaz,: MyP office has reviewed the Comprehensive Annual .Financial Report of the City of Miami for the fiscal year ending September 330.2001, and subrnitted to me pursuant to the final action of the Financial Oversight Bo rd. The Report confirms the City has irnplcme►4Eed an effective accounting and reporting system and has now eliminated the financial emergency conditions which previously existed. No new financial emergency conditions were identified by the independent auditor, K.PivIG. In accordance with F.S. 218,50., I hereby declare that the City of Miami is no loner in a State of financial emergency. I offer my sincere congratulations to the people of Miami, its elected leaders acid city employees for their hard work, dedication and commitment to resolving the financial emergency and re-establishing a system of sound financial management. .:idn 5 lla,;rcttSelctn'gyA=Wit17140w R:kasc LrIto 3.14-02' (est Sincerely, /7,440L+ Jeb Bush Go tnar's Meatoring initiative YE A MII!FITent. /I. A SIG Hts.r. 1-$30.::3.7 i [i K)3- 993 88 The Herald wrvvw.herald.com SATURDAY, AUGUST 30, 2003 City of Miami Department of Community Development The Miami City Commission will hold a Public Hearing to discuss issues relating to the Community Development Block Grant and other HUD Programs. tuesday,ROPtember 11, 2003, 3:00 P.M. City of Mimi Cononiesion Chamber 3500 Pan American Drive Miami, Florida r Federal regulations governing the City of Miami CDBG program requires that a participating jurisdiction provide citizens with reasonable notice of and an opportunity to comment on any amendments to the CDBG program. Additionally, the public is being advised of amendments to the CDBG funds program all of which amendments are indicated below: 1. Discussion and proposed resolution granting an extension from December 28, 2002 to January 9, 2003, to Palmetto Homes of Miami, Inc., to complete the construction of three (3) single family homes affordable to families and individuals of very low, low and moderate income on formerly city -owned parcels in the Model City neighborhood; stating the intention of the City Commission related to the date of conveyance of title to said parcels. 2. Discussion and proposed resolution doobtigating 28" Year Community Development Block Grant (CDBG) Funds in the amount of 531,000 from Saint John Bosco Church in District 3 and reallocating the funds to the City of Miami Department of Capital Improvement Projects to upgrade the air conditioning in the Manuel Artime Building, for improvement of energy efficiency, to be completed by September 30, 2004. 3. Discussion and proposed resolution transferring 28" Year Community Development Block Grant (CDBG) , Program Funds in the Public Services Category in District 5 of $9,138.81 from James E. Scott Community Association, Inc./Community Awareness Program to Word of Life Community Development Corporation for Public Services activities in District 5. 4. Discussion and proposed resolution authorizing the Change in the composition of the eleven (11) member Housing and Commercial Loan Committee to: one (1) chairperson appointed by the Mayor, three (3) members with backgrounds related to affordable housing development, two (2) members with private real estate experience, one (1) member with private real estate lending experience, two (2) members with private commercial experience, one (1) member with private commercial lending experience, and one (1) member from the City Administration appointed by the City Manager; and authorizing the extension of the loan Committee's function to include the approvaudisappraval of affordable housing construction grants and loans to be provided by the City through the Housing Opportunities for Persons with AIDS (HOPWA) Program; and further releasing the City Manager from the obligation to present each loan approved by the Loan Committee for review and final approval to the State of Florida financial Emergency Oversight Board, which was dissolved on December 18, 2001. 5. Discussion and proposed resolution authorizing a change in the properties to be purchased by MOVERS, Inc. with Housing Opportunities for Persons with AIDS (HOPWA) funds from properties adjacent to the Sugar Hill facility to properties in the area around the Sugar Hill facility; and further authorizing the expansion of the project to be developed on the properties from seventeen (17) housing units to no more than fifty-two (52) tong term housing units plus no more than ten (10) units of emergency transitional housing. 6. Discussion and proposed resolution authorizing the deobligation of 28" Year Community Development Block Grant (CO66) funds in the amount of S484,580.43 from the Section 108 Loan Guarantee Program and further reallocating said funds to the Housing Loan Recovery Fund for the purpose of protecting the City's Housing Loan Portfolio. 7. Discussion and proposed resolution allocating Community DevelopmentBlxk Grant (CDBG) funds from the previously approved District 5 Little Haiti Job Creation Pilot Project Set -Aside in the amount of S90,000 to Neptune and Son Restaurant and Beauty Shop, Corp. for the restaurant and 560,000 to Neptune and Son Restaurant and Beauty Shop, Corp. for the Beatty Parlor in the form of five (5) year deferred, forgivable loans with the provision that the funds be used to create and maintain new employment opportunities for residents of the Little Haiti neighborhood for a period of five (5) years, subject to submission of evidence of available financing to complete each project. Interested individuals are encouraged to attend this Public Hearing. The meeting site is accessible to the handicapped. (Ad No.11564) 93-- 993 City of Miami Legislation Resolution: R-04-0156 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04.00165 Final Action Date:3/11/2004 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE INCREASE IN THE NUMBER OF MEMBERS OF THE HOUSING AND COMMERCIAL LOAN COMMITTEE ("LOAN COMMITTEE") TO INCLUDE ONE REPRESENTATIVE OF THOSE AREAS OF LABOR ACTIVELY ENGAGED IN HOME BUILDING IN CONNECTION WITH AFFORDABLE HOUSING AND ONE MEMBER WHO ACTIVELY SERVES ON THE LOCAL PLANNING AGENCY TO ALLOW THE LOAN COMMITTEE TO ACT AS THE AFFORDABLE HOUSING ADVISORY COMMITTEE AS REQUIRED BY THE STATE HOUSING INITIATIVE PROGRAM. WHEREAS, the State of Florida State Housing Initiative Program ("SHIP") regulations (F.S. Chapter 420.9076) require that the governing board of a county or municipality shall appoint the members of the Affordable Housing Advisory Committee ("Advisory Committee") by resolution; and WHEREAS, the required composition of the Advisory Committee is as follows: (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 a not -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. (9) One citizen who resides within the jurisdiction of the local governing body making the appointments; and WHEREAS, the Commercial Loan Committee ("Loan Committee") membership structure is as follows: One (1) Chairperson, appointed by the Mayor, Three (3) members with backgrounds related to affordable housing development, Two (2) members with private real estate experience, One (1) member with private real estate lending experience, Two (2) members with private commercial experience, City of Miami Page 1 of 2 File Id: 04-00165 (Version: 1) Printed On: 11/2/2015 File Number: 04-00165 Enactment Number: R-04-0156 One (1) member with private commercial lending experience, and One (1) member from the City Administration, appointed by the City Manager; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORI DA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. An increase in the membership of the Loan Committee allowing it to serve as the City of Miami's Affordable Housing Advisory Committee as required by SHIP is authorized. Two (2) additional members appointed by the City Manager shall have the following qualifications: One (1) member representative of those areas of labor actively engaged in home building in connection with affordable housing; and One (1) member who actively serves on the local planning agency. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 04-00165 (Version: 1) Printed On: 11/2/2015 City 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; CONTAININGASEVERABILITY 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; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, City of Miami Page 1 of 7 File Id: 08-00978 (Version: 2) Printed On: 11/25/2015 File Number: 08-00978 Enactment Number: 13030 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 XI. 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} "Chapter 2 City of Miami Page 2 of 7 File Id: 08-00978 (Version: 2) Printed On: 11/25/2015 File Number: 08-00978 Enactment 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, disapprove and restructure 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 maiority 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 methods of fee payment for affordable housing: City of Miami Page 3 of 7 File Id: 08-00978 (Version: 2) Printed On: 11/25/2015 File Number: 08-00978 Enactment Number: 13030 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 fir 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; ang attendance requirements. f.al 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. (2) The following 3 members shall be appointed as follows: City of Miami Page 4 of 7 File Id: 08-00978 (Version: 2) Printed On: 11/25/201S File Number: 08-00978 Enactment Number: 13030 • 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; fill 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 inthe same manner. as provided above for the appointment of those Board members. Nothing set forth herein shall prohibit any individual from being reappointed, subiect 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. Procedure for appointment of members, No appointment to the Board shall be made Until notice has been given in a newspaper of general circujation in the City of the appointments to be made at least fifteen (16) 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 fpr 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, :10, 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 memberspresent 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. jg1 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. Q Attendance requirements. (1) Any Board member shall be automatically. removed if, in a given City of Miami Page 5 of 7 File Id: 08-00978 (Version: 2) Printed On: 11/25/2015 File Number: 08-00978 Enactment Number: 13030 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 faj inq 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 Adfninistrotion or the Community pevelopment 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. *11 Section 4. Resolutions Nos. 00-867, 02-14, 03-993 and 04-0156 are hereby rescinded in their 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 City of Miami Page 6of7 File Id: 08-00978 (Version: 2) Printed On: 11/25/2015 File Number.' 08-00978 Enactment Number; 13030 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 File Id: 08-00978 (Version: 2) Printed On: 11/25/2015