TITLE
RESOLUTION APPROVING AN AMENDMENT TO MIAMI BEACH CITY CENTER/HISTORIC CONVENTION VILLAGE COMMUNITY REDEVELOPMENT AND REVITALIZATION AREA PLAN RELATING TO REDEVELOPMENT OF CITY CENTER/HISTORIC CONVENTION VILLAGE REDEVELOPMENT AREA DESCRIBED GENERALLY AS BOUNDED ON EAST BY ATLANTIC OCEAN, ON NORTH BY 24TH STREET, ON WEST BY WEST AVENUE, AND ON THE SOUTH BY 14TH LANE; DELEGATING TO THE CITY OF MIAMI BEACH THE POWER TO IMPLEMENT COMMUNITY POLICING INNOVATIONS WITHIN THE CITY CENTER/HISTORIC CONVENTION VILLAGE REDEVELOPMENT AREA IN ACCORDANCE WITH THE APPROVED REDEVELOPMENT PLAN, AS MAY BE AMENDED FROM TIME TO TIME; AND APPROVING THE TERMS OF AND AUTHORIZING THE COUNTY MANAGER TO EXECUTE FIRST AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT BETWEEN COUNTY AND CITY OF MIAMI BEACH

BODY
WHEREAS, the Legislature of the State of Florida enacted the Community Redevelopment Act during its 1969 Legislative Session, which enactment is presently codified in the Florida Statutes as Part III of Chapter 163, Sections 163.330 through 163.450 (the "Act"); and

WHEREAS, the Act confers all redevelopment powers upon Counties with home rule charters and authorizes such counties to delegate the exercise of such powers within the boundaries of a municipality to the governing body of such municipality; and

WHEREAS, the Board of County Commissioners of Miami-Dade County, Florida (the "Board") adopted Resolution No. R.-14-93 on January 26, 1993, which among other things, declared the geographic area described generally as bounded by on the East by the Atlantic Ocean, on the North by 24th Street, on the West by West Avenue, and on the South by 14th Lane, such geographic area being more particularly described in the attached Exhibit "A" and sometimes referred to as the "City Center/Historic Convention Village Redevelopment and Revitalization Area" (the "Redevelopment Area") to be a blighted area and delegated to the Miami Beach City Commission (the "City Commission") authority to exercise certain redevelopment powers conferred upon the County within the Redevelopment Area in accordance with the Act to enable the City Commission to, among other things, exercise such delegated powers to carry out the community redevelopment purposes of the Act in the Redevelopment Area; and

WHEREAS, the City Commission adopted Resolution No. 93-20709 on February 3, 1993 which, among other things, made a finding of necessity as to the rehabilitation, conservation or redevelopment, or combination thereof, of such Redevelopment Area, declared the need to establish a community redevelopment agency, declared the members of the City Commission as the members of the community redevelopment agency, declared that the existing Miami Beach Community Redevelopment Agency (the "Agency") may act as the community redevelopment agency with full power to exercise all the powers permitted by the Act, which were delegated by the Board to the City Commission, and directed the initiation, preparation and adoption of a redevelopment plan by the Agency, all for the redevelopment of the Redevelopment Area; and

WHEREAS, the Agency adopted Resolution No. 128-93 on February 12, 1993 which, after making certain findings at a public hearing with respect thereto, approved the redevelopment plan and recommended the redevelopment plan for approval by the City Commission; and

WHEREAS, the City Commission adopted Resolution No. 93-20721 on February 12, 1993 which, after making certain findings at a duly advertised public hearing with respect thereto, approved and adopted a redevelopment plan and recommended final approval of the redevelopment plan by the Board; and

WHEREAS, on March 30, 1993, the Board adopted Resolution No. 317-93 which, among other things, adopted the City Center/Historic Convention Village Redevelopment and Revitalization Area Plan (the "Plan") and approved an Interlocal Cooperation Agreement between the County and the City of Miami Beach dated November 23, 1993 (the "Interlocal") in connection with the implementation of the Plan; and

WHEREAS, on June 11, 2003, the Agency adopted Resolution No. 454-2003, which recommended that the Plan be amended to incorporate the development and implementation of community policing initiatives; and

WHEREAS, on June 11, 2003, the City Commission adopted Resolution No.2003-25237, which approved and adopted an amendment to the Plan; and

WHEREAS, on June 11, 2003, the City Commission adopted Resolution No.2003-25421, which, among other things, adopted an amendment to the Interlocal; and

WHEREAS, in order for the City to fully implement the amendment to the Plan it is necessary for the Board to approve and adopt the amendment to the Plan in accordance with the provisions of the Act; and

WHEREAS, the Interlocal must be amended to delegate to the City the power to implement community policing innovations within the Redevelopment Area in accordance with an approved Plan, as may be amended from time to time; and

WHEREAS, this Board desires to approve the amendment to the Plan,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:

Section 1. The matters contained in the foregoing recitals are incorporated in this resolution by reference.

Section 2. The Board hereby accepts delivery of the amendment to the Plan, which amendment is attached hereto as Exhibit "B" and incorporated herein by this reference (the "Amendment"), delivered to it by the City Commission of Miami Beach. This Board hereby finds and determines that the Plan remains unchanged other than for the Amendment and the Amendment: (a) conforms with the Act; (b) is necessary and in the interest of the public health, safety, morals and welfare of the residents of the City, and will effectuate the purpose of the Act by revitalizing the Redevelopment Area economically and socially, thereby increasing the tax base, promoting sound growth, improving housing conditions, and eliminating the conditions which the Florida Legislature has found in the Act to constitute a menace which is injurious to the public health, safety, welfare and morals of the residents; (c) will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the rebuilding and redevelopment of the Redevelopment Area by the City and private enterprise; and (d) conforms to the Local Government Comprehensive Plan of the City as a whole.

Section 3. This Board, after having conducted a public hearing on the matter for the purpose of giving all interested persons an opportunity to express their views and having made the findings expressed above, approves the Amendment to the Plan in accordance with the Act. The Plan, as amended by the Amendment (the "Amended Plan"), is designated as the official redevelopment plan for the Redevelopment Area and shall be deemed to be in full force and effect for the Redevelopment Area. It is the purpose and intent of the Board that the Amended Plan, as it may be additionally supplemented and amended by this Board, be implemented in the Redevelopment Area.

Section 4. The Board hereby delegates to the City Commission the power to implement community policing innovations within the Redevelopment Area in accordance with the Amended Plan, as it may be additionally supplemented and amended by this Board. The power to approve the development of community policing innovations continues to vest in the Board.

Section 5. The Board approves the terms of and authorizes the County Manager to execute the First Amendment to the Interlocal Agreement in substantially the form attached to this resolution as Exhibit "C".

HEADER
To: Honorable Chairperson and Members Date: July 7, 2003
Board of County Commissioners
FROM: George M. Burgess
County Manager Subject: Amendment to the Miami Beach City Center/Historic Convention Village
Community Redevelopment and
Revitalization Area Plan

STAFF RECOMMENDATION
It is recommended that the Board of County Commissioners (the Board) approve the attached amendment to the Miami Beach City Center/Historic Convention Village Community Redevelopment and Revitalization Area Plan. By approving the amendment, the Board will delegate to the City of Miami Beach (The "City") the power to implement Community Policing innovations within the City Center/Historic Convention Village redevelopment area. It is further recommended that the Board authorize the County Manager to execute the First Amendment to the Interlocal Cooperation Agreement between Miami-Dade County (the "County") and the City of Miami Beach.

MANAGER'S BACKGROUND
On March 30, 1993, the Board adopted the Miami Beach City Center/Historic Convention Village Redevelopment and Revitalization Area Plan (the "Plan") through Resolution No. 317-93. On November 23, 1993, the Board approved an Interlocal Cooperation Agreement between the County and the City of Miami Beach (the "Interlocal"), which establishes the terms and conditions for the implementation of the Plan. Section 163.361 Florida Statutes, provides that any time after the approval of a community redevelopment plan by the Governing body, it becomes necessary for desirable to amend or modify such plan, the governing body may amend such plan upon recommendation of the Redevelopment Agency. On June 11, 2003, the Miami Beach Community Redevelopment Agency (the "Agency") adopted Resolution No. 454-2003 which recommended the Plan be amended, to incorporate the development and implementation of community policing initiatives. Also on June 11, 2003, the City Commission of the City of Miami Beach adopted Resolution No. 2003-25237 which approved and adopted an amendment to the Plan. The City Commission also adopted Resolution No. 2003-25241, on June 11, 2003, amending the Interlocal Cooperation Agreement.

In order for the City to fully implement the amendment to the Plan, it is necessary for the Board to approve and adopt an amendment to the Plan in accordance with the provisions of the Act. The existing Interlocal must be amended to delegate to the City the power to implement community policing innovations within the Redevelopment Area in accordance with an approved Plan. Chapter 163.361, Florida Statutes, enables Community Redevelopment Areas to implement and fund community policing innovations, defined as a "policing technique or strategy designed to reduce crime by reducing opportunities for and increasing the perceived risks of engaging in criminal activity through visible presence of police in the community, including, but not limited to, community mobilization, neighborhood block watch, citizen patrol, citizen contact patrol, foot patrol, neighborhood storefront police stations, field interrogation, or intensified motorized patrol."

The Agency's proposed community policing program calls for implementing and funding new or enhanced policing initiatives which include the assignment of police officers to permanent areas of responsibility or beats. Police officers will work to form partnerships with residents and businesses, to jointly solve crime and disorder problems, and share ownership of the solution strategies. The initiatives would be designed to address specific issues indigenous to the sections/neighborhoods in the Redevelopment Area. Emphasis will be placed on maintaining a highly visible presence and addressing the quality of life issues within the geographic boundaries of the two districts. The staffing plan designed to address the objectives of the community policing initiative has the following characteristics:

Create a Community Policing Problem Solving Team, consisting of one sergeant and six officers for the City Center/Historic Convention Village Redevelopment Area.
Develop Task Forces to address specific problems utilizing $500,000 in designated overtime.
Create Community Policing and, business and resident partnerships through innovative strategies.

On January 23, 2003, this proposed amendment to the Plan, together with another amendment, providing that the plan incorporate by reference the Proposed Master Plan for the 17th Street Surface Lots, prepared by Zyscovich, Inc., on September 21, 2001 and revised as of June 19, 2002, to reflect certain input by the Mayor and City Commission, was presented to the Board. The Board only adopted a resolution approving the amendment involving the Master Plan for the 17th Street Surface Lots. In a December 11, 2002 address to the Miami Beach City Commission in connection with the City's proposed amendments to the Redevelopment Plan and Interlocal Agreement, which were pending approval by the Board of County Commissioners, Commissioner Barreiro expressed concern that the proposed community policing element was going to provide funding for existing levels of police service in the City Center Area, thereby supplementing the City's General Fund expenditures. Commissioner Barreiro also proposed to add two County Commissioners as voting members to the Miami Beach Redevelopment Agency, to provide oversight in the policy decisions of the Agency. The City Commission declined this proposal.

At a meeting of the County's Tax Increment Financing and Coordinating Committee (the Committee") held on June 2, 2003, the Agency made a presentation of its proposed amendments to the Redevelopment Plan. While the Committee was supportive of the Agency's proposal, certain members expressed the following concerns and recommendations:
Case for Community Policing - the Committee, prior to the meeting, had asked for comparative crime statistics, comparing activity in the redevelopment areas to the rest of the City. Since the Police Department's records management system is in the process of being updated, this information could not be provided. Committee members emphasized the need to establish a system to track and monitor the effectiveness of community policing in the Redevelopment Areas.
Overtime - the preliminary proposed community policing budgets for the City Center and South Pointe contain substantive overtime allocations. The Committee asked whether the Agency could contract directly for off-duty police, in order not to incur overtime costs. Concern was raised regarding the City's ability to track and monitor overtime expenditures as being specific to officers assigned with the redevelopment areas. The Committee was informed that, due to the fact that the Agency is staffed by City personnel, it is probable that the Fraternal Order of Police may take issue with a City entity contracting separately for police services.
Monitoring expenditures and determining effectiveness of the investment in Community Policing - the Committee wanted to establish a mechanism to monitor the investment in community policing, either in the budget process or in the form of an annual report. The Committee was informed that the community policing budget is included as a line item in the respective budgets for each of the two Redevelopment Areas, which are already subject to the review and approval of the County.

On June 13, 2003, the Agency again met with the County's TIFC Committee with responses to the issues and concerns raised by the Committee. The Agency's response included some preliminary area specific crime data, stating that their City Attorney would not agree to the CRA contracting off-duty police services directly, and stating that they would put in place adequate budgeting, monitoring and reporting processes for the policing program, before their upcoming FY 2003-04 budget submission. The Committee in a unanimous vote recommended that the proposed amendments be forwarded to the Board for approval.

Economic Analysis Impact

The City proposes to fund these additional activities in the FY 2003-04 budget of the City Center District a cost of $2,159,544. However, this has no immediate financial impact to the County, as the County's annual payments to the Redevelopment Agency is predetermined, and based on the growth in taxable property value in the redevelopment area. The agency is merely shifting the use of these proceeds from one need to another.