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2016-29299 Reso RESOLUTION NO. 2016-29299 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING THE AMENDMENT OF THE CITIZEN PARTICIPATION PLAN IN THE FORM ATTACHED TO THIS RESOLUTION, TO CONFORM WITH FEDERAL REGULATIONS AND MIAMI BEACH ORDINANCE NO. 2014-3841; WHICH AMENDED CITIZEN PARTICIPATION PLAN INCLUDES, AMONG OTHER CLARIFICATIONS, THE ADDITION OF THE ASSESSMENT OF FAIR HOUSING, TO BE INCLUDED WITH THE CONSOLIDATED PLAN, THE ANNUAL ACTION PLAN, AND THE PERFORMANCE REPORT; AND FURTHER CLARIFYING THE CRITERIA WHICH WOULD TRIGGER A SUBSTANTIAL REVIEW OF THE ASSESSMENT OF FAIR HOUSING OR A SUBSTANTIAL AMENDMENT TO THE CONSOLIDATED PLAN OR THE ANNUAL ACTION PLAN. WHEREAS, the City of Miami Beach is a recipient of Community Development Block Grant(CDBG) and HOME Investment Partnerships (HOME) federal grant funds; and WHEREAS, the City's Consolidated Plan is both a planning document and an application for federal funds, and addresses the CDBG and HOME formula grant programs; and WHEREAS, as a recipient of CDBG and HOME funds, the U.S. Department of Housing and Urban Development (HUD) requires that the City have a detailed Citizen Participation Plan; and WHEREAS, the Mayor and City Commission adopted the existing Citizen cParticipation Plan on July 19, 1978 via Resolution No. 78-15672, and said Plan was subsequently amended on the following dates: September 21, 1983 (Resolution No. 83-17475); March 16, 1988 (Resolution No. 88-19190); November 1 6 , 1994 (Resolution No. 94-21410); April 5, 1995 (via Resolution No. 95-21538); October 7, 1998 (via Resolution No. 98-22927); and February 21, 2001 (Resolution No. 2001-24262); and WHEREAS, as per CFR 24, Section 91.105, local jurisdictions must amend their Citizen Participation Plan to add the Assessment of Fair Housing("AFH") and any criteria for substantial revisions to the Citizen Participation Plan; and WHEREAS, the City now deems it necessary to amend and clarify certain portions of its Citizen Participation Plan eliminating repetitive language and including the expanded use of technology to engage its citizens; and WHEREAS, the City, following the language provided by the regulations, condensed and clarified the criteria triggering any substantial amendment of the Consolidated Plan and annual Action Plans; and WHEREAS, the City advertised the changes to its Citizen Participation Plan during a public comment period that began December 24, 2015, and ended January 23, 2016 with no comments being received. • NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve the amendment of the Citizen Participation Plan in the form attached to this Resolution, and Miami Beach Ordinance No. 2014-3841; which amended Citizen Participation Plan includes, among other clarifications, the addition of the Assessment Of Fair Housing, to be included with the Consolidated Plan, the Annual Action Plan, and the Performance Report; and further clarifying the criteria which would trigger a substantial review of the Assessment of Fair Housing or a substantial amendment to the Consolidated Plan or the Annual Action Plan. PASSED AND AD�'�PASSED this /0 day of Fe 6rt(a , 2016. ./74 I' Z ; CITY CLERK ��. 'w` ��141�� MAYOR y %� V .%1" # � 1.INCORP ORATED= c,.. .1:)■Dil �i � S APPR - �s p.H.. 2� FOR APPROVED AS TO p. H...-2.. M & LANGUAGE & F )+ E CUTION_ r ( \47- t tils City Attorney pet COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA APPROVING THE AMENDMENT OF THE CITIZEN PARTICIPATION PLAN IN THE FORM ATTACHED TO THIS RESOLUTION,TO CONFORM WITH FEDERAL REGULATIONS AND MIAMI BEACH ORDINANCE NO.2014-3841;WHICH AMENDED CITIZEN PARTICIPATION PLAN INCLUDES, AMONG OTHER CLARIFICATIONS, THE ADDITION OF THE ASSESSMENT OF FAIR HOUSING,TO BE INCLUDED WITH THE CONSOLIDATED PLAN,THE ANNUAL ACTION PLAN, AND THE PERFORMANCE REPORT; AND FURTHER CLARIFYING THE CRITERIA WHICH WOULD TRIGGER A SUBSTANTIAL REVIEW OF THE ASSESSMENT OF FAIR HOUSING OR A SUBSTANTIAL AMENDMENT TO THE CONSOLIDATED PLAN OR THE ANNUAL ACTION PLAN. Key Intended Outcome Supported: N/A Supporting Data(Surveys, Environmental Scan, etc.): Item Summary/Recommendation: The City is a U.S.Department of Housing and Urban Development(HUD)-designated entitlement community receiving an annual allocation of HUD funding through the Community Development Block Grant(CDBG)and HOME Investments Partnership(HOME)programs. HUD requires entitlement jurisdictions to have a detailed Citizen Participation Plan that allow citizens to participate in the development of the Consolidated Plan, the annual Action Plan, any substantial amendments, and the submittal of the Consolidated Annual Performance Report(CAPER). The Mayor and City Commission adopted the existing Citizen Participation Plan on July 19, 1978 via Resolution No.78- 15672,and said Plan was subsequently amended on the following dates:September 21, 1983(Resolution No.83-17475); March 16, 1988(Resolution No.88-19190);November 16, 1994(Resolution No.94-21410);April 5, 1995(via Resolution No.95-21538);October 7, 1998(via Resolution No.98-22927);and February 21,2001 (Resolution No.2001-24262).On August 25, 2015, HUD amended its rules requiring local governments to include the Assessment of Fair Housing to the list of documents whose process shall follow the same citizen participation process required of those stated above. The City,fulfilling HUD's request, updated the Citizen Participation Plan to include the Assessment of Fair Housing and the criteria needed for substantial revisions. In addition, staff amended and clarified portions of the Citizen Participation Plan eliminating repetitive language and contradicting terms, included the expanded use of technology,and unified the criteria triggering any Substantial Amendment of the Consolidated Plan and annual Action Plans. This amendment also includes reference to the Affordable Housing Advisory Committee("AHAC")as the advisory body to the Division on housing and community development issues,instead of the Community Development Advisory Committee ("CDAC")which no longer exists, as stated in Ordinance 2014-3841 Governing Agencies, Board and Committees. Advisory Board Recommendation: N/A Financial Information: Source of Amount = Account Funds: 1 2 3 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Maria L. Ruiz, Housing &Community Services Sign-Offs: Department Director Assistant City Manager ity Manager MLR KGB JLM AGED EM R-711 MIAMIBEACH DATE 20-I A�� -1 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Philip Levine and Members of the City Commi j.sion FROM: Jimmy L. Morales, City Manager `. DATE: February 10, 2016 SUBJECT: A RESOLUTION OF THE MAYO \ AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING THE AMENDMENT OF THE CITIZEN PARTICIPATION PLAN IN THE FORM ATTACHED TO THIS RESOLUTION, TO CONFORM WITH FEDERAL REGULATIONS AND MIAMI BEACH ORDINANCE NO. 2014-3841; WHICH AMENDED CITIZEN PARTICIPATION PLAN INCLUDES, AMONG OTHER CLARIFICATIONS, THE ADDITION OF THE ASSESSMENT OF FAIR HOUSING, TO BE INCLUDED WITH THE CONSOLIDATED PLAN, THE ANNUAL ACTION PLAN, AND THE PERFORMANCE REPORT; AND FURTHER CLARIFYING THE CRITERIA WHICH WOULD TRIGGER A SUBSTANTIAL REVIEW OF THE ASSESSMENT OF FAIR HOUSING OR A SUBSTANTIAL AMENDMENT TO THE CONSOLIDATED PLAN OR THE ANNUAL ACTION PLAN. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The City is a U.S. Department of Housing and Urban Development (HUD)-designated entitlement community as determined by the decennial census information on population growth lag, age of housing stock, and poverty. As an entitlement community, the City receives an annual allocation of HUD funding through the Community Development Block Grant (CDBG) and HOME Investments Partnership (HOME) programs. HUD requires entitlement jurisdictions to submit a Five-Year Consolidated Plan which establishes the strategic framework upon which the City utilizes its funds. The Consolidated Plan is augmented and refined by the City's annual submission of a One-Year Action Plan which delineates the specific projects and activities funded by each year's HUD allocation. HUD regulations, found in 24 CFR. 91.105, require entitlement jurisdictions to have a detailed Citizen Participation Plan encouraging citizens to participate in the development of the Consolidated Plan, the annual Action Plan, any substantial amendments, and the submittal of the Consolidated Annual Performance Report (CAPER). Participation in the allocation process allows citizens to become aware of how HUD funds are utilized to serve the needs of the community. The Mayor and City Commission adopted the existing Citizen Participation Plan on July 19, 1978 via Resolution No. 78-15672, and said Plan was subsequently amended on the following dates: September 21, 1983 (Resolution No.83-17475); March 16, 1988 (Resolution No.88-19190); November 16, 1994 (Resolution No.94-21410); April 5, 1995 (via Resolution No. City Commissioners Memorandum—CDBG Funds Recapture February 10,2016 (5 pages) 95-21538); October 7, 1998 (via Resolution No.98-22927); and February 21, 2001 (Resolution No.2001-24262). On August 25, 2015, HUD amended its rules requiring local governments to include the Assessment of Fair Housing to the list of documents whose process shall follow the same citizen participation process required of the Consolidated Plan, the annual Action Plans, their amendments and annual performance reports, as well as the criteria that would trigger a substantial review of the Assessment of Fair Housing. The City, fulfilling HUD's request, updated the Citizen Participation Plan to include the Assessment of Fair Housing and the criteria needed for substantial revisions. In addition, staff deemed necessary to amend and clarify portions of the Citizen Participation Plan eliminating repetitive language, including the expanded use of technology to engage its citizens, and eliminating contradicting terms found in the previously amended Citizens Participation Plan. Furthermore, the City, following the language provided by the regulations, condensed and clarified the criteria triggering any Substantial Amendment of the Consolidated Plan and annual Action Plans. This change has an objective measure of 50% alteration that takes the interpretation of the plan out of the process of determining if an amendment is substantial or not. This amendment also includes reference to the Affordable Housing Advisory Committee ("AHAC") as the advisory body to the Division on housing and community development issues, instead of the Community Development Advisory Committee ("CDAC") which no longer exists, as stated in Ordinance 2014-3841 Governing Agencies, Board and Committees. CONCLUSION The Administration recommends approval of the amended Citizens Participation Plan, attached hereto as Exhibit "A", in order to conform with the federal regulations and Miami Beach Ordinance No. 2014-3841; which amended Citizen Participation Plan includes, among other clarifications, the addition of the Assessment Of Fair Housing, to be included with the Consolidated Plan, the Annual Action Plan, and the Performance Report; and further clarifying the criteria which would trigger a substantial review of the Assessment of Fair Housing or a substantial amendment to the Consolidated Plan or the Annual Action Plan. F:\RH \$ALL\HSG-CD\CDBG\HUD Compliance Forms\Citizen Participation Plan\CDBG Citizen Participation Plan Memo.doc JLM/K /MLRJTAE I. - . .. EXHIBIT'A, _ __ [-CITY OF- MIAMI BEACH CITIZEN PARTICIPATION P-LAN , 'l . ;. . : Amended - February 10, 201"6 _ -- J•. - _ • • . . • TABLE OF CONTENTS PROCESS FOR CITIZEN INVOLVEMENT 3 BACKGROUND 3 GENERAL GUIDELINES FOR CITIZEN PARTICIPATION 3 DEVELOPMENT OF THE AFH AND THE PLAN 4 ANTI-DISPLACEMENT 4 PUBLISHING THE PLAN 4 PUBLIC HEARING REQUIREMENTS 4 NOTICE OF HEARINGS 5 ACCESS TO COMMUNITY MEETINGS 5 CONSIDERATION OF PUBLIC COMMENTS 5 PROCEDURES FOR HANDLING COMPLAINTS RELATED TO THE PLAN 5 CRITERIA AND PUBLIC COMMENT PERIOD FOR AMENDMENT TO THE PLAN 5 PERFORMANCE REPORTS 6 CRITERIA AND PUBLIC COMMENT PERIOD FOR REVISIONS TO THE AFH 6 AVAILABILITY TO THE PUBLIC 6 ACCESS TO RECORDS 7 TECHNICAL ASSISTANCE 7 THE AFFORDABLE HOUSING ADVISORY COMMITTEE(AHAC) 7 PURPOSE AND FUNCTION OF THE COMMITTEE 7 GENERAL REQUIREMENTS FOR MEMBERSHIP ON AHAC 7 MEETINGS 8 ADDITIONAL REQUIREMENTS 9 PROCESS FOR CITIZEN INVOLVEMENT BACKGROUND A requirement of the Consolidated Plan is a Citizen Participation Plan that sets forth the City's policies and procedures for citizen participation. The purposes of this Citizen Participation Plan are to: • provide for citizen participation to assure effective citizen involvement, in an advisory role, in the development of the Consolidated Plan, any substantial amendments to the Consolidated Plan, the Annual Action Plan, any substantial amendments to the Annual Action Plan, the annual performance reports, the Assessment of Fair Housing, and any of its revisions prior to their submittal to HUD; and • encourage effective citizen participation, with particular emphasis on participation by persons of low- and moderate-income; who are residents of slum and blighted areas and who live in the community development target areas; and minority groups, in implementing these federally-funded programs in accordance with the federal regulations found at 24 CFR Part 91. The Citizen Participation Plan also sets out the public's role in the planning, implementation, and assessment of the programs covered by the Consolidated Plan and the One-Year Action Plan (together, the "Plan") for Federal Funds including: the Community Development Block Grant (CDBG) program, the HOME Investment Partnerships (HOME) program, any substantial amendments thereto; the performance reports submitted to HUD, and the Assessment of Fair Housing ("AFH") and any revisions to it. GENERAL GUIDELINES FOR CITIZEN PARTICIPATION During the stages of the Plan and the AFH processes including preparation, revisions, substantial amendments, and performance, the City will take actions to provide for and encourage the participation of all its residents. This includes low- and moderate-income residents where housing and community development funds may be spent. Citizen involvement is accomplished by the following methods: 1. Consulting with the Housing Authority of the City of Miami Beach and the local Community Housing Development Organization(s) (CHDOs) to encourage the participation of residents of public and assisted housing in the development of the Plan and/or AFH; 2. Communicating with providers of services to special needs or other assisted housing serving lower income clientele, minorities, non-English speaking persons, and persons with mobility, visual, or hearing impairments; 3. Communicating with local Community Development Corporations, the Miami Beach Service Partnership as social service providers, public health agencies and adjoining local governments concerning the needs of low- and moderate-income residents; 4. Advertising meeting(s)/hearing(s) in newspaper(s) of general circulation, the City's Web site, and the City's public access television channel(s); and 5. Ensuring that all citizens wishing to submit their view be offered an opportunity. The Affordable Housing Advocacy Committee (AHAC), an eighteen (18) member citizen advisory group, will be actively involved in the formulation of the Plan and will host public meeting(s) and hearing(s)to obtain citizen input at the initial stages of development of the Plan and the AFH. 3 DEVELOPMENT OF THE AFH AND THE PLAN Before the City adopts the Plan, the City will place a notice in the newspaper of general circulation and on the City's Web site providing salient information including the amount of assistance the City expects to receive; the range of activities that may be undertaken; and the estimated amount that will benefit low- and moderate-income persons. ANTI-DISPLACEMENT For federally funded activities the City will attempt to avoid any displacement. In the event that the City undertakes an activity with federal funding that would involve displacement, the City will follow the procedures identified within the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. PUBLISHING THE PLAN A public notice with a summary of the proposed Plan and/or AFH will be published in a newspaper of general circulation. The summary will describe the contents and purpose of the Plan or AFH. Copies of the entire proposed Plan and/or AFH will be available for public review at the following locations: City of Miami Beach - City Hall 1700 Convention Center Drive Miami Beach, FL 33139 Office of the City Clerk and the Office of Housing and Community Services Division After HUD acceptance, the Plan and/or AFH, along with any amendments and/or revisions, and the performance report will be available to the public at the Office of Housing and Community Services Division ("Division") and on the City's Web site- http://www.miamibeachfl.gov. PUBLIC HEARING REQUIREMENTS Opportunity for public comments are welcome at 8:30 a.m. on Commission meetings in the Commission Chambers, located on the third floor of the City Hall, and are televised on the City's public access channel. Public hearings will obtain citizens' views and provide responses to proposals and questions of citizens, public agencies, and other interested parties. A separate public hearing will be held during the Plan and AFH planning process to allow for citizen participation before the proposed Plan and/or AFH are (is) published to receive comments on the housing and community development needs and affirmatively furthering fair housing. This meeting will take place during the monthly AHAC meeting as per the planning timeline. The presentation of proposed activities, the adoption of the Plan and/or the AFH, as well as any amendments and/or revisions will be hold during a Commission meeting allowing time for public comment. The Commission Chambers is accessible to accommodate persons with disabilities. Anyone requiring special accommodations is encouraged to call the Division four business (4) days prior to the scheduled meeting(s). Non-English speaking residents are encouraged to inform the Division of attendance four (4) days prior to the scheduled meetings to allow arrangements to be made for 4 an interpreter. NOTICE OF HEARINGS Notice of public hearings, including time, place and purpose of the meeting will be published at least fifteen (15) days before the hearing in the non-legal section of a newspaper of general circulation, adding that information for non-English speakers will be provided upon request by contacting the Division. ACCESS TO COMMUNITY MEETINGS At least two public community meetings will be held annually. Notice of the time, date, location, and purpose of the meetings is publicized in a newspaper of general circulation and on the City's Web site. Additional effort is made through direct e-mails to nonprofits, neighborhood groups, and other organizations to encourage and emphasize the involvement of low- and moderate-income residents. Meetings will be held in the Division's conference room. Additional locations that satisfy these requirements may also be used. All public community meeting sites are accessible to persons with mobility impairments. Anyone requiring special accommodations is encouraged to call the Division four(4) business days prior to the meetings. Non-English speaking residents are encouraged to inform the Division of attendance four(4)days prior to the scheduled meetings to allow arrangements to be made for an interpreter. CONSIDERATION OF PUBLIC COMMENTS The City will receive comments or views regarding the proposed Plan and/or AFH, amendments and/or revisions for a period of at least thirty (30) days prior to its submission to HUD. Citizens, representatives of organizations, or representatives of units of local government, can present their comments either in writing to the Division or orally at public or community meetings. A summary of the public comments and/or views received will be attached to the Plan and/or AFH, amendments and/or revisions. The City's response to the comments or views shall also be included. PROCEDURES FOR HANDLING COMPLAINTS RELATED TO THE PLAN Any citizen may file a written comment or complaint concerning the Plan, its Amendments, the AFH, its revisions, and the annual performance report with the Office of Housing and Community Development Division, 1700 Convention Center Drive, Miami Beach, FL 33139. All complaints must include the name and address of the person(s)filing the complaint; a description of the act or acts considered to be in violation; and other available pertinent information which will assist in the review and resolution of the complaint. Such complaints should be filed within thirty (30) days of the alleged discriminatory act. The Division will respond, in writing, to all written citizen complaints within fifteen (15)working days, where practicable. CRITERIA AND PUBLIC COMMENT PERIOD FOR AMENDMENT TO THE PLAN The City will amend the Plan whenever one of the following occurs: 1. A change in allocation priorities or a change in the method of distributing funds; 2. Funding an activity using funds from any program covered by the Plan (including program 5 income) not previously described in the One Year Action Plan; or 3. A change in the purpose, scope, location or beneficiaries of an activity. The public will be informed of an amendment that does not rise to the level of a substantial amendment by notice posted on the City's Web site. The notice will contain a description of the change which will be concurrently submitted to HUD. If changes in the City's Plan constitute a substantial amendment, citizens will be given reasonable notice of the proposed amendment and be provided a thirty (30) day comment period. A "Substantial Amendment"will be triggered by: • A change in the use of funds from one eligible activity to another which results in a substantial alteration of the purpose, scope, location, or beneficiaries of an eligible activity. A substantial alteration is understood to affect 50% or more of the activity as proposed. A public notice of the proposed substantial amendment will be published in a newspaper of general circulation and a public hearing will be held. The City will consider any comments or views received in writing, or orally at public hearing, in preparing the substantial amendment. A summary of the comments and the City's response shall be attached to the substantial amendment. PERFORMANCE REPORTS The City will receive comments on performance reports for a period of at least fifteen (15) days before it is submitted to HUD. Its availability will be noticed via a newspaper of general circulation, the City's Web site, its e-magazines and various social media. A summary of the views and comments received in writing or orally at the public hearing will be attached to the performance report with the City's response. CRITERIA AND PUBLIC COMMENT PERIOD FOR REVISIONS TO THE AFH The City will review its AFH whenever there is a "material change" that substantially alters the information upon which the AFH is based so that the analysis, fair housing contributing factors, or priorities and goals do not reflect the current situation. Samples of these material changes could be: • Presidentially-declared disaster • Major demographic changes and/or • By HUD request if a significant change is detected Significant revisions to the AFH shall be made available to the citizens for a thirty (30) day comment period before the AFH is submitted to HUD for review. • AVAILABILITY TO THE PUBLIC The following documents will be available to the public from 8:30 a.m. to 5:00 p.m., Monday through Friday (except for City holidays)at the Office of Housing and Community Services Division. 1. The Citizen Participation Plan; 2. The Consolidated Plan and Annual Plans; 3. Substantial Amendments 4. The Annual Performance Reports; and 6 5. The Assessment of Fair Housing and any revisions. These documents will be available in a form accessible to persons with disabilities upon request by contacting the Division either in person or by phone. ACCESS TO RECORDS The City will provide citizens, public agencies, and other interested parties with reasonable and timely access to the documents stated above relating to the Plan, and the use of assistance under the programs covered by the Plan for the preceding five years, as well as related to the AFH and its revisions. TECHNICAL ASSISTANCE The City shall provide technical assistance to groups representative of persons of low- and moderate-income that request assistance in developing proposals for funding assistance under the Plan or commenting on the AFH. Technical assistance provided may include, but not limited to: 1. Information related to housing and community development; 2. Responding to citizen's inquiries regarding the Plan and the programs it covers; 3. Making referrals to other local, state and federal agencies, when necessary; 4. Responding to requests for assistance in developing proposals for funding; and 5. Information related to the AFH including analysis and fair housing contributing factors. THE AFFORDABLE HOUSING ADVISORY COMMITTEE (AHAC) PURPOSE AND FUNCTION OF THE COMMITTEE The Affordable Housing Advisory Committee ("AHAC" or the "Committee") shall serve as an advisory body to the Division staff and City Commission on housing and community development issues, representing all residents of Miami Beach especially those directly affected by the Plan. The role of the AHAC is to provide input regarding all phases of the housing and community development programs, and effectuate and encourage citizen participation from all individuals, especially low- and moderate-income persons and residents of Community Development target areas. The advisory services of the AHAC include, but are not limited to, the formation of the Plan. However, the Committee or its officers will have no powers to make administrative decisions or direct staff actions. The Committee shall facilitate community involvement regarding housing and non-housing community development activities and shall serve as a forum to hear citizen concerns, priorities, views and proposals. The Division Director or his/her designee shall provide technical assistance to the Committee and shall be the liaison between the Committee and the City Administration. GENERAL REQUIREMENTS FOR MEMBERSHIP ON AHAC Composition 7 The composition of the AHAC shall comply with Ordinance 2014-3841, Agencies, Boards and Committees, as the same may be amended from time to time. The Committee shall be composed of eighteen (18) appointed members. Seven (7) of the appointees are direct appointments of the Mayor and the City Commissioners and must either be a resident of or demonstrate ownership/ interest in a business established in a locally designated Community Development target area for a minimum of six(6) months. The remaining eleven (11) of the members shall be appointed at-large by a majority vote of the Mayor and City Commission and meet the criteria as outlined in Florida State Statute 420.9076. The eighteen (18) members shall be appointed to represent city-wide concerns, and should be selected on the basis of their ability to provide expertise in areas of relevance to housing and community development programs (e.g. planning, law, real estate, social work, housing, homelessness, .etc.). No AHAC member may submit an application for any City/HUD-funded assistance program on any property or business in which they own or retain an interest. In making their appointments, the Commission takes into consideration the need for representation of low- and moderate-income persons, minority citizens, and residents of slum and blighted areas. City of Miami Beach employees or appointed or elected officials directly involved with the utilization or approval of community development funds and/or expenditures is ineligible for membership on the AHAC. Members shall not be in conflict of interest as outlined below. Moreover, neither AHAC members nor firms who employ AHAC members may provide consulting or other services to sub- recipients. Conflict Of Interest AHAC members must comply with all federal regulations, specifically those listed under 24 CFR 570.611 for the CDBG Program, 24 CFR 92.356 for the HOME Program; Florida Statutes 112.3143 (1989); and City of Miami Beach Ordinance 2014-3841, which addresses conflicts of interest, as same may be amended from time to time; and any other laws, regulations or ordinances affecting conflicts of interest. All City of Miami Beach, State of Florida and/or HUD legal opinions concerning AHAC conflicts of interest will be followed. Vacancies Consistent with the Section entitled "Composition" above and ordinance 2014-3841, vacancies which may occur on the Committee, shall be filled by City Commission appointment. The City Manager will give advance notice to the City Commission by notification in the agenda of any vacancies on the AHAC. Term Of Appointment The term of appointment shall be two years from January 1st through December 31st. Appointments for the two-year term will be made by the City Commission in January with vacancies filled as soon as possible in order to maintain continuity. MEETINGS Compliance with Sunshine Amendment Requirements All meetings of any board or commission of a municipal corporation at which official acts are to be 8 taken are declared public meetings and open to the public at all times, and no rule, resolution or formal action shall be considered binding except as may be taken at such meeting. All AHAC meetings will comply with the requirements of Florida's,"Sunshine Amendment" and will be held in the open. Meeting.Notices and.Scheduling The Committee Liaison, with input from the AHAC Chairperson, will set the time and place of meetings. Regular and special purpose meetings may be held at the City of Miami Beach City Hall, located at 1700 Convention Center Drive, which is a facility located in a designated community development (low/moderate income)target area, and is accessible to the handicapped. Members of the community are encouraged to attend AHAC's meetings. Regular meeting notices shall be provided in advance. In the case of a special meeting, a notice will be made as early as possible in advance of such meeting, by personal communication and public notice. The Division will make every effort to provide appropriate assistance with the mailing of meeting summaries, agendas and notices. Regular Meetings The AHAC will hold public'meetings to discuss and provide recommendations on the proposed use of funds and give citizens the opportunity to (i) express needs and -comments and (ii) submit proposals for consideration. Committee meetings will be held monthly, or as needed, and will be coordinated with the schedule for the preparation of funding recommendations for tall HUD program components of the Plan. A tentative schedule of the community development process for the City of Miami Beach will be made available by the Administration at the earliest possible meeting of each calendar-'year. Special Meetings In order to ensure representation from individuals residing in affected community development target areas,:the Administration, in conjunction with AHAC, may. hold neighborhood meetings/ • hearings to obtain input directly from those affected. AHAC attendance is not mandatory at these special meetings. J, Annual CDBG and HOME Planning Phase Meetings • The City Administration will determine the annual costs necessary to administer the CDBG and HOME Program. The Administration will also determine the annual funding necessary to meet the required housing and community development needs and goals in accordance with the criteria established by HUD. These funds must comply with the Plan. AHAC will support no less than the minimum funding necessary to achieve these goals. The AHAC will then be asked to review the written Request, for Proposals- from all organizations, in order to recommend funding levels for eligible CDBG and HOME activities. Annual funding decisions are determined each year and are promulgated in a One-Year Action Plan, in accordance with the Consolidated Plan. Citizens will be apprised of any items as specified in the National Affordable Housing Act of 1990, Public Law 101-625, the Housing and Community Development Act of 1974 as amended, and applicable regulations for the above. ADDITIONAL REQUIREMENTS City of Miami Beach Ordinance No.2014-3841 which is attached to this Citizen Participation Plan and the handbook provided to AHAC members, establishes additional requirements governing the operation of the AHAC including: provisions on positions within the AHAC, minimal requirements for a quorum and voting, and absences and removal, among others. The Handbook is available, upon request, at the Division. F:\RHCD\$ALL\HSG-CD\CDBG\HUD Compliance Forms\Citizen Participation PIan12001-24262 RESO changes Tatiana-Final.docx 10