Loading...
2001-24262 RESORESOLUTION NO. 2001-24262 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING AND RESTATING THE CITIZEN PARTICIPATION PLAN IN ORDER TO CONFORM WITH THE FEDERAL REGULATIONS GOVERNING THE CONSOLIDATED PLAN AND CITY OF MIAMI BEACH ORDINANCE NO. 2000-3245, GOVERNING AGENCIES, BOARDS AND COMMITTEES. WHEREAS, the City of Miami Beach is a recipient of Community Development Block Grant (CDBG); Emergency Shelter Grants (ESG); and HOME Investment Partnerships (HOME) federal grant funds, and the City's Consolidated Plan is both a planning document and an application for federal funds, and covers the CDBG; HOME; ESG; and Housing Opportunities for Persons with AIDS formula grant program, the Section 108 Loan program; and the Economic Development Initiative grant funds; and WHEREAS, as a recipient of CDBG; HOME; ESG; Section 108 Loan program; and EDI grant funds, the regulations for the U.S. Department of Housing and Urban Development (HUD) require that the City have a detailed Citizen Participation Plan in order to receive federal grant funds; and WHEREAS, 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); and October 7, 1998 (via Resolution No. 98-22927); and WHEREAS, the City now deems it necessary to amend and clarify certain portions of the Citizen Participation Plan to reflect the changes based on enactment of City of Miami Beach Ordinance No. 2000-3245, which sets out the standards for all City Agencies, Boards and Committees, and deleted "at - large" appointments by providing direct appointments by the Mayor and City Commissioners; and WHEREAS, the enactment of Ordinance No. 2000-3245 increased the number of direct appointments for the City's Community Development Advisory Committee from eleven to fourteen appointments; and WHEREAS, the City advertised the changes to the Citizen Participation Plan during a public comment period that began January 18, 2001, and ended February 17, 2001, 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 amend and restate the Citizen Participation Plan in order to conform with the federal regulations governing the Consolidated Plan and City of Miami Beach Ordinance No. 2000-3245 governing Agencies, Boards and Committees. PASSED AND ADOPTED this 21't day of February2001. A. ATTEST: (� �f MAY b�l1AGE (nl/l.�lA C • FOR EXECUTION CITY CLERK F MUHPSAU Y35ET ACf%. UM CFF Rewlwwn tloc {/A City of Miami Beach Citizen Participation Plan Amended and Restated February 21, 2001 CITY OF MIAMI BEACH Community/Economic Development Department 1700 Convention Center Drive Miami Beach, FL 33139 (305)673-7260 Phone (305)673-7772 Fax htto:8ci.miami-beach.fl.us L 77. IV City of Miami Beach Citizen Participation Plan TABLE OF CONTENTS PROCESS FOR CITIZEN INVOL VEMENT 1-5 ♦ Background 1 ♦ General Guidelines for Citizen Participation 1-2 ♦ Efforts to Encourage Citizen Participation in the 2 Development of the Consolidated Plan 7 ♦ Information to be Provided 2-3 ♦ Public Access to Records 3 ♦ Availability of Technical Assistance 4 ♦ Public Hearing Requirements 4 ♦ Consideration of Public Comments 5 ♦ Meetings 5 THE CONSOLIDATED PLANNING PROCESS 6-9 ♦ Background 6 ♦ Availability of Consolidated Plan Documents 6-7 to the Public ♦ Availability of Draft Consolidated Plan 7 ♦ Publication of One -Year Action Plan for 8 Federal Funds for Thirty -Day Comment Period ♦ Procedures for Handling Complaints Related 8 To the Consolidated Plan ♦ Criteria for Amendment of the Consolidated Plan 8 ♦ Thirty -Day Comment Period and Public Hearing 9 For Substantial Amendment to the Consolidated Plan ♦ Performance Reports 9 THE CommuNITYDEVELOPMENTADVISOR YCOMMITTEE (CDAQ ♦ Purpose and Function of the Committee 10 ♦ General Requirements for Membership on CDAC 10-I1 ♦ Meetings 11-13 ♦ Additional Requirements 13 ATTACHMENTS Community Development Target Areas City of Miami Beach Ordinance 2000-3245 Conflict of Interest Regulations and Ordinances Summary of Sunshine Amendment Requirements 10-13 Attachment I Attachment 2 Attachment 3 Attachment 4 Amended and Restated February 21, 2001 Table of Contents PROCESS FOR CITIZEN INVOL VEMENT BACKGROUND City of Miami Beach Citizen Participation Plan 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, and the annual performance reports submitted to HUD; and to 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 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 Plan: the Community Development Block Grant (CDBG) program, the Emergency Shelter Grants (ESG) program, the HOME Investment Partnerships (HOME) program, the Section 108 Loan Guarantee and Economic Development Initiative Grant programs, any substantial amendments thereto, and the performance reports submitted to HUD. Citizens will have a reasonable opportunity to comment on the original citizen participation plan and any proposed substantial amendments thereto. Additionally, the Citizen Participation Plan will be made available to the public at the City Clerk's Office and, upon request, will be made available in a format accessible to persons with disabilities. A reasonable number of free copies of the Citizen Participation Plan are also available in the Community/Economic Development Department. GENERAL GUIDELINES FOR CITIZEN PARTICIPATION All aspects of the citizen participation process shall be conducted in an open manner, with freedom of access for all interested persons. Citizens will be provided with: ♦ timely access to local meetings; ♦ CDBG, ESG, HOME, and related program information; ♦ Section 108 Loan Guarantee Program and Economic Development Initiative Grant information; ♦ copies of the Consolidated Plan and One -Year Action Plan for Federal Funds; and ♦ Other records relating to the grantee's and sub -recipients' proposed and actual use of federal funds, as required by the federal Housing and Community Development Act. Amended and Restated February 21, 2001 Page 1 City of Miami Beach Citizen Participation Plan The Community Development Advisory Committee (CDAC), a fourteen member citizen advisory group, will be actively involved in the formulation of the Plan, and will host public meetings and hearings to obtain citizen input at the initial stages of development of the Plan. The City will also: ♦ Consult with the following agencies or groups in order to obtain their input: the Housing Authority of the City of Miami Beach, the local Community Housing Development Organization(s) (CHDOs), providers of special needs or other assisted housing, local Community Development Corporations, the CDAC, the Loan Review Committee, social service providers, public health agencies and adjoining local governments concerning the needs of low and moderate income residents; ♦ Gather input by conducting interviews with various providers and community leaders, from persons attending the various public meetings and hearings, and from written comments from citizens and interest groups submitted throughout the process; and ♦ Actively involve citizens in the development of the Consolidated Plan. EFFORTS TO ENCOURAGE CITIZEN PARTICIPATION IN THE DEVELOPMENT OF THE CONSOLIDATED PLAN The City of Miami Beach makes every effort to encourage the participation of all citizens in the development and implementation of the Consolidated Plan, the development of the One -Year Action Plan, any amendments to the Plan, and the annual performance reports submitted to HUD. INFORMATION TO BE PROVIDED The City of Miami Beach provides public access to program information and will undertake affirmative efforts to make information available to citizens, especially to those of low and moderate income, residents of blighted neighborhoods, and minorities. The City of Miami Beach provides for full and timely disclosure of its program records and information consistent with applicable federal, state, and local laws regarding personal privacy and obligations of confidentiality. Documents relevant to the CDBG, ESG, and HOME Programs, and Section 108 Loan Guarantee Program will be made available for citizen review upon request at the City of Miami Beach Community/Economic Development Department during normal working hours. Copies of the Citizen Participation Plan, Consolidated Plan, One -Year Action Plan for Federal Funds, and annual performance reports submitted to HUD will be available for citizen review or distribution at the City of Miami Beach Community/Economic Development Department upon request. The materials available will include: ♦ Consolidated Plan; ♦ One -Year Action Plan for Federal Funds; ♦ Substantial Amendments to the Plan; ♦ Citizen Participation Plan; and ♦ Performance Reports Submitted to HUD. Amended and Restated February 21, 2001 Page 2 City of Miami Beach Citizen Participation Plan These materials will be available at the City of Miami Beach City Hall in the Community/ Economic Development Department during normal business hours. Persons needing special assistance can contact the City Clerk's Office and the needed assistance will be provided to enable access for persons with disabilities. In order that the Community/Economic Development Department may function most effectively, requests for the information and records described above will be processed, whenever possible, within 48 hours of submission of a written request. A reasonable copying charge may be assessed for requests by any individual or group requiring more than 5 sheets of paper per week. This applies with the following exception: a reasonable number of copies of the Consolidated Plan, One -Year Action Plan for Federal Funds, Substantial Amendments to the Plan, Citizen Participation Plan, and Performance Reports Submitted to HUD. As determined necessary by the Administration, certain program records and notices may also be published in a non-English language newspaper of general circulation in the City of Miami Beach. A summary of the Consolidated Plan, and if applicable, a summary of the Section 108 Loan Guarantee Program application, will be published at an appropriate time in a newspaper of general circulation. The City will take whatever actions are appropriate to encourage participation of all its citizens, including minorities, non-English speaking persons, and persons with disabilities, in all stages of the process. This may include, but not be limited to, publication of materials, notices, and records in a language other than English and the provision of assistance for hearing, sight and mobility impaired persons. The citizens will be advised of: ♦ the annual CDBG, ESG and HOME grant amounts anticipated; the proposed amount of Section 108 Loan Guarantee Program; ♦ estimated program income; ♦ the proposed low/moderate income benefits once a Plan or Section 108 Loan Guarantee Program application has been developed; and ♦ Proposed CDBG/Section 108 activities likely to result in displacement (if any) and the types and levels of assistance the grantee will make available to displaced persons, if any. Further, 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. PUBLIC ACCESS To RECORDS The City will provide citizens, public agencies and other interested parties with reasonable and timely access to information and records concerning the City's Consolidated Plan, and the City's use of assistance under the programs covered by the Plan for the preceding five years. Amended and Restated February 21, 2001 Page 3 City of Miami Beach Citizen Participation Plan AVAILABILITY OF TECHNICAL ASSISTANCE The City of Miami Beach Community/Economic Development Department staff shall provide reasonable technical assistance to citizens so that they may adequately participate in planning, implementing, and assessing: ♦ The CDBG, ESG, HOME, or Section 108 Loan Guarantee programs; ♦ The City's Consolidated Plan; ♦ Plan amendments; and ♦ The annual performance reports submitted to HUD. Reasonable technical assistance shall also be provided to groups of low and moderate income persons and groups of residents of blighted neighborhoods who request assistance in developing proposals for, or statements regarding, any of the programs covered by the Consolidated Plan. Reasonable technical assistance may include: ♦ The provision of information or written documents and assistance in preparing Requests for Proposals during the development of: the Consolidated Plan, Plan amendments and annual performance reports submitted to HUD; the CDBG Planning Phase; or the preparation of an application under the Section 108 Loan Guarantee Program; as well as ♦ One-on-one assistance if deemed necessary. Technical assistance will not include providing funds to the groups seeking technical assistance. PUBLIC HEARING REQUIREMENTS At least two public hearings per program year will be provided to obtain citizens' views and to respond to proposals and questions. They will be conducted at different stages of the program year. The first hearing will be to obtain the views of citizens on housing and community development needs, including priority non -housing community development needs. The second public hearing will be held later in the program year to address the development of proposed activities. This hearing will be held after a draft Plan is published but prior to the adoption of the Plan. These public hearings will be held at times and places which are convenient to potential and actual beneficiaries and which can accommodate persons with disabilities. The conference room on the first floor of City Hall, 1700 Convention Center Drive, Miami Beach may be used for the conduct of these hearings and satisfies these requirements. Additional locations that satisfy these requirements may also be used. Non-English speaking residents will be accommodated by the use of a translator if a significant number are reasonably expected to attend. Advance notice of all public hearings will be published at least seven days before the hearing in the non -legal section of the newspaper. A newspaper of general circulation, and if deemed necessary, a non-English newspaper, will be used. Sufficient information will be published about the subject of the hearing to permit informed comment. Amended and Restated February 21, 2001 Page 4 City of Miami Beach Citizen Participation Plan CONSIDERATION OF PUBLIC COMMENTS Comments or views received through the citizen participation process from citizens, representatives of organizations, or representatives of units of local government, received either in writing or orally at citizen meetings, will be considered in the preparation of the final One - Year Action Plan, and/or Consolidated Plan. Public comments and views received will be considered, and as appropriate, modifications to the draft One -Year Action Plan will be incorporated into the final document. MEETINGS Citizens will be provided with reasonable and timely access to local meetings. Notices of all public meetings will be published before regularly scheduled meetings in the non -legal section of the newspaper. A newspaper of general circulation and, if deemed necessary, a non-English newspaper, will be used. Advance notice of emergency meetings will also be provided in the non- legal section of the newspaper as soon as practicable. Amended and Restated February 21, 2001 Page 5 City of Miami Beach Citizen Participation Plan THE CONSOLIDATED PLANNING PROCESS BACKGROUND The City of Miami Beach is an entitlement recipient of federal funds from the U.S. Department of Housing and Urban Development (HUD). The Consolidated Plan satisfies the minimum statutory requirements for four programs: Community Development Block Grant Program (CDBG), Emergency Shelter Grants Program (ESG), HOME Investment Partnerships (HOME) Program, and Housing Opportunities for Persons With AIDS (HOPWA). The Plan furthers the statutory goals of these programs through a collaborative process whereby each community that receives formula federal grant funds establishes a unified vision for community development actions. Consolidating the submission requirements of these federal programs offers local jurisdictions a better chance to shape the various programs into an effective, coordinated neighborhood and community development strategy. It also creates the opportunity for strategic planning and citizen participation to take place in a comprehensive context, and to reduce duplication of efforts at the local level. The City of Miami Beach's Community/Economic Development Department administers the Community Development Block Grant Program (CDBG), Emergency Shelter Grants Program (ESG), and HOME Investment Partnerships (HOME) Program. The Community/Economic Development Department is responsible for the planning, preparation, and submission of the Consolidated Plan, the One -Year Action Plan for Federal Funds (together, the "Plan"), amendments to the Plan, and annual performance reports submitted to HUD, affecting the CDBG, ESG and HOME Programs, including the day-to-day operations of such programs. The Community/Economic Development Department is also responsible for the preparation and submission of applications for assistance under the Section 108 Loan Guarantee Program for the City. Consistent with the duties and responsibilities of the Community/Economic Development Department, the City Administration determines the annual costs necessary to administer these programs, not to exceed 20% of the annual CDBG entitlement grant plus program income, 5% of the annual ESG entitlement grant, and 10% of the HOME Program. Also, the Administration determines the annual funding necessary to meet the required community development and housing needs and goals in accordance with the criteria established by HUD. The awarding and monitoring of the distribution of these funds must comply with the Plan. AVAILABILITY OF CONSOLIDATED PLAN DOCUMENTS TO THE PUBLIC In order to provide a reasonable opportunity to examine the contents of the proposed Consolidated Plan and to submit comments, the City will publish a summary of the proposed Consolidated Plan in a newspaper of general circulation as well as in a non-English speaking publication. Copies of the draft Plan will also be available at the Community/Economic Development Department office at City Hall, at the City Clerk's office, and at public libraries located in the City. A list of the locations of these documents will be included in the summary. Amended and Restated February 21, 2001 Page 6 City of Miami Beach Citizen Participation Plan The City will hold at least two public hearings during the development of the Plan. The purpose of these hearings is to obtain citizen input and to respond to proposals and questions. One of the hearings will be held prior to the development of the draft plan and shall include discussion of the past years' performance. After the draft Plan is published, but prior to adoption of the Plan, a subsequent public hearing will be held. The guidelines for notice of these hearings and the accessibility of the place and times are set out above under the general requirements for public hearings. The City will provide a reasonable number of free copies of the Consolidated Plan to groups and citizens upon request. The City will also make the Consolidated Plan available to the public through publication on the City's Web Site at: httD://ci.miami-beach.fl.us The City will use its best efforts to minimize the displacement of persons in connection with activities covered by the Plan, and to assist those persons displaced, even though the City expects no displacement to occur. In the event that any displacement of persons is expected to occur, the City will notify the public of the exact plans to minimize displacement and assist those persons displaced, specifying the types and levels of assistance made available by the City or by others as required by the City. Notification will be by publication in the non -legal section of the newspaper. A newspaper of general circulation, and, if deemed necessary, a non-English newspaper, will be used. AVAILABILITY OF THE DRAFT CONSOLIDATED PLAN During the development of the Consolidated Plan, and at least thirty (30) days prior to the adoption of the Consolidated Plan by the City of Miami Beach Mayor and City Commission, the draft Plan will be available for public review and a 30 -day period for citizen comments will be provided. The City will consider any comments or views of citizens received in writing, or orally at the public hearings, in preparing the final Consolidated Plan. A summary of the public's views and comments and a summary of any comments or views not accepted and the reasons therefor, will be attached to the final Plan. The draft Plan will be available at: City of Miami Beach Community/Economic Development Department Third Floor City Hall 1700 Convention Center Drive Miami Beach, FL 33139 And on the City's web site: hne://ci.miami-beach.fl.us Amended and Restated February 21, 2001 Page 7 City of Miami Beach Citizen Participation Plan PUBLICATION OF ONE-YEAR ACTION PLAN FOR FEDERAL FUNDS FOR THIRTY DAY COMMENT PERIOD Prior to adoption of the Consolidated Plan, the City of Miami Beach will make available to citizens, public agencies and other interested parties a draft copy of the Consolidated Plan that will include the amounts of assistance expected to be available including all grants and program income. The City will also include information on the range of activities and the income groups expected to be served. This information will be available in draft form at City Hall in the City Clerk's office and public libraries located in the City for a period of at least 15 days prior to submission of the Consolidated Plan to the City Commission for approval. The draft Plan will be available at these locations during normal business hours. Persons needing special assistance in receiving these materials may contact the City Clerk's Office for the needed assistance. The City will work with the Housing Authority to encourage the participation of residents of public and assisted housing in the development of the Consolidated Plan. PROCEDURES FOR HANDLING COMPLAINTS RELATED TO THE CONSOLIDATED PLAN Any citizen may file a written comment or complaint concerning the Consolidated Plan, Plan Amendments, and the annual performance report with the City's Community/Economic Development Department. The Community/Economic Development Department will respond, in writing, to all written citizen complaints within 15 working days, where practicable. CRITERIA FOR AMENDMENT TO THE CONSOLIDATED PLAN The City will amend the Consolidated Plan whenever one of the following decisions is made: (1) To make a change in allocation priorities or a change in the method of distributing funds; (2) To cavy out an activity, using funds from any program covered by the Plan (including program income), not previously described in the One Year Action Plan; or (3) To change the purpose, scope, location or beneficiaries of an activity. Only certain amendments to the Plan are considered "Substantial Amendments", which are subject to the citizen participation process. The following criteria are used by the City to determine if a change to the City's planned or actual activities constitutes a Substantial Amendment to the Consolidated Plan: (1) A change in the use of funding from one eligible use to another; (2) If the service area, budget or beneficiaries is changed so that 50% or more of the intended beneficiaries are no longer able to benefit from the Project. This does not include a budgetary change in a direct benefit or other project where a service or other benefit is available so long as funds are available; Amended and Restated February 21, 2001 Page 8 City of Miami Beach Citizen Participation Plan (3) If the location of the project is changed so that 50% or more of the intended beneficiaries are no longer able to benefit from the project; or (4) If the project's location or eligible recipients are changed so that 50% or more of the intended beneficiaries are no longer able to benefit from the project. THIRTY -DAY COMMENT PERIOD AND PUBLIC HEARING FOR SUBSTANTIAL AMENDMENTS TO THE CONSOLIDATED PLAN If the City determines that a proposed amendment will constitute a Substantial Amendment to the Plan, citizens will be provided with reasonable notice and an opportunity to comment on the proposed Substantial Amendment prior to implementing the Substantial Amendment. A 30 -day public comment period will be announced by publication in the non -legal section of the newspaper. A newspaper of general circulation, and, if deemed necessary, a non-English newspaper, will be used. Comments should be addressed in writing to the Community/Economic Development Department. The City will consider any comments or views received in writing or orally during any public hearings in preparing the Substantial Amendment. A summary of the views and comments, and a summary of any comments or views not accepted, and the reasons therefor, will be attached to the Substantial Amendment to the Plan. Upon adoption of any amendment to the Plan, the City will make the amendment public by filing it with the City Clerk's office. PERFORMANCE REPORTS The City will provide citizens with reasonable notice and an opportunity to comment on performance reports submitted to 14UD. Notice of the availability of performance reports for review will be placed in the non -legal section of the newspaper. A newspaper of general circulation, and if deemed necessary, a non-English newspaper, will be used. There will be a 15 - day comment period during which citizens may comment on the performance report prior to its submission to HUD. The City will consider any comments or views received in writing or orally during any public hearings in preparing the performance report. A summary of the views and comments, and a summary of any comments or views not accepted, and the reasons therefor, will be attached to the performance report. Amended and Restated February 21, 2001 Page 9 City of Miami Beach Citizen Participation Plan THE COMMUNITYDEVELOPMENTADVISORYCOMMITTEE (CDAC) PURPOSE AND FUNCTION OF THE COMMITTEE The Community Development Advisory Committee ("CDAC' or the "Committee") shall serve as an advisory body to the Community/Economic Development Department staff and City Commission on housing and community development issues, representing all residents of Miami Beach especially those directly affected by the Consolidated Plan. The role of the CDAC is to provide input regarding all phases of the housing and community development programs, and to 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 CDAC 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 nor 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 Community/Economic Development Department 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 CDAC Composition The composition of the CDAC shall comply with ordinance 2000-3245, Agencies, Boards and Committees, as the same may be amended from time to time. The Committee shall be composed of fourteen appointed members. All 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 two (2) years (see attached maps). The fourteen appointed 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 the community development program (e.g. planning, law, real estate, social work, housing, homelessness, etc.). However, no CDAC member may submit an application for any CDBG, ESG, HOME, or Section 108 Loan Guarantee funded assistance on any property or business in which they own or retain an interest. In making their appointments, the Commission should also take into consideration the need for representation of low and moderate -income persons, minority citizens, and residents of slum and blighted areas. No City of Miami Beach employee or an appointed or elected official directly involved with the utilization or approval of community development funds and/or expenditures is eligible for membership on the CDAC. Members shall not be in conflict of interest as outlined below. Amended and Restated February 21, 2001 Page 10 City of Miami Beach Citizen Participation Plan Moreover, neither CDAC members nor firms who employ CDAC members may provide consulting or other services to sub -recipients. Conflict Of Interest CDAC 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, 24 CFR 576.57(d) for ESC Program, Florida Statutes 112.3143 (1989), and City of Miami Beach Ordinance 2000-3245, governing Agencies, Boards and Committees, 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. See the attached conflict of interest regulations and ordinances. All City of Miami Beach and/or HUD legal opinions concerning CDAC conflicts of interest will be followed. Vacancies Consistent with the Section entitled "Composition", above and ordinance 2000-3245, vacancies, which may occur on the Committee, shall be filled by a City Commission appointment. The City Manager will give advance notice to the City Commission, by notification in the agenda, of any vacancies on the CDAC. Term Of Appointment The term of appointment shall be for two years, from January 1 st through December 31 st. Committee members may succeed themselves. 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. Direct appointees may serve for no more than eight (8) consecutive years. MEETINGS Compliance with Sunshine Amendment Requirements All meetings of any board or commission of a municipal corporation at which official acts are to be 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 CDAC meetings will comply with the requirements of Florida's "Sunshine Amendment" and will be held in the open. Please see the attached Summary of the Sunshine Amendment requirements. Meeting Notices and Scheduling The Community/Economic Development Department Director, with input from the CDAC 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 the CDAC meetings. Regular meeting notices shall be provided in advance of said meeting. In the case of a Amended and Restated February 21, 2001 Page 11 City of Miami Beach Citizen Participation Plan special meeting, a notice will be made as early as possible in advance of such meeting, by personal communication. The Community/Economic Development Department will make every effort to provide appropriate assistance with the mailing of meeting summaries, agendas and notices. Regular Meetings The CDAC will hold public meetings to discuss and provide recommendations on the proposed use of funds and to 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 the CDBG and ESG component 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 CDAC, may hold neighborhood meetings/ hearings to obtain input directly from those affected; however, CDAC attendance is not mandatory at these special meetings. Annual CDBG, ESG and HOME Planning Phase Meetings The City Administration will determine the annual costs necessary to administer the CDBG, ESG and HOME Program, subject to the caps described above. Also the Administration will 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. The CDAC will support no less than the minimum funding necessary to achieve these goals. The CDAC will then be asked to review the written Request for Proposals from all organizations, in order to recommend funding levels for eligible CDBG and ESG activities. Annual funding decisions are determined each year and are promulgated in a One -Year Action Plan, in accordance with the Consolidated Plan. The citizens will be advised of: ♦ The annual CDBG, ESG and HOME grant amounts anticipated; ♦ The proposed amount of Section 108 Loan Guarantee Program Assistance; ♦ Estimated program income; ♦ The proposed low/moderate income benefits once a Plan or Section 108 Loan Guarantee Program application has been developed; and ♦ Proposed CDBG/Section 108 activities likely to result in displacement (if any) and the types and levels of assistance the grantee will make available to displaced persons, if any. Amended and Restated February 21, 2001 Page 12 City of Miami Beach Citizen Participation Plan Further, 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. During the final stages of the annual planning process for the allocation of federal funds, the CDAC will invite the City Manager to attend the final meeting, so that the City Manager may be apprised of the CDAC's reasons for their proposed recommendations. Following the annual final public hearing on the One -Year Action Plan for Federal Funds, and before the Commission adopts the federal funding recommendations, the CDAC will request of the Mayor and City Commission that the Commission allow the CDAC Chairperson, or their designee, the opportunity to present the majority position of the CDAC before the City Commission. ADDITIONAL REQUIREMENTS The City of Miami Beach Ordinance No.2000-3245, which is attached to this Citizen Participation Plan, and the handbook provided to CDAC members, set out additional requirements governing the operation of the CDAC, including: provisions on positions within the CDAC, minimal requirements for a quorum and voting, and absences and removal, among others. The Handbook is available, upon request, at the Community/Economic Development Department. \\CH2\SYS\DDHP\$ALL\LYSSETTE\ACTPLAN\CPP\CPP 2000.DOC Amended and Restated February 21, 2001 Page 13 City of Miami Beach Low and Moderate Income Areas =Low&Moderate Inc. Water Area -Streets Census Place Block Group V -V OP City of Miami Beach ............. Low and Moderate Income Areas =Low&Moderate Inc. Water Area Streets Census Place Block Group d i i 1 City of Miami Beach Low and Moderate Income Areas ®Low&Moderate Inc. Water Area --- Streets Census Place Block Group ORDINANCE NO. 2000-3245 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 2 OF THE CITY CODE ENTITLED "ADMINISTRATION" BY AMENDING ARTICLE III THEREOF ENTITLED "AGENCIES, BOARDS, AND COMMITTEES" BY AMENDING THE FOLLOWING DIVISIONS AND SECTIONS BY DELETING AT -LARGE APPOINTMENTS, AND BY AMENDING ALL LANGUAGE AND CATEGORIES OF MEMBERSHIP RELATIVE THERETO, AND BY PROVIDING FOR DIRECT APPOINTMENTS BY THE MAYOR AND CITY COMMISSIONERS TO WIT: AMENDING DIVISION 2, ENTITLED "BARRIER -FREE ENVIRONMENT COMMITTEE," BY AMENDING SUBSECTION 2-31(d), ENTITLED "COMPOSITION"; BY AMENDING DIVISION 3, ENTITLED "BEAUTIFICATION COMMITTEE," BY AMENDING SUBSECTION 2-36(d) ENTITLED "COMPOSITION"; BY AMENDING DIVISION 5, ENTITLED "CONVENTION CENTER ADVISORY BOARD" BY AMENDING SUBSECTION 246(d) ENTITLED "COMPOSITION"; BY AMENDING DIVISION 7, ENTITLED "PRODUCTION INDUSTRY COUNCIL" BY AMENDING SUBSECTION 2-71(d) ENTITLED "COMPOSITION"; BY AMENDING DIVISION 8 ENTITLED "GOLF ADVISORY COMMITTEE" BY AMENDING SUBSECTION 2-76(d) ENTITLED "COMPOSITION"; BY AMENDING DIVISION 12 ENTITLED "LOAN REVIEW COMMITTEE" BY AMENDING SUBSECTION 2-166(d) ENTITLED "COMPOSITION"; BY AMENDING DIVISION 13 ENTITLED "PARKS AND RECREATIONAL FACILITIES BOARD" BY AMENDING SUBSECTION 2-171 (d) ENTITLED "COMPOSITION"; BY AMENDING DIVISION 14 ENTITLED "SAFETY COMMITTEE" BY AMENDING SUBSECTION 2-176 (d) ENTITLED "COMPOSITION"; BY AMENDING DIVISION 16 ENTITLED "YOUTH CENTER ADVISORY BOARD" BY AMENDING SUBSECTION 2-186(d) ENTITLED "COMPOSITION"; BY AMENDING DIVISION 18 ENTITLED "COMMUNITY RELATIONS BOARD" BY AMENDING SECTION 2-190.14 ENTITLED "COMPOSITION"; BY AMENDING DIVISION 19, ENTITLED "HISPANIC AFFAIRS COMMITTEE" BY AMENDING SECTION 2-190.24 ENTITLED "COMPOSITION"; BY AMENDING DIVISION 20, ENTITLED "POLICE/CITIZEN RELATIONS COMMITTEE" BY AMENDING SECTION 2-190.30 ENTITLED "COMPOSITION"; BY AMENDING DIVISION 21 ENTITLED "MARINE AUTHORITY" BY AMENDING SECTION 2-190.48 ENTITLED "MEMBERSHIP"; BY AMENDING DIVISION 24 ENTITLED "CONVENTION CENTER CAPITAL PROJECTS OVERSIGHT COMMITTEE" BY AMENDING SECTION 2-190.83 ENTITLED "COMPOSITION"; BY AMENDING DIVISION 26 ENTITLED "COMMUNITY DEVELOPMENT ADVISORY COMMITTEE" BY AMENDING SECTIONS 2-190.109 ENTITLED "COMPOSITION," 2-190.110 ENTITLED "CITY AFFILIATION," AND 2-190.111 ENTITLED "KNOWLEDGE AND EXPERIENCE"; PROVIDING FOR REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in order to provide greater efficiency in the selection and operation of the various boards and committees within the City of Miami Beach, new appointments by the Mayor and City Commission should be direct appointments and made individually by the Mayor and City Commissioners as opposed to at -large appointments. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That the Miami Beach City Code, Chapter 2 entitled "Administration," Article 3 entitled "Agencies, Boards, and Committees" be amended to read as follows: Chapter 2 ADMINISTRATION Article III. Agencies, Boards and Committees DIVISION 2. BARRIER -FREE ENVIRONMENT COMMITTEE Sec. 2-31. Established; purpose; composition (d) Composition. The barrier -free environment committee shall be composed of five seven voting members who shall be direct appointed= by the muor city commission.= at- imge and six nonvoting ex officio members. Consideration shall be given, but not limited to, the following categories: persons having mobility impairment; deaf and/or hard -of -hearing persons in the community; blind and/or vision -impaired persons in the community; mental, cognitive or developmental disabilities; children with developmental disabilities; children with physical disabilities; and the industries of tourism and convention, retail, hospitality (restaurant or hotel), and health care (or rehabilitation). The nonvoting ex officio members shall be the director of the office of children's affairs, a designee of the building services department director, a designee of the parks and recreation director, a designee of the police chief, a designee of the parking department director and the city's ADA coordinator or his designee. The city attorney's office shall provide legal counsel. # # i DIVISION 3. BEAUTIFICATION COMMITTEE Sec. 2-36. Established; purpose; powers and duties; composition. # + # (d) Composition. The committee shall consist of eight members, 4,,,o:.::od a I: 6 ty-the -.e Z., seven of whom shall be direct apnointees by the myor and city commissioners. (1) One iandseape arehite-et. _„-Sessional. l Q3) ]lu Lv ei'tizertshar...fj GAG✓.S Lsiien in die areas efhertiettitme; eenft-aeting. (-5) The Chairperson of the mayor's ad hoc garden center and conservatory advisory committee, or designee, who shall serve as a nonvoting, ex officio member. DIVISION 5. CONVENTION CENTER ADVISORY BOARD Sec. 2-46. Established; purpose; powers and duties; composition. (d) Composition. There shall be 14 voting members of the board; nine of whom shal appointed a. I,;.g„ LS , l:..e inembet the mayor and each commissioner shall make two direct appointments. (e..,. r..,...... -.,'user of the Miami Beneh GenveMien Gente 3 (6) -moi - The chairperson of the board of directors of the Miami Beach Chamber of Commerce or his designee shall serve as a nonvoting, ex officio member. The chairperson of the board of directors of the Greater Miami Convention and Visitors Bureau or his designee shall serve as a nonvoting, ex officio member. Administrative representatives from the management group, Greater Miami Convention and Visitors Bureau and the city manager's office shall serve as nonvoting, ex officio members. DIVISION 7. PRODUCTION INDUSTRY COUNCIL Sec. 2-71. Established; purpose; powers and duties; composition. (d) Composition. The council shall be composed of 44 i voting members,,; including nine 1: 6the mayor and each commissioner shall make ft -'60 direct aopointment5. a€-the-eif�- P T.._ at -large. Representatives from the Miami -Dade Office of Film, Television and Print, and the city film, television and print office shall be included as nonvoting, ex officio members. (e)—Ekeaffi t:: Tl t.. aSL :_ t :tee 1. l! %iftil the city a€ElittlL._ __..,c:her-e!!.,`l'_1 ___- , :ysr Vic! ? 1 =_ 1enE of the city for ... ..: .. ,;£two years. Z�twa years in ' W.__:_ ..0 .y1� L _-5two-why (0(1j Knowledge and experience. All regular members shall have knowledge of the fashion, film, television, jj or recording industries of the city. Each of the few industries shall be represented by at least one member, but no more than three members, who are directly involved with that industry. (OW Supporting department. The supporting department of the committee is the office of tit DIVISION 8. GOLF ADVISORY COMMITTEE Sec. 2-76. Established; purpose; powers and duties; composition. (d) Composition. The committee shall be composed of ten twelve members, nine eleven of whom shall be voting members: (1) five Seven voting members appointed by direct appointment "e mavor and citv commission= at large. (2) Four voting members, who shall be the presidents of the Bayshore and Normandy Shores Men's and Women's Golf Associations, respectively, and who shall serve on the committee during their tenure of office as such presidents. The city manager or his designee shall serve as a nonvoting, ex officio member. The chairperson of the golf advisory committee or his designee shall serve as a nonvoting, ex officio member of the recreational centers and parks facilities board, to be renamed the parks and recreational facilities board. DIVISION 12. LOAN REVIEW COMMITTEE Sec. 2-166. Established; purpose; powers and duties; composition. (d) Composition. The LRC shall consist of 2:,..........? seven voting members, of whom veting ...o..:Jc.., ;:r :,::... j k, shall be direct appointments by the payor and city commissioners-. : t,..a. w..t South BeaeIlTlaW.. LLUGu Sa1.a11 L�. uLiilaLf. uJ iNl�'Yv'J. Y IUa ila a7 L4f.'a!'15'il.:. Lu..r ..u. u. u. 6gth Street to 843. Tt.,..,.,, V.'Jd ;. Ct L. area from 67th Otr__t to the Il_d (2) —On:, E,:...A .,...r:.». (3) ..., ......1 emdif€crent Priv .:c..d . ,. The finance director or his 9r her designee and the city manager or his or her designee shall serve as nonvoting, ex officio members. A member of the community development advisory committee (CDAC) shall be designated to serve as a nonvoting, ex officio member of the LRC, in order to facilitate communications between the LRC and CDAC. DIVISION 13. PARKS AND RECREATIONAL FACILITIES BOARD Sec. 2-171. Established; purpose; composition. a s + (d) Composition. The parks and recreational facilities board shall be comprised of 43 A members: (1) Seven direct appointments, one made by the mayor and each commissioner. e.,:.e:��i__.'.............1iag-Sentl_^c,..?_,P�:a3Ps=,�:.�.....�=i✓.'�..7,.�.,:r. (2) (3) The chairpersons of the following boards/committees or their designees shall serve as nonvoting, ex officio members of the parks and recreational facilities board: a. The beautification committee. b. The golf advisory committee. C. The youth center advisory board. + + r DIVISION 14. SAFETY COMMITTEE Sec. 2-176. Established; purpose; powers and duties; composition. s s s 21 (d) Composition. The committee shall be composed of 44 JA members who shall be (}) Seven direct appointments, em two =ointments shall be made by the mayor and each commissioner. j. V- pt 6� ^,,L--/-.. _r: L� _,_. ___.: T rr _.t- a et:astrepresent DIVISION 16. YOUTH CENTER ADVISORY BOARD Sec. 2-186. Established; purpose; powers and duties; composition. (d) Composition. The board shall consist of 4-219 members, trine seven of whom shall be voting members as follows: Seven individual appointments who must have an affiliation with the Scott Rakow Youth Center, either through past service on the committee or present participation in youth center activities by their children. Two student resident users of the facility shall serve as nonvoting, ex officio members. One of these student users must attend a middle school and the other must attend a high school. The director of the office of children's affairs shall serve as a nonvoting, ex officio member. The chairperson of the youth center advisory board or his designee shall serve as a nonvoting, ex officio member of the recreational centers and parks facilities board, to be renamed the "parks and recreational facilities board." DIVISION 18. COMMUNITY RELATIONS BOARD Sec. 2-190.14. Composition. There shall be 4-i 13 members of the board, 44 Z of whom shall be voting members: (1) Seven direct appointments, with the mayor and each city commissioner appointing a member. We,) 'Ff. .._.-_.-..6 fEour positions shall be appointed by the ei!, shall serve as nonvoting, ex officio members, and shall be 1bf, chairperson or designees of the following: a. Commission on the status of women. b. Committee on the homeless. C. Hispanic affairs committee. d. Police/citizen relations committee. A representative freen tjhe police deportment chief or his or her de iga= shall serve as a nonvoting, ex officio member of the board. The director of the bureau of children's affairs shall serve as a nonvoting, ex officio member. The composition of the board shall be reviewed every two years. (Ord. No. 97-3086, § 2.6, 7-2-97) DIVISION 19. HISPANIC AFFAIRS COMMITTEE Sec. 2-190.24. Composition. The committee shall consist of nine seven members, with the mayor and each commissioner making one appointment;and-3::.::__ ':_:_e ts:;, t:. 1.:, r:.::_.ed-at-large. The chairperson of the Hispanic affairs committee or his designee shall serve as a nonvoting, ex officio member of the community relations board. (Ord. No. 97-3086, § 2.12, 7-2-97) DIVISION 20. POLICE/CITIZEN RELATIONS COMMITTEE See. 2-190.39. Composition. The committee shall consist of+4 JI members, +- JA of whom shall be voting members. The veting members shall be direct appointments, with the mayor and city commissioners, each making one two individual appointmcnta4 and four add ::—,t! rr �.L..:.to be made by is majority -vote One nonvoting ex officio member shall be from the nonadministrative personnel of the police department selected by a majority vote of the nonadministrative personnel. Two additional nonvoting ex officio members shall be the police chief (or a designee) and the city attorney (or a designee). The chairperson of the committee or his designee shall serve as a nonvoting, ex officio member of the community relations board. The police/citizen relations committee shall be assigned to the police department. (Ord. No. 97-3086, § 2.19, 7-2-97) DIVISION 21. MARINE AUTHORITY Sec. 2-190.48. Membership. (a) Composition. The marine authority shall consist of six seven members, &ve voting members who shall be direct appointedmc= by the mayor and city commission= at large, and one nonvoting, ex officio member of the authority, who shall be a representative of the city marine patrol. (b) Knowledge and experience. Appointments to the authority shall consist of individuals who have had previous experience in the operation of or inspection of either marine vessels or marine facilities, including experience in various types of boat activities, including fishing in the waterways of the city. The members of the marine authority shall have the right and duty to consult with any member of the city administration for technical or other information pertaining to the matters before them. (Ord. No. 97-3086, §§ 2.15.4, 2.15.5, 7-2-97) DIVISION 24. CONVENTION CENTER CAPITAL PROJECTS OVERSIGHT COMMITTEE Sec. 2-190.83. Composition. (a) Composition. The capital projects oversight committee shall consist of seven voting members to be direct appointedmeuta by the mayor and city commission ua ai :a go, U :.. i -d3 a, least! (2) 0— 1....__kneter, (3) 9. -.- The city commission may appoint, by a majority vote, nonvoting, ex officio members to assist the committee in fulfilling its defined purposes. (b) Qualifications. The city affiliation requirement for membership shall be fulfilled in either of the following ways: (1) An individual has been a resident of the city for a minimum of twe yearssix months. (2) An individual can demonstrate ownership/interest for a minimum of , .. ob MUft in a business established in the city for a minimum of two years six months. Exception to subsections (b)(1) and (b)(2) above, shall be permitted if the committee requires the membership of an individual with a specific position, knowledge, experience or expertise not available in another individual who may comply with the terms of subsections (b)(b) and/or (b)(2) above. Each member shall be of outstanding reputation of integrity, responsibility and commitment to serving the community. Before assuming the duties of office, each voting member on the committee shall take the prescribed oath of office. Members of the committee shall serve without compensation. (c) Appointment and term of members; filling vacancies. The members of the committee shall be div& appointed=at !erg e by the mayor end city commission=. The initial appointment of members shall be for a term beginning on the date of their appointment and ending at the conclusion of the existing members' terms. All members shall be subsequently appointed for a term of two years and such terms shall run on a staggered basis. No two members shall be connected or have any financial ties with the same business entity. Vacancies shall be filed b"S . a, for the unexpired period in the same manner as the original appointment for which the vacancy exists. Members shall serve until the expiration of their terms or until successors are appointed. Nonvoting, ex officio members shall be appointed by a majority vote of the city commission. Nonvoting, ex officio members may be appointed for a term not to exceed the term of the committee members. (d) Removal of members. (1) By vote of commission. The voting members shall serve at the pleasure of the city commission. Any member of the committee may be removed from office by a four sevenths vote of the city commission. Nonvoting, ex officio members shall serve at the pleasure of the city commission. Any nonvoting , ex officio member of the committee may be removed from office by a majority vote of the city commission. 10 DIVISION 26. COMMUNITY DEVELOPMENT ADVISORY COMMITTEE Sec. 2-190.109. Composition. The community development advisory committee shall be composed of 44 j4 appeirft members. Seven members simfl be The mayor and city commissioners shall each make two direct appointments,, -L.:, -_ ... �:-:--6 " (Ord. No. 97-3086, § 2.5, 7-2-97) See. 2-190.110. City affiliation. (aj The seven fourteen direct appointees shall fulfill the city affiliation requirement in either of the following ways: (1) An individual has been a resident of a locally designated community development target area for a minimum of two years six months. (2) An individual can demonstrate ownership/interest for a minimum of in a business established in a locally designated community development target area for a minimum of twoyears six months. N) s l.., Servat 't .6. 2.42 ftM0 Sal:"—*.... either of cya (d-) Ait individ_-._11..:L gyp_ . _ fthe e.. fl. _. '_ `. :.f t ...`tw'e years. (Ord. No. 97-3086, § 2.5, 7-2-97) Sec. 2-190.111. Knowledge and experience. The at large members shall be appointed to represent citywide concerns, and should be selected on the basis of their ability to provide expertise in areas of relevance to the community development program, e.g., planning, law, real estate, social work, etc. However, no CDAC member may submit an application for any CDBG, HOME, ESGP, or section 108 loan guarantee funded assistance on any property or business that they own or retain an interest in. In making their appointments, the commission should also take into consideration the need for representation of low and moderate income persons, minority citizens and residents of slum and blighted areas. 11 (Ord. No. 97-3086, § 2.5, 7-2-97) All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. This Ordinance shall take effect on the 3rd day of June 2000 PASSED and ADOPTED this 24th day of May , 2000. ATTEST: P4 j -, CITY CLERK 1st reading 5/10/00 2nd reading 5/24/00 Dmrg F Un0\TURMORDWM0R0ARDCM3.M 6/2/00 12 04 MAYOR I APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION T OFFICE OF THE CITY ATTORNEY 64 O/VT" W Wd" F L O R 1 D A MURRAY H. DUBBIN Telephone: 305 673-7470 City Attorney s'� n`, Telecopy: ( ) py: (305)673-7002 COMMISSION MEMORANDUM NO. x{ --27-0o TO: Mayor Neisen O. Kasdin and DATE: May 24, 2000 Members of the City Commission FROM: Murray H. Dubbin City Attorney nM �� � ov SECOND READING/PUBLIC HEARING SUBJECT: ORDINANCE AMENDING CHAPTER 2 OF THE CITY CODE PROVIDING FOR DIRECT APPOINTMENTS, DELETING AT -LARGE APPOINTMENTS, AND AMENDING ALL LANGUAGE AND CATEGORIES OF MEMBERSHIP RELATIVE THERETO, WITH RESPECT TO CERTAIN BOARDS AND COMMITTEES. Pursuant to the request of Vice Mayor David Denner, the above referenced Ordinance is submitted for consideration by the Mayor and City Commission. This Ordinance is proposed in order to provide greater efficiency in the selection and operation of certain boards and committees in the City by providing for direct, instead of at -large, appointments by the Mayor and City Commissioners. Some minor revisions have been made since first reading to Sections 2-41(2),2-71, 2-190.83(b)(2), and 2-190.110(2). Also, the effective date language has been modified to allow for the number of board and committee members to be expanded within 10 days of the Ordinance's adoption, but not reduced until January 1, 2001 when membership terms will be subject to reappointment.This Ordinance will apply to the following boards and committees which did not already provide for the direct appointment of regular members: - Barrier Free Environment Committee - Beautification Committee - Budget Advisory Committee - Convention Center Advisory Board - Cultural Arts Council - Production Industry Council - Golf Advisory Committee - Loan Review Committee - Parks and Recreational Facilities Board Safety Committee Youth Center Advisory Board 1700 Convention Center Drive -- Fourth Floor -- Miam. Community Relations Board Hispanic Affairs Committee Police/Citizen Relations Committee Marine Authority Convention Center Capital Projects Oversight Committee Community Development Advisory Committee (This Ordinance was deferred on Second Reading from the May 10, 2000 City Commission meeting). cc: Lawrence A. Levy City Manager P\AllQN0.MC0EPO.QAg90 Ml "C OFFICE OF THE CITY ATTORNEY .1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 CITY OMIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http Act miami-beach.fl us COMMISSION MEMORANDUM NO. 8S-0/ TO: Mayor Nelsen O. Kasdin and DATE: February 21, 2001 Members of the City Commission FROM: Jorge M. Gonzalez City Manager SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING AND RESTATING THE CITIZEN PARTICIPATION PLAN IN ORDER TO CONFORM WITH THE FEDERAL REGULATIONS GOVERNING THE CONSOLIDATED PLAN AND CITY OF MIAMI BEACH ORDINANCE NO. 2000-3245, GOVERNING AGENCIES, BOARDS AND COMMITTEES. I`Suitt,`1T3Il1711111 -1m. %1To►1 Adopt the Resolution. ANALYSIS The City of Miami Beach is a recipient of Community Development Block Grant (CDBG); Emergency Shelter Grants (ESG); HOME Investment Partnerships (HOME); and Economic Development Initiative (EDI) federal grant funds. The Consolidated Plan is both a planning document and an application for federal funds, and covers the CDBG, HOME, ESG and Housing Opportunities for Persons with AIDS formula grant programs. As a recipient of such funds, the regulations for the U.S. Department of Housing and Urban Development (IIUD) require that the City have a detailed Citizen Participation Plan in order to receive federal grant funds. The Department of Community / Economic Development is responsible for program compliance under HUD regulations for these funds. The Citizen Participation Plan contains the City's policies and procedures for public involvement in the Consolidated Plan process and the use of Community Development Block Grant (CDBG); HOME Investment Partnerships (HOME); Emergency Shelter Grants (ESG); the Section 108 Loan program; and Economic Development Initiative (EDI) grant funds. The federal regulations governing the Consolidated Plan also stipulate that the City amend its locally adopted Citizen Participation Plan to reflect changes in the citizen participation process. The Citizen Participation Plan must be available to the public and both provide for and encourage citizen participation, emphasizing involvement by low- and moderate -income people -- especially those living in low- and moderate -income neighborhoods. AGENDA ITEM C7' / DATE n�-al-01 COMMISSION MEMORANDUM FEBRUARY 21, 2001 PAGE 2 The Mayor and City Commission adopted the existing Citizen Participation Plan on July 19, 1978, via Resolution No. 78-15672. The same 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); and October 7, 1998 (via Resolution No. 98-22927.) On May 24, 2000, the Mayor and City Commission adopted Resolution 2000-3245, which made changes to the City Ordinance governing Agencies, Boards and Committees. Upon review of the impact of said resolution on the Citizen Participation Plan, the Department of Community / Economic Development has determined that the current Citizen Participation Plan requires amendment due to changes in the City ordinance governing membership on advisory boards in general and the Community Development Advisory Committee (CDAC) in particular. In addition, the Department of Community / Economic Development has determined that the language of the prior Citizen Participation Plans need to be streamlined, updated and reorganized. The Citizen Participation Plan has been amended as follows: 1. The text has been streamlined and reorganized. 2. Provisions that relate to the internal operation of CDAC as a City committee have been removed from the Citizen Participation Plan to be separately stated in a CDAC handbook. 3. The new and/or amended portions of the Citizen Participation Plan incorporate the changes to the City ordinance governing Agencies, Boards and Committees. The revisions to this document are to conform with City Ordinance No. 2000-3245, which sets out the standards for all City Agencies, Boards and Committees and with HUD requirements for the Citizen Participation Plan and the Consolidated Plan. To assure the participation of citizens on the intended revisions, the Department of Community / Economic Development published notices of a thirty -day public comment period for the proposed revisions in the Neighbors section of The Miami Herald and in the Miami -Dade Hola Amigos newspaper on January 18, 2001. Said notices stated that draft copies of the proposed revisions to the Citizen Participation Plan would be available for public review at the City Clerk's Office and in the Community/Economic Development Department. No public comments were received during the thirty -day comment period. Copies of the proposed Citizen Participation Plan were also distributed to members of the Community Development Advisory Committee (CDAC) for their review at the meeting held on January 30, 2001. After recommending that the CDAC officer position of Recording Secretary be eliminated, CDAC unanimously approved the Administration's recommendations for adoption of the revised Citizen Participation Plan. The Administration recommends that the Mayor and City Commission adopt the attached Resolution COMMISSION MEMORANDUM FEBRUARY 21, 2001 PAGE 3 amending and restating the Citizen Participation Plan in order to conform with the federal regulations governing the Consolidated Plan and City of Miami Beach Ordinance No. 97-3086 governing A §encies, Boards and Committees. JMG/1' c F \DDHPISA LUYSSETUE MLA CP%Commusion Memo d.,