20150318 AM21915.20r5
MIAMIBEACH
Presentations & Awards/City Commission Meeting
ADDENDUM MATERIAL2
City Hall, Commission Ghambers, 3rd Floor, 1700 Convention Center Drive
March 18,2015
Mayor Philip Levine
Vice-Mayor Jonah Wolfson
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
VisrT us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of alt lobbyists with the Gity Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Gommittee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
ADDENDUM AGENDA
R7 - Resolution
R7G A Resolution Accepting The Recommendation Of The Mayor's Blue Ribbon Panel On Flooding
And Sea Rise, And Submitting Comments To The Federal Emergency Management Agency
Regarding The Proposed Revised Guidelines For lmplementing Executive Order 1 1988, Entitted
"Floodplain Management," As Amended By Executive Order 13690 [Docket lD FEMA-2O15-
00061.
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Office of the City Attorney)
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OFFICE OF THE CITY ATTORNEY
RAULJ, AGUILA, CITY ATTORNEY
TO:
COMMISSION MEMORANDUM
Mayor Philip Levine
Members of the City Gommission
City Manager Jimmy Morales
FROM:
DATE:
city Attorney Raul J. Asu83 g {-
March 18,2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THECITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE MAYOR'S BLUE RIBBON PANEL ON
FLOODING AND SEA RISE, AND SUBMITTING COMMENTS TO THE
FEDERAL EMERGENCY MANAGEMENT AGENCY REGARDING THE
PROPOSED REVISED GUIDELINES FOR IMPLEMENTING
EXECUTIVE ORDER 1 1988, ENTITLED "FLOODPLAIN
MANAGEMENT," AS AMENDED BY EXECUTIVE ORDER 13690
lDocKET tD FEMA-201 5-00061.
Pursuant to the request of Commissioner Joy Malakoff, the attached Resolution
is submitted for consideration by the Mayor and City Commission.
On January 30, 2015, President Obama issued Executive Order 13690 (attached
hereto) that declared that the "Federal Government must take action, informed by the
best-available and actionable science, to improve the Nation's preparedness and
resilience against flooding," established a new Federal Flood Risk Management
Standard (FFRMS) that amended the prior standard established in 1977 in Executive
Order 1 1988, and solicited public input prior to the implementation of the new FFRMS.
The FFRMS will give federal agencies flexibility in establishing flood elevations for
federally-funded construction projects by authorizing the use of one of three methods: a
climate-informed science approach, a freeboard approach, and a 500-year flood
elevation approach, instead of the prior standard that solely utilized a 1O0-year
floodplain method.
At the meeting of the Mayor's Blue Ribbon Panel on Flooding and Sea Rise on
March 17, 2015, the Panel passed a motion recommending that the Mayor and City
Commission direct the City Administration to prepare comments for submission to the
Federal Emergency Management Agency ("FEMA") on or before April 6, 2015, or on or
Agenda ftem R1 e
Date 3-lE-l:f3
Resolution
March 18,2015
Page 2
before the expiration of any extended comment period, regarding the Revised
Guidelines for implementing Executive Order 1 1988, as amended by Executive Order
13690, that are consistent with the City of Miami Beach's policies and positions
regarding sea level rise and floodplain management.
Comments on the Revised Guidelines for Implementing Executive Order 11988,
as amended by Executive Order 13690, are due to be filed with FEMA on or before April
6,2015, unless that deadline is extended.
The attached Resolution, and a corresponding motion directing the City
Administration to develop comments to be attached thereto that are consistent with the
City's policies and position regarding sea level rise and floodplain management, is
submitted for consideration by the Mayor and City Commission so that the City's input
may be timely received by the Federal Government. The new FFRMS will have
implications for all federal construction projects as well as City construction projects that
are federally funded.
F:\ATTO\TURN\COMMMEMO\Floodplain and Sea Rise.docx
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Establishing a Federal Flood Risk Management Standard and a..., 80 FR 6425
Exec. Order No. rg69 o8o FR 64z5zo r 5 WL 43r4o 4(Pres.)
Executive Order 1369o
Establishing a Federal Flood Risk Management Standard and a
Process for Further Soliciting and Considering Stakeholder Input
January 30, 2o1S
*6425 By the authority vested in me as President by the Constitution and the laws of the United States of America, and in
order to improve the Nation's resilience to current and future flood risk, I hereby direct the following:
Section 1 . Policy. It is the policy of the United States to improve the resilience of communities and Federal assets against the
impacts of flooding. These impacts are anticipated to increase over time due to the effects of climate change and other threats.
Losses caused by flooding affect the environment, our economic prosperity, and public health and safety, each of which affects
our national security.
The Federal Govemment must take action, informed by the best-available and actionable science, to improve the Nation's
preparedness and resilience against flooding. Executive Order 11988 of May 24, 1977 (Floodplain Management), requires
executive departments and agencies (agencies) to avoid, to the extent possible, the long- and short-term adverse impacts
associatedwith the occupancy and modification of floodplains and to avoid direct or indirect support of floodplain development
wherever there is a practicable alternative. The Federal Govemment has developed processes for evaluating the impacts of
Federal actions in or affecting floodplains to implement Executive Order 11988.
As part of a national policy on resilience and risk reduction consistent with my Climate Action Plan, the National Security
Council staffcoordinated an interagency effort to create a new flood risk reduction standard for federally funded projects. The
views of Governors, mayors, and other stakeholders were solicited and considered as efforts were made to establish a new flood
risk reduction standard for federally funded projects. The result of these efforts is the Federal Flood Risk Management Standard
(Standard), a flexible framework to increase resilience against flooding and help preserve the natural values of floodplains.
Incorporating this Standard will ensure that agencies expand management fiom the current base flood level to a higher vertical
elevation and corresponding horizontal floodplain to address current and future flood risk and ensure that projects funded with
taxpayer dollars last as long as intended.
This order establishes the Standard and sets forth a process for further solicitation and consideration ofpublic input, including
from Governors, mayors, and other stakeholders, prior to implementation of the Standard.
Sec. 2. Amendments to Executive Order 11988. Executive Order 11988 is amended as follows:
(a) Section 2 is amended by inserting ", to the extent permitted by law" after "as follows".
(b) Section 2(a)(1) is amended by striking "This Determination shall be made according to a Department of Housing and Urban
Development (HUD) floodplain map or a more detailed map of an area, if available. If such maps are not available, the agency
shall make a determination of the location of the floodplain based on the best-available information. The Water Resources
Council shall issue guidance on this information not later than October l, 1977" and inserting in lieu thereof "To determine
whether the y6426action is located in a floodplain, the agency shall use one ofthe approaches in Section 6(c) ofthis Order based
on the best-available information and the Federal Emergency Management Agency's effective Flood Insurance Rate Map".
(c) Section 2(a)(2) is amended by inserting the following sentence after the first sentence:
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Establishing a Federal Flood Risk Management Standard and a..., 80 FR 6425
"Where possible, an agency shall use natural systems, ecosystem processes, and nature-based approaches when developing
altematives for consideration.".
(d) Section 2(d) is amended by striking "Director" and inserting "Administrator" in lieu thereof.
(e) Section 3(a) is amended by inserting the following sentence after the first sentence:
"The regulations and procedures must also be consistent with the Federal Flood Risk Management Standard (FFRMS).".
(f) Section 3(a) is further amended by inserting "and FFRMS" after "Flood Insurance Program".
(g) Section 3(b) is amended by striking "base flood level" and inserting "elevation ofthe floodplain as defined in Section 6(c)
of this Order" in lieu thereof.
(h) Section 4 is revised to read as follows:
"In addition to any responsibilities under this Order and Sections 702,202, and 205 of the Flood Disaster Protection Act of
7973, as amended (42 U.S.C. 4012a,4106, and 4128), agencies which guarantee, approve, regulate, or insure any financial
transaction which is related to an area located inanarca subject to the base flood shall, prior to completing action on such
transaction, inform any private parties participating in the transaction ofthe hazards oflocating structures in the area subject
to the base flood.".
(i) Section 6(c) is amended by striking ", including at a minimum, that area subject to a one percent or greater chance of flooding
in any given year" and inserting in lieu thereof:
". The floodplain shall be established using one of the following approaches:
"(1) Unless an exception is made under paragraph (2), the floodplain shall be:
"(i) the elevation and flood hazard area that result from using a climate-informed science approach that uses the best-available,
actionable hydrologic and hydraulic data and methods that integrate current and future changes in flooding based on climate
science. This approach will also include an emphasis on whether the action is a critical action as one of the factors to be
considered when conducting the analysis;
"(ii) the elevation and flood hazardarea that result from using the freeboard value, reached by adding an additional 2 feet to the
base flood elevation for non-critical actions and by adding an additional 3 feet to the base flood elevation for critical actions;
"(iii) the area subject to flooding by the 0.2 percent annual chance flood; or
"(iv) the elevation and flood hazard area that result from using any other method identified in an update to the FFRMS.
"(2) The head ofan agency may except an agency action from paragraph (1) where it is in the interest ofnational security, where
the agency action is an emergency action, where application to a Federal facility or structure is demonstrably inappropriate, or
where the agency action is a mission-critical requirement related to a national security interest or an emergency action. When
an agency action is excepted from paragraph (1) because it is in the interest ofnational security, it is an emergency action, or
y6427it is a mission-critical requirement related to a national security interest or an emergency action, the agency head shall
rely on the area ofland subject to the base flood".
O Section 6 is further amended by adding the following new subsection (d) at the end:
519x1 .::) 2
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Establishing a Federal Flood Risk Management Standard and a..., 80 FR 6425
"(d) The term'critical action' shall mean any activity for which even a slight chance of flooding would be too great.".
(k) Section 8 is revised to read as follows:
"Nothing in this Order shall apply to assistance provided for emergency work essential to save lives and protect property and
public health and safety, performed pursuant to Sections 403 and 502 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act of 1988 (42 U.S.C. 5170b and 5192).".
Sec. 3. Agency Action. (a) Prior to any action to implement the Standard, additional input from stakeholders shall be solicited
and considered. To carry out this process:
(i) the Federal Emergency Management Agency, on behalf of the Mitigation Framework Leadership Group, shall publish for
public comment draft amended Floodplain Management Guidelines for Implementing Executive Order 11988 (Guidelines) to
provide guidance to agencies on the implementation of Executive Order 11988, as amended, consistent with the Standard;
(ii) during the comment period, the Mitigation Framework Leadership Group shall host public meetings with stakeholders to
solicit input; and
(iii) after the comment period closes, and based on the comments received on the draft Guidelines during the comment
period, in accordance with subsections (a)(i) and (ii) of this section, the Mitigation Framework Leadership Group shall provide
recommendations to the Water Resources Council.
(b) After additional input from stakeholders has been solicited and considered as set forth in subsections (a)(i) and (ii) ofthis
section and after consideration of the recommendations made by the Mitigation Framework Leadership Group pursuant to
subsection (a)(iii) of this section, the Water Resources Council shall issue amended Guidelines to provide guidance to agencies
on the implementation of Executive Order 11988, as amended, consistent with the Standard.
(c) To the extent permitted by law, each agency shall, in consultation with the Water Resources Council, Federal Interagency
Floodplain Management Task Force, Federal Emergency Management Agency, and Council on Environmental Quality, issue
or amend existing regulations and procedures to comply with this order, and update those regulations and procedures as
warranted. Within 30 days of the closing of the public comment period for the draft amendments to the Guidelines as described
in subsection (a) of this section, each agency shall submit an implementation plan to the National Security Council staff that
contains milestones and a timeline for implementation of this order and the Standard, by the agency as it applies to the agency's
processes and mission. Agencies shall not issue or amend existing regulations and procedures pursuant to this subsection until
after the Water Resources Council has issued amended Guidelines pursuant to subsection (b) of this order.
Sec. 4. Reassessment. (a) The Water Resources Council shall issue any further amendments to the Guidelines as warranted.
(b) The Mitigation Framework Leadership Group in consultation with the Federal Interagency Floodplain
Management Task Force shall reassess the Standard annually, after seeking stakeholder input, and provide
recommendations to the Water Resources Council to update the Standard if warranted based on accurate
and actionable science that takes into account changes to climate and other changes in flood risk. The Water
Resources Council shall issue an update to the Standard at least every 5 years.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: *6428
(i) the authority granted by law to an executive department, agency, or the head thereof; or
ii'al
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Establishing a Federal Flood Risk Management Standard and a..., 80 FR 6425
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative
proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any
other person.
(d) The Water Resources Council shall carry out its responsibilities under this order in consultation with the Mitigation
Framework Leadership Group.
BARACKOBAMA
THE WHITE HOUSE,January 30,2015.
Exec. OrderNo. 1369080 FR 64252015 WL 431404(Pres.)
End of Document O 201 5 Thomson Reuters. No claim to original Li.S. Covernment Worlts.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
MAYOR'S BLUE RIBBON PANEL ON FLOODING AND SEA RISE, AND
SUBMITTING COMMENTS TO THE FEDERAL EMERGENCY MANAGEMENT
AGENCY REGARDING THE PROPOSED REVISED GUIDELINES FOR
IMPLEMENTING EXECUTIVE ORDER 11988, ENTITLED "FLOODPLAIN
MANAGEMENT," AS AMENDED By EXECUTIVE ORDER 13690 [DOCKET tD
FEMA-2015-00061.
WHEREAS, Mayor Philip Levine, in his testimony before the Subcommittee on Space
and Science of the U.S. Senate Committee on Commerce, Science, and Transportation, on
April 22, 2014, declared that the City of Miami Beach's "geographic location and low-lying
topography make us inherently vulnerable to flooding, storm surge, and other climate change
impacts"; and
WHEREAS, the City of Miami Beach ("City") has championed efforts to address the
effects of sea level rise and to ensure the City's resiliency by investing millions of dollars in its
infrastructure for flood mitigation; and
WHEREAS, the City is strengthening its land development regulations to, among other
things, establish a mandatory Miami Beach freeboard requirement and increased minimum
height standards for seawalls, crowns of roads, and curb inlets; and
WHEREAS, on January 30, 2015, President Barack Obama issued Executive Order
13690, titled "Establishing a Federal Flood Risk Management Standard and a Process for
Further Soliciting and Considering Stakeholder lnput," (the "Executive Orde/') amending
Executive Order 1 1988, entitled "Floodplain Management"; and
WHEREAS, the Executive Order requires Federal agencies to avoid, to the extent
possible, the long and short-term adverse impacts associated with the occupancy and
modification of floodplains; and
WHEREAS, the Executive Order also requires that Federal agencies minimize potential
harm to people and property and to natural and beneficialfloodplain values; and
WHEREAS, the Executive Order broadens the definition of "floodplain" used by Federal
agencies to include the following approaches:
(i) Climate-informed Science Approach - Agencies shall use the best
available, actionable hydrologic and hydraulic data and methods that
integrate current and future changes in flooding based on climate and
related science to determine the flood elevation and flood hazard area in
a manner appropriate to policies, practices, criticality, and consequences.
(ln some cases, this flood elevation could correspond to the prolected 1-
percent-annual-chance flood. );
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(ii) Freeboard Value Approach - Agencies shall use the Base Flood
Elevation (or 1-percent-annual-chance flood determined using best
available data) and an additional height to calculate the freeboard value.
The additional height will depend on whether or not the action is a critical
action; or
(iii) The "500-year" Elevation Approach - Agencies shall use the 0.2-percent-
annual-chance flood elevation (also known as the "500-year" flood
elevation); and
WHEREAS, the Executive Order authorizes future amendments to the definition to
include additional approaches; and
WHEREAS, the Federal Emergency Management Agency ("FEMA") published proposed
Revised Guidelines for lmplementing Executive Order 11988, entitled "Floodplain Management"
("Revised Guidelines") for public comment; and
WHEREAS, the lmplementing Guidelines, once approved by FEMA, will impact the
availability and nature of federal funding for projects in the City; and
WHEREAS, as a coastal community of low-lying islands vulnerable to the impacts of sea
level rise, the City submits the attached comments to the Revised Guidelines for consideration
by FEMA.
NOW, THEREFORE, THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, hereby accepts the recommendation of the Mayor's Blue Ribbon Panel on
Flooding and Sea Rise and submits the attached comments to the Federal Emergency
Management Agency regarding the proposed Revised Guidelines for lmplementing Executive
Order 11988, entitled "Floodplain Management," as amended by Executive Order 13690
[Docket lD FEMA-201 5-0006].
PASSED and ADOPTED this day of
ATTEST:
2015.
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Joy Malakoff)
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
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