20150325 Agendar915. ?015
MIAMIBEACH
Special City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
March 25,2015
Mayor Philip Levine
Vice-Mayor Jonah Wolfson
Commissioner Michael Grieco
Commissioner Joy Malakoff
Com m issioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vr'sff 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 all lobbyists with the City Clerk prior to engaging in any lobbying activity with
the City Commission, any Gity Board or Committee, or any personnel as defined in the subject
Code sections. Gopies of the City Code sections on lobbyists laws are available in the Office of
the City Clerk. Questions regarding the provisions of the Code should be directed to the Office
of the Gity Attorney.
To request this material in alternate format, sign language interpreter (five-day notice required), information
on access for persons with disabilities, and/or any accommodation to review any document or participate in
any city-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6;
TTY users may call via 711 (Florida Relay Service).
ln order to ensure adequate public consideration, if necessary, the Mayor and City Commission may move
any agenda item to an alternate meeting date. ln addition, the Mayor and City Commission may, at their
discretion, adjourn the commission Meeting without reaching all agenda items.
AGENDA
1. Callto Order-3:00 p.m.
2. Pledge of Allegiance
3. Requests for Additions, Withdrawals, and Deferrals
We are committed to providing excellent public service and safety to all who tive, work, and play in our vibrant, tropicat, historic community.
1
Commission Agenda, March 25,2015
REGULAR AGENDA
R7 - Resolutions
R7A A Resolution Pursuant To Section 142-452(d) Of The City Code, Waiving By 5t7th Vote Of The
City Commission After Public Hearing, The Development Regulations ln A GU (Government Use)
District Pertaining To Section 138-73, Entitled "General Advertising Signs," ln Order To Authorize
The lnstallation Of A General Advertising Sign For A New Playground At Crespi Park Located At
7801 Crespi Boulevard, Miami Beach, Florida. 3:01 p.m. Public Hearinq
(Parks & Recreation)
(Deferred from March 18,2015 - R7A)
R7B A Resolution Waiving By 5/7th Vote, The Competitive Bidding Requirement, Finding Such Waiver
To Be ln The Best lnterest Of The City, Authorizing The City Manager To Hire David Mulholland,
Senior Vice-President And Project Manager, Of The Orlando Firm GMB Engineers & Planners,
Inc., (The Firm) To Provide Professional Traffic Consultant Services Relating To Watson lsland,
lsland Gardens, City Of Miami Development Site; And Further Authorizing The City Attorney To
Execute A Retainer Agreement With The Firm, ln An Amount Not To Exceed $200,000.
(Office of the City Attorney)
(Deferred from March 18,2015 - R7F)
R7C 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, Entitled
"Floodplain Management," As Amended By Executive Order 13690 [Docket lD FEMA-2015-
00061.
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Office of the City Attorney)
(Deferred from March 18,2015 - R7G)
R9 - New Business and Commission Requests
RgA Discussion Regarding The City Co-Sponsoring The American Cancer Society's Relay For Life
Event Which Will Be Held At Flamingo Park On May 2, From 10:00 a.m. To 10:00 p.m.
(Requested by Commissioner Joy Malakoff)
(Deferred from March 18,2015 - RgA)
RgB Update On The Miami Beach Convention Center Project.
(City Manage/s Office)
End of Aqenda
2
Condensed Title:
A Resolution of the Mayor and Commission of the City of Miami Beach, Florida Waiving
Development Regulations Pertaining to General Advertising Signs By Authorizing lnstallation of a
General isino Sion for a New und At Cresoi Park.
COMMISSION ITEM SUMMARY
Item Summarv/Recommendation :
Crespi Park will be undergoing a planned playground renovation in March 2015. To achieve this
project, the City and the lrie Foundation, acting as community partners, entered into an agreement
with KaBOOM! lnc. to design, plan and build a community playground with funding from JetBlue.
ln acknowledgement of the collaboration, signage is planned to be installed within the park in
accordance with the attached exhibit as per Section 138-73 of the City Code which prohibits
general advertising signs.
The aforementioned Section further requires Planning Board review prior to approval by the City
Commission. On February 11,2015 the City Commission referred the proposed waiver to the
Planning Board for review, pursuant to Section 142-4125(d) of the City Code.
On February 24, 2015, the Planning Board (by a vote of 6-0) transmitted the proposed Waiver
Development Regulations to the City Commission with a favorable recommendation.
Supporting Data (Surveys, Environmental Scan, etc
Financial lnformation:
Source of
Funds:
Amount Account
1 $0.00
2
OBPI Total
Financial lmpact Summary: None
John RebarXT.6644
n-Offs:
Department Director Assistant City Manager City Manager
JR /TU JMT JLM/[A
,]
Agenda ltem fr7,4(s MIAMISHACH Date 3 -2-l-/S3
MIAMIBEACH
Cify of miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
COMMISS MEMORANDUM
TO:Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City Manager
DATE: March 18,2015
SUBJECT: A RESOLUTION OF THE MA D CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,T TO SECTTON 142-4s2(d) OF THE
CITY CODE, WAIVING BY 5/7TH VOTE OF THE CITY COMMISSION AFTER
PUBLIC HEARING, THE DEVELOPMENT REGULATIONS IN A GU
(GOVERNMENT USE) DISTR|CT PERTAINTNG TO SECTTON 138-73,
ENTITLED "GENERAL ADVERTISING SIGNS,'' IN ORDER TO AUTHORIZE
THE INSTALLATION OF A GENERAL ADVERTISING SIGN FOR A NEW
PLAYGROUND AT CRESPI PARK LOCATED AT 7801 CRESPI
BOULEVARD, MIAMI BEACH, FLORIDA.
ADMI NISTRATION RECOMMEN DATION
The Administration recommends approval of the Waiver of Development Regulations.
HISTORY / BACKGROUND
Crespi Park will be undergoing a planned playground renovation in March 2015. To
achieve this project, the City and the lrie Foundation, acting as community partners,
entered into an agreement with KaBOOM! lnc. to design, plan and build a community
playground with funding from JetBlue. ln acknowledgement of the collaboration, signage
is planned to be installed within the park in accordance with the attached exhibit.
However Section 138-73 of the City Code prohibits general advertising signs:
Sec. 138-73. General advertising signs.
No general advertising sign shall be constructed, erected, used, operated or
maintained in the city.
The location is zoned Government Use (GU) and, as per Section 142-425(d) of the City
Code, the City Commission may waive by five sevenths vote, following a public hearing,
development regulations "pertaining to governmental owned or leased buildings, uses
and sites which are wholly used by, open and accessible to the general public, or used
by not-for-profit, educational, or cultural organizations, or for convention center hotels, or
convention center hotel accessory garages, or city utilized parking lots, provided they
are continually used for such purposes."
The aforementioned Section further requires Planning Board review prior to approval by
the City Commission. On February 11, 2015 the City Commission referred the proposed
waiver to the Planning Board for review, pursuant to Section 142-4125(d) of the City
Code.
mmrssron-/
4
Commission Memorandum
GU Waiver - Crespi Park
March 18,201 5 Page 2 of 3
PLANNING BOARD REVIEW
On February 24, 2015, the Planning Board (by a vote of 6-0) transmitted the proposed
Waiver Development Regulations to the City Commission with a favorable
recommendation.
FISCAL IMPACT
Not Applicable
CONCLUSION
The Administration recommends approval of the Waiver of Development Regulations.
JLM/JMJff RM/M.RvMAB/RA, $-
T:\AGENDA\201S\March\Crespi Park\Waiver of Dev Regs for Crespi Park - MEM.docx
5
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MtAMt BEACH, FLORIDA, PURSUANT TO SECTTON 142-452(dl OF THE
CITY CODE, WAIVING BY 5I7TH VOTE OF THE CITY COMMISSION AFTER
PUBLIC HEARING, THE DEVELOPMENT REGULATIONS !N A GU
(GOVERNMENT USE) DTSTRTCT PERTATNTNG TO SECTTON 138-73,
ENTITLED "GENERAL ADVERTISING SIGNS,'' IN ORDER TO AUTHORIZE
THE INSTALLATION OF A GENERAL ADVERTISING SIGN FOR A NEW
PLAYGROUND AT CRESPI PARK LOCATED AT 7801 CRESPI BOULEVARD,
MIAMI BEACH, FLORIDA.
WHEREAS, On December 17, 2014, the City Commission adopted Resolution # 2014-
28872, authorizing the acceptance of a sponsorship donation from KaBOOM!, lnc. for the
Community Built Playground project to build a new playground at Crespi Park with the active
support and involvement of the community; and
WHEREAS, to achieve this purpose, the City of Miami Beach and the lrie Foundation,
acting as community partners ("Community Partners"), entered into a Community Partners
Playground Contract with KaBOOM!, lnc., a nonprofit organization that organizes public
projects, to design, plan and build a playground at Crespi Park with grant funds provided by
JetBlue Airways Corporation ("JetBlue") as the funding partner under the grant; and
WHEREAS, pursuant to Section 1.(f) entitled "Signage of the Community Partner
Playground Contract, "The City shall allow the names and logos of KaBOOM!, lnc., the lrie
Foundation, and JetBlue, to be displayed on permanent playground signage, which shall be
substantially in the form attached hereto as Exhibit A, and shall be 12 % inches wide by 30 %
inches tall and mounted on poles in a mutually agreed location;" and
WHEREAS, Section 138-73, of the City Code, entitled, "General advertising signs",
states, "No general advertising sign shall be constructed, erected, used, operated or maintained
in the City;" and
WHEREAS, Section 142-425(d) of the City of Miami Beach Land Development
Regulations (LDR), provides that following review by the Planning Board, and a public hearing
before the City Commission, for a waiver, by 5/7th vote of the City Commission, of the City's
development regulations on governmentally owned or leased buildings at GU zoned properties,
provided the proposed user is a noGfor-profit, educational or cultural organizations, and
provided the GU sites are continually used for such non-profit, educational or cultural purposes;
and
WHEREAS, a waiver is necessary in order to fulfill this element of the contract, as the
purpose of the sign is not to provide advertisement but to acknowledge the valuable contribution
done by KaBOOM!, lnc., JetBlue and the lrie Foundation by providing a free playground to a
community that is greatly in need of a playground renovation; and
WHEREAS, on February 11,2015, the City Commission referred the proposed waiver to
the Planning Board; and
WHEREAS, on February 24, 2015, the Planning Board transmitted the proposed Waiver
of Development Regulations to the City Commission with a favorable recommendation; and
6
WHEREAS, the City Commission determines it is appropriate to waive the development
regulations by a 5l7th vote to allow for the installation of a general advertising sign for a new
playground at Crespi Park.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, pursuant to Section 142-452(d) ot
the City Code, waiving by 5/7th vote of the City Commission, after public hearing, the
development regulations in a GU (Government Use) District pertaining to Section 138-73,
entitled "General advertising signs," in order to authorize the installation of a general advertising
sign for a new playground at Crespi Park located at 7801 Crespi Boulevard, Miami Beach,
Florida.
PASSED AND ADOPTED this
ATTEST:
day of 2015.
Rafael Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\201S\March\Crespi Park\Waiver of Dev Regs for Crespi Park - RES.docx
APPROVED AS TO
FORM & LANGUAGE
CltyAttomey
3-$- t5
-
Doie
7
Commission Memorandum
GU Waiver - Crespi Park
March 18, 201 5 Page 3 oI 3
\-nmyronro
Proiect Natrre: JetBlue. lrie Foundation. City of IUiami Beach
Attn: filah@KaBOOMI
Projtrt Number: 1501018
Part Number: ZZXX0157
Sign Number: CRS5886
Revision: A
Post Color: Plum
Email : VickiH@PlaworldSystems.com
Date: 1.27.15
jetBtue
lfig MTAMTBEACH
This kid-inspired playspace
wa8 made possible ttrough
the funding and volunteer
powcr of JetBlue,
lrie Foundation, the City
of Miami &ach,
KaBOOM!, and this community.
if,fril-l
bYelcome
ta your
Playspace!
I approve the abovc image:
8
laiAl.ll H!*.il,D I l"{iomiHeBld.cBm
r i-r ifi" +ITI
:*t::::::t::-..-..-JI:..:s1.1.--
CITY OF MIAMI BFACH
NOTICE OF PUBLIC HEARING
NOTICE lS IIEREBY given that a public hearing will be held by ihe Mayor and City Commission of the City of Miami
Bsach, Florida, in the Commission Chanrbers, 3rd Floor, City Hall, 1700 Convenrion Cenrer Drive, Miami Beach,
Florida, on liVednssday, March 18. U01$ at 5;05 p,rn,, or [s soon thereafter as the matter can be heard, to coneiden
A Resolution Pursuantlo Section 142452td) OfThe 0ity Code, Waiving By 5/7th Vote OfThe City Commission After
Public Hearing,The Development Regulations lnA GU (Government Use) Dislrict PertainingTo Section 13W3,
Entitled "General Adve*ising Signsi ln OrderTs AuthoriaeThe lnstallation Of A General Advenising Sign For A
New Playground At Crespi Fark Locared At 7801 Crespi Boulevard, Miami Beach, Florida. tnquiries may be direcfed
to the Parks and Recreatian Dspafimtsnt *t 305,673.7730.
INTEHESTED PABTIES are invited to Eppear at this meeting, or be represented by an agent, or to express their
views in writing addressed to the Citl, eommission, c/o the City Clerk. 1700 Convention Center Drive, 1* Floor.
City Hall, Miami Beach, Florida 33139.This item is available for public inspection during normal business hours in
the City Clerk's Office, 1700 Convention Center Drivq '1,1 Floor, City Hall. Miami 3each, Florida 33139.?his meeting,
or any item herein, may be continued. and under sueh circurnstdnces. addirional legal notice need not be provided.
Pursuant to Sec'tion 28S.0105, Fla. Stat, the City hereby advises the public that if a per$on decides to appeal
a*y decision made by rhs City Commission wilh respect to any matter considered at it$ meeting or its hearing,
such person rnust ensure that a verbatim record of the proceedings is made, whioh record inoludes lhe testimony
and svidence upon which the appeal is to be based.This notice does not conslitute eonsenl by the City for the
introductlon sr admission of otherwise inadmissible or irrelevant evidence. nor does it authorize challenges or
appeals not otherwise allowed by law.
To request this material in alternate formal, sign language interpreter {five-day notice required), information on
f,ccess for per$ons with disabilities, and/or flny accommodatian to review any document or psrticipate in any
city-sponsored proceedings, call 305.604.?ffi9 and select 1 for English or ? for $panish, then option 6;TTY users
may call via 7'tl {Florida Relay Service}.
Rafael E. Granado, City Clerk
City of Miami Beach
9
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10
R7 - Resolutions
R7B A Resolution Waiving By 5t7th Vote, The Competitive Bidding Requirement, Finding
Such Waiver To Be ln The Best lnterest Of The City, Authorizing The City Manager To
Hire David Mulholland, Senior Vice-President And Project Manager, Of The Orlando
Firm GMB Engineers & Planners, lnc., (The Firm) To Provide Professional Traffic
Consultant Services Relating To Watson lsland, lsland Gardens, City Of Miami
Development Site; And Further Authorizing The City Attorney To Execute A Retainer
Agreement With The Firm, ln An Amount Not To Exceed $200,000.
(Office of the City Attorney)
(Deferred from March 18,2015 - R7F)
Agenda ltem
Date11
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12
r.-..-.
I-i-r--
OFFICE OF THE CITY ATTORNEY
RAULJ. AGUII.A, CIry ATTORNEY COMMISSION MEMORANDUM
TO:Mayor Philip Levine
Members of the Gity Commission
Gity Manager Jimmy Morales
FROM:
DATE:
city Attorney Raul l. asugQj g {--
March 18,2015
SUBJECT: 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
lDocKET rD 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 11988, and solicited public input priorto 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 ltem R-7 C
Date il*t{13
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 lmplementing Executive Order 1 1988,
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
14
Establishing a Federal Flood Risk Management Standard and a..., 80 FR 6425
Exec. Order No. 1369o8o FR 64z5zor51NL 4gt4o4(Pres.)
Executive Order 1369o
Establishing a Federal Flood Risk Management Standard and a
Process for Further Soliciting and Considering Stakeholder Input
January 30, 2015
*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
associated with the occupancy and modification of floodplains and to avoid direct or indirect support of floodplain development
wherever there is a practicable altemative. The Federal Govemment has developed processes for evaluating the impacts of
Federal actions in or affecting floodplains to implement Executive Order I 1988.
As part of a national policy on resilience and risk reduction consistent with my Climate Action Plan, the National Security
Council staff coordinated 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 from 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 of public input, including
from Governors, mayors, and other stakeholders, prior to implementation of the Standard.
Sec. 2. Amendments to Executive Order 11988. Executive Order I 1988 is amended as follows:
(a) Section 2 is amended by inserting ", to the extent permitted by law" after "as follows".
(b) Section 2(a)(l) 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:
Ne:it
15
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).".
(f1 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 102,202, and 205 of the Flood Disaster Protection Act of
1973, 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 in an area 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 areathat 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 hazard area 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 (l) 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 of land subject to the base flood".
O Section 6 is further amended by adding the following new subsection (d) at the end:
16
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 Resowces 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 authorify granted by law to an executive department, agency, or the head thereof; or
;':.;:,-,li'l:l i!i
17
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 beneht, substantive or procedural, enforceable at law or in
equity by arry 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. Order No. 1369080 FR 64252015 WL 431404(Pres.)
End of Document .,j 2015 Thonrson Reuters. No claim to original LI.S. Govcrrnrnent Works.
18
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 lD
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 11988, 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 p@ected 1-
percent-an nual-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 1 1988, 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
F:\ATTO\KALN\RESOLUTIONS\Reso Submitting Comments to FEMA re Executive Order 13690.docx NK
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R9 - New Business and Commission Requests
Discussion Regarding The City Co-Sponsoring The American Cancer Society's Relay For
Life Event Which Will Be Held At Flamingo Park On May 2, From 10:00 a.m. To 10:00 p.m.
(Requested by Commissioner Joy Malakoff)
Agenda ltem
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R9 - New Business and Commission Requests
RgB Update On The Miami Beach Convention Center Project.
(City Manager's Office)
Agenda ttem R(B
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