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LTC 463-2022 CITY OF CORAL GABLES RESOLUTIONS NO. 2022-203, 2022-251, AND 2022-261MIAMI BEACH OFFICE OF THE CITY CLERK No. TO: FROM: DATE: 463-2022 LETTER TO COMMISSION Mayor Dan Gelber and Members of the City Commission Rafael E. Granado, City Clerk ~ November 8, 2022 / < SUBJECT: CITY OF CORAL GABLES RESOLUTIONS NO. 2022-203, 2022-251, AND 2022-261 Attached for your information are Resolutions No. 2022-203, 2022-251, 2022-261, adopted by the Mayor and Commission of the City of Coral Gables on August 24, 2022, and October 11, 2022. RESOLUTION NO. 2022-203 A RESOLUTION OF THE CITY COMMISSION OPPOSING AMENDMENTS TO FLORIDA STATUTE 553.79 THAT PREEMPT THE CITY'S DEMOLITION PERMIT PROCESS AS APPLIED TO HISTORIC PROPERTIES AND URGING THE FLORIDA LEGISLATURE TO RESCIND SAID AMENDMENTS. RESOLUTION NO. 2022-251 A RESOLUTION OF THE CITY COMMISSION DECLARING PRINCIPLES OF INCLUSION FOR ALL INDIVIDUALS WITH DISABILITIES, AND URGING ACTION BY NATIONAL, STATE, AND LOCAL GOVERNMENTS, BUSINESSES, AND RESIDENTIAL COMMUNITIES CONSISTENT WITH THESE PRINCIPLES. RESOLUTION NO. 2022-261 A RESOLUTION OF THE CITY COMMISSION OF CORAL GABLES URGING THE UNITED STATES CONGRESS TO ENACT A CARBON BORDER ADJUSTMENT. The City of Coral Gables Clerk has requested that a copy of these resolutions be provided to the Miami Beach Mayor and Commissioners. If you have any questions, please contact the Office of the City Clerk at 305.673. 7 411. REG/le Attachments F:\CLER\$ALL\LILIA\L TC's -Transmittal's\Coral Gables\Resolution 2022-203_2022-251 _2022-261 City of Coral Gables.docx DocuSign Envelope ID: A8969BB8-B9CC-4119-A62D-CF641580BF81 CITY OF CORAL GABLES, FLORIDA RESOLUTION NO. 2022 -203 A RESOLUTION OF THE CITY COMMISSION OPPOSING AMENDMENTS TO FLORIDA STATUTE 553.79 THAT PREEMPT THE CITY'S DEMOLITION PERMIT PROCESS AS APPLIED TO HISTORIC PROPERTIES AND URGING THE FLORIDA LEGISLATURE TO RESCIND SAID AMENDMENTS. WHEREAS, during the 2022 legislative session, the Florida Legislature adopted House Bill 423 ("HB 423"), thereby making numerous changes to the Florida Building Code, including effectuating amendments to section 553.79, Florida Statutes; and WHEREAS, these amendments prohibit local governments from prohibiting or restricting a private property owner from demolishing a single-family residential structure located in a coastal high-hazard area, moderate flood zone, or special flood hazard area, if the lowest finished floor elevation of the structure is at or below base flood elevation, or a higher bas e flood elevation as may be required by local ordinance, whichever is higher; and WHEREAS, while section 553.79, Florida Statutes allows the City to administratively review demolition permits for subject properties to ensure compliance with the Florida Building Code, Florida Fire Prevention Code, Life Safety Code, and regulations that are applicable to similarly situated parcels, the City may not apply additional local land development regulations to such properties; and WHEREAS, section 553.79, Florida Statutes only exempts nationally designated historic landmarks, residential structures designated on or before January 1, 2022, and residential structures designated after January 1, 2022, with the owner's consent are exempt from its demolition preemption; and WHEREAS, the City Commission finds that section 553.79, Florida Statutes could result in the demolition of historic homes within the City that do not fall into one of the limited exemption categories; and WHEREAS, the City of Coral Gables currently has over l ,200 historic landmark properties and may have a significant number of undesignated properties that are potentially eligible for historic designation; and WHEREAS, the demolition of historic properties is an irreversible action which contributes to the loss of the city's identity and sense of place; and Page 1 of 2 -Resolution No. 2022-203 DocuSign Envelope ID: A8969B88-B9CC-4119-A62D-CF641580BF81 WHEREAS, the City has an interest in protecting historic structures from being demolished and for that reason requires the Historic Resources and Cultural Arts Department to approve demolition permits before issuance; and WHEREAS, the City Commission condemns state action that encroaches on the City's home rule powers and overrides its ability regulate the protection of historic structures through its zoning authority, and for that reason urges the legislature to rescind the amendment to section 553 .79, Florida Statutes during the next legislative session; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF CORAL GABLES: SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2. That the City Commission hereby opposes recent amendments to section 553.79, Florida Statutes and urges the Florida Legislature to rescind such amendments . SECTION 3. That the City Commission hereby directs that this Resolution be made part of the City's legislative priorities for next legislative session. SECTION 4. That this Resolution shall become effective upon the date of its passage and adoption herein. PASSED AND ADOPTED THIS TWENTY-FOURTH DAY OF AUGUST, A.O., 2022. (Moved: Anderson/ Seconded : Menendez) (Yeas: Menendez, Anderson Fors, Jr. Lago) (Majority: (4-0) Vote) (Absent: Mena) (Agenda Item: G-14) ATTEST: r-: DocuSigned by: L~t:84FF BILLY Y. URQUIA CITY CLERK APPROVED: APPROVED AS TO FORM AND LEGAL SUFFTCIENCY: [ DocuSigned by: j:J::21 E64AC ... MIRIAM SOLER RAMOS CITY ATTORNEY Page 2 of 2 -Resolution No . 2022-203 DocuSign Envelope ID : D1427C66-9D73-4E68-A984-A 15CC48165B9 CITY OF CORAL GABLES, FLORIDA RESOLUTION NO. 2022-251 A RESOLUTION OF THE CITY COMMISSION DECLARING PRINCIPLES OF INCLUSION FOR ALL INDIVIDUALS WITH DISABILITIES, AND URGING ACTION BY NATIONAL, ST ATE, AND LOCAL GOVERNMENTS, BUSINESSES, AND RESIDENTIAL COMMUNITIES CONSISTENT WITH THESE PRINCIPLES. WHEREAS, October is National Disability Employment Awareness Month, which heightens awareness while recognizing the contributions of Americans with disabilities to both our workforce and our society; and WHEREAS, the City of Coral Gables has long proclaimed October as Americans with Disabilities Month in Coral Gables , in order to expand its commitment to raising awareness and acceptance of inclusion beyond the area of emp loym ent; and WHEREAS, disabilities affect approximately I in 4 adults in the United States, or approximately 61 million people according to a report issued in August of 20 18 by the Centers for Disease and Control Prevention; and WHEREAS, according to the United Nations Convention on the Rights of Persons with Disabilities, people " ... with disabilities include those who have lon g-term physical, mental, intellectual or sensory impairments which in interaction with various batTiers may hinder their full and effective participation in society on an equal basis with others."; and WHEREAS, the Convention has identified the following principles: a . Respect for inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons; b. Non-discrimination; c. Full and effective pmticipation and inclusion in society; d. Respect for difference and acceptance of persons with disabilities as pmt of human diversity and humanity; e. Equ ality of opportunity; f. Accessibility; g. Equality between men and women; h. Respect for the evo lving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities. WHEREAS, National Disability Employment Awareness Month dates back to 1945 , when Congress declared the first week in October "National Employ the Physically Handicapped Week";and WHEREAS, the theme for National Disability Emp loyment Awareness Month for 2022 is "Disabi lity : Part of the Equ ity Equation" in recognition of the important role people with disabilities play in a diverse and inclusive American workforce; and Page I of 2 -Resolution No. 2022-25 1 DocuSign Envelope ID: D1427C66-9D73-4E68-A984-A15CC48165B9 WHEREAS, inclusion is an attitude, an approach, and a mindset which welcomes and facilitates participation by those individuals with disabilities, by making sure everybody has the same opportunities to participate in every aspect of life to the best of their abilities and desires; and WHEREAS, the City further demonstrates its commitment to inclusion for all individuals with disabilities through its Advisory Board on Disability Affairs, which advises and provides input to City staff regarding matters affecting individuals with disabilities in Coral Gables to support full inclusion and accommodation; and WHEREAS, the City will be hosting its fourth "Adventure Day For All" event on October 22, 2022, in Salvadore Park. The family-friendly event is for all ages and will feature a resource fair, challenges, crafts, activities, and live entertainment with the theme of embracing people of all abilities; and WHEREAS, every month the City hosts My Squad, a fun social group created for adults with intellectual and developmental disabilities and this year will launch Teen Scene a similar program for teenagers; and WHEREAS, the City welcomed 7 student interns from Project Victory for the 2022- 2023 school year. Project Victory is a Miami-Dade County Schools program that assists young adults with disabilities by providing work skills and employment training; and WHEREAS, the City has proclaimed that October is Americans with Disabilities Month in Coral Gables and renews its commitment to inclusion for all individuals with disabilities in the workforce and in society; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF CORAL GABLES: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being tme and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2. The City expresses its commitment to the principle of inclusion of all individuals with disabilities in all aspects of its governance and services and seeks to welcome and facilitate such participation . SECTION 3. The City urges businesses to express their commitment to the principle of inclusion in both employment and commerce. SECTION 4. The City urges developers, homeowner associations, and condominium associations to adopt policies suppo1ting the principle of inclusion in residential communities. SECTION 5. The City urges universities and other places of learning to prioritize programs supporting inclusion of all individuals with disabilities. SECTION 6. The City urges national, state, and local governments to express their commitment to the principle of inclusion as well, and to continue efforts to support inclusion for all individuals with disabilities . Page 2 of 2 -Resolution No. 2022-251 DocuSign Envelope ID: D1427C66-9D73-4E68-A984-A 15CC4816589 SECTION 7. The Advisory Board on Disability Affairs is commended for its ongoing commitment to work in this area, and is directed to continue to review the City's initiatives to promote inclusion on an ongoing basis, and provide input to City staff to assist the City in fulfilling this goal. SECTION 8. The City Clerk is directed to send a copy of this Resolution, and the accompanying proclamation declaring October Americans with Disabilities Month in Coral Gables to the National League of Cities, National Association of Counties, Florida League of Cities, Florida Association of Counties, Miami-Dade County League of Cities, Miami-Dade County, Miami-Dade Public Schools, and municipalities in Miami-Dade County. SECTION 9. EFFECTIVE DATE. This Resolution shall become effective upon the date of its passage and adoption hereof. PASSED AND ADOPTED THIS ELEVENTH DAY OF OCTOBER, A .O., 2022. (Moved: Mena/ Seconded: Menendez) (Yeas: Mena, Menendez, Anderson, Fors, Jr., Lago) (Unanimous: 5-0 Vote) (Agenda Item: [-7) ATTEST : DocuSigned by: ~¥ 358417D2FA884FF ... BILLY Y. URQUIA CITY CLERK APPROVED: r-=: DocuSigned by: L~93824A5 VINCE LAGO MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: [ DocuSigned by: ,vy:~,~.~ 03A0CB 1421 E64AC ... MIRIAM SOLER RAMOS CITY ATTORNEY Page 3 of 2 -Resolution No. 2022-251 DocuSign Envelope ID: D1427C66-9073-4E68-A984-A 15CC48165B9 CITY OF CORAL GABLES, FLORIDA RESOLUTION NO. 2022-261 A RESOLUTION OF THE CITY COMMISSION OF CORAL GABLES URGING THE UNITED STA TES CONGRESS TO ENACT A CARBON BORDER ADJUSTMENT. WHEREAS, a carbon border adjustment on energy intensive imports would incentivize decarbonization of domestic manufacturing; and WHEREAS, energy intensive industries include fossil fuels, refined petroleum products , iron and steel, aluminum, glass, and ethanol, and similar goods and products; and WHEREAS, American manufacturers are on average less carbon intensive than most of their foreign competitors, for example, the U.S. economy is almost 50 percent less carbon intensive than its trading partners, whereas the Chinese economy is more than three times as carbon intensive as the U.S., and India is almost four tim es as carbon intensive; and WHEREAS, a carbon border adjustment mechanism would provide the economic incentive and leverage needed to invest in clean energy, and to encourage other countries to do the same, particularly those that do not have a carbon emissions reduction program analogous to that of the U.S.; and WHEREAS , U.S. climate policy should reward more efficient U.S. manufacturers ·and penalize high carbon polluting imports as nearly every U.S. sector enjoys a carbon advantage over most key trading partners; and WHEREAS , presently the environmental, health, and social costs of carbon emissions are not included in prices paid for fossil fuels, but rather these externalized costs are borne directly and indirectly by all Americans and global citizens; and WHEREAS, in addition to being sound economic policy designed to give American companies a leg up in the global marketplace , a carbon border adjustment would help address climate change and lower carbon emissions around the world ; and WHEREAS, according to conservative estimates, the world's climate sc ientists state that to achieve climate stabilization and avoid cataclysmic climate change, emission of greenhouse gases (GHGs) must be brought to 80-95% below 1990 levels by 2050; and WHEREAS , any such policy while necessarily forward-looking must also be timed correctly and take into account market factors such as inflation and supply chain shortages; and Page I of 3 -Resolution No . 2022-261 DocuSign Envelope ID: D1427C66-9D73-4E68-A984-A 15CC48165B9 WHEREAS, the European Union ("EU") adopted a Carbon Border Adjustment Mechanism ("CBAM") which targets imports of carbon-intensive products, in full compliance with international trade rules, to prevent offsetting the EU's greenhouse gas emissions reduction efforts through imports of products manufactured in non-EU countries, where climate change policies are less ambitious than in the European Union; and WHEREAS, the EU's CBAM will require reporting to begin in 2023 with full implementation in 2027; and WHEREAS, on February 23, 2021, the City Commission passed Resolution 2021-30, urging Congress to pass the Carbon Dividend Act; and WHEREAS, the Commission also passed Ordinance 2016-30, establishing the City's "Buy American" procurement preference ; and WHEREAS, the City Commission seeks to build upon its climate advocacy and commitment to reducing carbon emissions by urging Congress to pass a carbon border adjustment; NOW, THEREFORE, BE TT RESOLVED BY THE COMMISSION OF THE CITY OF CORAL GABLES: SECTION 1. That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2. That City urges the United States Congress to enact a carbon border adjustment. SECTION 3. That the City Clerk is directed to transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representativ es, to the Majority Leader of th e Senate, to each U.S. Senator and Representative from the State of Florida in the Congress of the United States and to Miami-Dade County, and neighboring municipalities urging that they pass similar resolutions. SECTION 4. That this Resolution shall become effective upon the date of its passage and adoption herein. 2022. PASSED AND ADOPTED THIS ELEVENTH DAY OF OCTOBER, A.O., (Moved: Anderson/ Seconded: Mena) (Yeas : Menendez, Anderson, Fors, Jr., Mena, Lago) (Unanimous: 5-0 Vote) (Agenda Item: G-1) Page 2 of 3 -Resolution No . 2022-261 DocuSign Envelope ID: D1427C66-9D73-4E68-A984-A15CC48165B9 ATTEST : ~DocuSigned by: L ~~84FF . BILLY Y. URQUIA CITY CLERK APPROVED: I✓ DocuSigned by: L~'""" VINCE LAGO MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: [ DocuSigned by: 4c~~V\_ 03A0CB1421 E64AC ... MIRIAM SOLER RAMOS CITY ATTORNEY Page 3 of 3 -R es olution No . 2022-261