Legislative Matter

Miami-Dade Legislative Item
File Number: 150048

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Clerk's Official Copy

File Number: 150048

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-44-15

Control: Board of County Commissioners

File Name: STUDY THE FEASIBILITY - CLIMATE CHANGE ADAPTATION IN CDMP

Introduced: 1/12/2015

Requester: NONE

Cost:

Final Action: 1/21/2015

Agenda Date: 1/21/2015

Agenda Item Number: 11A11

Notes:

Title:

RESOLUTION DIRECTING THE MAYOR OR DESIGNEE TO STUDY THE FEASIBILITY OF DESIGNATING CLIMATE CHANGE ADAPTATION ACTION AREAS AS RECOMMENDED IN THE COMPREHENSIVE DEVELOPMENT MASTER PLAN [SEE ORIGINAL ITEM UNDER FILE NO. 142560]

Indexes:

FEASIBILITY STUDY

Sponsors:	Rebeca Sosa, Prime Sponsor
	Bruno A. Barreiro, Co-Sponsor
	Esteban L. Bovo, Jr., Co-Sponsor
	Daniella Levine Cava, Co-Sponsor
	Jose "Pepe" Diaz, Co-Sponsor
	Sally A. Heyman, Co-Sponsor
	Barbara J. Jordan, Co-Sponsor
	Dennis C. Moss, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	1/21/2015	11A11	Adopted				P
REPORT:	Chairman Monestime thanked Commissioner Sosa for her leadership in bringing forth this package of resolutions dealing with sea level rise. He noted the County Commission had convened two task forces headed by the Clerk of Courts to study and report on the issue of climate change. He said that Mr. Ruvin had been extremely generous in giving this community his talents, knowledge and insights on this critical issue. Chairman Monestime stated that there was general consensus that South Florida was highly exposed and at risk; and today the County was taking concrete steps to address this issue. He indicated that Commissioner Sosa met with the Editorial Board of the Miami Herald to make the case for the policies which she was putting forth; she also convinced the Builders’ Association of South Florida of the importance of this matter. He thanked her on behalf of the Board for taking the lead and moving the County forward on an issue that must be addressed urgently. Commissioner Sosa noted for a number of years various organizations had worked on these issues. She said when she noticed that the recommendations from the Climate Change Advisory Task Force had not been implemented, she convened the Sea Level Rise Task Force, and asked the members to provide realistic recommendations. She thanked Mr. Ruvin for his leadership on this issue, and the Mayor for being so receptive. Commissioner Sosa warned that if the County did not take remedial steps to address sea level rise, there would come a time when companies would not insure properties in Miami-Dade. She stated that she and Mr. Ruvin were working on legislation to implement the recommendations. She thanked Commissioner Levine Cava for co-sponsoring these items, and the other commissioners who had expressed the desire to be added as co-sponsors. Clerk Harvey Ruvin expressed his appreciation to the Board for approving the creation of the Sea Level Rise Task Force. He explained that the task force listened to a number of experts before developing its recommendations after thoughtful discussions. He stated that the most impactful presentation was from the re-insurance industry, which said that it could no longer rely on historic data to set rates or to assess risk; it now had to rely on predictive data. Mr. Ruvin stressed that this was the right time to take action. He noted earlier 22 members of the public came to support these resolutions; this demonstrated broad-based support. He said that people would look back at today as a turning point, and the commissioners would long be remembered for supporting these resolutions. Mr. Ruvin acknowledged Ms. Nichole Hefty and Assistant County Attorney Christopher Angell for their contribution to the work of the task force. He noted all of the minutes and presentations were on the task force’s website. It was moved by Commissioner Sosa that Agenda Items 11A11-11A16, and 11A31 be adopted, as presented. This motion was seconded by Commissioner Diaz, followed by discussion. Commissioner Moss thanked Mr. Ruvin for working on this issue steadfastly, and Commissioner Sosa for her leadership in deciding to move forward with the report’s recommendations. He said that future generations would look back on this day and say that this was a turning point for this community. Commissioner Levine Cava said she was excited to be part of history. She noted Agenda Item 11A11 referred to the coastal areas; however, climate change affected inland areas as well. She asked whether the adaptation measures would target all of Miami-Dade County. Mr. Ruvin noted the report contained a graph depicting Miami-Dade County with two feet of sea level rise, which illustrated sunny day flooding. He said that this was a countywide issue and the County’s infrastructure would be critically compromised if no adaptation measures were implemented. However, Mr. Ruvin stressed that there was still time to act. He said that he wanted to leave the County Commission with an optimistic thought: so many wonderful things were happening in South Florida, but it was necessary to act immediately to realize this community’s potential. Commissioner Souto observed that Mr. Ruvin had always been at the forefront of all the efforts to protect the environment in this County. Mayor Gimenez noted the Administration was fully supportive of the sea level rise resolutions, and had already incorporated them into its other work. He stressed the importance of moving forward and protecting future generations in Miami-Dade County. Mayor Gimenez pointed out that the County Commission had already allocated funds to address sea level rise when it approved the deal with Miami Beach. He referred to the four-county Southeast Florida Regional Climate Compact, which allowed Miami-Dade to work with other counties in the region. Commissioner Zapata noted all of the commissioners seemed to agree that sea level rise adaptation was necessary. However, he cautioned, the implementation of these resolutions would be very expensive. He suggested that the Administration prioritize the work in a cost-efficient, strategic manner. He said that sea level rise would need to be factored into the County’s planning. Commissioner Diaz pointed out that Mr. Ruvin had been championing this issue before it became popular. He stated that he was completely supportive of these items, noting he had been involved with the Eco-System Task Force for 15 years, and had worked on the restoration of the County’s beaches for many years. He said that it was wonderful to see all of these efforts finally come to fruition. Commissioner Diaz noted it would be important to educate the public, and to engage the lawmakers in Washington and Tallahassee on this issue. Commissioner Sosa noted it had been a pleasure to work on the sea level rise resolutions. She said she agreed with Commissioner Zapata’s comments, and stated that she had already sat down with the lawmakers in Tallahassee to discuss funding for the implementation phase. Commissioner Moss asked to be added as a co-sponsor for Agenda Items 11A11 and 11A31. Commissioner Bovo asked to be added as a co-sponsor for Agenda Items 11A11-11A16. Hearing no further comments or questions, the Commission members proceeded to vote on the foregoing proposed resolutions, as presented.

County Attorney	1/12/2015		Assigned	Christopher A. Angell		1/13/2015

Land Use & Development Committee	12/11/2014	2A Amended	Forwarded to BCC with a favorable recommendation with committee amendment(s)				P
REPORT:	Assistant County Attorney Abbie Schwaderer-Raurell read Agenda Items 2A through 2F into the record. It was moved by Commissioner Edmonson that Agenda Items 2A through 2F be forwarded to the County Commission with a favorable recommendation. This motion was seconded by Commissioner Suarez. Commissioner Levine Cava requested to be shown as a cosponsor to Agenda Items 2A through 2F. She expressed concern regarding the timeline for the requested reports to the County Commission, noting two of the items, Agenda Items 2A and 2C, had a 180-day timeline, while most had a one-year timeline. Commissioner Levine Cava requested the Mayor be directed to provide quarterly progress reports to the County Commission, as part of these resolutions. Assistant County Attorney Schwaderer-Raurell asked whether Commissioner Levine Cava was requesting that Items 2A through 2F be amended to request a quarterly status report. Commissioner Levine Cava acknowledged that was her request. She noted she believed the County Commission should be apprised of potential additional funding for the Environmentally Endangered Lands Program. In response to Assistant County Attorney Christopher Angell’s inquiry, Commissioner Levine Cava noted Agenda Items 2A and 2C were included in her request for a quarterly status report. Chairman Diaz noted he did not believe the sponsor of the proposed resolutions would object to Commissioner Levine Cava’s proposed amendment. Commissioner Edmonson accepted the proposed amendment. In response to Commissioner Jordan’s inquiry regarding any potential financial impacts of the proposed resolutions, Mr. Mark Woerner, Assistant Director for Planning, Regulatory and Economic Resources, suggested a report be provided within 90 days to the County Commission for Items 2A and 2C; and quarterly reports be provided for the remaining items. Assistant County Attorney Schwaderer-Raurell asked whether Mr. Woerner was suggesting the 90-day report instead of the 180-day report, to which Mr. Woerner responded that he was suggesting an interim report be presented within 90 days for Items 2A and 2C. Commissioner Jordan asked whether Commissioner Levine Cava accepted Mr. Woerner’s suggestion that an interim report be presented within 90 days for Items 2A and 2C. Commissioner Levine Cava acknowledged acceptance of Mr. Woerner’s suggestion to her proposed amendment. She noted her intention was for an interim report to be provided to the County Commission every three months. Commissioner Suarez recognized Mr. Jim Murley, Executive Director, South Florida Regional Planning Council (SFRPC). He noted at a recent meeting of the council, he requested that sea level rise be considered as a discussion item. Commissioner Suarez remarked that Cape Sable was at the cutting edge of sea level rise. He noted he was hopeful that Mr. Murley would move that issue forward for funding application under Amendment 1. Chairman Diaz asked Assistant County Attorney Schwaderer-Raurell to advise Commission Chairwoman Sosa of the Committee’s actions on Agenda Items 2A through 2F. He suggested the Committee members meet with staff to obtain a briefing. Hearing no further comments or questions, the Committee members proceeded to vote on the foregoing proposed resolution, as amended, to direct the Mayor or Mayor’s designee to provide the County Commission with a status report regarding the issues identified in the resolution, within 90 days; and to provide the Commission with a final report within 180 days.

Legislative Text

TITLE
RESOLUTION DIRECTING THE MAYOR OR DESIGNEE TO STUDY THE FEASIBILITY OF DESIGNATING CLIMATE CHANGE ADAPTATION ACTION AREAS AS RECOMMENDED IN THE COMPREHENSIVE DEVELOPMENT MASTER PLAN

BODY
WHEREAS, Southeast Florida is considered one of the most vulnerable areas of the country to the consequences of sea level rise; and
WHEREAS, Miami-Dade County is composed of a large section of waterfront property and is a low-lying coastal community at the frontline to experience the impacts of sea level rise; and
WHEREAS, Miami-Dade County has various vital facilities and infrastructure that could be adversely affected by sea level rise; and
WHEREAS, climate scientists and other groups such as the Southeast Environmental Research Center and the National Oceanic and Atmospheric Administration�s Costal Services Center have predicted the potential erosion of dry land and loss of waterfront property in Miami-Dade County as a result of sea level rise; and
WHEREAS, Miami-Dade County has been in the forefront of these issues for many years; and
WHEREAS, Miami-Dade County is a member of the Southeast Florida Regional Climate Compact; and
WHEREAS, in 2011, Miami-Dade County�s Comprehensive Development Master Plan (hereinafter �the CDMP�) was the subject of an Evaluation and Appraisal Report in which issues relating to sea level rise and climate change were identified as priorities to address as part of the Plan update; and
WHEREAS, as a result of the 2011 Evaluation and Appraisal Report, in October of 2013 the Board approved amendments to the Plan that incorporated �Adaptation Action Areas� and language addressing climate change and sea level rise in over 30 Objectives and Policies of the Plan; and
WHEREAS, an �Adaptation Action Area� is defined as a designation in the coastal management element of a local government�s comprehensive plan which identifies one or more areas that experience coastal flooding due to extreme high tides and storm surge, and that are vulnerable to the related impacts of rising sea levels for the purpose of prioritizing funding for infrastructure needs and adaptation planning; and
WHEREAS, in July 2013, the Board created the Miami-Dade Sea Level Rise Task Force through the adoption of Resolution No. R-599-13; and
WHEREAS, the Miami-Dade Sea Level Rise Task Force reviewed the relevant data and prior studies, assessments, reports, and evaluations of the potential impact of sea level rise on vital public services and facilities, real estate, water and other ecological resources, water front property, and infrastructure; and
WHEREAS, at the direction of the Board, the Miami-Dade Sea Level Rise Task Force issued a report with their findings on July 1, 2014, that included a comprehensive and realistic assessment of the likely and potential impacts to sea level rise and storm surge over time, to be used to help develop a set of recommendations relative to amendments to the CDMP, capital facilities planning, budgetary priorities and other County programs as necessary to ensure that Miami�Dade County is taking all appropriate actions to reduce its contributions to climate-induced sea level rise and to ensure its resiliency to the increase in sea level rise, storm surge and related impacts which are expected to occur; and
WHEREAS, the Miami-Dade Sea Level Rise Task Force set forth numerous recommendations in their report that, if followed would aid this County in coping with the inevitable consequences of this measurable, tractable, and relentless reality of sea level rise; and
WHEREAS, after making their recommendations, the Miami-Dade Sea Level Rise Task Force sunset and dissolved in July 2014, pursuant to Resolution No. R-559-13; and
WHEREAS, the Miami-Dade Sea Level Rise Task Force made the recommendation that this Board pass legislation to implement the Adaptation Action Areas recommended in the Plan and to incorporate sea level rise and storm surge risks utilizing best available data,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Directs the Mayor or Mayor�s designee to study the feasibility of designating Adaptation Action Areas as recommended in the Comprehensive Development Master Plan.
Section 2. Further directs the Mayor or Mayor�s designee to prepare a >>status<<1 report regarding the issues identified in Section 1 above[[,]] >>and to provide the status report to this Board within 90 days of the effective date of this resolution and place the status report on an agenda of the Board pursuant to Ordinance No. 14-65, and directs that the Mayor or Mayor�s designee shall<< provide the >>final<< report >>regarding the issues identified in Section 1 above<< to this Board within 180 days of the effective date of this resolution and place the completed report on an agenda of the Board pursuant to Ordinance No. 14-65.

1 Committee amendments are indicated as follows: Words stricken through and/or [[double bracketed]] are deleted, words underscored and/or >>double arrowed<< are added.