Item Coversheet

Resolutions - R7  E




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Rafael Paz, Acting City Attorney 
DATE:April  21, 2021
 



SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXTEND THE DECLARATION OF A STATE OF EMERGENCY, DATED MARCH 12, 2020, IN THE CITY OF MIAMI BEACH TO ADDRESS THE COVID-19 PANDEMIC, AS EXTENDED THROUGH APRIL 21, 2021, SUCH EXTENSION FOR AN ADDITIONAL PERIOD OF SEVEN (7) DAYS, COMMENCING AT 12:00 A.M. ON APRIL 22, 2021, AND ENDING AT 11:59 P.M. ON APRIL 28, 2021; FURTHER AUTHORIZING THE CITY MANAGER TO CONTINUE TO EXTEND THE DECLARATION OF A STATE OF EMERGENCY FOR TWO (2) ADDITIONAL 7-DAY INCREMENTS, WHICH WOULD COMMENCE AT 12:00 A.M. ON APRIL 29, 2021, AND END AT 11:59 P.M. ON MAY 12, 2021; PROVIDED THAT THE SCOPE OF ANY EMERGENCY MEASURES ORDERED BY THE CITY MANAGER SHALL, CONSISTENT WITH ALL PRIOR EMERGENCY MEASURES IMPOSED BY THE CITY MANAGER TO DATE, BE LIMITED TO RESPOND TO IMMEDIATE THREATS POSED BY THE COVID-19 PANDEMIC; PROVIDING THAT NO EMERGENCY ACTION TAKEN BY THE CITY MANAGER SHALL BE BINDING ON THE CITY COMMISSION BEYOND THE PERIOD OF THE COVID-19 STATE OF EMERGENCY, OR OTHERWISE LIMIT THE ABILITY OF THE CITY COMMISSION TO UNDO ANY ACTION OF THE CITY MANAGER, WHETHER CONTRACTUALLY OR LEGISLATIVELY; FURTHER, PROVIDING THAT THE SUBJECT DECLARATION OF EMERGENCY SHALL BE TERMINABLE BY THE CITY COMMISSION IN ACCORDANCE WITH THE PROVISIONS OF THIS RESOLUTION; AND, FINALLY, PROVIDING THAT THE CITY MANAGER SHALL BE REQUIRED TO CALL A CITY COMMISSION MEETING PRIOR TO ORDERING ANY EMERGENCY MEASURE THAT IS MORE RESTRICTIVE THAN THE EMERGENCY MEASURES IN EFFECT AS OF APRIL 22, 2021.

BACKGROUND/HISTORY

The attached Resolution requests authorization, pursuant to City Code Section 26-35, to further extend the duration of the Declaration of a State of Emergency, dated March 12, 2020, in order to continue to address threats associated with the coronavirus disease 2019 (“COVID-19”) pandemic.

On March 12, 2020, the City Manager declared a State of Emergency for the City of Miami Beach, on the basis that the COVID-19 pandemic poses a health risk to the City’s residents, particularly elderly residents and those who are immunosuppressed or otherwise have high risk of medical conditions (the “Declaration”).

The Declaration has been extended by the City Manager through April 21, 2021, pursuant to Resolution Nos. 2020-31192, 2020-31219, 2020-31245, 2020-31246, 2020-31273, 2020-31280, 2020-31282, 2020-31284, 2020-32187, 2020-31308, 2020-31312, 2020-31372, 2020-31424, 2020-31463, 2020-31506, 2020-31529, 2021-31558, 2021-31598, and 2021-31651.

ANALYSIS

The attached Resolution authorizes the City Manager to extend the duration of the Declaration for an additional period of seven (7) days, commencing at 12:00 a.m. on April 22, 2021, and ending at 11:59 p.m. on April 28, 2021. In addition, the Resolution authorizes the City Manager to extend the Declaration for two (2) additional 7-day increments, commencing at 12:00 a.m. on April 29, 2021, and ending at 11:59 p.m. on May 12, 2021 (i.e. the date of the next regularly scheduled City Commission meeting).

The Resolution further provides that the scope of any emergency measures ordered by the City Manager pursuant to the Declaration shall, consistent with all prior emergency measures imposed by the City Manager to date, be limited to respond to immediate threats posed by the COVID-19 pandemic. Further, no emergency action taken by the City Manager shall be binding on the City Commission beyond the period of the COVID-19 State of Emergency, or otherwise limit the ability of the City Commission to undo any action of the City Manager, whether contractually or legislatively.

 

UPDATE

On April 5, 2021, Miami-Dade County Mayor Daniella Levine Cava issued Emergency Order (“EO”) 33-20, canceling a number of prior EOs pertaining to the COVID-19 emergency, and authorizing every retail and commercial establishment and other establishment or facility in the County to open, provided that each establishment complies with facial covering requirements, provides hand sanitizer, uses reasonable efforts to ensure social distancing, and ensures that sick employees do not report to work. EO 33-20 also includes updated COVID Safety Guidelines; provides that individuals shall be required to wear a mask or other facial covering when in public (except as provided in the EO); and prohibits groups of 10 or more individuals from gathering on public property (except when such individuals are separated by appropriate social distancing).

With regard to the Countywide curfew, on April 7, 2021, Mayor Levine Cava issued Amendment No. 5 to County EO 27-20, which provides that the Countywide curfew shall expire on April 12, 2021, at 12:01 a.m.

The Interim City Manager’s Emergency Order has been amended to conform the City’s EO with the County EOs currently in effect. However, pending further direction from the City Commission, the Interim City Manager has maintained the restrictions in the City’s EO that (i) prohibit music or entertainment at a volume that exceeds the level of a normal conversation (i.e. that exceeds an “ambient” volume level), and (ii) prohibit package liquor sales after 10:00 p.m. each night (except in the MXE district and the CD-2 districts adjoining the MXE district, where package liquor sales are prohibited after 8:00 p.m. each night).

 

SUPPORTING SURVEY DATA

N/A

Applicable Area

Citywide
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
No No 
Legislative Tracking
Office of the City Attorney

ATTACHMENTS:
Description
Resolution
Exhibit A - Resolution No. 2020-31474