Item Coversheet

Resolutions - R7  D




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Rafael Paz, Acting City Attorney 
DATE:February  10, 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 FEBRUARY 10, 2021, SUCH EXTENSION FOR AN ADDITIONAL PERIOD OF SEVEN (7) DAYS, COMMENCING AT 12:00 A.M. ON FEBRUARY 11, 2021, AND ENDING AT 11:59 P.M. ON FEBRUARY 17, 2021; FURTHER AUTHORIZING THE CITY MANAGER TO CONTINUE TO EXTEND THE DECLARATION OF A STATE OF EMERGENCY FOR FOUR (4) ADDITIONAL 7-DAY INCREMENTS, WHICH WOULD COMMENCE AT 12:00 A.M. ON FEBRUARY 18, 2021, AND END AT 11:59 P.M. ON MARCH 17, 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 FEBRUARY 11, 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”).

On March 13, 2020, the City Commission adopted Resolution No. 2020-31192, authorizing the City Manager to extend the duration of those discretionary emergency measures that the City Manager deemed necessary to address the COVID-19 pandemic beyond the 72-hour time period set forth in City Code Section 26-35, for a period of seven (7) days commencing March 12, 2020, and ending on March 19, 2020.

On March 18, 2020, the City Commission adopted Resolution No. 2020-31219, which, in pertinent part, authorized the City Manager to extend the duration of the Declaration in additional 7-day increments, through April 23, 2020.

On April 22, 2020, the City Commission adopted Resolution No. 2020-31245, authorizing the City Manager to extend the duration of the Declaration for an additional period of seven (7) days, commencing on April 24, 2020, and ending on April 30, 2020. The Resolution further authorized the City Manager to extend the duration of the Declaration on April 30, 2020, for an additional 7-day increment, which would commence on May 1, 2020, and end on May 7, 2020.

On May 1, 2020, the City Commission adopted Resolution No. 2020-31246, authorizing the City Manager to extend the duration of the Declaration for an additional period of seven (7) days, commencing on May 8, 2020, and ending on May 14, 2020.

On May 13, 2020, the City Commission adopted Resolution No. 2020-31273, authorizing the City Manager to extend the Declaration for an additional seven (7) days, commencing on May 15, 2020 and ending on May 21, 2020, and further authorizing the City Manager to extend the Declaration by one (1) additional day, commencing at 12:00 a.m. on May 22, 2020, and ending at 11:59 p.m. on May 22, 2020.

On May 22, 2020, the City Commission adopted Resolution No. 2020-31280, authorizing the City Manager to extend the duration of the Declaration for an additional period of seven (7) days, commencing on May 23, 2020, and ending on May 29, 2020.

On May 28, 2020, the City Commission adopted Resolution No. 2020-31282, authorizing the City Manager to extend the duration of the Declaration for an additional period of seven (7) days, commencing on May 30, 2020, and ending on June 5, 2020.

On June 5, 2020, the Mayor and City Commission adopted Resolution No. 2020-31284, authorizing the City Manager to extend the Declaration for an additional seven (7) days, commencing on June 6, 2020 and ending on June 12, 2020.

On June 12, 2020, the Mayor and City Commission adopted Resolution No. 2020-32187, authorizing the City Manager to extend the Declaration for an additional seven (7) days, commencing at 12:00 a.m. on June 13, 2020, and ending at 11:59 p.m. on June 19, 2020, and further authorizing the City Manager to extend the Declaration for an additional period of five (5) days, commencing at 12:00 a.m. on June 20, 2020, and ending at 11:59 p.m. on June 24, 2020.

On June 24, 2020, the Mayor and City Commission adopted Resolution No. 2020-31308, authorizing the City Manager to extend the Declaration for an additional seven (7) days, commencing at 12:00 a.m. on June 25, 2020, and ending at 11:59 p.m. on July 1, 2020, and further authorizing the City Manager to extend the Declaration for two (2) additional 7-day increments, and one (1) additional 2-day increment, commencing at 12:00 a.m. on July 2, 2020, and ending at 11:59 p.m. on July 17, 2020.

On July 17, 2020, the Mayor and City Commission adopted Resolution No. 2020-31312, authorizing the City Manager to extend the Declaration for an additional seven (7) days, commencing at 12:00 a.m. on July 18, 2020, and ending at 11:59 p.m. on July 24, 2020, and further authorizing the City Manager to extend the Declaration for one (1) additional 5-day increment, commencing at 12:00 a.m. on July 25, 2020, and ending at 11:59 p.m. on July 29, 2020.

On July 29, 2020, the Mayor and City Commission adopted Resolution No. 2020-31372, authorizing the City Manager to extend the Declaration for an additional seven (7) days, commencing at 12:00 a.m. on July 30, 2020, and ending at 11:59 p.m. on August 5, 2020, and further authorizing the City Manager to extend the Declaration for six (6) additional 5-day increments, commencing at 12:00 a.m. on August 6, 2020, and ending at 11:59 p.m. on September 16, 2020.

On September 16, 2020, the Mayor and City Commission adopted Resolution No. 2020-31424, authorizing the City Manager to extend the Declaration for an additional seven (7) days, commencing at 12:00 a.m. on September 17, 2020, and ending at 11:59 p.m. on September 23, 2020, and further authorizing the City Manager to extend the Declaration for three (3) additional 7-day increments, which would commence at 12:00 a.m. on September 24, 2020, and end at 11:59 p.m. on October 14, 2020.

On October 14, 2020, the Mayor and City Commission adopted Resolution No. 2020-31463, authorizing the City Manager to extend the Declaration for an additional seven (7) days, commencing at 12:00 a.m. on October 15, 2020, and ending at 11:59 p.m. on October 21, 2020, and further authorizing the City Manager to extend the Declaration for four (4) additional 7-day increments, which would commence at 12:00 a.m. on October 22, 2020, and end at 11:59 p.m. on November 18, 2020.

On November 18, 2020, the Mayor and City Commission adopted Resolution No. 2020-31506, authorizing the City Manager to extend the Declaration for an additional seven (7) days, commencing at 12:00 a.m. on November 19, 2020, and ending at 11:59 p.m. on November 25, 2020, and further authorizing the City Manager to extend the Declaration for two (2) additional 7-day increments, which would commence at 12:00 a.m. on November 26, 2020, and end at 11:59 p.m. on December 9, 2020.

On December 9, 2020, the Mayor and City Commission adopted Resolution No. 2020-31529, authorizing the City Manager to extend the Declaration for an additional seven (7) days, commencing at 12:00 a.m. on December 10, 2020, and ending at 11:59 p.m. on December 16, 2020, and further authorizing the City Manager to extend the Declaration for four (4) additional 7-day increments, which would commence at 12:00 a.m. on December 17, 2020, and end at 11:59 p.m. on January 13, 2021.

On January 13, 2021, the Mayor and City Commission adopted Resolution No. 2021-31558, authorizing the City Manager to extend the Declaration for an additional seven (7) days, commencing at 12:00 a.m. on January 14, 2021, and ending at 11:59 p.m. on January 20, 2021, and further authorizing the City Manager to extend the Declaration for three (3) additional 7-day increments, which would commence at 12:00 a.m. on January 21, 2021, and end at 11:59 p.m. on February 10, 2021.

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 February 11, 2021, and ending at 11:59 p.m. on February 17, 2021. In addition, the Resolution authorizes the City Manager to extend the Declaration for four (4) additional 7-day increments, commencing at 12:00 a.m. on February 18, 2021, and ending at 11:59 p.m. on March 17, 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.

SUPPORTING SURVEY DATA

n/a

Applicable Area

Not Applicable
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 

Strategic Connection

Non-Applicable
Legislative Tracking
Office of City Attorney

ATTACHMENTS:
Description
Resolution Extending Declaration of a State of Emergency, COVID-19
Exhibit A: Resolution No. 2020-31474