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Resolution 2020-31280 RESOLUTION NO. 2020-31280 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 MAY 22, 2020, SUCH EXTENSION FOR AN ADDITIONAL PERIOD OF SEVEN (7) DAYS, COMMENCING ON MAY 23, 2020 AND ENDING ON MAY 29, 2020, 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; FURTHER, 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; AND PROVIDED FURTHER, THAT THE SUBJECT DECLARATION OF EMERGENCY SHALL BE TERMINABLE BY THE CITY COMMISSION IN ACCORDANCE WITH THE PROVISIONS OF THIS RESOLUTION. WHEREAS, coronavirus disease 2019 ("COVID-19"), a severe acute respiratory illness caused by the SARS-CoV-2 virus that can spread rapidly from person to person and cause serious illness or death, constitutes a clear and present threat to the lives, health, welfare and safety of the people of the City of Miami Beach; and WHEREAS, on March 9, 2020, Governor Ron DeSantis issued Executive Order 20-52, declaring a State of Emergency for the State of Florida related to COVID-19; and WHEREAS, on March 11, 2020, the World Health Organization declared the rapidly spreading coronavirus outbreak a pandemic; and WHEREAS, on March 12, 2020, Miami-Dade County Mayor Carlos Gimenez declared a State of Emergency for all of Miami-Dade County due to the threats associated with COVID-19; and WHEREAS, on March 12, 2020, City Manager for the City of Miami Beach declared a State of Emergency for the City of Miami Beach, as COVID-19 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, which declaration was amended on March 13, 2020, and the findings of which are hereby incorporated by reference; and WHEREAS, on March 13, 2020, the Mayor and City Commission of the City of Miami Beach unanimously adopted Resolution No. 2020-31192, authorizing the City Manager to extend the duration of the Declaration of a State of Emergency and implement discretionary emergency measures for an additional period of seven (7) days, commencing on March 12, 2020, and ending on March 19, 2020, to address the COVID- 19 pandemic and protect the public health, safety and welfare of the people of the City of Miami Beach, the findings of which are hereby incorporated by reference; and WHEREAS, on March 13, 2020, President Trump declared a national emergency due to COVID-19; and WHEREAS, on March 18, 2020, the Mayor and City Commission unanimously adopted Resolution No. 2020-31219, authorizing the City Manager to extend the duration of the Declaration of a State of Emergency and implement discretionary emergency measures for an additional period of seven (7) days, commencing on March 19, 2020, and ending on March 26, 2020, to address the COVID-19 pandemic and protect the public health, safety and welfare of the people of the City of Miami Beach, the findings of which are hereby incorporated by reference; and WHEREAS, the rate of infection throughout the world and in the United States has accelerated rapidly, with more than 4,924,208 confirmed cases worldwide as of May 19, 2020; and WHEREAS, as the result of the rapid and exponential spread of COVID-19, countries such as Spain, Italy, India, Czech Republic, France, Jordan, and the United Kingdom have imposed strict measures limiting travel, and ordering citizens to stay at home to avoid or minimize the community spread of COVID-19; and WHEREAS, as of May 19, 2020, the United States has recorded over 1,552,140 confirmed cases, with more than 92,064 deaths; and WHEREAS, during March and April of 2020, the accelerating infection rate for COVID-19 led at least 42 states (including Florida), and countless local governments, including Miami-Dade County, to issue orders curtailing mobility and travel, through "Shelter in Place," "Stay at Home,"or"Safer at Home"orders, in order to minimize contact through social distancing measures and reduce the risk of COVID-19 infection, with over 316 million Americans subject to such orders as of April 27, 2020, accounting for over 97% of the country's population; and WHEREAS, as of May 19, 2020, the Florida Department of Health lists 46,442 positive cases of COVID-19 and 1,997 deaths, with South Florida emerging as a "hotspot" for these infections — with 6,322 confirmed cases in Broward County and 15,864 confirmed cases in Miami-Dade County, together accounting for more than half of the state's total; and 2 WHEREAS, as of May 19, 2020, 566 individuals in Miami-Dade County have died due to complications from COVID-19, including a long-time nurse at Jackson Memorial Hospital in Miami; and WHEREAS, health experts urge people to practice extreme social distancing in order to "flatten the curve," which refers to the use of protective practices to slow the rate of COVID-19 infection, so that hospitals have sufficient room, supplies, and medical personnel for all of the patients who may need care due to COVID-19; and WHEREAS, the failure to "flatten the curve" at the early onset of the COVID-19 pandemic in Italy has filled many hospitals in Italy beyond their capacity, forcing emergency rooms to close their doors to new patients, allocate ventilators and ICU beds to patients with highest chances of survival, hire hundreds of new doctors and healthcare personnel, and request emergency supplies of basic medical equipment, like respirator masks, from abroad; and WHEREAS, Dr. Anthony S. Fauci, the Director of the National Institute of Allergy and Infectious Diseases and the United States government's top infectious disease expert, has warned that COVID-19 could kill between 100,000 to 200,000 Americans, despite social distancing measures already taken across the country; and WHEREAS, COVID-19 continues to impact first responders on a global and national scale — in Italy, 8,358 health workers have tested positive for coronavirus, according to the Italian National Institute of Health, and over 60 doctors who were infected with the coronavirus have died; and WHEREAS, as Spain overtook China on March 30, 2020, in the number of confirmed coronavirus infections, the pandemic stretched Spanish hospitals to their breaking points — at least six of Spain's 17 regions had reached their limit of ICU beds and three more regions were approaching it, according to Spanish authorities; and WHEREAS, the COVID-19 outbreak has already overwhelmed some United States hospitals in areas with the highest infection rates, leading the U.S. military to prepare to deploy field hospitals in New York and Seattle, send military hospital ships to Los Angeles and New York City, and task the Army Corps of Engineers to convert hotels and dormitories into treatment facilities for sick patients; and WHEREAS, the spread of COVID-19 via travel, including business and leisure travel, presents unique challenges to a resort community like Miami Beach, as attracting visitors and tourists is utterly incompatible with social distancing efforts; and WHEREAS, in spite of warnings from City, County, State, and Federal governmental agencies, including the Centers for Disease Control and Prevention (the "CDC"), thousands of students and other persons congregated in Miami Beach for"Spring Break" and other social activities, and congregated in and around parks, beaches, hotels, restaurants, bars, nightclubs, and other places of public assemblage, without observing 3 the social distancing guidelines recommended by the CDC, thus increasing the risk of transmission; and WHEREAS, as of April 2, 2020, at least four Miami Beach police officers, one of which was assigned to patrol the Ocean Drive area during a peak "Spring Break" period, have contracted COVID-19; and WHEREAS, there is reason to believe that COVID-19 may be spread amongst the population by various means of exposure, including the propensity to spread person-to- person and the propensity to attach to surfaces for prolonged periods of time, thereby spreading from surface to person and causing property loss and damage in certain circumstances; and WHEREAS, the media has reported that two religious leaders in the Surfside/Bal Harbour area have contracted COVID-19, and accordingly, continued gatherings in places of public assemblage, such as religious institutions, pose a risk to the health, safety and welfare of the people of the City of Miami Beach; and WHEREAS, since Miami-Dade County's initial declaration of a State of Emergency, Miami-Dade County has issued various Emergency Orders temporarily closing public and private facilities, including the temporary closure of all non-essential retail and commercial establishments within Miami-Dade County(as such term is defined in Miami-Dade County's Emergency Orders), subject to any further restrictions as may be ordered by municipalities within their jurisdictions; and WHEREAS, in response to the threat posed by COVID-19 to the health, safety and welfare of the City's residents, since March 12, 2020, City Manager of the City of Miami Beach have imposed a number of temporary emergency measures to limit the inflow of leisure guests to the City and require the closure of, and limit crowds in, public facilities, public property, and places of public assemblage (including, without limitation, hotels, restaurants, bars, nightclubs, concert halls, entertainment venues, movie theaters, and houses of worship), as well as other restrictions on travel and gatherings of any number of people, including imposition of a general curfew throughout the City, in order to reduce community spread, relieve pressure on hospitals and healthcare personnel, protect workers, and maintain social order; and WHEREAS, other counties and municipalities in Florida, including Miami-Dade County, Monroe County, and Key Biscayne, have issued emergency orders with restrictions on commercial lodging establishments within their jurisdictions; and WHEREAS, many countries have enacted travel restrictions in response to the spread of COVID-19, including the United States, which issued a Level 4 "Do Not Travel" global health advisory, advising United States citizens to avoid all international travel due to the global impact of COVID-19; and WHEREAS, in an effort to further implement social distancing practices to curb the spread of COVID-19, on March 23, 2020, City Manager issued a "Safer at Home" 4 Emergency Order, requiring all persons living in the City to remain in their homes to the maximum extent possible, except to engage in essential activities as set forth in the Order; and WHEREAS, other cities in Miami-Dade County, including Miami, Hialeah, Coral Gables, Surfside, North Bay Village, Golden Beach, Aventura, Bay Harbor Islands, and Doral have also issued similar orders for residents; and WHEREAS, however, domestic air travel remains unrestricted and Florida continues to receive guests and visitors from high risk areas, such as visitors from New York seeking shelter in Florida, potentially further compounding the public health emergency and straining resources for local governments in Florida; and WHEREAS, on March 23, 2020, Florida Governor Ron DeSantis issued Executive Order No. 20-80, requiring visitors entering the State of Florida through airports from New York, New Jersey, and Connecticut to isolate or quarantine for a period of 14 days following their arrival in Florida, in an effort to stop the spread of COVID-19; and WHEREAS, subsequently, on March 27, 2020, Governor DeSantis issued Executive Order 20-86, requiring visitors entering the State of Florida from Louisiana to isolate or quarantine for a period of 14 days following their arrival in Florida; and WHEREAS, on March 27, 2020, Governor DeSantis also issued an executive order suspending operations of all vacation rentals in Florida and prohibiting them from making new reservations or bookings and accepting new guests for check-in for the duration of the order; and WHEREAS, on March 27, 2020, the United States Congress approved the largest economic relief package in United States history, allocating $2 trillion to provide immediate assistance to individual Americans, small businesses, and major industries on the brink of economic collapse amid the ongoing pandemic; and WHEREAS, on March 29, 2020, in recognition that extreme social distancing measures are critical to containment of the pandemic, President Trump extended federal social distancing guidelines through April 30, recommending that all Americans must continue to avoid nonessential travel, going to work, eating at bars and restaurants, or gathering in groups of more than 10 persons; and WHEREAS, on March 30, 2020, Governor DeSantis issued an executive order directing Miami-Dade County, Broward County, Palm Beach County, and Monroe County (which together account for over sixty (60) percent of Florida's identified COVID-19 cases), to restrict public access to businesses and facilities deemed non-essential pursuant to the guidelines established by Miami-Dade County pursuant to its March 19, 2020 Emergency Order 07-20, as amended; and WHEREAS, on March 31, 2020, Governor DeSantis issued a stay-at-home order for Miami-Dade County, Broward County, Palm Beach County, and Monroe County; and 5 WHEREAS, on April 3, 2020, the CDC announced national guidelines recommending that all persons use non-medical grade masks when engaging in any activities outside the home; and WHEREAS, on April 3, 2020, the City issued an Emergency Order requiring all employees and customers of grocery stores, pharmacies and restaurant facilities to wear a form of covering over their nose and mouth at all times when inside these establishments, and strongly encouraging the use of such coverings in all other essential retail and commercial businesses; and WHEREAS, in order to create additional capacity in hospitals, the State of Florida has determined that there is an urgent need to construct, rehabilitate and install treatment facilities to house and treat those residents and visitors of the State who are suffering from COVID-19 and non-COVID-19 illnesses; and WHEREAS, on Wednesday, April 8, 2020, City of Miami Beach Mayor Dan Gelber, along with Governor DeSantis, Miami-Dade County Mayor Carlos Gimenez and Lt. Gen. Todd T. Semonite, Commanding General of the United States Army Corps of Engineers, announced an initiative to repurpose the Miami Beach Convention Center as a temporary medical facility for COVID-19 patients, which will initially include up to 450 beds, with capacity for additional beds if necessary; and WHEREAS, on April 29, 2020, Governor DeSantis issued Emergency Order 20- 112, which, in pertinent part, permits certain businesses required to close pursuant to previous exeutive orders to reopen (subject to certain restrictions), effective May 4, 2020; and WHEREAS, in recognition of widespread transmission of COVID-19 in South Florida, and the need to continue emergency measures in South Florida, Executive Order 20-112 exempts Miami-Dade, Broward, and Palm Beach counties from the reopening provisions of the Order, providing that"allowances for services and activities from . . . this order will be considered in consultation with local leadership"; and WHEREAS, pursuant to Sections 26-31 and 26-33 of the City Code and Chapter 252 of the Florida Statutes, City Manager of the City of Miami Beach is authorized to declare a state of emergency and order and promulgate discretionary emergency measures, with such limitations and conditions as the City Manager may deem appropriate; and WHEREAS, pursuant to City Code Section 26-35, the duration of such Declaration of a State of Emergency(and any such discretionary emergency measures implemented pursuant thereto) is limited to a period of 72 consecutive hours, unless an extension is authorized by the City Commission by duly enacted resolution in a regular or special session of the City Commission; and 6 WHEREAS, Section 252.38, Florida Statutes, provides that the duration of each State of Emergency declared locally is limited to a period of seven (7) days; however, Section 252.38 also provides that such local State of Emergency may be extended, as necessary, in 7-day increments; and WHEREAS, in Resolution No. 2020-31219, the Mayor and City Commission further authorized the City Manager to continue to extend the Declaration of a State of Emergency in the City of Miami Beach, for four (4) additional 7-day increments, which would commence on March 26, 2020, and end on April 23, 2020; and WHEREAS, on April 2, 2020, and pursuant to Resolution No. 2020-31219, the City Manager extended the Declaration of a State of Emergency for an additional period of seven (7) days, commencing on April 3, 2020, and ending on April 9, 2020; and WHEREAS, on April 9, 2020, the City Manager extended the Declaration of a State of Emergency for an additional period of seven (7) days, commencing on April 10, 2020, and ending on April 16, 2020; and WHEREAS, on April 16, 2020, the City Manager extended the Declaration of a State of Emergency for an additional period of seven (7) days, commencing on April 17, 2020, and ending on April 23, 2020; and WHEREAS, on April 22, 2020, the Mayor and City Commission unanimously adopted Resolution No. 2020-31245, authorizing the City Manager to extend the duration of the Declaration of a State of Emergency and implement discretionary emergency measures for an additional period of seven (7) days, commencing on April 24, 2020, and ending on April 30, 2020, to address the COVID-19 pandemic and protect the public health, safety and welfare of the people of the City of Miami Beach, the findings of which are hereby incorporated by reference; and WHEREAS, Resolution No. 2020-31245 further authorized the City Manager to extend the Declaration of a State of Emergency in the City of Miami Beach, on April 30, 2020, for an additional 7-day increment, which would commence on May 1, 2020, and end on May 7, 2020; and WHEREAS, on April 30, 2020, the City Manager extended the Declaration of a State of Emergency for an additional period of seven (7) days, commencing on May 1, 2020, and ending on May 7, 2020; and WHEREAS, on May 1, 2020, the Mayor and City Commission adopted Resolution No. 2020-31246, and authorized the City Manager to extend the Declaration of a State of Emergency in the City of Miami Beach, for an additional 7-day increment, which would commence on May 8, 2020, and end on May 14, 2020, to address the COVID-19 pandemic and protect the public health, safety and welfare of the people of the City of Miami Beach, the findings of which are hereby incorporated by reference; and 7 WHEREAS, on May 7, 2020, the City Manager extended the Declaration of a State of Emergency for an additional seven (7) days, commencing on May 8, 2020 and ending on May 14, 2020; and WHEREAS, on May 13, 2020, the Mayor and City Commission adopted Resolution No. 2020-31273, authorizing the City Manager to extend the Declaration of a State of Emergency 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 of a State of Emergency 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; and WHEREAS, on May 14, 2020, the City Manager extended the Declaration of a State of Emergency for an additional seven (7) days, commencing on May 15, 2020 and ending on May 21, 2020; and WHEREAS, as continued measures are required to address the COVID-19 pandemic, the City Manager hereby requests that the Mayor and City Commission authorize the City Manager to extend the Declaration of a State of Emergency in the City of Miami Beach, for an additional 7-day increment, which would commence on May 23, 2020, and end on May 29, 2020; and WHEREAS, the Mayor and City Commission hereby acknowledge and consent to the aforestated 7-day incremental extensions; provided, however, that at any duly-noticed regular or special City Commission meeting, the Mayor and City Commission may determine whether any further extensions of the City Manager's Declaration of a State of Emergency are necessary and warranted; and WHEREAS, should the currently scheduled meetings of the Mayor and City Commission be canceled or rescheduled to a subsequent date, the City Manager shall call a special emergency meeting of the City Commission, pursuant to Section 2.04 of the City Charter, for the express purpose of terminating or continuing to extend the Declaration of a State of Emergency. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: 1. The City Manager is hereby authorized to extend the Declaration of a State of Emergency in the City of Miami Beach to address the COVID-19 pandemic; said extension for an additional period of seven (7) days, commencing on May 23, 2020, and ending on May 29, 2020. 2. The scope of any emergency measures ordered by the City Manager pursuant to the Declaration of a State of Emergency 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 8 otherwise limit the ability of the City Commission to undo any action of the City Manager, whether contractually or legislatively. 3. The City Commission may, at a duly-noticed City Commission meeting, determine whether the then-current extension of the Declaration of a State of Emergency should be rescinded, or whether any further extensions are warranted. Should the currently scheduled meetings of the Mayor and City Commission be canceled or rescheduled to a subsequent date, the City Manager shall call a special emergency meeting of the City Commission, pursuant to Section 2.04 of the City Charter, for the express purpose of terminating or continuing to extend the Declaration of a State of Emergency. PASSED and ADOPTED this o day of /277 , 2020. ATTEST: f Dan Gelber, Mayor 11Sl Rafa E. Gr nado, City Clerk % INCORP OPATED-' i 'P OVED AS TO Ft.'' & LANGUAGE 'OR EXECUTION IP ty Attorney 2'0 VIC Da 9 Resolutions - R7 A MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, City Attorney DATE: May 22, 2020 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 MAY 22, 2020, SUCH EXTENSION FOR AN ADDITIONAL PERIOD OF SEVEN (7) DAYS, COMMENCING ON MAY 23, 2020 AND ENDING ON MAY 29, 2020; AND PROVIDED FURTHER, THAT THE SUBJECT DECLARATION OF EMERGENCY SHALL BE TERMINABLE BY THE CITY COMMISSION IN ACCORDANCE WITH THE PROVISIONS OF THIS RESOLUTION. ANALYSIS • 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 ("COVI D-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 seven-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, Page 17 of 47 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 of a State of Emergency 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 of a State of Emergency 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. The attached Resolution authorizes 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. Applicable Area Not Applicable Is this a"Residents Right Does this item utilize 0.0. to Know" item, pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Office of the City Attorney ATTACHMENTS: Description ❑ Resolution Page 18 of 47