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Resolution 2021-31760 RESOLUTION NO. 2021-31760 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 JUNE 27, 2021, IN THE CITY OF MIAMI BEACH IN SUPPORT OF THE ONGOING EMERGENCY RESPONSE RELATING TO THE CHAMPLAIN TOWERS BUILDING COLLAPSE, WITH THE INITIAL EXTENSION FOR A PERIOD OF SEVEN (7) DAYS, COMMENCING AT 12:00 A.M. ON JUNE 30, 2021, AND ENDING AT 11:59 P.M. ON JULY 6, 2021; FURTHER AUTHORIZING THE CITY MANAGER TO CONTINUE TO EXTEND THE DECLARATION OF A STATE OF EMERGENCY FOR ADDITIONAL SEVEN-DAY INCREMENTS, IF NECESSARY, WHICH WOULD COMMENCE AT 12:00 A.M. ON JULY 7, 2021 AND END AT 11:59 P.M. ON JULY 28, 2021; PROVIDING THAT NO EMERGENCY ACTION TAKEN BY THE CITY MANAGER SHALL BE BINDING ON THE CITY COMMISSION BEYOND THE PERIOD OF THE STATE OF EMERGENCY, AND FURTHER PROVIDING THAT THE DECLARATION OF EMERGENCY SHALL BE TERMINABLE BY THE CITY COMMISSION BY RESOLUTION, AT A DULY NOTICED MEETING. WHEREAS, in the early morning of June 24, 2021, a portion of the residential building located at 8777 Collins Avenue ("Champlain Towers"), experienced a major structural collapse, a tragedy resulting in significant loss of life; and WHEREAS, on June 24, 2021, Governor Ron DeSantis issued Executive Order 21-148, declaring a state of emergency relating to the building collapse, and directing state and local government agencies to identify personnel to assist in response, recovery and mitigation needs threatened by this emergency; and WHEREAS, on June 24, 2021, Miami-Dade County Mayor Daniella Levine Cava issued a Miami-Dade County Declaration of Local State of Emergency, which includes all of Miami-Dade County, both incorporated and unincorporated; and WHEREAS, on June 25, 2021, President Joseph R. Biden declared that an emergency exists in the State of Florida due to the emergency conditions relating to the building collapse, and ordered Federal assistance to supplement State and local response efforts; and WHEREAS, the Champlain Towers building is located in Surfside, Florida, immediately north of 87th Terrace, the City's northern boundary; and WHEREAS, since June 24, 2021, the City immediately deployed substantial resources in support of the response, recovery and mitigation efforts, pursuant to the Governor's Executive Order 21-148 and Miami-Dade County's Declaration of a Local State of Emergency; and WHEREAS, the City has made available personnel from multiple departments, including police, fire, public works, sanitation, and other departments, and has also made available vehicles and heavy equipment for the removal of construction debris, among other resources; and WHEREAS, due to the proximity of the Champlain Towers building to the City's northern boundary, a significant portion of the staging for the emergency response efforts is taking place within the City, including use of City streets, property and other facilities for search and rescue command centers, the use of City parking lots for personnel and equipment, and the use of City property to support the significant media presence on the scene of this national tragedy; and WHEREAS, as a result of the emergency efforts in the vicinity of the Champlain Towers building, the City Manager has temporarily closed North Beach Oceanside Park in the interest of the public health, safety and welfare, pursuant to the City Manager's authority under Section 82-2 of the City Code; and WHEREAS, the significant logistical efforts involved with the response efforts, much of which is taking place within the City, has resulted in the need to cancel events scheduled to take place in the vicinity of the area, including at the North Beach Bandshell; and WHEREAS, in the coming days, the emergency conditions relating tothe building collapse will likely require the City Manager to implement emergency measures, including the temporary closure of certain City streets pursuant to Section 316.008 of the Florida Statutes, the cancellation of events, and other measures in areas north of 63rd Street, in order to maintain public safety and order, and properly support the emergency response, recovery and mitigation efforts; and WHEREAS, as the City has been incurring substantial expenses in support of the emergency response since June 24, 2021, State FEMA representatives at the scene have recommended that the City declare its own state of emergency to request state assistance or take any other action in order to obtain reimbursement for City's emergency response efforts; and WHEREAS, pursuant to Sections 26-31 and 26-33 of the City Code and Chapter 252 of the Florida Statutes, the City Manager of the City of Miami Beach is authorized to declare a state of emergency, with such limitations and conditions as the City Manager may deem appropriate; and 2 WHEREAS, pursuant to City Code Section 26-35, the duration of such Declaration of a State of Emergency 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 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, on June 27, 2021, pursuant to the authority vested in her under Florida law, City Manager Alina T. Hudak declared a state of emergency relating to the building collapse; and WHEREAS, on June 27, 2021, pursuant to Miami Beach Charter Section 2.04, Mayor Gelber has called a Special City Commission Meeting on June 28, 2021 at 5:30 p.m. to discuss the City Manager's June 27, 2021 Declaration of a State of Emergency relating to the Champlain Towers Building Collapse and take action with regard to any extension thereof and all associated measures; and WHEREAS, 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, dated June 27, 2021, with the initial extension for a period of seven (7) days, commencing at 12:00 a.m. on June 30, 2021, and ending at 11:59 p.m. on July 6, 2021, in accordance with state law, in order to obtain reimbursement for expenses incurred in the ongoing emergency response relating to the Champlain Towers building collapse; and WHEREAS, further, the City Manager requests that the Mayor and City Commission authorize the City Manager to continue to extend the Declaration of a State of Emergency for additional increments through July 28, 2021. 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 in support of the ongoing emergency response relating to the Champlain Towers building collapse; said extension for a period of seven (7) days, commencing at 12:00 a.m. on June 30, 2021, and ending at 11:59 p.m. on July 6, 2021. 2. The City Manager is further authorized to extend the Declaration of a State of Emergency in the City of Miami Beach in additional increments, which would commence at 12:00 a.m. on July 7, 2021, and end at 11:59 p.m. on July 28, 2021. 3 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 28th day of'June, 2021. ATTEST: Dan Gelber, Mayor 1/2,3%,.tet Rafa E. Gra ado City Clerk li CORPO TED.` APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 7 - 1 - Z-1 City Attorney Date 4 New Business and Commission Requests-R9 A MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael E.Granado,City Clerk DATE: June 28,2021 SUBJECT: DISCUSS THE CITY MANAGER'S JUNE 27,2021 DECLARATION OF A STATE OF EMERGENCY RELATING TO THE CHAMPLAIN TOWERS BUILDING COLLAPSE AND TAKE ACTION WITH REGARD TO ANY EXTENSION THEREOF AND ALL ASSOCIATED MEASURES. ANALYSIS Pursuant to Miami Beach Charter Section 2.04, Mayor Gelber has called a Special Hybrid City Commission Meeting on June 28, 2021 at 5:30 p.m. to discuss the City Manager's June 27, 2021 Declaration of a State of Emergency relating to the Champlain Towers Building Collapse and take action with regard to any extension thereof and all associated measures. A copy of the City Manager's June 27,2021 Declaration of a State of Emergency relating to the Champlain Towers Building Collapse is attached hereto. SUPPORTING SURVEY DATA N/A Applicable Area North Beach Is this a"Residents Right Does this item utilize G.O to Know"item,pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Mayor Dan Gelber ATTACHMENTS: Description o Declaration of State of Emergency DocuSign Envelope ID:F97C0920-3193-48D7-9293-EE117CA5639B CITY OF MIAMI BEACH DECLARATION OF A STATE OF EMERGENCY RELATING TO CHAMPLAIN TOWERS BUILDING COLLAPSE June 27, 2021 - EFFECTIVE IMMEDIATELY WHEREAS, in the early morning of June 24, 2021, a portion of the residential building located at 8777 Collins Avenue ("Champlain Towers"), experienced a major structural collapse, resulting in fatalities, with at least 156 persons who are currently unaccounted for; and WHEREAS, on June 24, 2021, Governor Ron DeSantis issued Executive Order 21-148, declaring a state of emergency relating to the building collapse, and directing state and local government agencies to identify personnel to assist in response, recovery and mitigation needs threatened by this emergency; and WHEREAS, on June 24, 2021, Miami-Dade County Mayor Daniella Levine Cava issued a Miami-Dade County Declaration of Local State of Emergency, which includes all of Miami- Dade County, both incorporated and unincorporated; and WHEREAS, on June 25, 2021, President Joseph R. Biden declared that an emergency exists in the State of Florida due to the emergency conditions relating to the building collapse, and ordered Federal assistance to supplement State and local response efforts; and WHEREAS, the Champlain Towers building is located in Surfside, Florida, immediately north of 87th Terrace, the City's northern boundary; and WHEREAS, since June 24, 2021, the City immediately deployed substantial resources in support of the response, recovery and mitigation efforts, pursuant to the Governor's Executive Order 21-148 and Miami-Dade County's Declaration of a Local State of Emergency; and WHEREAS, the City has made available personnel from multiple departments, including police, fire, public works, sanitation, and other departments, and has also made available vehicles and heavy equipment for the removal of construction debris, among other resources; and WHEREAS, due to the proximity of the Champlain Towers building to the City's northern boundary, a significant portion of the staging for the emergency response efforts is taking place within the City, including use of City streets, property and other facilities for search and rescue command centers, the use of City parking lots for personnel and equipment, and the use of City property to support the significant media presence on the scene of this national tragedy; and DocuSign Envelope ID:F97C0920-3193-48D7-9293-EE117CA5639B Declaration of a State of Emergency—Champlain Towers Building Collapse June 27, 2021 Page 2 of 3 WHEREAS, as a result of the emergency efforts in the vicinity of the Champlain Towers building, the City Manager has temporarily closed North Beach Oceanside Park in the interest of the public health, safety and welfare, pursuant to the City Manager's authority under Section 82-2 of the City Code; and WHEREAS, the significant logistical efforts involved with the response efforts, much of which is taking place within the City, has resulted in the need to cancel events scheduled to take place in the vicinity of the area, including at the North Beach Bandshell; and WHEREAS, in the coming days, the emergency conditions relating to the building collapse will likely require the City Manager to implement emergency measures, including the temporary closure of certain City streets pursuant to Section 316.008 of the Florida Statutes, the cancellation of events, and other measures in areas north of 63rd Street, in order to maintain public safety and order, and properly support the emergency response, recovery and mitigation efforts; and WHEREAS, as the City has been incurring substantial expenses in support of the emergency response since June 24, 2021, State FEMA representatives at the scene have recommended that the City declare its own state of emergency to request state assistance or take any other action in order to obtain reimbursement for City's emergency response efforts; and WHEREAS, pursuant to Sections 26-31 and 26-33 of the City Code and Chapter 252 of the Florida Statutes, the City Manager of the City of Miami Beach is authorized to declare a state of emergency, 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 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 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. NOW,THEREFORE, I,ALINA T. HUDAK, as City Manager for the City of Miami Beach, Florida, declare as follows: Pursuant to the authority vested in me under Florida law and Section 26-31 of the City of Miami 2 DocuSign Envelope ID:F97C0920-3193-48D7-9293-EE117CA5639B Declaration of a State of Emergency—Champlain Towers Building Collapse June 27, 2021 Page 3 of 3 Beach Code of Laws and Ordinances, I have determined that a State of Emergency exists in the City, and that there is a need to declare this State of Emergency to maintain public order, protect the public health, safety and general welfare of the City of Miami Beach, and utilize resources in support of the continuing emergency response relating to the Champain Towers building collapse. Pursuant to this Declaration and as otherwise permitted by law, further emergency measures may be issued by the City Manager due to the emergency conditions relating to the building collapse, including, without limitation, measures such as the temporary closure to the public of public streets, alleys/right-of-ways, parks, beaches, and publicly-owned buildings; the cancellation of events; and other measures as may be deemed necessary by the City Manager to properly protect the public and support the ongoing response, recovery and mitigation efforts relating to the Champlain Towers building collapse. CITY OF MIAMI BEACH, FLORIDA —DocuSigned by: Q(,iLn,a thotM r/Ab1l Tu L . J4`J Alina « ak City Manager 6/27/2021 19:23 AM EDT Date and Time: ATTEST: Dom'Signed by: Kafae,L GrtLIAAh 6AB1313A0BFB5EA CF.. Rafael E. Granado, City Clerk 3