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
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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.
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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
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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
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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
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