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Resolution 2021-31631 RESOLUTION NO. 2021-31631 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY MANAGER TO SUSPEND OR PRORATE ANNUAL SIDEWALK CAFÉ PERMIT FEES FOR THE PERIOD OF TIME COMMENCING ON APRIL 1, 2021, THROUGH AND INCLUDING SEPTEMBER 30, 2021, PURSUANT TO CITY CODE SECTION 82-383(B) AND THE CITY'S DECLARATION OF A STATE OF EMERGENCY, DATED MARCH 12, 2020, IN RESPONSE TO THE COVID-19 PANDEMIC. WHEREAS, City Code Section 82-383(b) provides that the City Manager may, "in his reasonable discretion and judgment, . . . suspend or prorate the annual permit fee in cases of public construction or public emergency situations"; and 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 entire State of Florida as a result of 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, the 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; and WHEREAS, subsequently, both the County and the City issued various Emergency Orders temporarily closing public and private facilities, including the temporary closure of all non- essential retail and commercial establishments, and the closure of all restaurants for in-person dining; and WHEREAS, the foregoing measures have greatly limited economic activity in the City of Miami Beach, and continue to adversely impact City businesses, including restaurants; and WHEREAS, the path to re-opening businesses in the City must promote business operation and economic recovery while safeguarding the public's health and safety; and WHEREAS, several months of business closures and significant reductions to indoor occupancy have placed severe financial strain on many restaurants in the City; and Page 436 of 2284 WHEREAS, on May 13, 2020, the Mayor and City Commission adopted Resolution No. 2020-31275, directing the City Manager to suspend or prorate annual sidewalk café permit fees through September 30, 2020, pursuant to City Code Section 82-383(b) and the City's Declaration of a State of Emergency, dated March 12, 2020, in response to the COVID-19 pandemic; and WHEREAS, additional extensions were adopted on September 16, 2020, via Resolution No. 2020-31405, for the period of time commencing on October 1, 2020, through and including December 31, 2020; and on December 9, 2020, via Resolution No. 2020-31523 for the period commencing on January 1, 2021 through and including March 31, 2021; and WHEREAS, the Administration would like to request another extension to suspend or prorate annual sidewalk café permit fees through the end of the fiscal year, which is September 30, 2021 in order to continue to promote business operations and economic recovery in the City. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,that the Mayor and City Commission hereby direct the City Manager to suspend or prorate annual sidewalk café permit fees for the period of time commencing on April 1, 2021, through and including September 30, 2021, pursuant to City Code Section 82-383(b) and the City's Declaration of a State of Emergency, dated March 12, 2020, in response to the COVID-19 pandemic. PASSED and ADOPTED this 17th day of March, 2020. ATTEST: Dan Gelber, Mayor )11• Rafael 2Granado, City Clerk AP'P• DASTO IN�ORP QRdTED - '0R I & • GUAGE %, .. .? ;44R CUTION • Attorney Page 437 of 2284 Resolutions - C7 R MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, interim City Manager DATE: March 17, 2021 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY MANAGER TO SUSPEND OR PRORATE ANNUAL SIDEWALK CAFE PERMIT FEES FOR THE PERIOD OF TIME COMMENCING ON APRIL 1, 2021, THROUGH AND INCLUDING SEPTEMBER 30, 2021, PURSUANT TO CITY CODE SECTION 82-383(B)AND THE CITY'S DECLARATION OF A STATE OF EMERGENCY, DATED MARCH 12, 2020, IN RESPONSE TO THE COVID-19 PANDEMIC. RECOMMENDATION The Administration recommends approving an additional extension to suspend or prorate sidewalk cafe permii fees for the period commencing on April 1, 2021 through and including September 30, 2021 in order to continue to promote business operations and economic recovery. BACKGROUND/HISTORY City Code Section 82-383(b) provides that the City Manager may, "in his reasonable discretion and judgment, . . . suspend or prorate the annual permit fee in cases of public construction or public emergency situations" On March 11, 2020, the World Health Organization declared the rapidly spreading novel coronavirus ("COVID- 19") a pandemic, acknowledging what seemed clear — the virus would likely spread to all countries on the globe. The rate of infection throughout the world and in the US accelerated rapidly, grinding most markets and businesses around the globe to a halt. In order to limit the spread of the novel coronavirus ("COVI D- 19"), subsequently, both Miami- Dade County and the City issued various Emergency Orders temporarily, closing public and private facilities, including the temporary closure of all nonessential retail and commercial establishments, and the closure of all restaurants for in-person dining. ANALYSIS The foregoing measures have greatly limited economic activity in the City of Miami Beach, and continue to adversely impact City businesses, including restaurants. The path to re-opening businesses in the City must promote business operation and economic recovery while Page 433 of 2284 safeguarding the public's health and safety. Several months of business closures and significant reductions to indoor occupancy have placed severe financial strain on many restaurants in the City. On May 13, 2020, the Mayor and City Commission adopted Resolution No. 2020-31275, directing the City Manager to suspend or prorate annual sidewalk cafe permit fees through September 30, 2020, pursuant to City Code Section 82-383(b) and the City's Declaration of a State of Emergency, dated March 12, 2020, in response to the COVID-19 pandemic. Additional extensions were adopted on September 16, 2020, via Resolution No. 2020-31405, for the period of time commencing on October 1, 2020, through and including December 31, 2020; and on December 9, 2020, via Resolution No. 2020-31523 for the period commencing on January 1, 2021 through and including March 31, 2021. The Administration would like to request another extension to suspend or prorate annual sidewalk café permit fees through the end of the fiscal year, which is September 30, 2021 in order to continue to promote business operations and economic recovery in the City. SUPPORTING SURVEY DATA Results from the 2019 Resident Survey regarding Satisfaction with Perceptions of the City show that 47% of residents rated City efforts to plan for growth as very satisfied/satisfied. In order to continue maintaining excellent standards in this area, the City recommends approving an extension to suspend or prorate annual sidewalk cafe permit fees. FINANCIAL INFORMATION Based on the current active sidewalk café permits, the impact on revenue for Fiscal Year 20/21 is the following: Application Fee: $ 19,875 Permit Fee: $1,547,316 Total: $1,567,191 CONCLUSION The Administration recommends approving an additional extension to suspend or prorate sidewalk cafe permit fees for the period commencing on April 1, 2021 through and including September 30, 2021 in order to continue to promote business operations and economic recovery. Applicable Area South Beach Is this a "Residents Right Does this item utilize G.O. to Know" item,pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Page 434 of 2284 Public Works Sponsor Commissioner Steven Meiner ATTACHMENTS: Description ❑ Resolution Page 435 of 2284