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Resolution 2022-32227 RESOLUTION NO. 2022-32227 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE PERMIT APPLICATION DEADLINE FOR THE FY2021- 2022 PERMIT YEAR FOR SIDEWALK CAFÉ AND PARKLET PROGRAMS THROUGH SEPTEMBER 30, 2022, AND RATIFYING PRIOR GRACE EXTENSIONS PREVIOUSLY GRANTED BY THE CITY MANAGER, SUBJECT TO IMMEDIATE PAYMENT OF PERMIT FEES BY THE SIDEWALK CAFÉ AND PARKLET OPERATORS IN ORDER TO BE ELIGIBLE FOR THIS EXTENSION. WHEREAS, a parklet is a small park, plaza, or creative public space that is physically installed or constructed in an on-street parking space; and WHEREAS, on May 13, 2020, the City Commission adopted Resolution No. 2020- 31276, establishing the Restaurant Recovery Outdoor Seating Pilot Program (the "Pilot Program") in furtherance of the City's economic recovery efforts during the COVID-19 pandemic; and WHEREAS, the Pilot Program allowed restaurants to expand sidewalk café seating areas onto public rights-of-way, or other outdoor seating areas on private property, subject to the Administration's review and approval of a proposed site plan for the expanded area(s) to ensure all public safety and public access issues are appropriately addressed, and further subject to the restaurant operator's compliance with applicable provisions of the Sidewalk Café Ordinance (set forth in Chapter 82, Article IV, Division 5 of the City Code); and WHEREAS, the Pilot Program expired on January 30, 2022; and WHEREAS, at the July 28, 2021 City Commission Meeting, the Mayor and City Commission adopted Ordinance No. 2021-4427, permitting sidewalk cafes to operate in parklets on City rights-of-ways in select neighborhoods; and WHEREAS, in addition, during the COVID-19 pandemic, the City extended FY 2019 permits of sidewalk café operators, suspended sidewalk café fees, and provided the sidewalk café operators other benefits all in an effort to promote business operation and economic recovery; and WHEREAS, due to various COVID-19 extensions, many sidewalk café and parklet operators are not up to date on their permitting applications for the current FY 2021-2022 permit year; and WHEREAS, the City Manager granted a month-to-month grace period extensions for permit application submittals; and 1 WHEREAS, on May 4, 2022, the Mayor and City Commission adopted Resolution No. 2022-32169, extending the permit application deadline for the FY2021-2022 permit year for sidewalk café and parklet programs through July 1 , 2022, and ratifying all prior month-to-month grace extensions previously granted by the City Manage; and WHEREAS, unfortunately, many sidewalk cafes and parklet operators still have not completed the permit application process and have requested an additional extension of the permit application deadline; and WHEREAS, as such, the City Manager extended the permit application deadline for the FY2021/22 permit year until next regularly scheduled City Commission meeting on July 20, 2022; and WHEREAS, the Mayor and City Commission would like to ratify the prior grace extensions granted by the City Manager, and further, extend the permit application deadline for the FY2021-2022 permit year for sidewalk café and parklet operators through September 30, 2022, in order to allow them ample time to comply with all permit application requirements; and WHEREAS, however, since sidewalk café and parklet operators are currently occupying the public right-of-way, immediate payment of permit fees will be required in order to be eligible for this extension. 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 extend the permit application deadline for the FY2021-2022 permit year for sidewalk café and parklet programs through September 30, 2022, and ratify prior grace extensions previously granted by the City Manager, subject to immediate payment of permit fees by the sidewalk café and parklet operators in order to be eligible for this extension. PASSED and ADOPTED this a° day of `icily, 2022. ATTEST: JUL 2 5 2022 Dan Gelber, Mayor Rafael . Granado, City Clerk i I ti % kINCORP ORATED st•. . ?/ APPROVED AS TO FORM & LANGUAGE , & FOR EXECUTION 2 City Attorney Date Resolutions -C7 P MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Nina T. Hudak, City Manager DATE: July 20, 2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE PERMIT APPLICATION DEADLINE FOR THE FY2021-2022 PERMIT YEAR FOR SIDEWALK CAFE AND PARKLET PROGRAMS THROUGH SEPTEMBER 30, 2022, AND RATIFYING PRIOR GRACE EXTENSIONS PREVIOUSLY GRANTED BY THE CITY MANAGER, SUBJECT TO IMMEDIATE PAYMENT OF PERMIT FEES BY THE SIDEWALK CAFE AND PARKLET OPERATORS IN ORDER TO BE ELIGIBLE FOR THIS EXTENSION. RECOMMENDATION The Administration recommends approving the Resolution. BACKGROUND/HISTORY A parkiet is a small park, plaza, or creative public space that is physically installed or constructed in an on-street parking space. On May 13, 2020, the City Commission adopted Resolution No. 2020-31276, establishing the Restaurant Recovery Outdoor Seating Pilot Program (the "Pilot Program") in furtherance of the City's economic recovery efforts during the COVI D-19 pandemic. The Pilot Program allowed restaurants to expand sidewalk café seating areas onto public rights- of-way, or other outdoor seating areas on private property, subject to the Administration's review and approval of a proposed site plan for the expanded area(s) to ensure all public safety and public access issues are appropriately addressed, and further subject to the restaurant operator's compliance with applicable provisions of the Sidewalk Café Ordinance (set forth in Chapter 82, Article IV, Division 5 of the City Code). The Pilot Program was due to expire on January 30, 2022. In addition, during the COVI D-19 pandemic, the City extended FY 2019-2020 permits of sidewalk café operators, suspended sidewalk café fees, and provided the sidewalk café operators other benefits all in an effort to promote business operation and economic recovery. At the July 28, 2021 City Commission Meeting, the Mayor and City Commission adopted Page 369 of 1502 Ordinance No. 2021-4427, permitting sidewalk cafes to operate in parklets on City rights-of- ways in select neighborhoods. Due to various COVID-19 extensions, many sidewalk café and parkiet operators are not up to date on their permitting applications for the current FY 2021-2022 permit year. At the May 4, 2022, City Commission meeting, the Mayor and City Commission ratified all prior grace period extensions granted by the City Manager and extended the permit application deadline for the FY2021/22 permit year for sidewalk café and parklet operators through July 1, 2022. Unfortunately, many sidewalk cafés and parkiet operators have not completed the permit application process and have requested an additional extension of the permit application deadline. As such, I have extended the permit application deadline for the FY2021/22 permit year until the next City Commission meeting on July 20, 2022. At this City Commission meeting the Administration request the ratification of this extension, and extend the application deadline until September 30, 2022. Additionally, the City is currently working on the transition into the Outdoor Dining Concession Program, as approved by the Mayor and City Commission at the June 22, 2022 City Commission Meeting. Sidewalk café and parklet operators are currently occupying the public right-of-way, payment of permit fees should be paid immediately in order to be eligible for this extension. SUPPORTING SURVEY DATA Results from the 2019 Resident Survey regarding Satisfaction with Perceptions of the City show that 79%of residents rated quality of life in the City as very satisfied/satisfied. FINANCIAL INFORMATION No fiscal impact CONCLUSION The Administration recommends approving the Resolution. 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 Strategic Connection Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality entertainment destination. Legislative Tracking Public Worics Page 370 of 1502 ATTACHMENTS: Description ❑ Resolution 2022-32169 LTC 256-2022 EXTENSION OF THE APPLICATION DEADLINE FOR FY2021 22 PERMIT YEAR FOR SIDEWALK CAFE AND PARKLET PROGRAM ❑ RESO Page 371 of 1502 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE PERMIT APPLICATION DEADLINE FOR THE FY2021-2022 PERMIT YEAR FOR SIDEWALK CAFÉ AND PARKLET PROGRAMS THROUGH JULY 1, 2022, AND RATIFYING ALL PRIOR MONTH-TO-MONTH GRACE EXTENSIONS PREVIOUSLY GRANTED BY THE CITY MANAGER. WHEREAS, a parklet is a small park, plaza, or creative public space that is physically installed or constructed in an on-street parking space; and WHEREAS, on May 13, 2020, the City Commission adopted Resolution No. 2020- 31276, establishing the Restaurant Recovery Outdoor Seating Pilot Program (the "Pilot Program") in furtherance of the City's economic recovery efforts during the COVID-19 pandemic; and WHEREAS, the Pilot Program allowed restaurants to expand sidewalk café seating areas onto public rights-of-way, or other outdoor seating areas on private property, subject to the Administration's review and approval of a proposed site plan for the expanded area(s) to ensure all public safety and public access issues are appropriately addressed, and further subject to the restaurant operator's compliance with applicable provisions of the Sidewalk Café Ordinance (set forth in Chapter 82, Article IV, Division 5 of the City Code); and WHEREAS, the Pilot Program expired on January 30, 2022; and WHEREAS, at the July 28, 2021 City Commission Meeting, the Mayor and City Commission adopted Ordinance No. 2021-4427, permitting sidewalk cafes to operate in parklets on City rights-of-ways in select neighborhoods; and WHEREAS, in addition, during the COVID-19 pandemic, the City extended FY 2019 permits of sidewalk café operators, suspended sidewalk café fees, and provided the sidewalk cafe operators other benefits all in an effort to promote business operation and economic recovery; and WHEREAS, due to various COVID-19 extensions, many sidewalk cafe and parklet operators are not up to date on their permitting applications for the current FY 2021-2022 permit year, and WHEREAS, the City Manager granted a month-to-month grace period extensions for permit application submittals; and WHEREAS, the Mayor and City Commission would like to ratify all prior grace extensions granted by the City Manager, and further, extend the permit application deadline for the FY2021-2022 permit year for sidewalk cafe and parklet operators through 1 Page 372 of 1502 July 1, 2022, in order to allow them ample time to comply with all permit application requirements. 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 extend the permit application deadline for the FY2021-2022 permit year for sidewalk café and parklet programs through July 1, 2022, and ratify all prior month-to-month grace extensions previously granted by the City Manager. PASSED and ADOPTED this y day of rnaj _, 2022. ATTEST: Dan Gelber, Mayor �/21i_ Rafae E. Granado, ty lerk I 9• s NSOAP OWED 1 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attomn►� Dati Page 373 of 1502 New Business and Commission Requests-R9 P MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner Ricky Amide DATE: May 4,2022 SUBJECT:DISCUSS STATUS OF PARKLET PERMIT APPLICATIONS. ANALYSIS I am asking the City administration to provide an update on the status of the parklet permit applications. To my understanding, no operator has yet to submit a complete application despite the end of the grace period and we need to work with our restaurants to gain compliance. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION N/A Applicable,lea_ Citywide Is this a esidents Right Does this item utilize G.O. to Know"Item.pursuant to Band Fu13d.7 City Code Section 2-14? Yes No Strategic Connection Prosperity-Market and promote Miami Beach as a world class arts,culture,and quality entertainment destination. Legislative Tracking Cormdssioner Ricky Arriola • Page 374 of 1502 M AM BEACH OFFICE OF THE CITY MANAGER NO. LTC # 256-2022 LETTER TO COMMISSION TO: Honorable Mayor Dan Gelber and Members of the City Commission FROM: Alina T. Hudak, City Maria. - • 1l. DATE: June 29, 2022 SUBJECT: EXTENSION OF THE APPLICATION DEADLINE FOR FY2021/22 PERMIT YEAR FOR SIDEWALK CAFE AND PARKLET PROGRAM The Restaurant Recovery Outdoor Expansion Seating Pilot Program that allowed restaurants to temporarily expand their outdoor dining operations as a result of the COVID-19 pandemic, expired on Sunday, January 30, 2022. Many sidewalk cafes and parklet operators were not up to date with their permit applications for the current FY2021/22 permit year. Therefore, a month-to-month grace period extension for application submittals was granted. At the May 4, 2022, City Commission Meeting, the Mayor and City Commission ratified all prior grace period extensions granted by the City Manager and extended the permit application deadline for the FY2021/22 permit year for sidewalk café and parklet operators through July 1, 2022. Unfortunately, many sidewalk cafes and parklet operators have not completed the permit application process and have requested an additional extension of the permit application deadline. As such, I will extend the permit application deadline for the FY2021/22 permit year until the next City Commission Meeting on July 20, 2022. At this City Commission Meeting the administration will request to ratify this extension, and possibly extend the application deadline beyond July 20, 2022. Additionally, the City is currently working on the transition into the Outdoor Dining Concession Program, as approved by the Mayor and City Commission at the June 22, 2022 City Commission Meeting. If you have any questions regarding the foregoing, please do not hesitate to contact me or Otniel Rodriguez at OtnielRodriquez(c�miamibeachfl.gov. ATH/LS/ L /PRK/OR riq Page 375 of 1502