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Resolution 2020-31522 RESOLUTION NO. 2020-31522 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE DURATION OF THE "RESTAURANT RECOVERY OUTDOOR SEATING PILOT PROGRAM," AS ESTABLISHED BY RESOLUTION NO. 2020-31276, THROUGH MARCH 31, 2021, WHICH PROGRAM TEMPORARILY ALLOWS RESTAURANTS TO EXPAND SIDEWALK CAFÉ SEATING AREAS ONTO PUBLIC RIGHTS-OF-WAY, OR OTHER OUTDOOR SEATING AREAS ON PRIVATE PROPERTY, VIA SPECIAL EVENT PERMITS ISSUED PURSUANT TO SECTION 12-5 OF THE CITY CODE, WITH ANY SUCH PERMITS SUBJECT TO EACH RESTAURANT OPERATOR'S COMPLIANCE WITH (1) APPLICABLE PROVISIONS OF THE CITY'S SIDEWALK CAFÉ ORDINANCE, AS SET FORTH IN CHAPTER 82, ARTICLE IV, DIVISION 5 OF THE CITY CODE; AND (2) SOCIAL DISTANCING AND SANITATION REQUIREMENTS OR GUIDELINES IMPOSED BY THE STATE OF FLORIDA, MIAMI-DADE COUNTY, AND CITY OF MIAMI BEACH UNDER ANY APPLICABLE EMERGENCY ORDER. 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 have issued a number of Emergency Orders temporarily closing and/or imposing restrictions on public and private 1 facilities, including temporary closures, occupancy limits, and other restrictions applicable to restaurants; and WHEREAS, the foregoing restrictions 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, significant reductions to indoor occupancy have placed financial strain on many restaurants in the City; and WHEREAS, on May 13, 2020, the City Commission adopted Resolution No. 2020- 31276, establishing the Restaurant Recovery Outdoor Seating Pilot Program (the "Program") to create opportunities for restaurants to expand their footprint to mitigate the loss of seating associated with implementing social distancing requirements, in compliance with all applicable State, County, and City Emergency Orders, provided that each restaurant's then-existing total seating capacity is not exceeded; such Resolution set to expire on September 30, 2020; and WHEREAS, the Program temporarily allows 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 the 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 (1) applicable provisions of the Sidewalk Café Ordinance (set forth in Chapter 82, Article IV, Division 5 of the City Code); and (2) social distancing and sanitation guidelines or requirements imposed by the State of Florida, Miami-Dade County, and City of Miami Beach in any emergency order issued to prevent the further spread of COVID-19; and WHEREAS, at its September 16, 2020 meeting, the City Commission approved an extension to the program, pursuant to Resolution 2020-31406, set to expire on December 31, 2020; and WHEREAS, the Administration is requesting an additional extension to the Restaurant Recovery Outdoor Seating Pilot Program, through March 31, 2021, in order to continue to promote business operations and economic recovery; and WHEREAS, the terms of the Program are set forth in Exhibit"A"to this Resolution, and incorporated by reference herein. 2 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 duration of the "Restaurant Recovery Outdoor Seating Pilot Program," as established by Resolution No. 2020-31276, through March 31, 2021, which Program temporarily allows restaurants to expand sidewalk café seating areas onto public rights-of-way, or other outdoor seating areas on private property, via special event permits issued pursuant to Section 12-5 of the City Code, with any such permits subject to each restaurant operator's compliance with (1) applicable provisions of the Sidewalk Café Ordinance, as set forth in Chapter 82, Article IV, Division 5 of the City Code; and (2) social distancing and sanitation guidelines imposed by the State of Florida, Miami-Dade County, and the City of Miami Beach. PASSED and ADOPTED this 9th day of December, 2020. ATTEST: 132-719 Dan Gelber, Mayor i'LliqtetA Rafa E. Granado, City Clerk APPROVED AS TO FORM AND ,LANGUAGE AND FOR EXECUTION f�J City Attorney VAC Date :INCORtATED; '.*;04------------ 3 Resolutions -C7 N MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: December 9, 2020 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE DURATION OF THE "RESTAURANT RECOVERY OUTDOOR SEATING PILOT PROGRAM," AS ESTABLISHED BY RESOLUTION NO. 2020-31276, THROUGH MARCH 31, 2021, WHICH PROGRAM TEMPORARILY ALLOWS RESTAURANTS TO EXPAND SIDEWALK CAFE SEATING AREAS ONTO PUBLIC RIGHTS-OF- WAY, OR OTHER OUTDOOR SEATING AREAS ON PRIVATE PROPERTY, VIA SPECIAL EVENT PERMITS ISSUED PURSUANT TO SECTION 12-5 OF THE CITY CODE, WITH ANY SUCH PERMITS SUBJECT TO EACH RESTAURANT OPERATOR'S COMPLIANCE WITH (1) APPLICABLE PROVISIONS OF THE CITY'S SIDEWALK CAFE ORDINANCE, AS SET FORTH IN CHAPTER 82, ARTICLE IV, DIVISION 5 OF THE CITY CODE; AND (2) SOCIAL DISTANCING AND SANITATION REQUIREMENTS OR GUIDELINES IMPOSED BY THE STATE OF FLORIDA, MIAMI-DADE COUNTY, AND CITY OF MIAMI BEACH UNDER ANY APPLICABLE EMERGENCY ORDER. RECOMMENDATION The Administration recommends approving an additional extension to the Restaurant Recovery Outdoor Seating Pilot Program, through March 31, 2021, in order to continue to promote business operations and economic recovery. BACKGROUND/HISTORY On March 11, 2020, the World Health Organization declared the rapidly spreading novel coronavirus ("COVI D- 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 inperson dining. The foregoing closures had greatly limited economic activity in Page 209 of 1707 the City of Miami Beach, and continued to adversely impact City businesses, including restaurants. ANALYSIS On May 13, 2020, the City Commission adopted Resolution No. 2020-31276, establishing the Restaurant Recovery Outdoor Seating Pilot Program (the "Program")to create opportunities for restaurants to expand their footprint to mitigate the loss of seating associated with implementing social distancing requirements, in compliance with all applicable State, County, and City Emergency Orders, provided that each restaurant's then-existing total seating capacity is not exceeded, such Resolution set to expire on September 30, 2020. The Program temporarily allows 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 the 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 (1) applicable provisions of the Sidewalk Café Ordinance (set forth in Chapter 82, Article IV, Division 5 of the City Code); and (2) social distancing and sanitation guidelines or requirements imposed by the State of Florida, Miami-Dade County, and City of Miami Beach in any emergency order issued to prevent the further spread of COVI D-19. At its September 16, 2020 meeting, the City Commission approved an extension to the Program, pursuant to Resolution 2020-31406, set to expire on December 31, 2020. The Administration is requesting an additional extension to the Restaurant Recovery Outdoor Seating Pilot Program,through March 31, 2021, in order to continue to promote business operations and economic recovery. The terms of the Program are set forth in Exhibit"A" to this Resolution, and incorporated by reference herein. 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 the extension to the Restaurant Recovery Outdoor Seating Pilot Program. CONCLUSION The Administration recommends approving an additional extension to the Restaurant Recovery Outdoor Seating Pilot Program, through March 31, 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 C.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Public Works Page 210 of 1707 Sponsor Commissioner Michael Gongora ATTACHMENTS: Description ❑ Resolution 2020-31276 ID Resolution 2020-31406 ❑ DRAFT RESO • • Page 211 of 1707 RESOLUTION NO. 2020-31276 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING THE "RESTAURANT RECOVERY OUTDOOR SEATING PILOT PROGRAM," AS SET FORTH IN EXHIBIT "A" TO THIS RESOLUTION, TO TEMPORARILY ALLOW RESTAURANTS TO EXPAND SIDEWALK CAFÉ SEATING AREAS ONTO PUBLIC RIGHTS-OF-WAY, OR OTHER OUTDOOR SEATING AREAS ON PRIVATE PROPERTY, VIA SPECIAL EVENT PERMITS ISSUED PURSUANT TO SECTION 12-5 OF THE CITY CODE, WITH ANY SUCH PERMITS SUBJECT TO EACH RESTAURANT OPERATOR'S COMPLIANCE WITH (1) APPLICABLE PROVISIONS OF THE CITY'S SIDEWALK CAFÉ ORDINANCE, AS SET FORTH IN CHAPTER 82, ARTICLE IV, DIVISION 5 OF THE CITY CODE; AND (2) SOCIAL DISTANCING AND SANITATION REQUIREMENTS OR GUIDELINES IMPOSED BY THE STATE OF FLORIDA, MIAMI-DADE COUNTY, AND CITY OF MIAMI BEACH UNDER ANY APPLICABLE EMERGENCY ORDER; AND PROVIDED, FURTHER, THAT THE PROGRAM SHALL TERMINATE ON SEPTEMBER 30, 2020, UNLESS OTHERWISE EXTENDED BY THE CITY COMMISSION. 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, 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 1 Page 212 of 1707 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 closures have greatly limited economic activity in the City of Miami Beach, and continue to adversely impact City businesses, including restaurants; and WHEREAS, on April 29, 2020, based on data showing a downward trajectory of hospitalizations for influenza-like illness and COVID-19-like syndromic cases, a decrease in percent positive test results, and a significant increase in hospital capacity, Governor DeSantis issued Executive Order 20-112 initiating Phase 1 of the Safe. Smart. Step-by- Step. Plan for Florida's Recovery; and WHEREAS, pursuant to Executive Order 20-112, restaurants and food establishments (excluding restaurants in Palm Beach County, Broward County and Miami-Dade County) may allow on-premises consumption of food and beverage, so long as they adopt appropriate social distancing measures and limit their indoor occupancy to no more than 25% of their building capacity, and in addition thereto, outdoor seating is permissible with appropriate social distancing of a minimum of six (6) feet between parties; and WHEREAS, Executive Order 20-112 does not immediately provide for restaurants and food establishments to reopen in Miami-Dade County; however, the City Commission desires to create a regulatory framework to expand outdoor seating onto public rights-of- way and other property once the State of Florida and Miami-Dade County permit restaurants to reopen, provided that each restaurant's then-existing total seating capacity (including indoor and outdoor seating) is not exceeded; 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, significant reductions to indoor occupancy will likely place financial strain on many restaurants in the City; and WHEREAS, as such, it is the intent of the Mayor and City Commission to establish a Restaurant Recovery Outdoor Seating Pilot Program (the "Program") to create opportunities for restaurants to expand their footprint to mitigate the loss of seating associated with implementing social distancing requirements, in compliance with the Governor's Executive Order 20-112 and any future State, County or City Emergency Order, provided that each restaurant's then-existing total seating capacity is not exceeded; and 2 Page 213 of 1707 WHEREAS, the Program will temporarily allow 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 the 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 (1) applicable provisions of the Sidewalk Café Ordinance (set forth in Chapter 82, Article IV, Division 5 of the City Code); and (2) social distancing and sanitation guidelines or requirements imposed by the State of Florida, Miami-Dade County, and City of Miami Beach in any emergency order issued to prevent the further spread of COVID-19; and WHEREAS, the terms of the Program are set forth in Exhibit"A"to this Resolution, and incorporated by reference herein. 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 establish the"Restaurant Recovery Outdoor Seating Pilot Program," as set forth in Exhibit "A" to this Resolution, to temporarily allow restaurants to expand sidewalk café seating areas onto public rights-of-way, or other outdoor seating areas on private property, via special event permits issued pursuant to Section 12-5 of the City Code, with any such permits subject to each restaurant operator's compliance with (1) applicable provisions of the Sidewalk Café Ordinance, as set forth in Chapter 82, Article IV, Division 5 of the City Code; and (2)social distancing and sanitation guidelines imposed by the State of Florida, Miami-Dade County, and the City of Miami Beach; and provided, further, that the Program shall terminate on September 30, 2020, unless otherwise extended by the City Commission. PASSED and ADOPTED this 13th day of May, 2020. 12-1'df ATTEST: Dan Gelber, Mayor i/tom Rafael E. Granado, City Clerk APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION 010.: I-- 120 City Attorney � Date 3 Page 214 of 1707 EXHIBIT "A" RESTAURANT RECOVERY OUTDOOR SEATING PILOT PROGRAM 1. Pilot program. The Restaurant Recovery Outdoor Seating Pilot Program (the "Program") shall be implemented via special event permits pursuant to Section 12-5 of the City Code. Permits under the Program shall be separate from, and shall not otherwise alter or amend the terms of, any existing sidewalk café permits issued pursuant to Chapter 82, Article IV, Division 5 of the City Code (the "Sidewalk Café Ordinance"). The permit shall authorize a restaurant to expand sidewalk café seating areas onto approved public rights-of-way, or other outdoor seating areas on private property, provided the restaurant's then-existing total seating capacity (including indoor and outdoor seating) is not exceeded. The purpose of this Program is to mitigate the loss of revenue-generating seating associated with implementing social distancing requirements. 2. Duration of permit and periodic review. Each special event permit issued pursuant to the Program shall terminate no later than September 30, 2020, unless the Program is extended by the City Commission. At the expiration of the initial three-month period, the City Manager shall present a written report to the City Commission tracking the implementation of this Program, and the City Commission may, in its discretion, extend the termor otherwise modify the provisions of this Program. 3. Application. Applicants wishing to participate in the Program must submit a completed special event permit application to the Public Works Director. Each application must be accompanied by a sworn affidavit, signed by the applicant, acknowledging and agreeing to comply with all applicable provisions of the City Code, of this Resolution, and any Federal, State, County, or City law or emergency order(including without limitation Miami- Dade County Emergency Order 23-20 ["County EO 23-20"], and including the Handbook attached to County EO 23-20 as Exhibit A). As to requests for expansion on private property, the owner of the property shall be required to sign the application as a co-applicant. 4. Waiver of fees. No special event application fee or permit fee shall be required to operate expanded outdoor seating areas pursuant to the Program. 5. Occupancy. In no event shall any expansion of a restaurant's seating capacity exceed its then-existing total aggregate capacity for indoor and outdoor seating. 6. Social distancing and sanitation guidelines. Permittees shall at all times comply with social distancing and sanitation guidelines or requirements imposed by the State of Florida, Miami-Dade County, or City of Miami Beach in any Emergency Order, including County EO 23-20, and including the Handbook attached to County EO 23-20 as Exhibit A. 7. Site plan review. a. Each applicant shall be required to submit a proposed site plan showing the layout and dimensions of the proposed seating 4 Page 215 of 1707 area(s); proposed location, size, and number of tables, chairs, and any other furniture; any ramps, paths, pedestrian push buttons, fixtures, or any other features required by any applicable accessibility codes including, without limitation, the Americans with Disabilities Act ("ADA") or State code provisions addressing accessibility for building construction; and location of doorways, steps, trees and/or landscaped areas, fountains, parking meters, fire hydrants, bus shelters, directory/kiosks, public benches, trash receptacles, and any other existing fixtures, furnishings and/or other obstruction(s)within the proposed expanded outdoor seating area. b. The site plan shall be subject to the approval of the Public Works Director prior to the issuance of a permit, to ensure that any site- specific conditions or issues are appropriately addressed, and that the expansion will not compromise public safety, pedestrian and vehicular traffic, or any required public access. The permit shall be specifically limited to the subject area shown on the approved site plan. c. With respect to any site plan requesting a street or lane closure, the City Manager (or designee) shall have the sole and absolute discretion (subject to County approval, if required) to determine whether and which parts of public rights-of-way may be closed to pedestrian or vehicular traffic, or parking, in order to accommodate outdoor seating areas pursuant to this Program. 8. Compliance with Sidewalk Café Ordinance. Permittees shall at all times abide by applicable provisions of the City's Sidewalk Café Ordinance, subject to the following exceptions: a. Sidewalk café furniture, as defined in Section 82-366, shall be limited to tables, chairs, umbrellas (with a base of weights rated to resist winds of up to 35 miles per hour) and planters only. No other furniture will be allowed. b. Notwithstanding the provisions of Section 82-385(r) of the City Code, the use of floor fans and extension cords on the public right- of-way shall be prohibited. Any lighting on the public right-of-way shall be cordless and battery-operated. 9. Compliance with all other applicable laws. Permittees shall at all times comply fully with all applicable Federal, State, County, or City laws (including the Land Development Regulations of the City Code). 10.Indemnification. Permittees shall be required to indemnify, defend, save, and hold harmless the City from any and all claims, liability, lawsuits, damages, and causes of action which may arise out of the permit or the permittee's activities on public rights-of-way or in expanded outdoor seating areas on private property. 11.Insurance. Permittees shall be required to maintain, for the entire term of the permit, certain insurance requirements (subject to the approval of the 5 Page 216 of 1707 City's Public Works Director and/or Risk Manager), and shall additionally be required to list the City as an additional insured party. 12.Enforcement/Termination of the Permit. In addition to the enforcement and penalty provisions set forth in Section 12-5 of the City Code and/or the Sidewalk Café Ordinance, the Permit shall be revocable and terminable at any time if the City Manager determines it is in the public interest to do so. 6 Page 217 of 1707 RESOLUTION NO. 2020-31406 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE DURATION OF THE "RESTAURANT RECOVERY OUTDOOR SEATING PILOT PROGRAM," AS ESTABLISHED BY RESOLUTION NO. 2020-31276, THROUGH DECEMBER 31, 2020, WHICH PROGRAM TEMPORARILY ALLOWS RESTAURANTS TO EXPAND SIDEWALK CAFÉ SEATING AREAS ONTO PUBLIC RIGHTS-OF-WAY, OR OTHER OUTDOOR SEATING AREAS ON PRIVATE PROPERTY, VIA SPECIAL EVENT PERMITS ISSUED PURSUANT TO SECTION 12-5 OF THE CITY CODE, WITH ANY SUCH PERMITS SUBJECT TO EACH RESTAURANT OPERATOR'S COMPLIANCE WITH (1) APPLICABLE PROVISIONS OF THE CITY'S SIDEWALK CAFÉ ORDINANCE, AS SET FORTH IN CHAPTER 82, ARTICLE IV, DIVISION 5 OF THE CITY CODE; AND (2) SOCIAL DISTANCING AND SANITATION REQUIREMENTS OR GUIDELINES IMPOSED BY THE STATE OF FLORIDA, MIAMI-DADE COUNTY, AND CITY OF MIAMI BEACH UNDER ANY APPLICABLE EMERGENCY ORDER. 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 i 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 have issued a number of Emergency Orders temporarily closing and/or imposing restrictions on public and private 1 Page 218 of 1707 facilities, including temporary closures, occupancy limits, and other restrictions applicable to restaurants; and WHEREAS, the foregoing restrictions 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, significant reductions to indoor occupancy have placed financial strain on many restaurants in the City; and WHEREAS, on May 13, 2020, the City Commission adopted Resolution No. 2020- 31276, establishing the Restaurant Recovery Outdoor Seating Pilot Program (the "Program") to create opportunities for restaurants to expand their footprint to mitigate the loss of seating associated with implementing social distancing requirements, in compliance with all applicable State, County, and City Emergency Orders, provided that each restaurant's then-existing total seating capacity is not exceeded; and WHEREAS, the Program temporarily allows 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 the 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 (1) applicable provisions of the Sidewalk Café Ordinance (set forth in Chapter 82, Article IV, Division 5 of the City Code); and (2) social distancing and sanitation guidelines or requirements imposed by the State of Florida, Miami-Dade County, and City of Miami Beach in any emergency order issued to prevent the further spread of COVID-19; and WHEREAS, pursuant to Resolution 2020-31276, the Program is set to expire on September 30, 2020; and WHEREAS, the Mayor and City Commission now desire to extend the duration of the Program through December 31, 2020; and WHEREAS, the terms of the Program are set forth in Exhibit"A" to this Resolution, and incorporated by reference herein. 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 duration of the "Restaurant Recovery Outdoor Seating Pilot Program," as established by Resolution No. 2020-31276, through December 31, • 2 Page 219 of 1707 2020, which Program temporarily allows restaurants to expand sidewalk café seating areas onto public rights-of-way, or other outdoor seating areas on private property, via special event permits issued pursuant to Section 12-5 of the City Code, with any such permits subject to each restaurant operator's compliance with (1) applicable provisions of the Sidewalk Café Ordinance, as set forth in Chapter 82, Article IV, Division 5 of the City Code; and (2)social distancing and sanitation guidelines imposed by the State of Florida, Miami-Dade County, and the City of Miami Beach. PASSED and ADOPTED this 16th day of September, 2020. ATTEST: Dan Gelber, Mayor 7--)i 9 2`tz� Rafael E. Granado, ity lerk APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION eirc•LO City Attorney QV._ Date 3 Page 220 of 1707 EXHIBIT "A" RESTAURANT RECOVERY OUTDOOR SEATING PILOT PROGRAM 1. Pilot program. The Restaurant Recovery Outdoor Seating Pilot Program (the "Program") shall be implemented via special event permits pursuant to Section 12-5 of the City Code. Permits under the Program shall be separate from, and shall not otherwise alter or amend the terms of, any existing sidewalk café permits issued pursuant to Chapter 82, Article IV, Division 5 of the City Code (the "Sidewalk Café Ordinance"). The permit shall authorize a restaurant to expand sidewalk café seating areas onto approved public rights-of-way, or other outdoor seating areas on private property, provided the restaurant's then-existing total seating capacity (including indoor and outdoor seating) is not exceeded. The purpose of this Program is to mitigate the loss of revenue-generating seating associated with implementing social distancing requirements. 2. Duration of permit and periodic review. Each special event permit issued pursuant to the Program shall terminate no later than December 31, 2020, unless the Program is extended by the City Commission. At the expiration of the Program, the City Manager shall present a written report to the City Commission tracking the implementation of this Program, and the City Commission may, in its discretion, extend the term or otherwise modify the provisions of this Program. 3. Application. Applicants wishing to participate in the Program must submit a completed special event permit application to the Public Works Director. Each application must be accompanied by a sworn affidavit, signed by the applicant, acknowledging and agreeing to comply with all applicable provisions of the City Code, of this Resolution, and any Federal, State, County, or City law or emergency order(including without limitation Miami- Dade County Emergency Order 28-20 ['County EO 28-20"], and including the Handbook attached to County EO 28-20 as Exhibit A). As to requests for expansion on private property, the owner of the property shall be required to sign the application as a co-applicant. 4. Waiver of fees. No special event application fee or permit fee shall be required to operate expanded outdoor seating areas pursuant to the Program. 5. Occupancy. In no event shall any expansion of a restaurant's seating capacity exceed its then-existing total aggregate capacity for indoor and outdoor seating. 6. Social distancing and sanitation guidelines. Permittees shall at all times comply with social distancing and sanitation guidelines or requirements imposed by the State of Florida, Miami-Dade County, or City of Miami Beach in any Emergency Order, including County EO 28-20, and including the Handbook attached to County EO 28-20 as Exhibit A. 7. Site plan review. a. Each applicant shall be required to submit a proposed site plan showing the layout and dimensions of the proposed seating 4 Page 221 of 1707 area(s); proposed location, size, and number of tables, chairs, and any other furniture; any ramps, paths, pedestrian push buttons, fixtures, or any other features required by any applicable accessibility codes including, without limitation, the Americans with Disabilities Act ("ADA") or State code provisions addressing accessibility for building construction; and location of doorways, steps, trees and/or landscaped areas, fountains, parking meters, fire hydrants, bus shelters, directory/kiosks, public benches, trash receptacles, and any other existing fixtures, furnishings and/or other obstruction(s)within the proposed expanded outdoor seating area. b. The site plan shall be subject to the approval of the Public Works Director prior to the issuance of a permit, to ensure that any site- specific conditions or issues are appropriately addressed, and that the expansion will not compromise public safety, pedestrian and vehicular traffic, or any required public access. The permit shall be specifically limited to the subject area shown on the approved site plan. c. With respect to any site plan requesting a street or lane closure, the City Manager (or designee) shall have the sole and absolute discretion (subject to County approval, if required) to determine whether and which parts of public rights-of-way may be closed to pedestrian or vehicular traffic, or parking, in order to accommodate outdoor seating areas pursuant to this Program. 8. Compliance with Sidewalk Café Ordinance. Permittees shall at all times abide by applicable provisions of the City's Sidewalk Café Ordinance, subject to the following exceptions: a. Sidewalk café furniture, as defined in Section 82-366, shall be limited to tables, chairs, umbrellas (with a base of weights rated to resist winds of up to 35 miles per hour)and planters only. No other furniture will be allowed. b. Notwithstanding the provisions of Section 82-385(r) of the City Code, the use of floor fans and extension cords on the public right- of-way shall be prohibited. Any lighting on the public right-of-way shall be cordless and battery-operated. 9. Compliance with all other applicable laws. Permittees shall at all times comply fully with all applicable Federal, State, County, or City laws (including the Land Development Regulations of the City Code). 10.Indemnification. Permittees shall be required to indemnify, defend, save, and hold harmless the City from any and all claims, liability, lawsuits, damages, and causes of action which may arise out of the permit or the permittee's activities on public rights-of-way or in expanded outdoor seating areas on private property. 11.Insurance. Permittees shall be required to maintain, for the entire term of the permit, certain insurance requirements (subject to the approval of the 5 Page 222 of 1707 City's Public Works Director and/or Risk Manager), and shall additionally be required to list the City as an additional insured party. 12.Enforcement/Termination of the Permit. In addition to the enforcement and penalty provisions set forth in Section 12-5 of the City Code and/or the Sidewalk Café Ordinance, the Permit shall be revocable and terminable at any time if the City Manager determines it is in the public interest to do so. 6 Page 223 of 1707 Resolutions-C7 AB MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 16, 2020 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE DURATION OF THE `RESTAURANT RECOVERY OUTDOOR SEATING PILOT PROGRAM," AS ESTABLISHED BY RESOLUTION NO.2020-31276, THROUGH DECEMBER 31,2020, WHICH PROGRAM TEMPORARILY ALLOWS RESTAURANTS TO EXPAND SIDEWALK CAFE SEATING AREAS ONTO PUBLIC RIGHTS-OF- WAY, OR OTHER OUTDOOR SEATING AREAS ON PRIVATE PROPERTY, VIA SPECIAL EVENT PERMITS ISSUED PURSUANT TO SECTION 12-5 OF THE CITY CODE, WITH ANY SUCH PERMITS SUBJECT TO EACH RESTAURANT OPERATOR'S COMPLIANCE WITH (1) APPLICABLE PROVISIONS OF THE CITY'S SIDEWALK CAFE ORDINANCE, AS SET FORTH IN CHAPTER 82, ARTICLE IV, DIVISION 5 OF THE CITY CODE; AND (2) SOCIAL DISTANCING AND SANITATION REQUIREMENTS OR GUIDELINES IMPOSED BY THE STATE OF FLORIDA, MIAMI-DADE COUNTY, AND CITY OF MIAMI BEACH UNDER ANY APPLICABLE EMERGENCY ORDER. RECOMMENDATION The Administration recommends approving the Resolution. BACKGROUNDIHJ TORY On March 11, 2020, the World Health Organization declared the rapidly spreading novel coronavinis ("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. The foregoing closures had greatly limited economic activity in the City of Miami Beach and continued to adversely impact City businesses, including restaurants. ANALYSIS Page 610 of 1855 Page 224 of 1707 On May 13, 2020, the City Commission adopted Resolution No. 2020-31276, establishing the Restaurant Recovery Outdoor Seating Pilot Program(the"Program")to create opportunities for restaurants to expand their footprint to mitigate the loss of seating associated with implementing social distancing requirements, in compliance with- all applicable State, County, and City Emergency Orders, provided that each restaurant's then existing total seating capacity is not exceeded. The Program temporarily allows 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 the proposed site plan for the expanded area(s) to ensure ail public safety and public access issues are appropriately addressed and further subject to the restaurant operator's compliance with(1)applicable provisions of the Sidewalk Café Ordinance (set forth in Chapter 82, Article IV, Division 5 of the City Code); and (2) social distancing and sanitation guidelines or requirements imposed by the State of Florida, Miami-Dade County,and City of Miami Beach in any emergency order issued to prevent the further spread of COVI D-19. Pursuant to Resolution 2020-31276,the Program is set to expire on September 30,2020. The Mayor and City Commission now desire to extend the duration of the Program through December 31,2020. The terms of the Program are set forth in Exhibit"A"to the Resolution. 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 Legislative Tracking Public Works Sponsor Commissioner Michael Gongora ATTACHMENTS: Description ❑ Resolution Page 611 of 1855 Page 225 of 1707