Resolution 2021-31881Cardillo, Lilia
From: Paz, Rafael
Sent: Wednesday, April 13, 2022 9:43 AM
To: Cardillo, Lilia; Gomez, Joe; Sarmiento, Fiorella
Cc: Andasheva, Faroat; Granado, Rafael
Subject: RE: The following Sept. 30, 2021 item is still pending a form -approved Resolution:
We were enjoined from non -renewing sidewalk permittees, and the program is over, so I think the minutes would
suffice on this one.
From: Cardillo, Lilia<LiliaCardillo@miamibeachfl.gov>
Sent: Wednesday, April 13, 2022 9:30 AM
To: Gomez, Joe <JoeGomez@miamibeachfl.gov>; Sarmiento, Fiorella<FiorellaSarmiento@miamibeachfl.gov>
Cc: City Attorney's Office <CityAttorneysOffice@miamibeachfl.gov>; Granado, Rafael
<RafaelGranado@miamibeachfl.gov>
Subject: The following Sept. 30, 2021 item is still pending a form -approved Resolution:
7:50:00 p.m.
ADDENDUM MATERIAL 1
R7 M A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING RESOLUTION NO. 2021-31867, TO EXTEND THE DURATION OF THE
"RESTAURANT RECOVERY OUTDOOR SEATING PILOT PROGRAM," AS ESTABLISHED BY
RESOLUTION NO. 2020-31276, THROUGH NOVEMBER 30, 2021, WHICH PROGRAM TEMPORARILY
ALLOWS RESTAURANTS THROUGHOUT THE CITY (INCLUDING THE MXE DISTRICT) 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 ALL APPLICABLE PROVISIONS OF THE CITY'S SIDEWALK CAFE ORDINANCE, AS
SET FORTH IN CHAPTER 82, ARTICLE IV, DIVISION 5 OF THE CITY CODE.
Public Works
Addendum added on 9/28/2021
(Approved by Mayor)
ACTION: Resolution 2021-31881 adopted as amended. Motion made by Commissioner Samuelian to adopt
the Resolution as amended; seconded by Commissioner Richardson. Voice -vote: 7-0. Joe L. Gomez to
handle.
i
AMENDMENT:
• Add specific language that states that any permittees whose sidewalk cafe permit is not renewed by
the City Manager shall not be eligible to participate in the expansion program.
MIAMIBEACH
Lilia Cardillo, Agenda Coordinator
OFFICE OF THE CITY CLERK
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7411 / Fax: 786-394-4139 / www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community
Resolutions - R7 M
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the. City Commission
FROM: Alina,T. Hudak, City Manager
DATE: September 30, 2021
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2021-31867,
TO EXTEND THE DURATION OF THE "RESTAURANT RECOVERY
OUTDOOR SEATING PILOT PROGRAM," AS ESTABLISHED BY
RESOLUTION NO. 2020-31276, THROUGH NOVEMBER 30, 2021, WHICH
PROGRAM TEMPORARILYALLOWS RESTAURANTS THROUGHOUT THE
CITY (INCLUDING THE MXE DISTRICT) 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 ALL APPLICABLE PROVISIONS OF
THE CITY'S SIDEWALK CAFE ORDINANCE, AS SET FORTH IN CHAPTER
82, ARTICLE IV, DIVISION 5 OF THE CITY CODE.
RECOMMENDATION
The Administration recommends approving the Resolution.
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; and
The rate of infection throughout the world and in the United States accelerated rapidly, grinding
most markets and businesses around the globe to a halt. I n order to limit the spread of COVI D-
19, both Miami -Dade County and the City of Miami Beach (the "City') issued various
Emergency Orders including restrictions, social distancing guidelines, and facial covering
requirements on retail and commercial establishments, including restaurants.
On May 13, 2020, the City Commission adopted Resolution No. 2020-31276, establishing the
Restaurant Recovery Outdoor Seating Pilot Program '(the "Program"). This Program
temporarily allows restaurants to expand sidewalk cafe 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
Page 357 of 403
access issues are appropriately addressed, and further subject to the restaurant operator's
compliance with applicable provisions of the Sidewalk Cafe Ordinance (set forth in Chapter 82,
Article IV, Division 5 of the City Code).
The Program has been extended through September 30, 2021 pursuant to Resolution Nos.
2020-31406, 2020-31522, and 2021-31632.
At the September 17, 2021 meeting, the Mayor and City Commission adopted Resolution No.
2021-31867, authorizing the extension of the Program through October 31, 2021, but only for
those restaurants located outside MXE mixed use entertainment district.
At the September 23, 2021 City Commission Workshop relating to Transportation/Ocean Drive
and Washington Avenue, the Mayor and City Commission provided direction to the
Administration regarding the configuration of Ocean Drive for pedestrian and vehicular
purposes, and in view of the ongoing work, directed the Administration to bring an agenda item
for consideration at the September 30, 2021 City Commission meeting, to consider extending
the scope of the Program to all restaurants with sidewalk cafe seating areas located within the
City of Miami Beach, including the restaurants located within the MXE mixed use entertainment
district. The terms of the Program are set forth in Exhibit "A" to this Resolution, and
incorporated by reference herein.
SUPPORTING SURVEY DATA
Results from the 2019 Resident Survey regarding Satisfaction with Perceptions of the City
show that 73% of residents rated the overall image of the City as very satisfied/satisfied.
CONCLUSION
The Administration recommends approving the Resolution.
Applicable Area
South Beach
Is this a "Residents Right
to Know" item, pursuant to
City Code Section 2-14?
Yes
Does this item utilize G.O.
Bond Funds?
No
Strategic Connection
Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality
entertainment destination.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
D Resolution
Page 358 of 403
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2021-31867, TO
EXTEND THE DURATION OF THE "RESTAURANT RECOVERY OUTDOOR
SEATING PILOT PROGRAM," AS ESTABLISHED BY RESOLUTION NO. 2020-
31276, THROUGH NOVEMBER 30, 2021, WHICH PROGRAM TEMPORARILY
ALLOWS RESTAURANTS THROUGHOUT THE CITY (INCLUDING THE MXE
DISTRICT) TO EXPAN6`:S` IDEWALK 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 ALL APPLICABLE
PROVISIONS OF THE CITY'S SIDEWALK CAFE ORDINANCE, AS SET FORTH
IN CHAPTER 82, ARTICLE IV, DIVISION 5 OF THE CITY CODE.
WHEREAS, 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; and
WHEREAS, the rate of infection throughout the world and in the United States accelerated
rapidly, grinding most markets and businesses around the globe to a halt; and
WHEREAS, in order to limit the spread of COVID-19, both Miami -Dade County and the
City of Miami Beach (the "City") issued various Emergency Orders including restrictions, social
distancing guidelines, and facial covering requirements on retail and commercial establishments,
including restaurants; and
WHEREAS, on May 13, 2020, the City Commission adopted Resolution No. 2020-31276,
establishing the Restaurant Recovery Outdoor Seating Pilot Program (the "Program"); and
WHEREAS, the Program temporarily allows restaurants to expand sidewalk cafe 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 Cafe Ordinance (set
forth in Chapter 82, Article IV, Division 5 of the City Code); and
WHEREAS, the Program has been extended through September 30, 2021 pursuant to
Resolution Nos. 2020-31406, 2020-31522, and 2021-31632; and
WHEREAS, at the September 17, 2021 meeting, the Mayor and City Commission adopted
Resolution No. 2021-31867, authorizing the extension of the Program through October 31, 2021,
but only for those restaurants located outside MXE mixed use entertainment district; and
WHEREAS, at the September 23, 2021 City Commission Workshop relating to
Transportation / Ocean Drive and Washington Avenue, the Mayor and City Commission provided
direction to the Administration regarding the configuration of Ocean Drive for pedestrian and
vehicular purposes, and in view of the ongoing work, directed the Administration to bring an
agenda item for consideration at the September 30, 2021 City Commission meeting, to consider
extending the scope of the Program to all restaurants with sidewalk cafe seating areas located
within the City of Miami Beach, including the, restaurants located -within the MXE mixed use
entertainment district; 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 amend Resolution No. 2021-31867, to extend the duration of the "Restaurant
Recovery Outdoor -Seating Pilot Program," as established by Resolution No. 2020-31276, through
November 30, 2021, which Program temporarily allows restaurants.throughout the City (including
the MXE district) 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.all applicable provisions of the Sidewalk Cafe Ordinance, as set forth in Chapter 82, Article
IV, Division 5 of the City Code.
PASSED and ADOPTED this 3o day of P+' , 2021.
ATTEST:
Dan
Rafael E. Granado, City Clerk.
2
r, Mayor
APPROVED AS TO -
FORM & LANGUAGE
& FOR EXECUTION
City Attorney ,,:f Dati
Ch7 A-tzonf412%'
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 cafe permits issued pursuant to Chapter 82, Article IV, Division
5 of the City Code (the "Sidewalk Cafe Ordinance"). The permit shall authorize a restaurant
to expand sidewalk' cafe 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 and/or guidelines.
2. Duration of permit and periodic review. Each special event permit issued pursuant to the
Program shall terminate no later than November 30, 2021, 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 and this Resolution. 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. Deleted.
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 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 Cafe Ordinance. Permittees shall at all times abide by applicable
provisions of the City's Sidewalk Cafe Ordinance, subject to the following exceptions:
a. Sidewalk cafe 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 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 Cafe 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.
ALI