20160511 SM2MIAMIBEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 2
Gity Hall, Gommission Chambers, 3'd Floor, 1700 Convention Genter Drive
May 11,2016
Mayor Philip Levine
Commissioner John Elizabeth Alem6n
Commissioner Ricky Arriola
Comm issioner Kristen Rosen Gonzalez
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visrt us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vl!, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk priorto engaging in any lobbying activitywith the City
Commission, any Gity Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
G4 - Commission Committee Assionments
C4M Referral To Neighborhood/Community Affairs Committee To Discuss Battle At The Beach.
(Sponsored by Commissioner Ricky Arriola)
(Memorandum)
R5 - Ordinances
R5O An Ordinance Amending Chapter 82 Of The Code Of The City Of Miami Beach, Entitled "Public
Property," By Amending Article V, Entitled "Beaches," By Amending Division 1, Entitled
"Generally," By Creating A New Section 82-443, Entitled "High lmpact Events On Beach
Property," To Provide The City Manager With The Authority To lmpose Certain lmmediate
Measures For The Protection Of Beach Property During High lmpact Events ln The City;
Providing For Notification Of High lmpact Event Measures, Enforcement, And Penalties;
Providing For Repealer, Severability, Codification, And An Effective Date. First Readinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney/Tourism, Culture & Economic Development)
(Memorandum & Ordinance)
1
Supplemental 2, May 1 1, 2016
R9 - New Business and Gommission Requests
RgP Discussion Regarding Launching A Pilot For Protected Bike Lane Separators.
(Sponsored by Commissioner Ricky Arriola)
(Memorandum)
2
I I I I a tR i :i t lw Sw I & %if & &
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ricky Arriola, Commissioner
DATE: I|lIay 4,2016
SUBJECT: REFERRAL TO THE NEIGHBORIIOODS AND COMMUNITY
AFFAIRS COMMITTEE TO DISCUSS BATTLE AT THE BEACH
Please add the above subject as a consent agenda item to the May ll,2016 City Commission
agenda.
Battle at the Beach is a proposed professional boxing series that would showcase local boxers
while raising funds and awareness for the Miami Beach Police Athletic League and the
Dwayne Have a Heart Foundation. I ask the City to explore ways in which it can get involved
in this event.
Sincerely,
Ricky Arriola
t"tf A,\f'l mfAtF't
Ricky Arriola, Commissioner
Office of the Mayor and Commission
1700 Convention Center Drive, 4th Floor, Miami Beach, FL 33139
Tel: 305-673 -7 000 x7 107
www.miamibeachfl.qov
We ore commiited t'o providing excellent public service ond sofehT to oll who live, work, ond ploy in our vibront, tropical, historic communif,/.
Agenda ltem
Date3
A
:-iITTHIiilff.IIItY
BATTLE AT THE BEACH - The return of Pro Boxing in
Miami Beach at the North Beach Band Shell!
o Professional Boxing Series to help raise funds and awareness for the Miami Beach PAL
KidFit Program and The Dwayne Have A Heart Foundation
o Showcase our talented and aspiring Pro Boxers currently training in our Miami Beach
Gyms
o Regain some of the notoriety of the past and re-establish Miami Beach's reputation in
Pro Boxing during the Heyday of Ali, Liston, etc.
o Presentation of Current and former Champs directed to the PAL Youth
Promoter's req uirements:
!. Acquire and pay for allthe necessary Promotional and Event Licenses, Bonding,
lnsurance, etc. as required by the Florida Boxing Commission.
2. Once approved by the City and Venue the date of the event will be reserved with the
Boxing Commission.
3. Organize the Bouts, Solicit Sponsors, establish the Vendors and overall set-up and
schedule (Ring rental, Lighting, Ring Covering if required, DJ, Ring Announcer,
Paramedics, Security, etc.)
4. Advertise the Event along with the help of the City (Posters, Print media, radio, etc.)
t
City's requirements:
Overall approval of the event and scheduling the use of the Venue. The Ring, Lighting
and seating are usually set up the day before the event.
Assistance with the Security of the venue and anything as normal practice for any event
held at the Venue.
Assistance with any advertising, Sponsors or approved City Food/Merchandise Vendors
L,
2.
3.
4
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amending Chapter 82 Of The Code Of The City Of Miami Beach, Entitled "Public Property,"
By Amending Article V, Entitled "Beaches," By Amending Division 1, Entitled "Generally," By Amending
Sections 82-443, To Provide The City Manager Certain lmmediate Measures For The Protection Of Beach
Property During High lmpact Events ln The City; Providing For Notification, Enforcement, And Penalties;
Providino For Codification, And An Effective Date.
lntended Outcome Su
Supporting Data (Surveys, EnvironmentalScan, etc.): N/A
Item Summary/Recommendation :
On April 27,2016, the City Commission discussed the impacts of viral unsanctioned events following the
issues which resulted from the Floatopia Miami event on Saturday April 16. The Commission unanimously
passed a motion directing the City Manager and City Attorney to bring a City staff will determine if an event
or gathering on beach property in the City of Miami Beach during which one or more of the following occur,
which will be considered a High lmpact Event:
1. An event, activity or period of time that generates a significant spike in social media conversations,
increasing audience, impressions, and attention on the City, that is expected to generate attendance by
more than 5,000 people for an area of beach property that extends less than 15 City blocks from south
to north;2. City Parking lots and garages in an area within a 15 block radius of an event that is held on beach
property pursuant to a special event permit, or otherwise, are at full capacity;3. An event is held pursuant to a special event permit which is expected to result in attendance by more
than 25,000 people on beach property.
4. There is a designated major event period;
5. A maintenance of traffic plan is required;6. Hotel occupancy levels are anticipated to be greater than 75 percent;
7. Mutual aid or other assistance from outside agencies is required to provide for the safety and well-being
of residents and visitors to the destinations; or8. An event on public property is anticipated to result in more than 25,000 visitors to the destination.
These are measures that would only be implemented on a case by case basis if we become aware that a
high impact beach event will be coming to the City. These measures include:
1. The prohibition of coolers2. The prohibition of any inflatable devices3. The prohibition of tents and similar structures4. The limitation of live or amplified music5. The limitation of traffic routes to prohibit vehicular access to non-residents, and those patrons and
employees of businesses located in the affected area (e.9., south of Fifth).6. Establishing occupancy for different segments of beach property, and prohibiting access to those areas
that have reached occupying limits, to protect the health, safety and welfare of the general public.
7. The prohibition of any direct or indirect public consumption of alcohol.8. The implementation of a license plate reader police detail that may be utilized on east bound MacArthur
Causeway, Julia Tuttle and any other access points into the City.
The Ordinance also includes a notice provision whereby notice shall be filed with the City Clerk and
to news media, radio and television stations from broadcast
Financia! lnformation :
Source of
Funds:
OBPI
Amount Account
1
Total
Financial lmpact Summary:
N/A
Clerk's Office ative Track
DA ITEi' I'I J \-'
orre 5-ll-bDATEE MIAMIBEACH 5
4 MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Philip Levine, Mayor and Members of
FROM: Jimmy L. Morales, City Manager
DATE: May 11,2016
SUBJECT: AN ORDINANCE OF THE MAYOR AllD CITY COMMISSION OF THE C!ry
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY
AMENDING ARTICLE V, ENTITLED "BEACHES," BY AMENDING DIVISION
1, ENTITLED "GENERALLY," BY AMENDING SECTIONS 82.443, TO
PROVIDE THE CITY MANAGER CERTAIN IMMEDIATE MEASURES FOR
THE PROTECTION OF BEACH PROPERTY DURING HIGH IMPACT
EVENTS !N THE CITY; PROVIDING FOR NOTIFICATION, ENFORCEMENT,
AND PENALTIES; PROV!DING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
On April 27, 2016, the City Commission discussed the impacts of viral unsanctioned
events following the issues which resulted from the Floatopia Miami event on Saturday
April 16. ln particular, the challenge is those events that are not sanctioned or subject to
special event permit by the City and quality of life issues they present. The Commission
unanimously passed a motion directing the City Manager and City Attorney to bring a
comprehensive Ordinance without referring the item to committee.
BACKGROUND
In analyzing how to deal with such events, I consulted with my Department Directors and
investigated how other communities (in and outside of Florida) have dealt with such
events. The various methods employed generally break down into three categories:
- Prohibiting Beach Access, thereby reducing the crowds;- lmplementing very restrictive rules applicable to visiting the beach
that serve as a significant deterrence to attendance; and- Strategies and resource allocation to make the event manageable.
Following the direction of the Mayor and City Commission, City Staff and the City
Attorney's Otfice prepared the attached beach management ordinance that sets forth
specific prohibitions and actions the City Manager can order in connection with high
impact beach events that are intended to provide significant crowd control and effectively
manage the event. This Ordinance, once adopted on second hearing, will be included in
the Beach Management Plan and presented to the Division of State Lands for approval
in June.
6
City Commission Memorandum - High lmpact Beach Events Ordinance
May 11,2016
Page2
Restrictive Rules to deter the Event
City staff will determine if an event or gathering on beach property in the City of Miami
Beach during which one or more of the following occur, which will be considered a High
lmpact Event:
1. An event, activity or period of time that generates a significant spike in social
media conversations, increasing audience, impressions, and attention on the
City, that is expected to generate attendance by more than 5,000 people for an
area of beach property that extends less than 15 City blocks from south to north;
2. City Parking lots and garages in an area within a 15 block radius of an event that
is held on beach property pursuant to a special event permit, or othenryise, are at
full capacity;
3. An event is held pursuant to a special event permit which is expected to result in
attendance by more than 25,000 people on beach property.
4. There is a designated major event period;
5. A maintenance of traffic plan is required (e.9., including, but not limited to, street
closures, lane closures, shuttle service);
6. Hotel occupancy levels are anticipated to be greater than 75 percent;
7. Mutual aid or other assistance from outside agencies is required to provide for
the safety and well-being of residents and visitors to the destinations; or
8. An event on public property is anticipated to result in more than 25,000 visitors to
the destination.
City Staff identified a series of steps that we believe provide significant crowd control
and would also facilitate monitoring and enforcement. These are measures that would
only be implemented on a case by case basis if we become aware that a high impact
beach event will be coming to the City. These measures include:
1. The prohibition of coolers
2. The prohibition of any inflatable devices
3. The prohibition of tents and similar structures
4. The limitation of live or amplified music
5. The limitation of traffic routes to prohibit vehicular access to non-residents, and
those patrons and employees of businesses located in the affected area (e.9.,
south of Fifth).
6. Establishing occupancy for different segments of beach property, and prohibiting
access to those areas that have reached occupying limits, to protect the health,
safety and welfare of the general public.
7. The prohibition of any direct or indirect public consumption of alcohol.
8. The implementation of a license plate reader police detail that may be utilized on
east bound MacArthur Causeway, Julia Tuttle and any other access points into
the City.
The Ordinance also includes a notice provision whereby notice shall be filed with the
City Clerk and delivered to news media, radio and television stations from broadcast.
Which and how many of these measures to implement would vary depending on the
nature of the event, the time of year, the location on the beach and other factors. We
7
City Commission Memorandum - High lmpact Beach Events Ordinance
May 11,2016
Page 3
would also need an aggressive social media campaign to educate the public about the
measures. These measures would not preclude the licensed operation of the beach
chair concessions and attendant services on the beach.
There are some of these measures that the City has used in the past and clearly are
within our scope of authority (e.9. alcohol prohibition, LPR details on causeway). The
advantage of this approach is that the City would not be closing a valuable public
resource, but would simply be implementing one or more of these measures that protect
that asset while also promoting public safety. There will still be a budgetary impact to
the City since we will need to deploy police, code and other resources to enforce these
rules, particularly in the early years. But, eventually, once events know that the City is
serious and enforcing the rules, the numbers will diminish and compliance will become
the rule.
RECOMMENDATION
The Administration recommends the Mayor and City Commission adopt the attached
Ordinance on First Reading and set the Second Reading and Public Hearing for May 25,
2016.
Attachment
JLM/KGB/MAS
T:\AGENDA\2016\May\TCED\Memo- Ordinance Dealing with High lmpact Beach Events.v2.docx
8
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC
PROPERTY," BY AMENDING ARTICLE V, ENTITLED "BEACHES,"BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY
CREATING A NEW SECTION 82443, ENTITLED "HIGH IMPACT
EVENTS ON BEACH PROPERTY," TO PROVIDE THE CITY
MANAGER WITH THE AUTHORITY TO IMPOSE CERTAIN
IMMEDIATE MEASURES FOR THE PROTECTION OF BEACH
PROPERTY DURING HIGH IMPACT EVENTS IN THE CITY;
PROVIDING FOR NOTIFICATION OF HIGH IMPACT EVENT
MEASURES, ENFORCEMENT, AND PENALTIES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach ("City") is an Internationally renowned tourist
destination that is famous for its beaches, which are among the best in the world; and
WHEREAS, due to its domestic and international popularity as a resort destination,
many events, both authorized by City permits and othenrvise, occur on a regular and frequent
basis on the beaches within the City; and
WHEREAS, the beach property in the City between the Mean High Water mark and the
Erosion Control Line is owned by the Board of Trustees of the lnternal lmprovement Trust Fund
of the State of Florida, but is expressly managed by the City pursuant to Management
Agreement No. 750-006 ("Management Agreement"), as amended and extended from time to
time; and
WHEREAS, paragraph 4 of the Management Agreement specifically states, "[i]t is
understood and agreed that the City shall have responsibility for the protection of the property;
and shall through its agent and employees take all reasonable measures to provide security
against property damage, property degradation and unauthorized uses"; and
WHEREAS, certain authorized and unauthorized uses of the beaches within the City
have caused property damage, property degradation, and unauthorized uses which require the
reasonable measures set forth in this Ordinance to provide security against such harms to the
beaches; and
WHEREAS, the reasonable measures set forth in this Ordinance will authorize the City
manager to implement specific and immediate, delineated measures that will prevent property
damage, property degradation, and unauthorized uses on the beach property.
9
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
Section {. That Division 1 of Article V of Chapter 82 of the Code of the City of Miami Beach,
Florida, is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
e*lcre v..g"""t ""
Division 1. Generally
Sec. 82-443. Resewed. Hiqh lmpact Events on Beach Propertv.
a. Definitions.
Beach Properfy means the beach propertv between the Mean Hioh Water Mark and
the Erosion Control Line within the municipal boundaries of the Citv of Miami Beach.
which is the subiect of the Manaqement Aqreement for Certain Lands No. 750-006
between the Citv of Miami Beach and the Trustees of the lnternal lmprovement Trust
Fund of the State of Florida. as such Aoreement mav be amended and extended.
Hiqh /mpacf Evenf means an event or qatherino on beach propertv in the Citv of
Miami Beach durino which one or more of the followino occur:
l) An event. activitv or period of time that qenerates a sionificant spike in
social media conversations. increasino audience impressions, and
attention on the Citv. which is expected to generate attendance bv more
than 5.000 people for an area of beach propertv that extends less than 15
Citv blocks from south to north:
!) Citv parkinq lots and qaraqes in an area within a 15 block radius of an
event that is held on beach propertv pursuant to a special event permit. or
othenruise. are at full capacitv:
Q An event is held pursuant to a special event oermit. which is expected to
result in attendance bv more than 25,000 people on beach propertv:
{) There is a desionated maior event period (as set forth and identified
within the special event reoulations and quidelines, as mav be amended
from time to time):
Q A maintenance of traffic plan would be required, or is required (e.q..
includino, but not limited to. street closures, lane closures, shuttle service)
based upon the high impact event. or pursuant to a special event permit:
Q) Hotel occupancv levels are anticipated to be qreater than 75 percent in
the Citv:
10
Z) Law Enforcement Mutual Aid or other assistance from outside law
enforcement aoencies is required to provide for the safetv and well-beinq
of residents and visitors to the beach propertv: or
Q An event on beach propertv. which mav impact public propertv. is
anticipated to result in more than 25,000 visitors to the citv.
b. Citv Manaoer's Authoritv to lmpose lmmediate Measure(s) for Hioh lmpact Events.
Whenever the Citv Manaoer determines that a hioh impact event on beach propertv
will occur, or is in progress. one or more of the followino immediate measures mav
be imposed on beach propertv to protect the beach propertv from damaqe. propertv
deoradation. and/or unauthorized uses:
1. The prohibition of coolers.
2. The prohibition of anv inflatable devices.
3. The prohibition of tents. tables, and similar structures.
4. The limitation of live or amplified music.
5. The limitation of traffic routes to prohibit vehicular access to non-residents.
and permit access onlv for residents and those patrons and emplovees of
businesses located in the specific area where traffic routes have been limited
(e.o., south of Fifth Street).
6. The establishment of occupancv limits for different seqments of beach
propertv. and prohibitino access to those areas that have reached those
occupancv limits. in order to protect the health. safetv, and welfare of the
oeneral public.
7. The prohibition of anv direct or indirect consumption of alcohol on the beach
ProPertv.
8. The implementation of a license plate reader police detail. which mav be
utilized on eastbound traffic lanes of the MacArthur Causewav. Julia Tuttle
Causewav, and on anv other access points into the Citv.
c. Notification of High lmpact Event Measures
When one or more immediate measures are implemented bv the Citv Manaoer
pursuant to subsection (b) above. such measures, and their duration. shall be filed
with the Citv Clerk and delivered to appropriate news media for publication and to
local radio and television stations for broadcast. lf practicable. siqns mav be posted
in the impacted area(s) advisino of the measures durinq the duration of such
measures.
d. Enforcement: penaltv.
Anv violation of the measures imposed pursuant to subsection 82-443(b) above,
shall be punished as provided in section 1-14 of this Code.
11
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. COD!FICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or re-lettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shalltake effect on the tenth (10th; day following its adoption.
PASSED and ADOPTED this day of 2016.
ATTEST:
Philip Levine
Mayor
Rafael E. Granado
City Clerk
(Sponsored by Commissioner Michael Grieco)
Underline denotes addition
APPROVED AS TO
FORM & I.ANGUAGE
& FOB E(ECUTION
,F 5!t" ltt
CfyAtund
12
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OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ricky Arriola, CommissionerDATE: May 4,2016
SUBJECT: DISCUSSION REGARDING LAUNCHING A PILOT PROGRAM FOR
A PROTECTED BIKE LANE SEPARATOR
Please add the above subject as a discussion item to the May 11,2016 City Commission
agenda.
Sincerely,
Ricky Arriola
eAlA$,A[ ffimAt]-.1
Ricky Arriola, Commissioner
Office of the Mayor and Commission
1700 Convention Center Drive, 4th Floor, Miami Beach, FL 33139
Tel : 305-673 -7 000 x7 1 07
www.miamibeachfl.qov
We ore commilled to providing excellent public seruice ond sofety to oll who live, work, ond ploy in our vibront, tropicol, histortc communitv.
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