Resolution 2018-30456 RESOLUTION NO. 2018-30456
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
SUSTAINABILITY AND RESILIENCY COMMITTEE, AND APPROVING AN
AMENDMENT TO THE RULES AND REGULATIONS FOR BEACHFRONT
CONCESSION OPERATIONS, TO REQUIRE ALL UPLAND OWNER
CONCESSIONAIRES AND THEIR THIRD PARTY CONCESSION OPERATORS TO
UTILIZE 100% REUSABLE WARES IN CONNECTION WITH THEIR BEACHFRONT
CONCESSION OPERATIONS, INCLUDING THE DELIVERY, SERVICE, AND
CONSUMPTION OF FOOD AND BEVERAGES; PROVIDED THAT SAID
AMENDMENT BE REFERRED TO THE SUSTAINABILITY AND RESILIENCY
COMMITTEE, FOR DISCUSSION AND COMMENT, PRIOR TO FINAL APPROVAL BY
THE CITY COMMISSION.
WHEREAS, On January 31, 2001, the City Commission adopted Resolution 2001-
24251, approving a First Amendment to the Rules and Regulations for Beachfront Concession
operations (Rules and Regulations), thereby prohibiting the cooking or heating of food on the
beachfront; and
WHEREAS, on September 5, 2001, the City Commission adopted Resolution No. 2001-
24571, approving the Second Amended and Restated Rules and Regulations for Beachfront
Concession Operations; and
WHEREAS, on January 30, 2002, the City Commission adopted Resolution No. 2002-
24736, amending the Second Amended and Restated Rules and Regulations for Beachfront
Concession Operations to include rules for beach chair deployment, design guidelines for
concession facilities, and rules for watersport operations, in accordance with the
Administration's recommendations; and
WHEREAS, on March 17, 2003, the Second Amended and Restated Rules and
Regulations for Beachfront Concession Operations were further amended to include the
Administration's policy for vehicle operation on the beach; and
WHEREAS, on May 11, 2016, the City Commission adopted Resolution No. 2016-
29403, adopting the Third Amended and Restated Rules and Regulations for Beachfront
Concession Operations; and
WHEREAS, the City of Miami Beach (the City), a world-renowned tourist destination,
declares that it is in the interest of the public health, safety, and welfare of its residents and
visitors to reduce litter and pollutants on the lands and in the waters of the City, and along its
shores and famous beaches; and
WHEREAS, single-use plastic is neither readily recyclable nor biodegradable, and takes
hundreds to thousands of years to degrade in the environment; and
WHEREAS, the discarded single-use plastic containers and wares contribute to
overburdened landfills, threaten wildlife and marine life, and degrade and litter our beaches; and
WHEREAS, the distribution of single-use plastic wares by businesses to consumers and
patrons has a detrimental effect on the environment of the City, County, and State; and
WHEREAS, as an environmental leader among local governments in the State of
Florida, the goal of the City is to replace single-use plastics with reusable, recyclable, or
compostable alternatives whenever possible; and
WHEREAS, in connection with the Beachfront Concession operations, the City could
execute one of two types of letter agreements with an Upland Owner Concessionaire: (1) a
Commercial Beachfront Concession Agreement, permitting an Upland Owner Concessionaire to
operate a Beachfront Concession for sales, services and rentals to the general public, in
addition to its guests and residents, or (2) a Non-Commercial Beachfront Concession
Agreement, which permits an Upland Owner Concessionaire to operate a Beachfront
Concession for sales, services and rentals solely to its guests and residents; and
WHEREAS, in February of 2017, the Miami-Dade County Beach Maintenance (MDC)
supervisor and the City's Beach Maintenance Director recognized the increasing volume of
trash being collected from the beaches each year and identified an objective to address "Beach
Trash Reduction"; and
WHEREAS, after studying and analyzing the frequency at which the total monthly trash
collection exceeded 300,000 pounds, and the locations on the beach where the incidence of
overflow occurred, it was determined that, while beachgoers contribute greatly to the volume,
the hotel food and beverage (F&B) operations were found to be the largest contributors to the
increasing volume of trash being collected; and
WHEREAS, on March 30, 2017, the City's Office of Asset Management, the City's
Beach Maintenance division, and MDC met with eight of the largest hotel representatives and
Steven Boucher of Boucher Brothers to secure feedback with regard to the use of reusable
wares, instead of disposable, in connection with the Beachfront Concession operations, with the
goal of reducing F&B generated trash on the beach; and
WHEREAS, the hotels, represented at the March 30, 2017 meeting, included Loews
Hotel, Ritz Carlton South Beach, Delano, SLS, The W South Beach, One Hotel, The Miami
Beach Edition, and Fontainebleau Hilton, of which all but one currently use some form of
reusable wares; and
WHEREAS, at the January 10, 2018 Sustainability and Resiliency Committee (SRC)
meeting, the Administration submitted a summary of their study and findings for consideration,
and the SRC made a favorable recommendation to submit, for consideration by the full City
Commission, an amendment to the Rules and Regulations, requiring that Commercial Upland
Owner Concessionaires, who provide F&B services, use fully reusable wares in connection with
their beachfront operations; and
WHEREAS, additionally, the SRC recommended that, in the interim, the Administration
meet with all hoteliers who are parties to a Commercial Beachfront Concession Agreement,
which includes food and beverage services, for additional feedback; and
WHEREAS, accordingly, the Administration secured feedback from various hotels which
operate commercial beachfront concessions, which include F&B services, located within the
jurisdiction of Miami Beach, as well as the surrounding jurisdictions of Sunny Isles Beach and
Surfside, and the general consensus was that it is less expensive to offer F&B services with
reusable wares than with disposable wares; and
WHEREAS, the Administration recommends that all Upland Owner Concessionaires and
their Third Party Concession Operators be required to use wares which are 100% reusable in
connection with their Beachfront Concession operations, including the delivery, service, and
consumption of food and beverages, and that they be required to collect and remove the wares,
after their use, from the public beach; and
WHEREAS, at the September 12, 2018 City Commission meeting, the Mayor and City
Commission approved amending the Rules and Regulations, to incorporate the reusable wares
requirement for Upland Owner Concessionaires, in connection with their Beachfront Concession
operations, and directed the Administration to refer the proposed amendment to the
Sustainability and Resiliency Committee for discussion and comment.
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 accept the recommendation of the Sustainability and Resiliency
Committee, and approve an amendment to the Rules And Regulations For Beachfront
Concession Operations, to require all Upland Owner Concessionaires and their Third Party
Concession Operators to utilize 100% reusable wares in connection with their Beachfront
Concession operations, including the delivery, service, and consumption of food and beverages;
provided that said amendment be referred to the Sustainability and Resiliency Committee, for
discussion and comment, prior to final approval by the City Commission.L
PASSED and ADOPTED this Id day of ierehIAY, 2018.
ATTEST: $4::;—:; \
�' L� ItY ::. B�•r pyGelber, Mayor
....... .. CIRafael . Gran do, City Clerk {JJ., a ,,.n.-
September 27.2018/Environmental and Beacdhlalnrenan. 4,d.I -MO an•'restated Rulesoldif ilatims §EMhfront
Concession Operations b. . .r11,c " : * ? 1'Y & LAN AJ lJ
kA kc `:INGORO IORATEDf 4 FORM & LANGUAGE
\ � ‘„0/
& FORE CLITION
u H 26 �' Qv Attorney om - 3"Dore
Resolutions - C7 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 12, 2018
SUBJECT 1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
SUSTAINABILITY AND RESILIENCY COMMITTEE, AND AMENDING THE RULES
AND REGULATIONS FOR BEACHFRONT CONCESSION OPERATIONS, BY
REQUIRING ALL UPLAND OWNER CONCESSIONAIRES AND THEIR THIRD
PARTY CONCESSION OPERATORS TO UTILIZE 100% REUSABLE WARES IN
CONNECTION WITH THEIR BEACHFRONT CONCESSION OPERATIONS; AND
FURTHER INCORPORATING THE AMENDMENT INTO THE FOURTH AMENDED
AND RESTATED RULES AND REGULATIONS FOR BEACHFRONT
CONCESSION OPERATIONS, THAT WILL INCORPORATE THIS AMENDMENT.
2. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE RULES AND
REGULATIONS FOR BEACHFRONT CONCESSION OPERATIONS, TO PERMIT
THE UTILIZATION OF MOBILE COOKING/HEATING CONCESSION FACILITIES
AS PART OF THE BEACH FRONT CONCESSION AGREEMENTS ISSUED
ANNUALLY TO THE UPLAND PROPERTY OWNERS; AND FURTHER
APPROVING THE FOURTH AMENDED AND RESTATED RULES AND
REGULATIONS FOR BEACHFRONT CONCESSION OPERATIONS, THAT WILL
INCORPORATE THIS AMENDMENT.
RECOMMENDATION
Approve the Resolutions
ANALYSIS
PRIOR HISTORY OF APPROVALS
On January 31, 2001, the City Commission adopted Resolution 2001-24251,
approving a First Amendment to the Rules and Regulations for Beachfront
Concession Operations (the Rules and Regulations), thereby prohibiting the
cooking or heating of food on the beachfront. On September 5, 2001, the City
Commission adopted Resolution No. 2001-24571, approving the Second
Amended and Restated Rules and Regulations. On January 30, 2002, the City
Commission adopted Resolution No. 2002-24736 amending the Second Amended
and Restated Rules and Regulations to include rules for beach chair deployment,
design guidelines for concession facilities, and rules for watersport operations, in
accordance with the Administration's recommendations. On March 17, 2003, the
Page 438 of 1802
Second Amended and Restated Rules and Regulations were further amended to
include the Administration's policy for vehicle operation on the beach.
On May 11, 2016, the City Commission adopted Resolution No. 2016-29403,
approving the Third Amended and Restated Rules and Regulations. Prior to
approval, the prohibition of "plastic bags and cups' was discussed. Their
prohibition was recommended unless they were recyclable, biodegradable, or
reusable. On May 11, 2016, the Mayor and City Commission referred and item to
the Sustainability and Resiliency Committee (SRC) to look into alternatives to
plastic wares by beach concessions. The item at hand (the Regulations for
Beachfront Concessions)was passed unanimously.
In connection with the beachfront concession operations, the City could execute
one of two types of letter agreements with an Upland Owner Concessionaire: (1)
a Commercial Beachfront Concession Agreement, permitting an Upland Owner
Concessionaire to operate a Beachfront Concession for sales, services and
rentals to the general public, in addition to its guests and residents, or (2) a Non-
Commercial Beachfront Concession Agreement, which permits an Upland Owner
Concessionaire to operate a Beachfront Concession for sales, services and
rentals solely to its guests and residents.
ANALYSIS
The City, a world-renowned tourist destination, declares that it is in the interest of
the public health, safety, and welfare of its residents and visitors to reduce litter
and pollutants on the lands and in the waters of the City, and along its shores and
famous beaches. Single-use plastic is neither readily recyclable nor
biodegradable, and takes hundreds to thousands of years to degrade in the
environment. The discarded single-use plastic containers and wares contribute to
overburdened landfills, threaten wildlife and marine life, and degrade and litter our
beaches. The distribution of single-use plastic wares by businesses to consumers
and patrons has a detrimental effect on the environment of the City, County, and
State. As an environmental leader among local governments in the State of
Florida, the goal of the City is to replace single-use plastics with reusable,
recyclable, or compostable alternatives whenever possible.
In February of 2017, the Miami Dade County (MDC) Beach Maintenance
Supervisor and the City of Miami Beach (CMB), Beach Maintenance Director
recognized the increasing volume of trash being collected from the beach. After
study and observation it was concluded that while beachgoers contribute greatly
to the volume, Hotel Food and Beverage (F&B) operations were the largest
contributors to the increasing volume. M objective was identified to address
"Beach Trash Reduction".
Our study and analysis of the increased volume of beach trash concentrated on
two areas; 1) the frequency at which the total monthly trash collection exceeded
300,000 pounds, and 2) the locations on the beach where the incidence of
overflow occurred most frequently and where trash cans require multiple daily
servicing.
MDC Beach Maintenance records the volume oftheir monthly and annual trash
collection. The collection of 300,000 pounds monthly was a rarity and became an
earmark being achieved only once or twice annually through 2010. In 2014, 2015,
and 2016 the collection of trash from the beach exceeding 300,000 pounds in a
single month occurred four times in each of these twelve month periods.
Furthermore, in fiscal year 2016 and 2017, the monthly trash collection from the
beach again exceeded 300,000 pounds on four occasions and once in each year
exceeded 400,000 pounds. In July of 2016 the volume exceeded 423,000 pounds
and in 2017 it exceeded 450,000 pounds with each occurrence occurring in the
Page 439 of 1802
month of July.An ever increasing amount of trash and litter is being deposited and
collected from our beaches each year.
Increasing Beach Litter
Total Trash Frequency> Heaviest Month of
Year Collected (in lbs.) 300,000 lbs. Month (in Occurrence
lbs.)
2010 2483,880 0 299,440 July
2014 2,947,780 4 362,220 July
2015 3,004,460 4 357,240 May
2016 3,259,100 4 423,340 July
2017 3,073,120 4 451,420 July
The increasing volume of trash and litter was observed throughout the Seven and
One-half miles of Miami Beach while the increased incidence of overflowing trash
cans and the need formultiple daily servicing of trash canswas seen in specific
areas. Those areas needing additional service were identified as being behind
Hotels with beachfront F&B service.
Trash cans in these areas were being filled almost immediately after being
emptied. Large paper bags, cardboard like cup holders, plastic and paper food
containers and plates which fail to compact or crush consumed the entire 70
gallon trash cans shortly after being emptied.
As the problem was studied itbecame evident that all solutions in the past had
addressed the problem of trash volume and never the cause of where and howit
was being generated. More trash cans, larger trash cans, longer operating hours
for the operators and equipment, double shifts seven days per week, and adding a
second crew on weekends and Holidays only enabled the increasing volume of
beach trash.
On March 30, 2017, the CMB Office of Asset Management, CMB Beach
Maintenance, and MDC Beach Maintenance met with several of the large Hotel
Managers and Steven Boucher from Boucher Brothers. Those represented at this
meeting included Loews Hotel, Ritz Carlton South Beach, Delano, SLS, The W
South Beach, One Hotel, The Miami Beach Edition, and Fontainebleau Hilton.All
of these Hotels have Commercial Beachfront Concession Agreements, which
include F&B service on the beach. Their feedback was sought regarding their
favor or displeasure with the idea of serving all F&B items with, on, and in
reusable containers. The need to reduce F&B generated trash on the beach was
explained and the requirement for the collection of all reusable F&B service wares
by Hotel staff was discussed. Of the Hotels represented at this meeting, all
currently use some reusable wares in their beach service with one exception. Al,
with this one exception, favored the idea of using only reusable wares for beach
F&B service.
It was shortly after this meeting that the SRC initiative seeking an alternative to
plastics by beach concessions and this Beach Trash Reduction initiative were
recognized for their shared coaron goals.
On May 10, 2017, the Beach Trash Reduction proposal requiring that all
commercial concessionaires, who provide F&B services to the general public, be
required to deliver and serve the beachfront F&B services on reusable wares and
the input received from Hotel Managers was presented to the SRC. Further
discussion on the subject was continued at the July 19, 2017 SRC meeting,
where economic impacts would be presented and potential wares would be
Page 440 of 1802
displayed.
On July 19, 2017, a display of F&B trays, plates, bowls, and unbreakable
glassware currently in use at various Hotels were on display and
comments/feedback received from management at various Hotels were shared
viewed by committee members.
On January 10, 2018, a summary of our study and findings were given to the
newly appointed members of the SRC. Staff presented its recommendation that
Upland Owner Concessionaires, who are parties to a Commercial Beachfront
Concession Agreement, providing F&B services be required to use fully reusable
wares in connection with their operations. The SRC made a motion to bring the
item for consideration and approval to the full Commission at the February 14,
2018, City Commission Meeting. In the interim, the SRC recorrurended that staff
hold another meeting with all Hoteliers who are parties to a Commercial
Beachfront Concession Agreement, which includes food and beverage services.
Comments and feedback from various Hotel Management
• SLS Miami Beach — The SLS first observed that staff involved in the delivery
of F8B items would typically return to the service area empty handed. Now they
deliver and retrieve food service wares on a single trip. In a more recent report
completed by the SLS, they accounted for their initial investment in reusable plate
ware, water, detergent and electric costs in washing these wares and compared
these costs to the cost of disposables which would have been used for their total
food servings over the last twelve months. Their average cost per dish served
using disposables was $0.40. Their average cost per dish served using reusable
wares was $0.28.
• Miami Beach Edition — Paulo Bernabeu, The use of reusable items has had a
positive effect on the work load in the warehouse/supply room and a reduced
frequency of receiving deliveries. Reusable items have proven to be much less
expensive than disposable.
• Eden Roc — Jason Hajbura, Banquet Manager - The use of reusable wares is
definitely less expensive than disposable. Cost estimates based on one quarter
are as follows: Reusable annual cost = $17,000. Disposable annual cost =
$24,500 Reusable savings are estimated at$7,500 annually.
• Four Seasons, Surfside —The extended useful life of reusable wares makes it
worthwhile. They are less costly over tint than disposables, they provide a higher
level of service, and their use is a better decision environmentally.
• Trump International, Sunny Isles Beach — Curtis Jantz, Chief of Operations
— The use of reusable wares is practiced in their beachfront restaurant to a much
greater extent than on the beach. Stackable bamboo baskets with covers are
used on the beach lined with parchment paper for food service. There is a definite
cost savings realized as a result of using the reusable items and they are anpous
to expand on this practice.
• Sole on Sunny Isles Beach — Pamela Presley, Director of Sales — Currently
using stackable bamboo baskets with lids for beach food delivery. Recycled
plastic cups and biodegradable paper straws are also used. She has no doubt
that reusable wares for beach service would reduce costs and is interested in
Page 441 of 1802
pursuing this in the near future.
Item R7 L was deferred at the February 14, 2018 City Commission Meeting.
Now identified as Item C7 F, the matter will be brought to the full Commission on
September 12, 2018.
Mobile Cooking and Heating Facilities
On June 27, 2018, the City Commission adopted Resolution No. 2018-30369,
approving a pilot program for the location of mobile cooking/heating Concession
Facilities (a/k/a food trailers) behind private upland properties (i.e. hotels and
condominiums). The Resolution also authorized the Administration, should it
determine the pilot program was successful,to modify the Rules and Regulations
to authorize the City Manager to allow the mobile Concession Facilities as part of
the beachfront concession agreements issued annually to upland property
owners.At its July 27, 2018 meeting, because of the reluctance of private property
owners to invest in food trailers for a short term pilot program, the Finance and
Citywide Projects Committee recommended that the temporary nature of the pilot
program be discontinued such that the City Manager could execute annual letter
agreements with private upland property owners located immediately westward of
the beachfront. In order to allow the use of mobile cooking/heating Concession
Facilities as part of the uses under the beachfront concession agreements the
Rules and Regulations must be an-ended. The proposed modifications to the
Rules and Regulations authorize the City Manager to allow upland property
owners to apply for mobile cooking/heating Concession Facilities and includes
certain requirements for their use.
CONCLUSION
While addressing the volume of trash on our beach, we at the same time address the environmentally
sensitive issue of pollution of our waters and beaches. This endeavor will have long lasting effects on
our environment both on land and in our Oceans. While pursuing our objective, we have also
considered the use of biodegradable, recyclable, and/or reusable Food & Beverage service items.
Both biodegradable and recyclable items, although having environmentally sensitive benefits, when
placed on the sands of our public beach they are still trash. They require collection and disposal
typically by a party who saw no profit from their sale. They eventually contribute to our landfills and
our carbon footprint, and without question they fall into the category of garbage. Reusable items have
proven to elevate the quality of service and the presentation of food and beverages.Additionally, over
the course of their useful life, they are less costly than disposable, and when left on the sands of our
public beach, they are not trash but are an item to be collected, washed, and reused.
Requiring the use of only reusable wares for any Food and Beverage service, being provided on our
public beach is not only beneficial to upland properties in terms of economics and the level of service
to their patrons, it is also the right thing to do for our environment.
Based upon the foregoing, the Administration is recommending that the Mayor and City Commission
accept the recommendation of the Sustainability and Resiliency Committee, to amend the Rules and
Regulations for Beachfront Concession Operations, requiring all Upland Owner Concessionaires
and their Third Party Concession Operators to use only 100% reusable wares in connection with
their beachfront concession operations, and permitting the utilization of mobile cooking/heating
Concession Facilities, as part of the beachfront concession agreements issued annually to the
Upland Property Owners; and further approving the incorporation of these amendments as part of the
Fourth Mended and Restated Rules and Regulations for Beachfront Concession Operations, a
copy of which is incorporated herein by reference and attached to this City Commission
Memorandum.
Page 442 of 1802
KEY INTENDED OUTCOMES SUPPORTED
Improve Cleanliness, City Beaches
FINANCIAL INFORMATION
No costs involved. There is a potential for enhanced beach grooming and sifting resulting from the
reduction in trash collection needs and a strongly anticipated cost reduction for Hotels upon
implementation of this practice.
Legislative Tracking
Office of the City Manager
Sponsor
Commissioner Micky Steinberg
ATTACHMENTS:
Description
❑ Resolution 1
❑ Resolution 2
Page 443 of 1802