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R7I-Amend Citys Special Events Requirements And Guidelines To Prohibit PolystyrCOMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission Amending the Special Events Requirements and Guidelines to Prohibit the Sale, Use, and Offering of Expanded Polystyrene Food Service Articles by Event Permittees. Item Summary/Recommendation: At the May 22,2014 Sustainability Committee meeting, the Committee discussed restricting the sale and use of expanded polystyrene (commonly known as Styrofoam) products, to reduce litter and pollutants in the City's watenruays and to enhance the environmental sustainability of the City. The Sustainability Committee unanimously passed a motion recommending that the City Commission approve an ordinance drafted by the City Attorney's Office, which would (1) prohibit the carrying of expanded polystyrene products into City parks; (2) prohibit the sale or use in public facilities and on public property of expanded polystyrene food service articles by City contractors, vendors, lessees, concessionaires, operators of City facilities and properties, and special event permittees; and (3) prohibit expanded polystyrene food service articles on the right-of-way and prohibit sidewalk caf6 permittees from providing expanded polystyrene food service articles to sidewalk caf6 patrons. On June 11,2014, the City Commission approved the Ordinance on First Reading. The Ordinance is before the Commission on Second Reading at the July 23,2014 Commission meeting. ln order to provide corresponding provisions in the City's Special Event Requirements and Guidelines following the adoption of the above-referenced Ordinance, the Administration has proposed a resolution amending the Special Event Requirements and Guidelines. The proposed Resolution reconciles Section J of Part lV Special Event Requirements and Guidelines with the proposed Ordinance (Attached). The Administration recommends approval of the resolution amending the Special Events Requirements and Guidelines. Source of Funds: Amount Account 1 OBPI Total Financial lmpact Summary: Enhance the Environmental of the Community. Supporting Data: 2o/o of residential respondents indicated trash and litter is an area that the City needs to improve. ln the 2014 Community Satisfaction Survey, residential respondent and business owner satisfaction with canal/waterwav cleanliness 4% and 2oh'from 201 On May 22, 2014, the Sustainability Committee recommended that the City Commission approved the related Ordinance unanimouslv. Financial lnformation: Clerk's Office T:\AGENDA\201 4\July\Polystyrene Special E AGE}'IDA ITEIiT R.TT{s MIAMIBTACH trArE ?]3'ry896 g MIAMIBEACH City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members mission FRoM: Jimmy L. Morales, City Manager DATE: July 23,2014 SUBJECT: ARESOLUTION OFTHE MAYOR CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING PART IV OF THE CITY'S SPECIAL EVENTS REQUIREMENTS AND GUIDELINES, ENTITLED "CITY OF M!AM! BEACH AGENCIES," BY AMENDING SECTION J, ENTITLED "PUBLIC WORKS DEPARTMENT,,' BY TNSERTING A PAR,/AGR/APH, BETWEEN THE PAII/AGR/APH ENTITLED "BEACH IMPACTS (OTHER)" AND THE PARAGRAPH ENTITLED ..RIGHT.OF-WAY PERMIT," ENTITLED "EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES," PROHIBITING THE SALE, USE, AND OFFERING OF EXPANDED POLYSWRENE FOOD SERVICE ARTICLES BY SPEGIAL EVENT PERMITTEES. BACKGROUND At the May 22,2014 Sustainability Committee meeting, the Committee discussed restricting the sale and use of expanded polystyrene (commonly known as Styrofoam) products, to reduce litter and pollutants in the City's waterways and to enhance the environmental sustainability of the City. The Sustainability Committee unanimously passed a motion recommending that the City Commission approve an ordinance drafted by the City Attorney's Office, which would (1) prohibit the carrying of expanded polystyrene products into City parks; (2) prohibit the sale or use in public facilities and on public propefi of expanded polystyrene food service articles by City contractors, vendors, lessees, concessionaires, operators of City facilities and properties, and special event permittees; and (3) prohibit expanded polystyrene food service articles on the right-of-way and prohibit sidewalk caf6 permittees from providing expanded polystyrene food service articles to sidewalk caf6 patrons. On June 11,2014,the City Commission approved the Ordinance on First Reading. The Ordinance is before the Commission on Second Reading at the July 23,2014 Commission meeting. ln order to provide corresponding provisions in the City's Special Event Requirements and Guidelines following the adoption of the above-referenced Ordinance, the Administration has proposed a resolution amending the Special Event Requirements and Guidelines. The proposed Resolution reconciles Section J of Part lV Special Event Requirements and Guidelines with the proposed Ordinance (Attached). CONCLUSION The Administration recommends approval of the attached Resolution amending the Special Events Requirements and Guidelines. Attachment: Special Event Recycling Guidelines Proposed Amendments JMJ/MVF/ESW/MKW T:\AGENDA\201 4\July\Polystyrene Special Event Guidelines - MEM.doc the 897 J. Attachment Proposed Special Events Requirements and Guidelines Amendment CITY OF MIAMI BEACH AGENCIES Public Works Department Environmental Resource Management Beach lmpacts (other)o Special Events occurring during hurricane season shall have an emergency evacuation plan that will go into effect within eight (8) hours of a hurricane warning and be completed within twenty-four (24) hours - all equipment, material, staff, staging, vehicles and associated appurtenances shall be removed from event site within the allotted time. Expanded Polvstvrene Food Service Articleso Expanded polysfyrene food service arfibles means plates. bowls. cups, containers, lids. travs. coolers. ice chests. and all similar articles that consist of expanded polvstvrene. o Special event permittees shall not sell. use. provide food in, or offer the use of expanded polvstvrene food service articles in Citv facilities or on Citv propertv. A violation of this paragraph is qrounds for revocation of a special event permit. This paraoraph shall not applv to expanded polvstvrene food service articles used for prepackaoed food that have been filled and sealed prior to receipt bv a special event permittee. 898 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING PART IV OF THE CITY'S SPECIAL EVENTS REQUIREMENTS AND GUIDELINES, ENTITLED "C!TY OF MIAMI BEACH AGENCIES,'' BY AMENDING SECTION J THEREOF, ENTITLED "PUBLIC WORKS DEPARTMENT ENVIRONMENTAL RESOURCE MANAGEMENT," BY CREATING A PARAGRAPH TO BE ENTITLED "EXPANDED POLYSWRENE FOOD SERVICE ARTICLES," PROHIBITING THE SALE, USE, AND OFFERING OF EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES BY SPECIAL EVENT PERMITTEES. WHEREAS, the City of Miami Beach ("City") 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 land and in the waters of the City; and WHEREAS, expanded polystyrene, a petroleum by-product commonly known as Styrofoam, is neither readily recyclable nor biodegradable and takes hundreds to thousands of years to degrade in the environment; and WHEREAS, expanded polystyrene is a common pollutant, which fragments into smaller, non-biodegradable pieces that are ingested by marine life and other wildlife, thus harming or killing them; and WHEREAS, due to the physical properties of expanded polystyrene, the EPA states "that such materials can also have serious impacts on human health, wildlife, the aquatic environment and the economy"; and WHEREAS, disposable food service articles constitute a portion of the litter in the City of Miami Beach's streets, parks, public places, and watenruays; and WHEREAS, the City's goal is to replace expanded polystyrene food service articles with reusable, recyclable, or compostable alternatives; and WHEREAS, the City encourages the use of unbleached, non-coated, recycled-content paper food service articles and other fiber-based food service articles as the most environmentally preferable alternatives when the use of reusable food ware is not feasible; and WHEREAS, on July 23, 2014, the Mayor and City Commission adopted an ordinance prohibiting the carrying of any expanded polystyrene product into any park; prohibiting the sale, use, and offering of expanded polystyrene food service articles by City contractors and special event permittees in City facilities and on City property; and prohibiting expanded polystyrene food service articles on the right-of-way and prohibiting sidewalk cafes from providing expanded polystyrene food service articles to sidewalk caf6 patrons; and WHEREAS, the Mayor and City Commission deem it in the best interest of the City to amend the City's Special Events Requirements and Guidelines to incorporate provisions to prohibit the sale, use, and offering of expanded polystyrene food service articles by special event permittees. 899 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section J of Part lV of the City's Special Events Requirements and Guidelines is hereby amended as follows: IV. CITY OF MIAMI BEACH AGENCIES J. Public Works o"p".t."nt * Environmental Resource Management Beach lmpacts (other)o Special Events occurring during hurricane season shall have an emergency evacuation plan that will go into effect within eight (8) hours of a hurricane warning and be completed within twenty-four (24) hours - all equipment, material, staff, staging, vehicles and associated appurtenances shall be removed from event site within the allotted timq Expanded Polvstvrene Food Service Articles. Expanded polysfyrene food service arfibles means plates. bowls. cups, containers. lids. travs. coolers. ice chests. and all similar articles that consist of expanded oolvstvrene.. Soecial event permittees shall not sell. use, provide food in. or offer the use of expanded oolvstvrene food service articles in Citv facilities or on Citv propertv. A violation of this paraoraph is qrounds for revocation of a special event oermit. This paraqraph shall not applv to expanded oolvstvrene food service articles used for oreoackaqed food that have been filled and sealed prior to receipt bv a special event permittee. PASSED AND ADOPTED this the day of ATTEST: Rafael E. Granado City Clerk 2014. Philip Levine Mayor AppROVED AS TO FORM & LANGUAGE & FOR EXECUIIONW{4r' Dole F'\ATTO\gALL\Nick\Polystyrene\Reso amending special event guidelines\Polystyrene Special Events Reso fiiWOflJSf"' '( 900 THIS PAGE INTENTIONALLY LEFT BLANK 901