20170607 SM2MIAMI BEACH
Commission Meeting
su PPLE M E NTAL MATERTAL 2 (61 5t 2017)
City Hall, Commission Chambers, 3'd Floor,lTOO Convention Center Drive
June7,2017
Mayor Philip Levine
Commissioner John Elizabeth Alem6n
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Kristen Rosen Gonzalez
Com missioner 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
Ghapter 2, Article Vl!, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all Iobbyists with the City Clerk priorto engaging in any lobbying activitywith the City
Commission, any City 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
C7 - Resolutions
C7 V A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, RESPECTFULLY REQUESTING MIAMI.DADE COUNTY MAYOR CARLOS GIMENEZ
TO PROVIDE A TOWN HALL WORKSHOP IN THE CITY OF MIAMI BEACH OR IN EAST MIAMI-
DADE COUNTY, IN ADDITION TO THE TOWN HALL WORKSHOPS TO BE HELD IN OTHER
AREAS OF THE COUNTY, FOR COMMUNITY INPUT ON THE EVALUATION AND APPRAISAL
REPORT ON THE COUNTY'S COMPREHENSIVE DEVELOPMENT MASTER PLAN, A GROWTH
BLUEPRINT THAT INCLUDES THE URBAN DEVELOPMENT BOUNDARY.
Office of the City Attorney
Vice-Mayor Kristen Rosen Gonzalez
Supplemental updated on 61512017
(Resolution)
1
Supplemental 2, June 7,2017
R5 - Ordinances
R5 AH AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 82OF THE CODE OF THE CITYOF MIAMI BEACH, ENTITLED,'PUBLIC PROPERTY,'' BY AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF-
WAY,' BY AMENDING DIVISION 5, ENTITLED ''SIDEWALK CAFES,' BY AMENDING
SUBDIVISION I, ENTITLED ''GENERALLY," BY AMENDING SECTION 82-366 THEREOF,
ENTITLED ''DEFINITIONS,'' TO DEFINE THE TERM "SINGLE-USE CARRY OUT PLASTIC BAG'';
BY AMENDING SUBDIVISION II, ENTITLED "PERMIT," BY AMENDING SECTION 82-385
THEREOF, ENTITLED "MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION
OF SIDEWALK CAFES" TO PROVIDE PROVISIONS RELATING TO SINGLE-USE CARRY OUT
PLASTIC BAGS;AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
First Readinq Office of the City Attorney
Commissioner Michael Grieco
Supplemental updated on 61512017
(Memorandum & Ordinance)
R7 - Resolutions
R7 I A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITWVIDE PROJECTS
COMMITTEE, AND APPROVING A SPONSORSHIP TO PRO FOOTVOLLEY TOUR, LLC, IN AN
AMOUNT NOT TO EXCEED $1O,OOO.OO, FOR THE 2017 SOUTH BEACH FOOTVOLLEY OPEN, TO
BE HELD IN LUMMUS PARK, FROM JUL Y 27, 2017 THROUGH JUL Y 30, 2017, SUBJECT TO
FUNDING APPROVAL IN THE FY 201612017 OPERATING BUDGET.
Tourism, Culture, and Economic Development
Vice-Mayor Kristen Rosen Gonzalez
Supplemental updated on 61512017
(Resolution)
2
Agenda ttem C-l V
Date 6-1-11
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY GOMMTSSION OF THE CITY
OF MIAMI BEACH, FLORIDA, RESPECTFULLY REQUESTING MIAMI.
DADE GOUNTY MAYOR CARLOS GIMENEZ TO PROVIDE A TOWN HALL
WORKSHOP !N THE CITY OF MIAMI BEACH OR !N EAST MIAMI.DADE
COUNTY, !N ADDITION TO THE TOWN HALL WORKSHOPS TO BE HELD
IN OTHER AREAS OF THE COUNry, FOR GOMMUNITY INPUT ON THE
EVALUATION AND APPRAISAL REPORT ON THE COUNTY'S
COMPREHENSIVE DEVELOPMENT MASTER PLAN, A GROWTH
BLUEPRINT THAT INCLUDES THE URBAN DEVELOPMENT BOUNDARY.
WHEREAS, an Evaluation and Appraisal Report (EAR) is required to be prepared every
seven years by Miami-Dade County (County) to provide a comprehensive review and update to
the County's Comprehensive Development Master Plan; and
WHEREAS, the EAR includes an assessment of the progress the County has made in
implementing the County's Comprehensive Development Master Plan and recommends
changes; and
WHEREAS, the County's Comprehensive Development Master Plan is a growth
blueprint for the County that includes the Urban Development Boundary (UDB) which forms the
western and southern development boundaries between permissive building rules and low-
grovrrth restrictions; and
WHEREAS, the UBD is critical to Countywide considerations of climate change and the
health of the aquifer that feeds wells in the County; and
WHEREAS, as part of the EAR process, the County's Department of Regulatory and
Economic Resources' Planning Division will provide various opportunities for community input
through the holding of six Town Hall Workshops to be held in the month of June, 2017 at the
Kendall Village Center-Civic Pavilion, Ruben Dario Middle School, the African Heritage Cultural
Arts Center, Norman and Jean Reach Park, Highland Oaks Park, and the South Dade Regional
Library; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach respectfully
request Mayor Carlos Gimenez to provide a Town HallWorkshop in the City of Miami Beach, or
in a location in east Miami-Dade County, in order to provide for convenient public input and
participation in the EAR process by residents in the eastern areas of the County.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIry
GOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby respectfully request Miami-Dade County Mayor Carlos Gimenez to provide
a Town Hall Workshop in the City of Miami Beach or in East Miami-Dade County, in addition to
the Town Hall Workshops to be held in other areas of the County, for community input on the
Evaluation and Appraisal Report on the County's Comprehensive Development Master Plan, a
growth blueprint that includes the Urban Development Boundary.
PASSED AND ADOPTED this _ day of June, 2017.
ATTEST:
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
L'r'l
EXECUTION
.[ L'
od
CityAttorney ryf
Rafael E. Granado, City Clerk
Dote
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THIS PAGE INTENTIONALLY LEFT BLANK
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j'- '',::,'-.-'1:
OFFICE OF THE CIry ATTORNEY
RAUL J. AGUILA, CIry ATTORNEY
COMMISSION MEMORANDUM
To:Mayor Philip Levine
Members of the City Commission
Jimmy Morales, City Manager
cc:
From:
Date:
Subject:
Rafael Granado, City Clerk
Raut J. Asuita,
",* ^*r6f,-q-06
:(-
June7,2017
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 IV, ENTITLED.'USES IN PUBLIC RIGHTS.OF. WAY,'' BY AMENDING
DIVISION 5, ENTITLED "SIDEWALK CAFES,'' BY AMENDING
SUBDIVISION I, ENTITLED ''GENERALLY," BY AMENDING
SECTION 82.366 THEREOF, ENTITLED ''DEFINITIONS," TO
DEFINE THE TERM "SINGLE.USE CARRY OUT PLASTIC
BAG"; BY AMENDING SUBDIVISION ll, ENTITLED "PERMIT,"BY AMENDING SECTION 82.385 THEREOF, ENTITLED..MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR
OPERATION OF SIDEWALK CAFES" TO PROVIDE
PROVISIONS RELATING TO SINGLE.USE CARRY OUT
PLASTIC BAGS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
l. lntroduction
Pursuant to the request of Commissioner Michael Grieco, the above-referenced Ordinance has
been placed on the June 7, 2017 Cily Commission meeting agenda for First Reading. The
Ordinance amends Chapter 82 of the City Code to define "single-use carry out plastic bags" and
to provide that, at sidewalk cafes, single-use carry out plastic bags shall not be allowed on the
right-of-way and shall not be provided to sidewalk cafe patrons. The provisions in the Ordinance
would only become effective as explained in Section lV of this Memorandum.
!!. Section 403.7033, Florida Statutes
ln 2008, the Florida Legislature adopted a bill creating Section 403.7033, Florida Statutes,
which directed the Florida Department of Environmental Protection ('DEP") to "undertake an
analysis of the need for new or different regulation of auxiliary containers, wrappings, or
disposable plastic bags used by consumers to carry products from retail establishments."
("Plastic Bag Statute"). The Statute required DEP to submit a report with conclusions and
recommendations to the Legislature no later than February 1,2010. Lastly, the Statute states
Aoenda rtem Rt AH- D"t" -0J71--
5
that, "[u]ntil such time that the Legislature adopts the recommendations of the department, no
local government, local governmental agency, or state government agency may enact any rule,
regulation, or ordinance regarding use, disposition, sale, prohibition, restriction, or tax of such
auxiliary containers, wrappings, or disposable plastic bags."
Consistent with its statutory mandate, DEP issued such a report on February 1,2010. However,
the recommendations set forth in the report were never adopted by the Legislature. Accordingly,
the preemptive clause in Section 403.7033 remains in effect.
!!1. Florida Retait Federation, lnc. andSuper Progreso lnc. v. City of Coral Gables
(Fla. 1lth Jud. Cir. Gase No. 2016-18370-GA-01)
On July 18, 2016, Plaintiffs Florida Retail Federation, lnc. and Super Progreso lnc. filed a
complaint in the Miami-Dade County Circuit Court against the City of Coral Gables, challenging
the Coral Gables Polystyrene Ordlnance, and seeking a declaratory judgment and injunctive
relief.l The Plaintiffs argued that the Polystyrene Ordinance not only violated State statutory
provisions regarding polystyrene regulations, but also violated several other Florida Statutes,
including Section 403.7033, which addresses disposable plastic bags. On September 28, 2016,
the Court granted the State of Florida's motion to intervene in the litigation.
After reviewing the parties' cross-motions for summary judgment, the Circuit Court entered an
order granting the City of Coral Gables's motion for summary judgment, which order upheld the
Coral Gables Polystyrene Ordinance. The Court reasoned, among other things, that the Plastic
Bag Statute set forth in Section 403.7033, Florida Statutes, "lack[s] the necessary standards
and guidelines for implementation, rendering [it] unconstitutionally vague . . . .' The Plaintiffs
and the State of Florida, as an intervenor, have appealed the Circuit Court ruling to the Third
District Court of Appeal (Case No. 3D17-562), where that appeal is currently pending.
lV. Contingent effective date
Given that the Circuit Court's order regarding the unconstitutionality of the Plastic Bag Statute
set forth in Section 403.7033, Florida Statutes, is currently subject to appeal, the Ordinance has
been carefully drafted so that it would only take effect upon the issuance of a final mandate by
the Third District Court of Appeal or the Florida Supreme Court which upholds the
unconstitutionality of Section 403.7033, Florida Statutes.
The City may condition the effectiveness of legislation on the outcome of the Coral Gables
litigation. "Legislation, the effectiveness of which is conditioned upon the happening of a
contingency, has generally been upheld." Helmsley v. Borough of Ft. Lee,394 A.2d 65, 82 (N.J.
1978) (upholding an ordinance contingent on the final outcome of litigation, including appeals)
(citing City of Miami Beach v. Lansburgh, 218 So. 2d 519 (Fla. 3d DCA 1969), reh'g denied,226
So. 2d 821 (Fla.1969) (municipal ordinance to take effect upon passage of bill pending in state
legislature)); see also Gaulden v. Kirk,47 So. 2d 567,575 (Fla. 1950) ("ln the absence of
constitutional or statutory provisions to the contrary, statutes may become effective on the
happening of certain conditions or contingencies specified in the act, or implied therefrom.").
lf, following all appeals in the Coral Gables litigation, the Circuit Court is reversed and Section
403.7033, Florida Statutes, is found to be constitutional, rather than unconstitutional, then the
Office of the City Attorney will prepare a second Ordinance repealing the attached Ordinance.
1 On February 9,2016, the Cityof CoralGables adopted Ordinance No.2016-08, prohibiting the sale and
use of expanded polystyrene by City vendors and contractors, special event permittees, food service
providers, and stores (the "Polystyrene Ordinance").
6
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY GOMMISSION 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 IV, ENTITLED
"USES IN PUBLIC RIGHTS.OF. WAY," BY AMENDING
DIVISION 5, ENTITLED "SIDEWALK CAFES,'' BY AMENDING
SUBDIVISION I, ENTITLED ''GENERALLY,'' BY AMENDING
SECTION 82-366 THEREOF, ENTITLED "DEFINITIONS," TO
DEFINE THE TERM "SINGLE.USE CARRY OUT PLASTIC
BAG"; BY AMENDING SUBDIVISION ll, ENTITLED "PERMIT,"BY AMENDING SECTION 82.385 THEREOF, ENTITLED..MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR
OPERATION OF SIDEWALK CAFES" TO PROVIDE
PROVISIONS RELATING TO SINGLE.USE CARRY OUT
PLASTIC BAGS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("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, the City is comprised of a number of islands with approximately 70
miles of shoreline along numerous canals and watenruays, the Atlantic Ocean, and the
Biscayne Bay Aquatic Preserve, all of which support a wide variety of flora and fauna;
and
WHEREAS, the waters surrounding the City support threatened and endangered
species such as the West lndian manatee and Johnson's seagrass; and
WHEREAS, the City's beaches are a designated nesting habitat for the protected
loggerhead, green, and leatherback sea turtles, and support shorebird species,
including royal terns and seagulls; and
WHEREAS, single-use carry out plastic bags are neither readily recyclable
nor biodegradable and takes hundreds to thousands of years to degrade in the
environment; and
WHEREAS, the distribution of single-use carry out plastic bags by businesses to
consumers and patrons for use in carrying purchased goods has a detrimental effect on
the environment of the City, County and State; and
WHEREAS, discarded single-use carry out plastic bags contribute to
overburdened landfills, threaten wildlife and marine life, and degrade and litter drainage
7
and sewage systems, as well as the beaches and waters off the Florida coast, which
include areas within the City; and
WHEREAS, single-use carry out plastic bags are photo-biodegradable and break
down into smaller pieces which can make their way into the food chain via such animals
as jellyfish and endangered sea turtles; and
WHEREAS, plastic bags constitute a portion of the litter in the City's streets,
parks, public places, stormwater management system, and watenrays; and
WHEREAS, as an environmental leader among local governments in the State of
Florida, the goal of the City is to replace single-use carry out plastic bags with reusable,
recyclable, or compostable alternatives whenever possible; and
WHEREAS, the City Commission finds that this Ordinance is necessary for the
preservation of the City's environment and the public health, safety and welfare of City
residents and visitors and future generations; and
WHEREAS, in Florida Retail Federation. lnc. and Super Proqreso lnc. v. The
City of Coral Gables, in the Circuit Court of the Eleventh Judicial Circuit for Miami-Dade
County, Florida (Case No. 2016-018370-CA-01), the Court held that Sections
403.708(9) and 403.7033 of the Florida Statutes, relating to plastic bags and packaging,
are unconstitutional.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CIry OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Division 5 of Article IV of Chapter 82 of the Code of the City Miami
Beach is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE lV. Uses inPublic Rights-of-Way
DIVISION 5. Sidewalk Cafes
Subdivision l. Generally
8
Sec. 82-366. Definitions.
srne .e carry out "fic laq r;ans ] oaq provioeo ov a sioewatr cate
permitee to a sidewalk caf6 patron, for the purpose of transportinq purchases or qoods,
includino but not limited to food and beverases, which is made predominantly of plastic
derived from petroleum or a bioloqicallv-based source. A sinqle-use carry out plastic
baq does not include a compostable carrv out baq that (1) conforms to current ASTM
D6400 standards: (2) is certified and labeled as meetins ASTM D6400 standard
specifications bv a recognized verification entity: and (3) must be capable of underqoinq
bioloqical decomposition in a compost site such that the material breaks down into
carbon dioxide. water, inorqanic compounds, and biomass at a rate consistent with
known compostable materials.
sruairt:- ,, P"rrit
Sec.82-385. Minimum standards, criteria, and conditions for operation ofsidewalkcafes. * * *
(7) Sinqle-use carrv out plastic baqs shall not be allowed on the riqht-of-wav
and shall not be provided to sidewalk caf6 patrons. The provisions in this
subsection (z), and the definition of sinqle-use carry out plastic baq in
Section 82-366, shall only take effect upon the issuance of a final mandate
from the Third District Court of Appeal or, if appealed to the Florida
Supreme Court, the issuance of a final mandate from the Florida Supreme
Court, reqardinq the opinion rendered in Florida Retail Fed
Suoer Progreso, lnc Court of
the Eleventh Judicial Circuit for Miami-Dade County, Florida (Case No.
2016-01 8370-CA-01). which final mandate upholds the unconstitutionalitv
of Section 403.7033 of the Florida Statutes.
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.
3
9
SECTION 4. CODIFICATION.
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 part of the Code of the City of Miami Beach, Florida. The sections of this
Ordinance may be renumbered or relettered to accomplish such intention, and the word
"ordinance" may be changed to "section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the day of ,2017.
PASSED AND ADOPTED this _ day of ,2017.
ATTEST:Philip Levine, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
S+i*e+nreugh denotes deletions
APPROVED AS TO
FORM & IANGUAGE
(_--\ A FqR DfEcuTloN&'W
CilV AttoneV d' Dote
4
F:\ATTO\TURN\ORDINANCE\s|ngle use plastic bags June 2017.docx
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Agenda ttem R1I
Date 6-1-t1
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE FINANCE AND CITYWIDE PROJECTS COMMITTEE, AND
APPROVING A SPONSORSHIP TO PRO FOOTVOLLEY TOUR, LLC, IN
AN AMOUNT NOT TO EXCEED $1O,OOO.OO, FOR THE 2017 SOUTH
BEACH FOOTVOLLEY OPEN, TO BE HELD IN LUMMUS PARK, FROM
JULY 27, 2017 THROUGH JULY 30, 2017, SUBJECT TO FUNDING
APPROVAL IN THE FY 2016120{7 OPERATING BUDGET.
WHEREAS, footvolley is a growing international sport, created in Brazil, combining soccer
and beach volleyball; and
WHEREAS, Pro Footvolley Tour, LLC, a Florida for-profit limited liability company ("Pro
Footvolley"), will host the 2017 South Beach Footvolley Open (the "Event") in Lummus Park, from
July 27,2017 through July 30,2017, to coincide with the El Classico soccer match at Hard Rock
Stadium, in order to capitalize upon its media attention; and
WHEREAS, Pro Footvolley is requesting a waiver of relevant special event application,
permit, square footage and Lummus Park user fees, estimated by to be under $5000, and to be
determined once it submits related event permit requirements; and
WHEREAS, the City Manager is authorized to waive special event application, permit and
vehicle access pass fees for not-for-profit applicants seeking such waivers, and the City
Commission can waive additional event special event fees, including square footage fee, user fee
and police and fire administrative fees; and
WHEREAS, Pro Footvolley has secured a broadcast partner to televise the activity taking
place in Miami Beach, providing potentialtourism benefit; and
WHEREAS, Pro Footvolley is requesting that the City provide a $10,000 sponsorship to the
Event, to assist with Event Police and Fire staffing and Event costs that cannot be waived by the
City Manager, because this is a for-profit applicant; and
WHEREAS, on May 19,2017, the Administration submitted Pro Footvolley's request to the
Finance and Citywide Projects Committee ("FCWPC") for consideration and the FCWPC
recommended in favor of the Event.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept
the recommendation of the Finance and Citywide Projects Committee, approving a sponsorship to
Pro Footvolley Tour, LLC, in an amount not to exceed $10,000.00, for the 2017 South Beach
Footvolley Open, to be held in Lummus Park, from July 27 ,2017 through July 30,2017, subject to
funding approval in the FY 201612017 Operating Budget.
11
PASSED and ADOPTED this, the
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
MAYOR PHILIP LEVINE
-day
of 2017.
APPROVED AS TO
FORM & LANGUAGE
[- c- z'r'l
City Atlorney Dole
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