Item Coversheet

Committee Assignments - C4  F




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:October  18, 2017
 



SUBJECT:REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO CONSIDER REVISING THE “SPECIAL EVENTS REQUIREMENTS AND GUIDELINES,” BY AMENDING THE FOLLOWING SECTIONS:  “MINIMUM REQUIREMENTS,” “EXTERNAL REVIEW PROCEDURE,” “BOOKING POLICY,” “USE OF PUBLIC PROPERTY,” “SPECIAL EVENT FEE SCHEDULE, AND “SPECIAL EVENT CLASS MATRIX,” HEREBY PERMITTING AND RESTRICTING FURTHER USES ON PUBLIC PROPERTY AND RECONCILING SPECIAL EVENT FEES TO MATCH RECENT INCREASES ASSOCIATED WITH OTHER PUBLIC RENTAL USES. 

RECOMMENDATION

The Administration recommends referring the item.

ANALYSIS

A City of Miami Beach Permit is required for special events, defined as temporary uses on public or private property that would not be permitted generally or without restriction throughout a particular zoning district, but would be permitted if controlled with special review. Applications are processed on a “first come, first serve” basis unless otherwise provided for under the booking policy; or if restricted during High Impact periods. Applicants must generally provide 60 days advance notice for public use and 30 days advance notice for private use. The special event process is a review and approval process in which all aspects of an event are coordinated through internal, community, and permitting reviews. 

 

In 1988, the City Commission approved a set of requirements for any applicant who wishes to hold a special event in the City of Miami Beach. The Special Events Requirements and Guidelines (“Special Event Guidelines”) were designed to help guide applicants through the process of applying for a Special Events Permit, while ensuring minimal disruption to the impacted, surrounding environment. In 1995, via Resolution No. 95-21684, several revisions to the guidelines were adopted, but the procedures set forth did not adequately address a variety of issues associated with the production of special events. In 1998, via Resolution No. 98-23003, the guidelines were amended to incorporate direction received from neighborhood associations, property owners and citizen groups.  Subsequently, in 2001, Ordinance No. 2001-3302 and the corresponding Resolution No. 2001-24341 were adopted by the City Commission, which codified the Special Event permit process and adopted separate guidelines  with procedures, requirements, and criteria for the issuance of permits for special events in Miami Beach. In July 2005, additional amendments were made to the City Code and to the Special Events Guidelines relating to the definition of a special event, consecutive day clause, permit application deadlines, neighborhood review and fines associated with the special event permit.  In 2008, via Resolution 2008-26908, additional amendments to the Special Event Guidelines were made pursuant to direction from the Finance and Citywide Projects Committee, in regards to additional revenue for the City, via the addition of Temporary Sampling Permits. In 2012, via Resolution 2012-3783, the Enforcement provisions of Special Event permitting were strengthened and a detailed fine structure implemented; and via Resolution 2012-28042, numerous Special Event guideline revisions were approved, to clarify the process and restrict public uses during high impact periods.

 

In anticipation of the completion and renovation of the Miami Beach Convention Center and the new Convention Center park space, the Administration recognized a need and opportunity to evaluate and update components of the special event process for all public spaces.  In this evaluation, it was determined that the general rental structure of special event permits, defined primarily by a single square footage fee of $.25 per square foot for the entire event duration, was not up to date with the City’s consumer price index and relevant value increases in other rentals of public space, such as parking meter and right of way permit uses; nor was this rate on par with relevant rental rates for similar public facilities throughout the community, including Bayfront Park. In addition, placing restrictions on the duration of event length helps achieve a key outcome of reducing the privatization of public beach and park spaces, making them more available to public use. To that end, the following recommendations are proposed:

 

·        Designating specific areas customary for public special event permits that the City can effectively manage through the special event process.

·        Limiting the maximum number of annual allowed event days per designated public space, inclusive of load in, event days, and load out.

. Limiting the maximum number of days that specific public spaces can be used for events.

·        Consideration of a "grandfathered" arrangement with existing annual events to be able to continue to produce in their same venues beyond maximum annual day allotments per designated area.

·        Changing the rental/ square footage fee to a per square foot per day fee (plus applicable sales tax)  to adjust revenue to meet the consumer price index and the increased values of public space rentals through the City, as well as a means to incentivize the reduction of privatized event use time on public property. This will also serve as a benefit to shorter and smaller event uses in the City, reducing their overall costs.

·        Developing a three-year phase in plan for this new rental fee in the event that it impacts existing annual events with a price increase, with a proposed 25% increase in year 1, 50% increase in year 2 and 100% increase in year 3, following adoption of such changes.

·        Requiring the event to provide sufficient re-sodding, sand sifting, or street sweeping post event to satisfactorily return the space to for public enjoyment, to potentially have this replace the current parks user fee.

·        Increasing the security deposit amounts based on the anticipations of re-sodding, sand sifting or street sweeping needs, to vary based on the event designated area.

·        Developing criteria for privately attended/ corporate events that occur on public property, typically in a supplement to hotel banquet uses, which would include these changes above a specific threshold.

·        Implementing a more effective method of communicating potential event impacts to affected residents and business, following a model used by the Planning Department, that assesses a fee to the special event applicant to enable the Administration to mail all addresses within 375 feet of the proposed event no less than 30 days prior to any review meeting that will discuss the proposed event impacts to that neighborhood

 

It should be noted that special event applicants are also expected to pay fees beyond the proposed rental fee, inclusive of application and permit fees, authorized vehicle access fees, building department permits, City staffing resources (Police, Fire, Parking, Sanitation, etc.) and concessionaire displacement, where defined by contract. It also would greatly increase the waiver values of not-for-profit requests or those derived by City contract. 

CONCLUSION

The Administration recommends referring the item.

KEY INTENDED OUTCOMES SUPPORTED
Improve Alliance With Key Business Sectors, Namely Hospitality, Arts, & International Business With A Focus On Enhanced Culture, Entertainment, & Tourism

Legislative Tracking
Tourism, Culture, and Economic Development