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 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. An 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 month of July. An ever increasing amount of trash and litter is being deposited and collected from our beaches each year.

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. All, 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 common 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 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 recommended 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 F&B 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 time 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 anxious 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 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 amended. 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.