Special City Council Meeting

City of Miami Gardens Special City Council Meeting Agenda December 30, 2020 at 10:00 AM City Council: Staff: Mayor Rodney Harris City Manager Cameron Benson Vice Mayor Reggie Leon City Attorney Sonja K. Dickens, Esq. Councilwoman Shannon Campbell City Clerk Mario Bataille, CMC Councilwoman Shannan Ighodaro Councilwoman Linda Julien Contact: Councilman Robert Stephens, III Council Chambers Councilwoman Katrina Wilson 18605 NW 27th Avenue Miami Gardens, Florida 33056 Phone: (305) 914-9010 Fax: (305) 914-9033 Website: www.miamigardens-fl.gov Livestream: https://miamigardens.civicweb.net/Portal/Video.aspx Next Regular Meeting Date: January 13, 2020 **Special Notice to the Public** The City Council meeting will be streamed live on the City's website via the Agenda Web Portal at https://miamigardens.civicweb.net/Portal/Video.aspx and YouTube Live as the City Council Chambers will be closed to the public but an exemption will be made for the allowance of one individual at a time to enter Council Chambers in order to address the City Council during the Open Public Comment portion of the City Council meeting, on a particular item, or during a quasi-judicial public hearing. Zoom will be available as an additional means for public participation. Any member of the public who wishes to provide public comment must pre-registering with the City Clerk at least one hour prior to the meeting by emailing lbositc@miamigardens-fl.gov City of Miami Gardens Resolution No. 2020-136-3533 established procedures for meetings of the City Council while the City remains under a declared State of Emergency due to the Coronavirus/COVID-19 pandemic and are consistent with social distancing recommendations intended to protect the life and safety of individuals in the community. City Hall remains closed to the public but exception will be made for the allowance of one individual at a time to enter Council Chambers in order to address the City Council during the Open Public Comment portion of the City Council meeting, on a particular item, or during a quasi-judicial public hearing. The only individuals that will be present physically at all time during these City Council Meetings are the Mayor, City Council, Charter Officers, Deputy City Manager, Deputy City Clerk, Assistant City Attorney, and a I.T. support staff members. Article VII of the Miami Gardens Code entitled, “Lobbyist” requires that all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay a one-time annual Page 1 of 13 fee of $250.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence “City” action. “City” action is broadly described to include the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. All not-for-profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required. Page 1. CALL TO ORDER/ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS Any member of the public who wishes to provide public comment in person must pre-registering with the City Clerk at least one hour prior to the meeting by emailing lbostic@miamigardens-fl.gov. 5. ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) 5.1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI 3 - 13 GARDENS, FLORIDA, DESIGNATING A PORTION OF THE CITY OF MIAMI GARDENS AS A “CLEAN ZONE”; PROVIDING FOR THE SAFE AND ORDERLY USE OF CITY STREETS AND SIDEWALKS BY SIDEWALK VENDORS, PEDDLERS, STREET TICKET SELLERS, AND PEDESTRIANS DURING THE 2021 COLLEGE FOOTBALL PLAYOFF NATIONAL CHAMPIONSHIP GAME IN THE CLEAN ZONE; ESTABLISHING TERMS AND CONDITIONS FOR THE 2021 COLLEGE FOOTBALL PLAYOFF NATIONAL CHAMPIONSHIP GAME; REGULATING COMMERCIAL ACTIVITIES DURING THE 2021 COLLEGE FOOTBALL PLAYOFF NATIONAL CHAMPIONSHIP GAME COMMENCING DURING THE CLEAN ZONE PERIOD; PROHIBITING THE SALE, OFFER FOR SALE, OR DISTRIBUTION OF COUNTERFEIT GOODS, WARES, AND MERCHANDISE OF THE COLLEGE FOOTBALL PLAYOFF NATIONAL CHAMPIONSHIP GAME IN THE CLEAN ZONE DURING THE CLEAN ZONE PERIOD; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Sponsored by: Mayor Rodney Harris Agenda Cover Memo #20-248 - Pdf 6. ADJOURNMENT Page 2 of 13 Agenda Item #5.1 City of Miami Gardens Agenda Cover Memo 20-248 Meeting: Special City Council Meeting - Dec 30 2020 Department Sponsored By Code Enforcement Mayor Rodney Harris Agenda Item Title AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DESIGNATING A PORTION OF THE CITY OF MIAMI GARDENS AS A “CLEAN ZONE”; PROVIDING FOR THE SAFE AND ORDERLY USE OF CITY STREETS AND SIDEWALKS BY SIDEWALK VENDORS, PEDDLERS, STREET TICKET SELLERS, AND PEDESTRIANS DURING THE 2021 COLLEGE FOOTBALL PLAYOFF NATIONAL CHAMPIONSHIP GAME IN THE CLEAN ZONE; ESTABLISHING TERMS AND CONDITIONS FOR THE 2021 COLLEGE FOOTBALL PLAYOFF NATIONAL CHAMPIONSHIP GAME; REGULATING COMMERCIAL ACTIVITIES DURING THE 2021 COLLEGE FOOTBALL PLAYOFF NATIONAL CHAMPIONSHIP GAME COMMENCING DURING THE CLEAN ZONE PERIOD; PROHIBITING THE SALE, OFFER FOR SALE, OR DISTRIBUTION OF COUNTERFEIT GOODS, WARES, AND MERCHANDISE OF THE COLLEGE FOOTBALL PLAYOFF NATIONAL CHAMPIONSHIP GAME IN THE CLEAN ZONE DURING THE CLEAN ZONE PERIOD; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff Summary The 2021 College Football Playoff National Championship Game will be played at Hard Rock Stadium in Miami Gardens on Monday, January 11, 2021. Due to the type of event it is anticipated the sale or distribution of merchandise, goods, or wares will exacerbate the congestion in the public right-of-ways and potentially lead to public safety hazards. Therefore, it is recommended to regulate the area which will be the focus of these activities to preserve the public health, safety and welfare of all residents, visitors, and participants. This will be accomplished by creating a "Clean Zone". A "Clean Zone" will establish the terms and conditions for the safe and orderly use of City streets and sidewalks by vendors, peddlers, and street ticket sellers in the "Zone". Regulations prohibit the sale, offer for sale, or distribution of counterfeit, infringing or otherwise illegal merchandise bearing the trademarks, service marks, copyright, rights or other intellectual property rights of the National Collegiate Athletic Association (NCAA), the College Football Playoff (CFP), the Capital One Orange Bowl, the South Florida Host Committee, and respective collegiate teams invited to play. This Clean Zone Ordinance will be effective commencing at 12:01 A.M. on Page 3 of 13 Agenda Item #5.1 Sunday, December 27, 2020, and ending at 11:59 P.M. on Tuesday, January 12, 2021. Fiscal Impact No fiscal impact. Recommended Action It is recommended that the City Council approve the attached ordinance, designating a portion of the City of Miami Gardens as a "Clean Zone", commencing at 12:01 A.M. on Sunday, December 27, 2020, and ending at 11:59 P.M. on Tuesday, January 12, 2021. Attachments ORDINANCE 2020 - Clean Zone NCAA Page 4 of 13 Agenda Item #5.1 ORDINANCE NO. 2020_____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DESIGNATING A PORTION OF THE CITY OF MIAMI GARDENS AS A “CLEAN ZONE”; PROVIDING FOR THE SAFE AND ORDERLY USE OF CITY STREETS AND SIDEWALKS BY SIDEWALK VENDORS, PEDDLERS, STREET TICKET SELLERS, AND PEDESTRIANS DURING THE 2021 COLLEGE FOOTBALL PLAYOFF NATIONAL CHAMPIONSHIP GAME IN THE CLEAN ZONE; ESTABLISHING TERMS AND CONDITIONS FOR THE 2021 COLLEGE FOOTBALL PLAYOFF NATIONAL CHAMPIONSHIP GAME; REGULATING COMMERCIAL ACTIVITIES DURING THE 2021 COLLEGE FOOTBALL PLAYOFF NATIONAL CHAMPIONSHIP GAME COMMENCING DURING THE CLEAN ZONE PERIOD; PROHIBITING THE SALE, OFFER FOR SALE, OR DISTRIBUTION OF COUNTERFEIT GOODS, WARES, AND MERCHANDISE OF THE COLLEGE FOOTBALL PLAYOFF NATIONAL CHAMPIONSHIP GAME IN THE CLEAN ZONE DURING THE CLEAN ZONE PERIOD; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Miami Gardens will host the 2021 College Football Playoff National Championship Game and activities (“Events”); and WHEREAS, these Events will attract many visitors to the City and expose the City to television viewers internationally, and WHEREAS, these Events will have a positive economic impact on the City and encourage other events to come to the City, and WHEREAS, during the 2021 College Football Playoff National Championship Game events, the anticipated number of people in and around Hard Rock Stadium area will drastically exceed the typical number of people in the area, and Added language is underlined. Deleted language is stricken through. 1 Page 5 of 13 Agenda Item #5.1 WHEREAS, the sale or distribution of merchandise, goods, or wares will exacerbate the congestion in the public right-of-way and potentially lead to public safety hazards, and, WHEREAS, it is in the best interest of the City and its residents to regulate the area which will be the focus of these activities to preserve the public health, safety and welfare of all citizens, visitors and participants, and WHEREAS, the City of Miami Gardens Council desires for this ordinance to be effective only within the Clean Zone during the Clean Zone Period, and WHEREAS, the City of Miami Gardens Council desires to establish the terms and conditions for the safe and orderly use of City streets and sidewalk by vendors, peddlers, and street ticket sellers in the Clean Zone to ensure the safety of the City’s residents and compliance with the City’s Codes and Ordinances, and WHEREAS, the City of Miami Gardens Council desires to establish regulation prohibiting the sale, offer for sale, or distribution of counterfeit, infringing or otherwise illegal merchandise bearing the trademarks, service marks, copyright, rights or other intellectual property rights of the College Football Playoff National Championship Game within the Clean Zone, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Added language is underlined. Deleted language is stricken through. 2 Page 6 of 13 Agenda Item #5.1 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. AMENDMENT: Chapter 6, Article V, Section 6-195 of the Code of Ordinances is hereby amended as follows: Sec. 6-195. - Selling, serving, vending, soliciting in public rights-of-way generally. (a) In accordance with F.S. § 316.2045, it shall be unlawful for any person or entity: (1) To obstruct the free, convenient, and normal use of any street, highway, or road in the city by impeding, hindering, stifling, retarding, or restraining traffic or passage thereon, by standing or approaching motor vehicles thereon, or by endangering the safe movement of vehicles or pedestrians traveling thereon. (2) Without a lawful permit issued by the city, to willfully obstruct the free, convenient, and normal use of any public street, highway, or road by any of the means specified in subsection (a)(1) of this section in order to solicit. (b) It shall also be unlawful for any person to conduct the business of collecting, displaying or selling merchandise or services from the public rights-of-way within the limits of the city. Specifically prohibited under this section are street vendors and/or sale of food of any kind, flowers, goods, wares, services or merchandise from a vehicle cart, or other apparatus used to transport goods, whether motorized or not, regardless of the number of wheels affixed thereto or on foot. (c) The City of Miami Gardens City Council hereby as establish terms and conditions for the 2021 College Football Playoff National Championship Game within the Clean Zone, as defined in Section 6-195(g) herein, which will provide for the safe and orderly use of City streets and sidewalks by sidewalk vendors in the Clean Zone, commencing at 12:01 AM Sunday, December 27, 2020 and ending on 11:59 PM Tuesday, January 12, 2021 (“the Clean Zone Period”). (d) The City Manager is authorized to take such actions as are necessary and proper to implement the 2021 College Football Playoff National Championship Game activities within the Clean Zone, as defined in Section 6-195(g) herein. Added language is underlined. Deleted language is stricken through. 3 Page 7 of 13 Agenda Item #5.1 (e) The portion of the City within the boundaries is hereby designated as the “Clean Zone.” (f) The geographical boundaries of the Clean Zone shall consist of the area described and bounded as follows: The “clean zone” is designated as NW 32 Avenue on the West, County Line Road on the North, NW 12 Avenue on the East and NW 183 Street on the South. (g) The “Clean Zone” shall encompass all property within the boundaries described in paragraph (f) including the entire right-of-way of the described boundaries and the properties abutting NW 32 Avenue on the West, County Line Road on the North, NW 12 Avenue on the East and NW 183 Street on the South A map showing the geographical boundaries of the Clean Zone is attached and incorporated as Exhibit A. (h) Because of the heavy concentration of pedestrians and to provide for pedestrian health, safety, and general welfare, canvassing (including distribution of flyers and pamphlets) and the distribution of free samples of goods, wares, or merchandise is prohibited in the Clean Zone during the Clean Zone Period. (i) The distribution or provision of commercial handbills, circulars, cards, posters, pamphlets, brochures or booklets, free products, service or coupons (otherwise referred to as sampling) and other promotional giveaways on a public street, sidewalk, public right-of-way, or any other City-owned property within the Clean Zone, unless sanctioned and authorized by the City or the South Florida Host Committee during the Clean Zone Period. (j) Inflatables, cold air balloons, banners, pennants, flags, building wraps, A- frame signs, projected image signs, electronic variable message signs, and light emitting diode signs of any kind of a commercial nature and viewable from public property shall be prohibited in the Clean Zone, unless sanctioned or authorized by the City or by the South Florida Host Committee during the Clean Zone Period. (k) Off-site and mobile advertising (including, but not limited to, signs on or attached to a vehicle, water vehicle, portable device or person) on a public street, sidewalk, public right-of-way, or any other City-owned property within the Clean Zone shall be prohibited, except for promotional displays sanctioned or authorized by the City or by the South Florida Host Committee including, but not limited to, those placed on existing public utility poles, during the Clean Zone Period. Added language is underlined. Deleted language is stricken through. 4 Page 8 of 13 Agenda Item #5.1 (l) The construction, placement, occupation, or use of any temporary structure (including, but not limited to, temporary location of tents, canopies and air- supported, air-inflated, and tensioned membranes) shall be prohibited on a public street, sidewalk, public right-of-way, or any other City-owned property within the Clean Zone, unless sanctioned and authorized by the City or the South Florida Host Committee during the Clean Zone Period. (m) All permits relative to the sale of merchandise and/or the transaction of business shall be suspended on the public streets, sidewalks or right of ways and outside of any enclosed building with the exception of those that are already permitted and licensed for the sale of food and beverages in the Clean Zone. Permittees for food and beverage shall adhere to all requirements of approved permits and licenses and be advised that all sub- leasing will be strictly prohibited. (n) The hosting of any temporary public hospitality event shall be prohibited within the Clean Zone commencing during the Clean Zone Period. (o) No person or entity shall sell, offer for sale or distribute merchandise that is counterfeit, infringing or otherwise illegal, including without limitation, merchandise that bears the trademarks, service marks, copyright, rights or other intellectual property rights of an individual or entity unless such individuals and entities consented to have their rights included on such merchandise, regardless of whether that person is operating a permitted use, special exception use or temporary use. (p) It shall be unlawful for any person or entity to engage in any unauthorized peddling within the Clean Zone. Unauthorized peddling shall mean the sale, offer for sale or other distribution of 2021 College Football Playoff National Championship Game merchandise by persons or entities not affiliated with the South Florida Host Committee or The Teams playing at the event. (q) That, notwithstanding the provisions of Chapter 6, Article V, “Sale of Merchandise” it shall also be unlawful for any person to conduct the business of collecting, displaying or no person may sell or offer for sale on a public street, sidewalk, public right-of-way, or any other City-owned property within the Clean Zone a ticket for admission to any event by the City or South Florida the Host Committee _during the Clean Zone Period. (r) It shall be the duty of all City officers to enforce the provisions of this section. (s) Any person convicted of a violation of this section shall be punished by a fine not to exceed $500.00, or by imprisonment not to exceed 60 days, or both, in the discretion of the county court. Added language is underlined. Deleted language is stricken through. 5 Page 9 of 13 Agenda Item #5.1 Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered or relettered and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage and shall automatically be repealed on Wednesday January 13, 2021. PASSED ON FIRST READING ON THE _____ DAY OF __________, 2020. PASSED AND ADOPTED on second reading this ____ day of _____________, 2021. __________________________ RODNEY HARRIS, MAYOR Added language is underlined. Deleted language is stricken through. 6 Page 10 of 13 Agenda Item #5.1 ATTEST: _________________________________ MARIO BATAILLE, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: MAYOR RODNEY HARRIS Moved by: __________________ Second by: _________________ VOTE: _________ Mayor Rodney Harris (Yes) (No) Vice Mayor Reggie Leon (Yes) (No) Councilwoman Shannan Ighodaro (Yes) (No) Councilwoman Shannon Campbell (Yes) (No) Councilwoman Katrina Wilson (Yes) (No) Councilman David Williams Jr. (Yes) (No) Councilman Robert Stephens (Yes) (No) Added language is underlined. Deleted language is stricken through. 7 Page 11 of 13 Agenda Item #5.1 Exhibit A Added language is underlined. Deleted language is stricken through. 8 Page 12 of 13 Agenda Item #5.1 2020 – 2021 NCAA Clean Zone Added language is underlined. Deleted language is stricken through. 9 Page 13 of 13