LTC 110-2004 Update on Issues raised at the March 22, 2004 Mayor on the Move meeting in South Beach
CITY OF MIAMI BEACH
Office of the City Manager
Letter to Commission No. 110-2004
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To:
Date: May 10, 2004
Mayor David Dermer and
Members of the City Commission
From: Jorge M. Gonzalez
City Manager
Subject: UPDATE ON ISS ES RAISED AT THE MARCH 22, 2004 MAYOR ON THE
MOVE MEETING IN SOUTH BEACH
The purpose of this Letter to the Commission is to provide an update regarding steps the
Administration has taken to address specific issues that were raised at the March 22, 2004
Mayor on the Move meeting held for residents of the South Beach area.
These initiatives are in addition to the efforts we have been working on to deal with
improving the quality of life for all residents of Miami Beach. All City Departments, in
particular Police, Public Works, and Neighborhood Services, continue to focus their
resources on strictly enforcing laws and ordinances intended to preserve the quality of life
expected by residents and visitors.
Police
The Police Department has undertaken a number of educational and enforcement
initiatives in the South Beach area to address specific issues raised at the March 22 Mayor
on the Move meeting, including:
Assigned additional officers to monitor the distribution of flyers/hand-outs in
the entertainment district;
Police staff met with representatives of the following nightclubs to personally
explain the noise ordinance: Pen rods, Joia Restaurant, Nemo Restaurant,
Prime 112 Restaurant, Big Pink Restaurant, and Opium Gardens;
Met with the Parking Department to review valet operations and to add
additional cab stands throughout the area;
Assigned ten (10) officers to attend "code enforcement" training;
Working on a plan to address traffic congestion that will incorporate the use
of variable message signs (VMS) and other options;
Working with the City Attorney's Office to expand the number of ordinances
that Police can write a civil citation for. These include: drinking in public;
noise violations, littering, pooper scooper, unleashed dogs, and consumption
of alcohol by minors;
Opening the RDA Police Substation (office) within the next 30-60 days on 2nd
and Collins Avenue (next to Opium Gardens);
The community policing initiative is underway, with the staffing of the 15
additional RDA police officers expected to be filled by June 30,2004.
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. Several steps have been taken by the Off-Duty Office during the past 45
days pertaining to off duty employment at nightclubs, including the following:
o Memo was distributed to all nightclub job coordinators detailing the
section of the operating procedures which lists the duties and
responsibilities of off duty officers working nightclubs, as well as
coordinator responsibilities;.
o The Off-Duty Office is currently updating the duties and
responsibilities for all permanent off duty job files;
o A presentation was made to the Nightlife Industry Task Force (NITE)
about alcoholic beverages needing to remain within club premises;
o The Off-Duty Office supervisors have conducted bi-weekly nightclub
checks to ensure compliance of all ordinances and regulations.
Code Compliance
The Code Compliance Division has restructured and refocused their activities to enhance
their response to quality of life concerns, including:
. Added night time enforcement staff on Monday, Tuesday and
Wednesday from 10:00 p.m. to 3:00 a.m. to provide coverage previously
not available;
. Initiated more proactive quality of life enforcement efforts that have
resulted in; 54 noise citations, 39 sidewalk cleanliness citations, 39
general sanitation citations, 9 under 21 drinking violations and 64
property maintenance citations for items such as graffiti, and unsightly
property exteriors;
. Developed an ordinance to define habitual conduct for purposes of
occupational license suspension and revocation hearings, which will allow
this enforcement tool to be used once again;
. Will complete in the next 30 days a significant backlog of case processing
so that citations are more expeditiously addressed;
. The City has recently determined to close 11 special master,cases with
Opium dating back more than a year. The manner in which the original
citations were issued made continued prosecution unproductive through
the special master. The action should enable other litigation brought by
Opium and pending in State Court to be resolved. The Federal Court
case challenging the constitutionality of the noise ordinance is
proceeding. The City is referring to Special Master a recent noise
violation from Opium for adjudication. In addition, a hearing to determine
if Opium's occupational license should be suspended for repeat Fire
violations is being scheduled with the City's designee, Judge Robert
Newman.
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Public Works/Sanitation
In the area south of 5th Street, the Public Works Department and Sanitation Division have:
. Increased from one time per week to six times per week litter control on
streets and sidewalks and have included swales and medians;
. Added litter cans to needed areas;
. Modified the Right of Way permits issued to contractors to include a
requirement that the contractor provide litter control around the
construction site;
. Initiated better coordination with Code Compliance to control and respond
to litter and debris in alleys;
. Made provisions to add a pressure cleaning crew to enhance this service;
. Created new cross walk areas and repainted many stop bars to enhance
pedestrian safety.
Parking
The Parking Department initiated and is operating a twelve (12) metered parking lot on a
City parcel located at 78 Washington Avenue in a continuing effort to increase parking
inventory to the area. In addition, two illegal parking lot operations were shut down at 100
Ocean Drive and 120 Ocean Drive within the last thirty (30) days.
Special Events
As we have in the past, special events permits have been issued on a very limited basis,
and only after receiving neighborhood input and a favorable recommendation from the
affected residents. Any special event permits issued take into account the residents of the
affected area(s) and tries to ensure that the event will have no adverse impact to the
residents or the neighborhoods.
Planning and Zoning Ordinances
An ordinance eliminating dance halls and entertainment establishments in certain districts
(South Pointe and Sunset Harbour areas) was adopted at the May 5, 2004 City
Commission meeting with a referral to the Planning Board.
In order to prepare for the Planning Board meeting, staff has been gathering data and
surveying other cities to see what their hours of liquor sales are and other license
procedures. Additionally, staff has already met with area residents and industry
representatives, including Frank Del Vechio, Morris Sunshine, Gary Knight, Charlie Hines,
David Wallack, and Stuart Blumberg, to further discuss issues of mutual concern and
together improving the situation.
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Conclusion
I myself have met with numerous residents and representatives from the nightclubs and
hotels to ensure that we address all issues that affect the quality of life for our residents
and visitors. I am working with staff to ensure that the Administration continues to
aggressively target conditions which directly affect many of the City's residents and visitors
and will continue to refine internal processes, redirect resources and develop feedback
systems to evaluate ongoing operations and their capability to make a positive impact on
all quality of life issues.
If you have any questions or need any additional information, please feel free to contact
me.
JMG\ri
c: Executive Staff
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