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LTC 046-2017 Ocean Drive 10 Point Plan UpdateMIAMI BEACH 2011 JA 14: 140 OFFICE OF THE CITY MANAGER NO. LTC# 046-2017 LETTER TO COMMISSION TO: Mayor Philip Levine and Members of he City Co j ission FROM: Jimmy L. Morales, City Manager DATE: January 26, 2017 SUBJECT: Ocean Drive 10 Point Plan Upda I am pleased to provide this status update of the implementation of the City Commission approved 10 Point Plan for Ocean Drive. 1. A. Patrolling Public Areas The Commission approved FY 16-17 budget includes funding for 12 new officers dedicated to the entertainment district. Today, the Ocean Drive squad consists of one sergeant and seven officers working from Wednesday through Saturday evenings 8 p.m. until 6 a.m. By mid-February, a second Ocean Drive Squad will be created. This second team will consist of one sergeant and four officers. They will work Saturday through Tuesday evenings, 8 p.m. to 6 a.m. The two squads will overlap on Saturday evenings, providing double coverage. B. Police & Park Rangers Park Rangers have been relocated from other parks into Lummus during peak hours until staffing can be completed in mid-February. At that time, there will be two dedicated Park Rangers in Lummus Park and when necessary a third will be added. C. Open Containers Police and Code Compliance continue to cooperate and enforce the open container laws. Since approval of the plan undercover operations have taken place resulting in 17 violations. D. Security to Patrol Private Property Requiring private property to hire private security will require an amendment, to the Sidewalk Cafe Ordinance Chapter 82, to require sidewalk cafe permittees to hire private security. If we do so, staff will need to create specific standards (e.g., 1 security guard per X number of sidewalk cafe seats). E. Sanitation Public Works has dedicated 75 employees to the entertainment district. Mobile sweepers and Pressure cleaners operate between the hours of 5:00 am to 1:30 pm, seven days a week. Mechanical litter control (ALTV) operates in the entertainment district and tourist areas between the hours of 6:30 am to 10:00 am, seven days a week. All other areas are serviced between the hours of 6:30 am to 3:00 pm, seven days a week. In addition the commercial entertainment districts are serviced from 3:00 pm to 11:30 pm, five days and nights a week. Residents and business owners are encouraged to call the Sanitation division for up to date information on street sweeping schedules. F. Alley Lighting The Public Works alley lighting project is complete with the conversion of 35 fixtures to LED lighting. Additionally, side streets from 5th to 15th streets from Ocean Drive to Collins Avenue have been converted. Some operators are suggesting more lighting on private property and this matter is still under review. 2. Business Improvement District The operators have been in discussion and the City stands ready to facilitate and process when ready. 3. Umbrellas, Furniture and Fixtures The City Commission has approved the Ocean Drive Design Guidelines and has approved four exceptions for: The Palace, Mango's, Voodoo and Starlight. B. Tables & Chairs The "gauntlet" or tunnel effect has been addressed, except for the four exceptions. Except for these four areas, a five-foot pedestrian path is now available on the east side of the sidewalk. Unfortunately, we still receive complaints that restaurant staff continues to engage the visitors in the pedestrian path. C. Trees Thirty trees were successfully relocated to Lummus Park at the beginning of December. The trees were strategically placed in areas that would not clutter the park, or impede safety and/or future programming. Sixty-five tree pits were filled with bonded aggregate and where trees were removed, pits were filled with concrete to match the existing sidewalk. D. Width of Umbrellas & Awnings The widths of the umbrellas have been adjusted for square umbrellas to 9'6" by 9'6" and 12' by 9'6" for rectangular umbrellas in the Design Guidelines. E. Height of Umbrellas & Awnings The new height has been adjusted to a maximum of nine feet and minimum of six feet - nine inches the Design Guidelines. F. Height of the Tables The width of the tables has been adjusted to a 36 -inch maximum height in the design guidelines. G. Securing Umbrellas into the sidewalk City Commission approved an amendment to the Code allowing for securing umbrellas to the sidewalk on January 11, 2017. Operators must turn in engineering drawings with the sidewalk café permit if they choose to bolt. The deadline for applications was January 20, 2017. All new requirements will go into full effect on March 1, 2017. H. Lighting Public Works is working with the Police Department to enhance lighting within Lummus Park. Two lightning fixtures are scheduled to be replaced to assess enhanced lighting levels and determine the continuance of similar replacements. I. Umbrellas Zippers On January 11, 2017 the City Commission approved ordinance changes allowing zippers on up to three umbrellas. J. Roll Down Tarps On January 11, 2017 the City Commission approved ordinance changes allowing roll down tarps. K. Awnings On January 11, 2017 the City Commission approved ordinance changes allowing retractable awnings. L. Street Lighting The Plan calls for uniform lighting on Ocean Drive; this however requires a budget allocation and approval from the State of Florida. This can be discussed further during the next budget cycle. 4. Prohibition on formula restaurants and retail Legislation has been drafted and was referred to the January 24, 2017 Planning Board. This includes prohibition on certain stores, like liquor, tattoo, pawn shops and check cashing stores. The Planning Board recommend in favor, with modifications, to move the item forward to the City Commission. Pursuant to the City Attorney's advice, the prohibition of food displays on private property cannot be accommodated. The requirement that all establishments must list pricing in a conspicuous manner is already in the City Code. This is just a matter of enforcement. As to the hospitality training, the Ocean Drive Association is implementing, with twenty-six Operators having already received training and five more to be scheduled. They have also begun sending secret shoppers out to establish a monthly report for compliance with their Code of Conduct. Finally, adult entertainment is already prohibited in this area. 5. Hawking This is a matter currently in court; therefore no enforcement action is taking place to prohibit until the matter is resolved. 6. Street Vendors Pursuant to the Plan "street vendors and promoters prohibited" calls for banning all from Ocean Drive. However, currently legitimate vendors get permits from the City: Artist/Non-Profit Vendors & Street Performers There are 64 permitted Artist Vendors, 19 permitted Street Performers, and zero permitted Non-Profit Vendors in the City of Miami Beach. The lottery system provides for designated spots to be assigned to each vendor. There are 16 designated spots for artist/non-profit/street performers on Ocean Drive: 11 for Artist Vendors; 3 for Street Performers; and 2 for Non-profit Vendors (none on current list provided). 14 of these spots are located between 5th and 15th Street. Cigar & Flower Vendors There are currently six licensed cigar vendors, which have 35 locations across Ocean Drive. Cigar vendors are permitted to sell in multiple locations but must cover their wares in transport. There are currently 13 licensed flower vendors that have paid for licenses in FY16/17, 9 of which are located on Ocean Drive between 5th and 15th Street. Vendors are not allowed to be mobile and sell on the sidewalk at the same time. They must work within an establishment and/or is sidewalk café footprint. They must also receive permission from the operator. If an operator does not want a vendor on site, they can be asked to move along. Code should be called to log the complaint. Sampling Permits Sampling permits are issued by TCED and are issued on a temporary basis. The permit requires the single permit is valid only for a team of five people or less within the same vicinity (one block) distributing single servings of goods or services with no commercial exchange. The permit requires general liability insurance of no less than $1 Million; a permit fee of $2,000; security deposit of $2,500; and other procedural obligations. According to TCED only about 20-30 are issued each year. On the enforcement side, sampling without a permit can carry a $1,000 fine for first offence. Only three violations have been issued on Ocean Drive for illegal sampling in the past year. Sampling takes place on east side of Ocean Drive. This does not occur often, with only 9 last year, primarily with our partner sponsors, Coca Cola and MB Sunscreen. As to "promoters", our attorneys consider what they do solicitation and therefore, do not fall into the categories above. Promoting is considered "hawking" which we cannot address right now until the court case gives us direction. 7. Music and/or noise coming out of golf carts are being handled as best as possible within the ability of current staff. 8. The prohibition on outside speakers was discussed at the January 18, 2017 LUDC and recommended in favor to be placed on the March 28th Planning Board agenda. 9. The activation of Lummus Park is being handled by TCED on a case by case basis. 10.The sale, possession, and/or use of marijuana is prohibited. I want to thank the many departments working expeditiously in the implementation of this plan in this important and iconic jewel of Miami Beach. Special recognition to Amy Mehu and Susy Torriente of my office for keeping all the pieces moving forward in a coordinated and informed manner. We will continue to provide periodic updates. JM/ST/AM