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