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2018-30640 Resolution RESOLUTION NO. 2018-30640 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING NEW YEAR'S EVE ACTIVITIES ON OCEAN DRIVE IN PARTNERSHIP WITH THE OCEAN DRIVE ASSOCIATION, AND AUTHORIZING (1) THE CLOSURE OF OCEAN DRIVE, BETWEEN 5Th STREET AND 14Th STREET, FROM SATURDAY, DECEMBER 29, 2018, AT 7:00 A.M., UNTIL TUESDAY, JANUARY 1, 2019, AT 7:00 A.M.; (2) THE EXPANSION OF PARTICIPATING SIDEWALK CAFES TO THE CENTER LINE ON OCEAN DRIVE, BETWEEN 5TH STREET AND 14Th STREET, FOR FOOD AND/OR BAR SERVICE WITHIN THE EXPANDED SIDEWALK CAFÉ AREAS, SUBJECT TO DEPARTMENT OF PUBLIC WORKS APPROVAL OF PLANS; AND (3) THE EXTENSION OF HOURS UNTIL 7:00 A.M. ON JANUARY 1, 2019, FOR ON-PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES FOR PARTICIPATING SIDEWALK CAFES AND CERTAIN ALCOHOLIC BEVERAGE ESTABLISHMENTS WITH A 5:00 A.M. LIQUOR LICENSE, SUBJECT TO THE CONDITIONS SPECIFIED IN SECTION 6-3(a)(6) OF THE CITY CODE. WHEREAS, as in the past seventeen (17) years, the Ocean Drive Association ("ODA") has approached the City to request City participation in, and sponsorship of, a New Year's celebration on Ocean Drive and free fireworks display on the beach, located east of Lummus Park, at 12:00 midnight on New Year's Day; and WHEREAS, the City's New Year's celebration on Ocean Drive draws large crowds, including both residents and visitors; and WHEREAS, in recent years, the City has partnered with ODA to share in the expenses related to the street closure and fireworks display on New Year's Eve, which celebration duration ranges from two (2) to four (4) days, depending on whether the holiday falls on a weekend or a weekday; and WHEREAS, this year, New Year's Eve falls on a Monday and, as in recent years, hotel occupancy will be very strong due to increased numbers of visitors taking advantage of the long holiday weekend; and WHEREAS, the ODA has requested the closure of Ocean Drive to vehicular traffic between 5th and 14th Streets, beginning at 7:00 a.m. on December 29, 2018, and ending at 7:00 a.m. on January 1, 2019; and WHEREAS, the ODA has also requested that sidewalk cafes participating in the New Year's celebration be allowed to expand their cafes onto the southbound lane of Ocean Drive, up to the center line of the road, between 5th Street and 14th Street, for food and/or bar service within the expanded sidewalk café areas, subject to Department of Public Works approval of expanded sidewalk café plans; and WHEREAS, the ODA has requested that certain alcoholic beverage establishments with 5:00 a.m. liquor licenses be allowed to serve alcoholic beverages for consumption at the participating sidewalk cafes until 7:00 a.m. on Tuesday, January 1, 2019, only; and WHEREAS, in previous years, the City funded 47% of the sanitation, sand-shifting, and other costs associated with the Ocean Drive road closure and fireworks display for New Year's Eve, and the ODA has funded the remaining 53% of the costs; and WHEREAS, the ODA is requesting the following contributions from the City for this year's celebration: 1. ODA has represented that the actual cost of the fireworks display is approximately $33,000, and has requested that the City cover 47% of the cost; and 2. ODA has requested that the City contribute 47% of the sanitation, sand-shifting, and other costs associated with the Ocean Drive road closure; and WHEREAS, the total estimated costs associated with the 2018/2019 New Year's Eve celebration on Ocean Drive, including Items 1 and 2, above, are estimated at $125,150.00. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve New Year's Eve activities on Ocean Drive in partnership with the Ocean Drive Association, and authorize (1) the closure of Ocean Drive, between 5th Street and 14th Street, from Saturday, December 29, 2018, at 7:00 a.m., until Tuesday, January 1, 2019, at 7:00 a.m.; (2) the expansion of participating sidewalk cafes to the center line on Ocean Drive, between 5th Street and 14th Street, for food and/or bar service within the expanded sidewalk café areas, subject to Department of Public Works approval of plans; and (3) the extension of hours until 7:00 a.m. on January 1, 2019, for on-premises consumption of alcoholic beverages for participating sidewalk cafes and certain alcoholic beverage establishments with a 5:00 a.m. liquor license, subject to the conditions specified in Section 6-3(a)(6) of the City Code. PASSED and ADOPTED this /0- day of December, 2018. ATTEST: e "�---~ idil idiiiiiiiiiiiiiiiiif �..•%%um �i Dan.Gelber ro ........... I ,L or ........... Rafael . Granada c�.® . �� .. 1.-'SCity Clerk : � � - # APPROVED AS TO FORM & LANGUAGE * ' INCORP ORATED g &FOR EXECUTION Vl. **---� 0) ••• ? City Attorney ;Date 'i CH 26-••••••;. O PC Resolutions- C7 Y MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: December 12, 2018 SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING NEW YEAR'S EVE ACTIVITIES ON OCEAN DRIVE IN PARTNERSHIP WITH THE OCEAN DRIVE ASSOCIATION, AND AUTHORIZING (1) THE CLOSURE OF OCEAN DRIVE, BETWEEN 5TH STREET AND 14TH STREET, FROM SATURDAY, DECEMBER 29, 2018,AT 7:00 A.M., UNTIL TUESDAY, JANUARY 1, 2019, AT 7:00 A.M.; (2) THE EXPANSION OF PARTICIPATING SIDEWALK CAFES TO THE CENTER LINE ON OCEAN DRIVE, BETWEEN 5TH STREET AND 14TH STREET, FOR FOOD AND/OR BAR SERVICE WITHIN THE EXPANDED SIDEWALK CAFE AREAS, SUBJECT TO DEPARTMENT OF PUBLIC WORKS APPROVAL OF PLANS; AND (3) THE EXTENSION OF HOURS UNTIL 7:00 A.M. ON JANUARY 1, 2019, FOR ON- PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES FOR PARTICIPATING SIDEWALK CAFES AND CERTAIN ALCOHOLIC BEVERAGE ESTABLISHMENTS WITH A 5:00 A.M. LIQUOR LICENSE, SUBJECT TO THE CONDITIONS SPECIFIED IN SECTION 6-3(A)(6) OF THE CITY CODE. RECOMMENDATION Adopt the resolution. ANALYSIS Similar to the prior seventeen (17)years, the Ocean Drive Association (ODA)approached the City to request participation and sponsorship of a free fireworks show on the beach east of Lummus Park at midnight on New Year's Eve. The City has partnered with Ocean Drive Association to share in the expenses related to the closure and fireworks for New Year's Eve, which has ranged from two (2) days to four(4)days depending on if the holiday occurs on a weekend or weekday. New Year's Eve occurs on a Monday this year and early indication is that hotel occupancy will be very strong as many visitors will take advantage of the long holiday weekend. Therefore, the Ocean Drive Association has requested the closure of Ocean Drive to vehicular traffic from 5 to 14 Streets, beginning the morning of Saturday, December 29, 2018 at 7:00 a.m., reopening on Tuesday, January 1, 2019 at 7:00 a.m. Of the sanitation and sand-sifting costs and resources specifically directed towards the Ocean Drive road closure and fireworks, the City has agreed to share in 47% of the costs to Ocean Drive Association's 53%of the costs for two days of closure. In addition to closing Ocean Drive, approved sidewalk cafes participating in the Ocean Drive Association's New Year's Eve event will be allowed to expand their cafes onto the southbound lane of Ocean Drive, up to the midpoint yellow line. Participating cafes are required to submit this Page 765 of 1751 alternate set of plans to Public Works for approval. Café expansion uses may include food and bar service, but may not include entertainment elements. The Ocean Drive Association has requested participating cafes be allowed to sell liquor within their café areas beyond the 2:00 a.m. required cut- off and be provided an extension of 7:00 a.m. for those which have a 5:00 a.m. liquor license on Monday, January 1, 2019 only. The estimated costs for this year's fireworks and closure are as follows: 2018 - Estimated Costs 3 days Police '63,000.00 Fire 53,000.00 Fireworks 33,000.00 Sand Sifting 450.00 Sanitation 5,700.00 Total 125,150.00 ODA credit for Fireworks 47%of$33,000 (15,510.00) 'Ocean Drive Contribution 50,819.50 City's Contribution 58,820.50 Additionally, many Miami Beach nightclubs and hotels host special New Year's Eve events. The City works with the area hotels and nightclubs to ensure that resources and security were appropriately allocated for the weekend. NEW YEAR'S EVE ENHANCED STAFFING Enhanced staffing levels for Police, Fire, Parking, Sanitation and Code Compliance are provided during the New Year's Eve weekend in the entertainment district. The Police Department has significant enhanced staffing throughout the weekend on foot patrols, bicycle patrols and ATV patrols throughout the Entertainment District, as well as undercover Crime Suppression Team officers. The Police Department also conducts DUI Saturation Patrols throughout the weekend. The City will also continue enforcement of our current laws and regulations with respect to open containers and public consumption of alcoholic beverages, in order to ensure that residents and visitors have a safe and enjoyable experience in Miami Beach. A letter will be sent to businesses reminding them of the City's laws and asking for their assistance in curbing public consumption of alcohol. The City's goal is to work in partnership with our businesses to curtail the public consumption of alcoholic beverages throughout our city, which sometimes results in negative and unwanted behavior. Various collateral materials have been developed by the City and have been offered to businesses (free of charge)to help in educating the public about our laws. Traffic&Parking Restrictions • Ocean Drive (5 to 14 streets)will be restricted to pedestrians only (no vehicles) from Saturday, December 29, 2018 at 7:00 a.m. through Tuesday, January 1, 2019 at 7:00 a.m. in anticipation of large crowds during the holiday. Parking • Al municipally operated parking facilities will be open. Special event flat rates ($15 - $20) apply at most garages. • The following lots will have extended hours until 4:00 a.m. on December 31/January 1: 46 Street, South Pointe Park. Special event flat rate ($20)will apply. Page 766 of 1751 • Residential parking zones citywide will be enforced. • Valet operations normally on Ocean Drive were relocated to Collins Avenue. Extended Hours • Nightclubs have been provided notice that service of alcohol for establishments with 5:00 a.m. licenses will be extended until 7:00 a.m. on Tuesday, January 1, 2019. CONCLUSION The Administration recommends adopting the attached resolution, allowing closure, café expansion and extension of liquor and café liquor licenses. KEY INTENDED OUTCOMES SUPPORTED Enhance Cultural and Recreational Activities FINANCIAL INFORMATION The City's expenses associated with New Year's Eve are funded from Resort Tax Collections. The contribution from the Ocean Drive Association will be appropriated in the next FY 2018/19 budget amendment. Legislative Tracking Office of the City Manager ATTACHMENTS: Description o Resolution Page 767 of 1751