LTC 055-2025 Update on the Injunction in Clevelander Ocean LP et al. v. City of Miami Beach et al., Requiring Ocean Drive Reconfiguration Docusign Envelope ID:7B6411B1-E9C1-44BF-A255-1E51D706B883
MIAMI BEACH
OFFICE OF THE CITY ATTORNEY and CITY MANAGER
LTC # 055-2025
LETTER TO COMMISSION
TO: Hon d Iaycf# Steven Meiner and Members of th City Commission
y FROM: RicaZT
1�� , City Attorney and Eric T`�Ca penter, City Manager
DATE: February 6, 2025
SUBJECT: Update on the Injunction in Clevelander Ocean LP et al. v. City of Miami
Beach et al., Requiring Ocean Drive Reconfiguration
This Letter to Commission ("LTC") is a follow-up to LTC 044-2025, where we advised the
Mayor and City Commission of the Notice of Appeal that commenced appellate review of
an Order by Judge Butchko Sanchez requiring the City of Miami Beach (the"City")"to re-
open the closed portion of Ocean Drive and revert Ocean Drive from a one-way road to
a two-way road." The filing of the Notice of Appeal triggered an automatic stay of Judge
Butchko Sanchez's Order. On February 5, 2025, following a hearing on a motion filed by
the plaintiffs in the Clevelander lawsuit, Judge Butchko Sanchez orally ruled that she was
vacating the automatic stay, meaning that the Order to re-open the closed portion of
Ocean Drive and revert Ocean Drive from a one-way southbound road to a two-way road
is back in effect. The City intends to pursue relief in the appellate court, but unless and
until the appellate court rules to the contrary, the City must comply with the Order.
It is important to note that the City Administration (the "Administration") has complied with
submission deadlines and obtained permits as required by Miami-Dade County (the
"County") for all segments of Ocean Drive. On October 27, 2024, the City submitted to
the County the traffic operations and safety analysis. Subsequently, on November 26,
2024, the City submitted the ballot/survey results of property owners within the Ocean
Drive pedestrian plaza (the "Promenade") and affected side streets as stipulated on the
County's letter dated August 23, 2024.
Notwithstanding, the County issued a letter dated January 7, 2025, which directs the City,
pursuant to its authority in County Code Sections 2-95.1 and 2-96.1, "to remove in a safe
and controlled manner all barriers installed on, along, or nearby Ocean Drive which
impede general vehicular traffic between 13 Street and 14 Place on Ocean Drive."
Additionally, in the same letter, the County encouraged the City to pursue a parallel
application for the existing one-way condition with a two-way bicycle lane on Ocean Drive
Docusign Envelope ID:7136411 B1-E9C1-44BF-A255-1 E51 D70613883
from 5 Street to 14 Place, as previously conditionally approved by the County.
Pursuant to the County's direction, the Administration immediately submitted new
documentation seeking that the County reinstate its prior approval for the existing one-
way southbound configuration and two-way bicycle lanes on Ocean Drive. In an
abundance of caution, because Judge Butchko Sanchez's order requires the City to revert
Ocean Drive from a one-way road to a two-way road absent reissuance of the County
permit for the one-way condition, the City also requested guidance from the County as to
permitting requirements to revert Ocean Drive to its former two-way condition. Below is a
timeline of recent meetings and correspondence between the City and the County
following the submission of the design plans for the existing one-way southbound
configuration on January 13, 2025.
• January 10, 2025: the City acknowledges the County's letter dated January 7,
2025 and requests further clarification and confirmation from the County regarding
the roadway design standards and permitting requirements to be followed for the
reconfiguration of Ocean Drive back to two-way vehicular traffic.
• January 15, 2025: City staff follows-up with the County via email requesting written
confirmation of the appropriate design standards and permitting requirements with
which the City would need to comply for both the one-way and two-way
configurations on Ocean Drive.
• January 15, 2025: the County advised the City of a conflict of interest with the prior
Engineer of Record ("EOR"') for the one-way southbound configuration and two-
way bicycle lane on Ocean Drive. As such, the City was required to secure a new
FOR as a requirement for the resubmittal of the design plans for the existing one-
way southbound configuration and two-way bicycle lane on Ocean Drive.
• January 22, 2025: the County disapproves the City's application and provides
numerous technical comments on the design plans for the existing one-way
southbound configuration and two-way bicycle lane via the County permitting
system.
• January 23, 2025: the City receives confirmation via email from the County that
the only requirement to revert Ocean Drive to two-way traffic would be to obtain
approval from the County for the maintenance of traffic ("MOT") plan to be in effect
during the implementation of the two-way conversion of Ocean Drive.
• January 30, 2025: meeting held between City staff and County staff to discuss the
County's comments on the City's permit submittal for the existing one-way
southbound configuration and two-way bicycle lane on Ocean Drive.
• January 31 , 2025: in an abundance of caution, the City submits a MOT permit
application to the County for review and approval for the implementation of the
two-way conversion of Ocean Drive.
Docusign Envelope ID:7B6411 131-E9C1-44BF-A255-1 E51 D706B883
• February 4, 2025. the City resubmits the design plans with a new FOR addressing
the technical comments from the County for the existing one-way southbound
configuration and two-way bicycle lane on Ocean Drive.
Despite City staffs diligent efforts and ongoing collaboration with the County, the City has
not been able to secure County approval for the existing one-way southbound
configuration and two-way bicycle lanes on Ocean Drive. Now that the stay that
accompanied the appellate process has been lifted and there was no additional time
granted, the direction of the Court is for immediate removal of the Ocean Drive
promenade between 13 Street and 14 Place and returning of the entirety of Ocean Drive
from 5 Street to 15 Street to its pre-covid condition of two-way traffic.
In order to timely comply with the Court Order the removal of the Promenade may
commence as early as Friday, February 7, 2025 with the removal of the gate arms;
redirecting the flow of the alley and the removal of the existing on-street parking on the
east side of Ocean Drive between 14 Place and 15 Street. Absent a permit from the
County for the conditionally approved one-way southbound travel lane and two-way
bicycle lanes on Ocean Drive, the City has no option but to issue the Notice to Proceed
to one of the City's contractors for the removal of the two-way bicycle lanes and the
implementation of the two-way conversion of Ocean Drive. The Administration anticipates
commencing the two-way conversion on Monday, February 10, 2025. The conversion will
require the full closure of Ocean Drive from 5 Street to 15 Street for a minimum of two (2)
days, application of black paint to remove the existing two-way green bicycle lanes, and
the use of temporary paint for the re-striping of Ocean Drive to two-way vehicular
traffic. As the County has advised the City that only a Maintenance Of Traffic (MOT)
permit is required and that the pre-covid traffic configuration is grandfathered from a
design perspective we will hope to have that MOT permit in hand by Monday, however,
the Judge has instructed the City that nothing should delay compliance with the Order
including lack of permits from the County.
If you have any questions regarding the foregoing, please do not hesitate to contact the
City Manager or City Attorney in accordance with their respective roles.
Transportation and Public Works
Office of the Director
MI A ME Overtown Transit Village
1�5 2w-
AMMM 1��
701 N.W. is'Court* 17th Floor
I Miami, Florida 33136
miamidade.gov Tel: 786-469-5406 Fax: 786-469-5580
Date: August 23, 2024
To: Eric T. Carpenter ,P.E., Director
City of Miami Beach—Transportation and Mobility Department
1700 Convention Center Drive
Miami Beach Florida 33139
From-, Eulols Cleckley, Director and CEO
Miami-Dade County Department of Transportation and Public Works
701 NW 151 Court, 17 Ih Floor
Miami, Florida
Subject: Ocean Drive Pedestrian Promenade Permit Extension Request (Permit#
2024002764)
Dear Mr. Carpenter,
The Miami-Dade County Department of Transportation and Public Works (DTP ) is in receipt of
the request by the City of Miami Beach (City)for a 180-day extension of the approved permit under
DR 2024002764(the"Permit")for the interim implementation of a pedestrian promenade on Ocean
Drive between 13 Ih Street and 14'Place. The initial approval of the Permit required the submission
of a comprehensive traffic operations and safety analysis in accordance with the approved
methodology, a final concept addressing any operational and/or safety deficiencies identified in the
traffic Study, and approval of two-thirds of property owners within the promenade and the affected
side streets by the expiration date of July 28, 2024. At this time, based on the status of the study,
DTPW will grant a 120-day extension to the permit entailing 90-days for submission of the traffic
study final report and 30-days for submission of the final ballots. The 90-day extension for
submission of the traffic study will expire on October 27, 2024 and the extension for submission of
the final ballets will expire on November 26, 2024.
DTPW recognizes that the City achieved approval of the methodology on May 2, 2024 and has
completed the necessary traffic data collection for the operations and safety analysis. DTPW
continues to work with the City as the completion of the traffic study progresses and as a condition
of approval to the requested extension requires (i) that the City comply with all the requirements,
notes, and safety provisions related to DR2024002764 as set forth in the Public Works Permit
System (see Exhibit A), and (ii) that the City comply with all provisions set forth herein, which shall
be express conditions of the County)s approval of the Permit plans and must remain in place
throughout the extension period.
As the permittee, the City shall communicate with the DTPW Traffic Engineering Division via
electronic mail at least 48-hours in advance of any modifications to the Ocean Drive Promenade,
the existing traffic control devices within or leading to the promenade, existing maintenance of traffic
devices, and all signage advising the traveling public of the existing vehicular closure on Ocean
Drive between 13t' Street and 14th Place
Irf upon the expiration of the Permit (as may have been extended) the County has not approved the
subject r-equested traffic flow modifications of Ocean Drive (including but not limited to any road
closures, and implementation of any pedestrian and bicycle facilities), any traffic flow modifications
i I mplemented by the City and remaining in place without County approval will be in violation of
section 1.01(A)(1) of the County Charter and section 2-96.1 of the Code of Miami-Dade County,
Florida.
The City agrees to, and shall, indemnify and hold harmless the County and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including reasonable
costs of defense, excluding in-house attorney's fees, which the County or Its officers, employees,
agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or
proceedings of any kind or nature, including appellate proceedings, (collectively, the "Claims")
arising out of, relating to or resulting from the City I s request and the County approval of the Permit
and any extension thereof, including the approval of the maintenance of traffic plans under DR
2024002764 (as may be extended). The City shall pay all claims and losses in connection and shall
pay all COStS, judgments, and reasonable attorney's fees which may issue thereon The City
expressly understands and agrees that any insurance protection provided by the City, or the City
Contractor shall in no way limit the City's responsibility to indemnify, keep and save harmless and
defend the County or Its officers, employees, agents, and instrumentalities as herein provided. This
indemnification provision survives the expiration or termination of the Permit(as extended)approval
under DR2024002764. Any variations from these requirements will require review and express
written approval from the DTPW Director.
By signing herein, the City Official attests that (s)he has authority to obligate the City to the
provisions and requirements herein, and that the City shall comply with the requirements listed
above as well as the requirement, notes, and safety provisions related to DR 2024002764 as set
forth in the Public Works Permit System. The 120-day extension of the Permit is subject to and
conditioned upon the City's compliance with all provisions and requirements provided herein and
all the requirements, notes, and safety provisions related to DR 2024002764 as set forth in the
Public Works Permit System.
_�tc -jer. J llfo
Signature
Name
Title: T_
c-c, Jimmy L. Morales, Chief Operating Officer, Miami-Dade County
Josiel Ferrer-Diaz, Deputy Director, Miami-Dade County Department of Transportation and
Public Works
Miguel Soria, Assistant Director, Miami-Dade County Department of Transportation and Public
Works
Yamilet Senespleda, Chief of Traffic Engineering, Miami-Dade County Department of
Transportation and Public Works.
Department of Transportation and Public Works
Office of the Director
MIAM *:DAD:E 701 NW 1st Court • 17th Floor
Miami, Florida 33136
January 7, 2025
Eric Carpenter, P.E., City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
RE:Ocean Drive Temporary Pedestrian Plaza CDR 2024002764)
Dear Mr. Carpenter:
Since our correspondence on August 23, 2024,the Miami-Dade Department of Transportation and Public
Works (DTPW) has been in close coordination with the City of Miami Beach (the "City") Department of
Transportation in relation to the Ocean Drive pedestrian plaza that is currently in place along Ocean Drive
between 13th Street and 14th Place.
Our staff has been monitoring the progress of the pedestrian plaza and has provided comments to City
staff working to identify possible solutions to address the operational and safety issues identified with the
subject closure to vehicular traffic of portions of Ocean Drive. The City has complied with all submission
timelines stipulated in the letter; however, as of the date of this letter, the County has not given its final
approval for the subject closure due to significant concerns regarding traffic operations and safety arising
from the road closure.The closure of portions of Ocean Drive to vehicular traffic and re-routing of general
traffic continues to be at the forefront of our concern. The County has identified and communicated with
City staff regarding various safety hazards that are created by the City's closure of portions of Ocean Drive
to vehicular traffic. By way of example,the closure of Ocean Drive to vehicular traffic between 13th Street
and 14th Place limits access for emergency vehicles to reach the surrounding area and creates several
conflict points for pedestrians and motorists.The concerns with safety and traffic operations are further
documented in the testimony from DTPW Traffic Engineering Division staff during deposition on the
Clevelander Ocean LP filing(Case No.: 2021-11642-CA-22).
Pursuant to sections 2-95.1 and 2-96.1 of the Code of Miami-Dade County, the City is hereby directed to
remove in a safe and controlled manner all barriers installed on, along, or nearby Ocean Drive which
impede general vehicular traffic between 13th Street and 14th Place and Ocean Drive.
By way of this letter, DTPW encourages the City to pursue a parallel application for the existing one-way
condition on Ocean Drive from 5th Street to 14th Place as this concept was temporarily approved by DTPW
with conditions that have not been met to date including a post-implementation traffic analysis of the
one-way operation. The County also encourages the City to pursue other concepts in the future in
collaboration with DTPW to enhance pedestrianization and contextual urban design opportunities on
Ocean Drive.
Should you have any questions or require additional information, please contact me at any time.
Sincerely,
J4ielrrer-Diaz, P.E., Interim Director and CEO
Department of Transportation and Public Works
c: Jimmy L. Morales, Chief Operating Officer, Miami-Dade County
Miguel Soria, P.E., Assistant Director, DTPW
Yamilet Senespleda, P.E., Chief of Traffic Engineering, DTPW
N'�IAMIBEACH
City m Miami Beach, 170mCon,ennon Center Drive,Miami Beach,pL 33/39
OFFICE OFrHE CITY MANAGER
Tel:305.67-5.7010
January 1O. 2O25
Josie| Ferrer-Diaz, P.E.
|nbohrn Chief Executive Officer and Director
Miami-Dade County Department of Transportation and Public Works
701 NVV 1st Court, 17t' Floor
Miami, FL33138
RE: Ocean Drive Configuration
Dear Mr. Ferrer-Oiaz.
The City of Miami Beach (the "City") is In receipt of the letter from the Miami-Dade County Department of
TnmnmportationondPub|ioVVorks (^DTPVV^) datedJanuary7^ 2O25 (attaohed). Purouanttothe |etter. 1he
City is working with Calvin Giordano &Assooietes. Inc. to complete a post-implementation traffic analysis
of the existing one-way southbound traffic operation of Ocean Drive as conditionally approved by DTPW
under [)R #2022OO101Oon January 12. 2O22. The City anticipates submitting a new permit application
inclusive of signage and pavement marking plans on Monday. January 13. 2025. and e post-
implementation traffic analysis by January 2O. 2O25. VVe sincerely hope that we can work with the County
for the reauthorization of the permit before Wednesday, January 15, 2025, at 5 pm. Statements made by
a County representative during the legal proceedings regarding the safety ofthe current conditions make
it even more important that we continue to collaborate as we always have regarding traffic flow
modifications on this or any street in the City.
It is the understanding of the City that the January 8. 2025 ruling by Judge Butnhko Sanchez directing
the City to ^reopen^ Ocean Drive between 5 Street and 14 Place to two-way vehicular traffic no later than
January 15. 2025. at 5 p.m. was premised on the lack of permanent approval of the prior permit [)R
#2O220O1O1O for the one-way condition. |n the event that vve cannot reauthorize the permit for the one-
way vehicular treMio and two-way bicycle facility, the City is requesting further clarification and
confirmation from []TPVV regarding the roadway design standards and permitting requirements to be
followed for the reconfiguration of Ocean Drive back tothe two-way vehicular flow condition.
The City has done research and the most recent marking and siQnage plan for that two-way configuration
of Ocean [)rive was designed in 1988. and we believe the standards and requirements have changed
since that time, Given the urgency, the City appreciates receiving a written response from DTPW on the
permitting requirements for the two-way condition by close of business on Monday, January 13, 2025 so
that wo may expeditiously work 10 comply with the order of the Court should the full restripingofOcean
Drive become necessary.
^er� e^e''e"~o^.o',cse=ce�n�ozma�,00''°�o''"e
Please feel free to contact me should you have any questions or concerns regarding this matter. Thank
you for your consideration and commitment to working with the City to find a viable path forward that
accomplishes a safe and acceptable plan for Ocean Drive.
Respectfully,
Eric T. Carpenter
City Manager
cc: Rickelle Williams, Assistant City Manager
Jos6 R. Gonzalez, P.E., Transportation and Mobility Department Director/Interim Parking Director
Ricardo J. Dopico, City Attorney
_ nri— r�-i t f' r pxk r #-,a r� +r
Ica c—r ice 0ire e,tp�� fi adoef CV -A rv� x f r _
From: Libhaber.Bruce(CAO)
To: Eric P.Hockman
Cc: Clarke.Dale(CA01;Alfonso.Annery(CAO);Mack.Freddi;Hunnefeld.Henry;Jamie Alan Cue;Ecward G.Guedes;Clarke.Dale(CA0);Alfonso.Annery(CAO);Mack,Freddi;Hunnefeld,
Henry
Subject: Re:SERVICE OF COURT DOCUMENT CASE NUMBER 132021CA011642000001 Clevelander Ocean LP vs City of Miami Beach et al
Date: Thursday,January 23,2025 3:57:24 PM
Attachments: Outlook-WSH loco.ong
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Outlook-WSH loco.nng
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I have confirmed with my client. The City need not pull a construction permit for Ocean Drive since Ocean Drive is a city street. The City does
need to present and get approval from the County its Maintenance of Traffic(MOT)plan to be in effect throughout the construction/removals
etc.
Sent from my iPhone
On Jan 23,2025,at 3:51 PM,Eric P.Hockman<EHockman@wsh-law.com>wrote:
E%f.-\IL RECEIVED FROM EXTER\.-\L SOU
Bruce-
We need a response from the County concerning permits for Ocean Drive. At the hearing this week,you represented to the court
that the City of Miami Beach does not need permits to reopen Ocean Drive. However,despite multiple emails and requests directly
from the City to the County to obtain official direction,there has been total silence. I need immediate answers from the County or
will be forced to seek relief from the court.Right now,only the City is exposed to contempt if the order is not complied with. The
County cannot sit on the sidelines and refuse to respond to the City's requests.
Notably,both the City Attorneys and I have tried to call you. Please return one of our calls.
1-.ri c
Hockman
Partner/Information technology Partner
Member,Florida Bar Special Committee on Al Tools&Resources
2022 Johnnie M.Ridgely President's Award Winner—Miami Bar Association
Member of?Vational Business Aircraft Association
<Outlook-WSH logo.1n9>
200 E.Broward Blvd.,STE 1900 1 Fort Lauderdale,FL 33301
(954)763-4242 (305)877-8556 chockman'a'wsh-la%-v.com 13ij= wsh-law.coni N".arils
<Outlook-https ww.png>
<Outlook-httns ww.12ng>
<Outlook-https ww.12ng>
THINK BEFORE YOU PRINT
This message,together with any attachments,is intended only for the addressee.It may contain information which is legally privileged,confidential and exempt from disclosure.
If you are not the intended recipient,you are hereby notified that any disclosure,copying,distribution,use,or any action or reliance on this communication is strictly prohibited.
If you have received this e-mail in error,please notify the sender immediately by telephone or by return e-mail and delete the message,along with any attachments.
Pursuant to the Fair Debt Collection Practices Act,this communication is from a debt collector.Any information obtained will be used for the purpose of collecting a debt.
From:Eric P.Hockman<EHockman@wsh-law.com>
Sent:Wednesday,January 15,2025 11:16 AM
To:Libhaber,Bruce(CAO)<Bruce.Libhaber@miamidade.gov>
Cc:'Clarke,Dale(CAO)'<Dale.Clarke@miamidade.gov>;Iannery.alfonso@miamidade.gov'<Annery.Alfonso@miamidade.gov>;Mack,Freddi
<FreddiMack@miamibeachfl.gov>;Hunnefeld,Henry<HenryHunnefeld@miamibeachfl.gov>;Jamie Alan Cole<JCole@wsh-law.com>;
Edward G.Guedes<EGuedes@wsh-law.com>
Subject:Fw:SERVICE OF COURT DOCUMENT CASE NUMBER 132021CA011642000001 Clevelander Ocean LP vs City of Miami Beach et al
Bruce-
While it's not clear why the court only gave half the time requested,I need to meet and confer with you about expediting the road
permitting issues with the County. Otherwise,I'm going to have to ask for an order from the court to do that.
Eris;
HOckman
Partner/Information technology Partner
Member,Florida Bar Special Committee on AI Tools&Resources
20 22 Johnnie,W.Ridgely President's Award Winner—Miami Bar Association
Nfemher of.Vational Business Aircraft lssociation
<Outlook-WSH lozopn
200 E.Broward Blvd.,STE 1900 1 Fort Lauderdale,FL 33301
(954)763-4242 (305)877-8556 ehockman,t'��-sh-la�,,I.com I iz"11-Isw.cotn (;ands
<_Outlook-https 12 11
<Oudook-https ww.12ng_>
<Outlook-hulas Nv«•.
THINK BEFORE.YOU;PRINT
This message,together with any attachments,is intended only for the addressee.It may contain information which is legally privileged,confidential and exempt from disclosure.
If you are not the intended recipient,you are hereby notified that any disclosure,copying,distribution,use,or any action or reliance on this communication is strictly prohibited.
If you have received this e-mail in error,please notify the sender immediately by telephone or by return e-mail and delete the message,along with any attachments.
Pursuant to the Fair Debt Collection Practices Act,this communication is from a debt collector.Any information obtained will be used for the purpose of collecting a debt.
From:eservice@myflcourtaccess.com<eservice@myflcourtaccess.com>
Sent:Tuesday,January 14,2025 9:37 PM
Subject:SERVICE OF COURT DOCUMENT CASE NUMBER 132021CA011642000001 Clevelander Ocean LP vs City of Miami Beach et al
Notice of Service of Court Documents
Filing Information
Filing #: 214602955
Filing Time: 01/14/2025 09:37:21 PM ET
Filer: Circuit Civil Section CA22 Judge 305-349-5600
Court: Eleventh Judicial Circuit in and for Miami-Dade County, Florida
Case #: 132021CA011642000001
Court Case #: 2021-011642-CA-01
Case Style: Clevelander Ocean LP vs City of Miami Beach et al
Documents Click on the file name below to download or print your document NOW.The link
expires in 14 days
Documents
Title File
Judiciary Order: Order.pdf
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