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LTC 023-2025 Extension of Time for Injunction in Clevelander Ocean LP et al. v. City of Miami Beach et al., Requiring Ocean Drive Reconfiguration - Corrected to include attachments. MIAMI BEACH OFFICE OF THE CITY ATTORNEY and CITY MANAGER LTC # 023-2025 LETTER TO COMMISSION TO: Honorable Mayor Steven Meiner and Members of the City Commission FROM: Ricardo J. Dopico, Q1 y Attorney and �ic T. tr��M anager DATE: January 16, 202 SUBJECT: Extension of Time for 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 013-2025, where we advised you of the recent oral ruling by Judge Beatrice Butchko Sanchez in the case of Clevelander Ocean LP et al. v. City of Miami Beach et al., Case No. 2021-11642-CA-01 (11th Jud. Cir.), requiring the City to return Ocean Drive between 5th Street and 14th Place to its pre- COVID-19 configuration. In her January 8th oral ruling, Judge Butchko Sanchez ordered the City to restore to its pre-COVID-19 condition on or before Wednesday, January 15, 2025, at 5:00 p.m. However, on Monday, January 13, 2025, the City filed an emergency motion to extend the compliance deadline, supported by a declaration by the Assistant Director of the City's Transportation department explaining why it would be impossible to lawfully and safely comply with the January 15th deadline. Late in the evening, Tuesday, January 14, 2025, Judge Butchko Sanchez entered an Order granting the City's emergency motion in part and extending the deadline to Friday, January 31, 2025, at 5:00 p.m., "to re-open the closed portion of Ocean Drive and revert Ocean Drive from a one-way road to a two-way road."A copy of Judge Butchko Sanchez's Order is attached to this LTC. The City Attorney's Office and the City Administration continue to work diligently with the County on next steps and all possible avenues for an outcome that continues to provide safe transportation options for our residents, business owners and visitors, while complying with lawful mandates. To that end, attached is a letter sent by the City Administration to the Miami-Dade County Department of Transportation and Public Works (County) on Friday, January 10, 2025, seeking the County's guidance. As the County has been and remains the authority having jurisdiction regarding all traffic flow regulations countywide, it will be imperative to obtain permits from the County for the modifications to the existing conditions. As we move through the process with the County, we will keep you informed. Filing # 214602955 E-Filed 01/14/2025 09:37:21 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO: 2021-011642-CA-01 SECTION: CA22 JUDGE: Beatrice Butchko Sanchez Clevelander Ocean LP Plaintiff(s) VS. City of Miami Beach et al Defendant(s) ORDER GRANTING IN PART CITY OF MIAMI BEACH'S EMERGENCY MOTION FOR EXTENSION OF TIME TO COMPLY WITH COURT ORDER OF JANUARY 8, 2025 Docket Index Number: 314 Or Efiling Number: 214485221 Date Filed: 01/13/2025 Full Name of Motion: CITY OF MIAMI BEACH'S EMERGENCY MOTION FOR EXTENSION OF TIME TO COMPLY WITH COURT ORDER THIS CAUSE came before the Court on January 14, 2025, without oral argument, via electronic courtMap filing on Defendant City of Miami Beach's Emergency Motion for Extension of Time to Comply with Court Order, and the Court having considered Defendant's motion, Plaintiffs' response, and being otherwise advised in the premises, it is hereby ORDERED AND ADJUDGED as follows: Defendant City of Miami Beach's Emergency Motion for Extension of Time to Comply with Court Order is GRANTED,IN PART. Defendant is granted an extension until Friday, January 31, 2025 at 5:00 PM to re-open the closed portion of Ocean Drive and revert Ocean Drive from a one-way road to a two-way road. Case No: 202 1-0 1 1 642-CA-01 Page 1 of 3 DONE and ORDERED in Chambers at Miami-Dade County, Florida on this 14th day of January. 2025. >elr_ 202 1-0 1 1 642-CA-01 01-14-2025 9:22 PM Hon. Beatrice Butchko Sanchez CIRCUIT COURT JUDGE Electronically Signed No Further Judicial Action Required on THIS MOTION CLERK TO RECLOSE CASE IF POST JUDGMENT Electronically Served: Aleksandr Boksner, aleksandrboksner@miamibeachfl.gov Aleksandr Boksner, sandracaba@miamibeachfl.gov Alexander J. Hall, Esq., ahall@coffeyburlington.com Alexander J. Hall, Esq., lmaltz@coffeyburlington.com Alexander J. Hall, Esq., service@coffeyburlington.com Annery Pulgar Alfonso, annery@miamidade.gov Annery Pulgar Alfonso, Moraima.Pena-Duarte@miamidade.gov Blayne Justus Yudis, byudis@wsh-law.com Blayne Justus Yudis, lbrewley@wsh-law.com Bruce Libhaber, bruce2@miamidade.gov Bruce Libhaber, earuiz@miamidade.gov Dale Patrick Clarke, Dale.Clarke@miamidade.gov Dale Patrick Clarke, Lissette.martin@miamidade.gov Edward G. Guedes, eguedes@wsh-law.com Edward George Guedes, eguedes@wsh-law.com Edward George Guedes, szavala@wsh-law.com Eric P. Hockman, ehockman@wsh-law.com Eric Page Hockman, ehockman@wsh-law.com Eric Page Hockman, mgaines@wsh-law.com Eric Page Hockman, faubi@wsh-law.com Freddi Rebecca Mack, freddimack@miamibeachfl.gov Freddi Rebecca Mack, merarimotola@miamibeachfl.gov Freddi Rebecca Mack, sandraperez@miamibeachfl.gov Henry J Hunnefeld, henryhunnefeld@miamibeachfl.gov Henry J Hunnefeld, sandraperez@miamibeachfl.gov Henry J Hunnefeld, merarimotola@miamibeachfl.gov Case No: 202 1-0 1 1 642-CA-01 Page 2 of 3 Jamie A. Cole,jcole@wsh-law.com Joseph H. Serota,jserota@wsh-law.com Joseph H. Serota, lmartinez@wsh-law.com Kendall Coffey, kcoffey@coffeyburlington.com Kendall Coffey, Jcaballero@coffeyburlington.com Kendall Coffey, service@coffeyburlington.com Mark A. Fishman, markfishman@miamibeachfl.gov Mark A. Fishman, louisebelzince@miamibeachfl.gov Matthew Chait, mchait@shutts.com Matthew Chait, Ahamilton@shutts.com Matthew Chait, kmeyer@shutts.com Michael Andrew Munoz, mmunoz@shutts.com Michael Andrew Munoz, mmcleodharris@shutts.com Monique Sarraff-Ravelo, msarraff@wsh-law.com Rafael A. Paz, rafaelpaz@miamibeachfl.gov Raquel M. Fernandez, rfemandez@bilzin.com Raquel M. Fernandez, etrujillo@bilzin.com Raquel M. Fernandez, eservice@bilzin.com Ricardo Dopico, RicardoDopico@miamibeachfl.gov Richard B. Rosengarten, rosengarten@wsh-law.com Richard B. Rosengarten, szavala@wsh-law.com Richard Bradlee Rosengarten Esq., rosengarten@wsh-law.com Richard Bradlee Rosengarten Esq., szavala@wsh-law.com Robert F. Rosenwald Jr., robertrosenwald@miamibeachfl.gov Robert F. Rosenwald Jr., miriammerino@miamibeachfl.gov Robert F. Rosenwald Jr., robertrosenwald@aim.com Robert Morcate, rmorcate@judl l.flcourts.org Steven M Ebner, sebner@shutts.com Steven M Ebner, dsuengas@shutts.com Timothy W. Odzer, todzer@shutts.com Physically Served: Case No: 202 1-0 1 1 642-CA-01 Page 3 of 3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139,www.miamibeachfl.gov OFFICE OF THE CITY MANAGER Tel:305.673.7010 January 10, 2025 Josiel Ferrer-Diaz, P.E. Interim Chief Executive Officer and Director Miami-Dade County Department of Transportation and Public Works 701 NW 1st Court, 17t" Floor Miami, FL 33136 RE: Ocean Drive Configuration Dear Mr. Ferrer-Diaz, The City of Miami Beach (the "City") is in receipt of the letter from the Miami-Dade County Department of Transportation and Public Works ("DTPW") dated January 7, 2025 (attached). Pursuant to the letter, the City is working with Calvin Giordano &Associates, 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 DR #2022001010 on January 12, 2022. The City anticipates submitting a new permit application inclusive of signage and pavement marking plans on Monday, January 13, 2025, and a post- implementation traffic analysis by January20, 2025. We 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 of the 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 Butchko 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 DR #2022001010 for the one-way condition. In the event that we cannot reauthorize the permit for the one- way vehicular traffic and two-way bicycle facility, the City is requesting further clarification and confirmation from DTPW regarding the roadway design standards and permitting requirements to be followed for the reconfiguration of Ocean Drive back to the two-way vehicular flow condition. The City has done research and the most recent marking and signage plan for that two-way configuration of Ocean Drive 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 we may expeditiously work to comply with the order of the Court should the full restriping of Ocean Drive become necessary. We are committed to providing excellent public service and safety to all who live,work,and play in our vibrant,tropicai,historic comm unity. 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. Carpen er City Manager cc: Rickelle Williams, Assistant City Manager Jose R. Gonzalez, P.E., Transportation and Mobility Department Director/Interim Parking Director Ricardo J. Dopico, City Attorney We are committed to providing excellent public service and safety to all who live,work,and play in our vibrant,tropical,historic comm unity.