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LTC 243-2020 Update on Ocean Drive configuration OFFICE OF THE CITY MANAGER TO: Mayor Dan Gelber and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: July 10, 2020 SUBJECT: Update of Ocean Drive reconfiguration The purpose of this Letter to Commission is to provide an update on the short-term reconfiguration of Ocean Drive, as well as address issues raised with respect to the City’s preparations for the recent Fourth of July weekend. Background The Mayor convened a special meeting of the City Commission on June 29, 2020 to discuss masking requirements and other compliance measures in response to COVID-19. During the meeting, several Commissioners raised serious concerns about public safety in the MXE and particularly on Ocean Drive. Several videos of unacceptable behavior by visitors on Ocean Drive (particularly the footage at the Voodoo Lounge) prompted the Commission to direct me to come up with a plan for the upcoming weekend to address these issues. Working with staff, we came up with a plan that included enhanced police staffing and additional units from Miami-Dade County police for the weekend. We also created a Hospitality Education and Enforcement Team (HEET) comprised of personnel members from Police, Fire Prevention, Code Compliance and Ocean Rescue. This multidisciplinary team is dedicated to ensuring hospitality and restaurant establishments are abiding by all emergency measures in order to maintain a safe experience for residents and visitors. They were directed to use the combination of State, County and City emergency orders to enforce the reopening guidelines and shut down bad operators that are putting the public at risk (as was done with Voodoo Lounge, which remained closed through the weekend). I amended my emergency orders to close package liquor stores citywide at 8 p.m. (making it consistent with the reduced hours in the MXE), and issue a curfew starting at 12:30 a.m. I also used my high impact weekends authority to allow only ambient music in the MXE during the holiday weekend. As you know, subsequent to my orders, the County Mayor imposed his own 10 p.m. curfew countywide. Re-opening a lane on Ocean Drive to vehicular traffic While working with City staff to assess the challenges in the MXE and specifically on Ocean Drive, it was pointed out by Police leadership that Ocean Drive was a tale of two streets. During the daytime, the street, which had been closed to vehicular traffic for a long time, served as a nice environment for pedestrians and bicyclists. At night, however, the street changed into an open-air cabaret environment that was very difficult to manage. It was PD’s recommendation that by reopening one lane for vehicular traffic, we would significantly reduce the area available for congregation and make it easier for PD to manage the crowd and disperse folks when the curfew kicked in. In fact, their comments to me after the weekend indicate that the strategy accomplished it’s intended goal. Furthermore, they point out that the lane of vehicular traffic also relieved some of the traffic problems on Collins Avenue and even reduced some of the loitering on Collins Avenue as some of those folks chose to drive the strip instead. As such, the purpose of re- opening a lane of vehicular traffic was not to prioritize business over residents. Rather, it was to directly respond to the public safety concerns expressed by our residents, businesses and Commissioners. Thankfully, the holiday weekend was relatively uneventful in the MXE district. Communication with the Commissioners Mainstream and social media have reported that I did not communicate with the Mayor and Commission regarding the reopening of one lane of vehicular traffic on Ocean Drive. As I indicated above, the Commission discussion about the need to address the issues on Ocean Drive and in the MXE, and the direction to me to put together a plan for the holiday weekend, occurred at the Monday Commission meeting. There was no other Commission meeting scheduled last week after Monday. As such, I did what I normally do in between meetings, which is send nightly COVID-19 email updates and occasional emails as needed during the day. Last week was no different (copies of the below referenced emails are attached hereto): 1. On July 1, at 9:39 a.m., I emailed the Commission informing them of my intention to amend the emergency order to close package liquor stores citywide at 8 p.m., and to impose a curfew at 12:30 a.m. each night. 2. On July 1, in my nightly COVID-19 email update, I informed the Commission of the creation of the HEET team and confirmed that I had revised my emergency order as I had indicated in the email referenced above. 3. On July 2, at 10:30 a.m., I emailed the Commission informing them of the work being done with respect to Ocean Drive, the Zoom meetings that had been held with PD and the ODA, and the work done by Transportation staff in laying out a safe way to create one lane of vehicular traffic while preserving a pedestrian path (a schematic of such layout was attached to the email). The email indicated that the goal was to implement the plan for the holiday weekend if we could complete the logistics in time. I received no response. 4. On July 3, at 11:47 a.m., I emailed the Commission to update them on the weekend plans, indicating that we had obtained the necessary barricades and barriers, and therefore would be able to begin implementing the Ocean Drive plan that evening. It is quite possible that some of the Commissioners may not have read the emails until a later date. We are all so busy responding to issues during this pandemic, and we all receive many, many emails each day. But I do know that I communicated with the Mayor and Commissioners in a manner consistent with what I have been doing throughout the pandemic. Update The County Mayor has now partially rolled back the re-opening of restaurants and extended the 10 p.m. curfew indefinitely. Since only outdoor dining is now permitted, we clearly need to provide the restaurants the ability to expand their seating onto the street as was the case before. We anticipate that more restaurants will now want to take advantage of this program. We also understand that many in the community were disappointed to see the reduced space available for pedestrians and bicyclists under the configuration adopted for the 4th of July weekend. In conversations with Police, the ODA and other stakeholders, we think that there is an opportunity to implement a hybrid approach that (i) closes the Road entirely to vehicular traffic from Monday through Thursday and (ii) reopens one lane to vehicular traffic at night from Friday through Sunday when public safety concerns are most serious. We would retain the barricades and use them to create separate pedestrian and bicycle lanes when the road is closed to vehicular traffic (which is responsive to safety concerns we heard from pedestrians); and the barricades would also be used on those three nights when the lane reopens to vehicular traffic. Given the 10 p.m. curfew, the impact on pedestrians and cyclists is limited under this hybrid approach. We are considering experimenting with this approach this weekend to see how it works. My intention is to bring a discussion to the July 17th Special Commission meeting about the short and medium-term configuration of Ocean Drive. Given the current resurgence of the virus, the need for expanded outdoor dining is likely to last for weeks, if not months. Options include (i) one lane of vehicular traffic, (ii) fully closing the street for only pedestrian and bicycles, (iii) keeping the barricades in place and having separate lanes for pedestrians and bicyclists, and (iv) a hybrid version that keeps the road closed to vehicular traffic, except for nighttime and/or high impact weekends. We hopefully will have some lessons from the experiences of the different approaches tried during the pandemic that can inform the discussion. Please do not hesitate to contact me with any questions or your thoughts on the hybrid approach in the short term. Thanks