Item Coversheet

New Business and Commission Requests - R9  A




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:December  4, 2020
 



SUBJECT:DISCUSSION ON AN ENFORCEMENT PLAN FOR OCEAN DRIVE IN THE MXE DISTRICT.

RECOMMENDATION

The administration recommends that the City Commission discuss the enforcement initiatives provided herein.

BACKGROUND/HISTORY

On July 29, 2020, the City Commission referred a discussion item to the Land Use and Sustainability Committee pertaining to Land Use Regulations specific to Ocean Drive and the Mixed-Use Entertainment (MXE) Area (item C4I). The item was sponsored by Mayor Dan Gelber and co-sponsored by Commissioner Steven Meiner.

This item, as well as a more global discussion on Ocean Drive and the surrounding area, was discussed at a special workshop of the LUSC on September 17, 2020. On October 20, 2020 the LUSC discussed the proposed amendment to chapter 46 and recommended that the City Commission not move forward with the proposal to remove the current noise exemption along Ocean Drive from 9th to 11th Street. As part of the discussion on this item, Commissioners Ricky Arriola and Michael Gongora requested that a separate discussion item be placed on the November 18, 2020 City Commission agenda, pertaining to an enforcement plan for Ocean Drive.

ANALYSIS

At the September 17, 2020 special workshop on Ocean Drive, the Police Department presented a collection of strategies to improve the safety and security in the Art Deco Cultural District (ADCD) including infrastructure improvements, staffing modifications and suggestions to mitigate the current “anything goes” perception of visitors to the District. This public safety initiative has been a collaborative effort with the Code Compliance Department and Police Department.

As mentioned in the presentation provided on September 17, 2020, the following are initiatives to assist with enforcement of the ADCD:

• The Police Department has implemented an enhanced staffing effort in the Art Deco Cultural District (ADCD). Attached is LTC 390-2020, summarizing the impact of this effort. Additionally, the following is noted:
o Since the modified staffing plan has been in place (September 9th, 2020 through November 9th, 2020 vs. the previous 8 weeks of July 8th, 2020 through September 8th, 2020) the Crime rate dropped 11% in the ADCD.
o Since the re-implementation of the TOPS program on October 25th 2020 the effort has resulted in the following: 4 deployments and 10 misdemeanor arrests, with a focus on Quality of Life crimes.
o Columbus Day Weekend ADCD enforcement resulted in 13 felony arrests, 24 misdemeanor arrests and 395 uniform traffic citations.

• The Code Compliance Department has been assigning additional personnel in the ADCD to address quality of life and code concerns; the focus of these efforts has been in the following areas.
o Sidewalk café extension areas.
o Outdoor speakers (Certificate of Appropriateness).
o Noise levels checking for ambient level.
o Code of conduct and sidewalk café violations.
o Alcohol hours for businesses and sidewalk cafes.
o Hawking and soliciting.
o Curfew, social distancing and the CDC guidelines.

• The Administration is evaluating an additional Code Compliance team that would be only assigned to the ADCD.

• The Planning, Code Compliance, Police and Public Works Departments have collaborated with the City Attorney’s Office to develop amendments to chapter 46 (noise) and chapter 82 (sidewalk cafes) of the City Code. These amendments, some of which are being considered at first reading on the R5 portion of the agenda, are intended to augment the stepped-up enforcement efforts of the Police and Code Compliance Departments.

CONCLUSION

The administration recommends that the City Commission discuss the initiatives and provide additional policy direction as applicable.

Applicable Area

South Beach
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 
Legislative Tracking
Planning
Sponsor
Commissioners Arriola, Gongora, Samuelian, & Vice-Mayor Meiner

ATTACHMENTS:
Description
LTC 390-2020