Item Coversheet

New Business and Commission Requests - R9  U




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:June  28, 2023
 



SUBJECT:DISCUSS AND TAKE ACTION REGARDING THE MOTION OF THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE, AT ITS MAY 23, 2023 MEETING, RECOMMENDING THAT THE CITY COMMISSION ADOPT A RESOLUTION STRONGLY URGING THE MIAMI-DADE COUNTY COMMISSION TO MAINTAIN THE CURRENT TEMPORARY OCEAN DRIVE PROMENADE AND TO ALLOW THE CITY TO PILOT AN EXTENSION OF THE CURRENT PROMENADE DURING CERTAIN HOURS.

RECOMMENDATION

The Administration recommends that the Mayor and City Commission (“City Commission”) discuss and take action regarding the motion of the Public Safety and Neighborhood Quality of Life Committee (“PSNQLC”), at its May 23, 2023 meeting, recommending that the City Commission adopt a resolution strongly urging the Miami-Dade County Commission to maintain the current temporary Ocean Drive promenade and to allow the City to pilot an extension of the current promenade during certain hours.  

BACKGROUND/HISTORY

The Miami-Dade County Department of Transportation and Public Works (DTPW) has jurisdiction and purview over traffic control on local roadways and alleyways, including within incorporated municipalities. This authority includes Ocean Drive as a local roadway as well as the 14 Place and Ocean Court alleyways. In addition, any pilot projects that modify traffic flow on local roadways must be approved by DTPW.

 

Furthermore, per City Commission Resolution No. 2020-31313 adopted on July 17, 2020, any potential new pilot programs on Ocean Drive, or other major streets in the City, must be fully vetted by all stakeholders, including residents and discussion by the City Commission, prior to taking any action.

 

Pursuant to City Commission direction at the October 27, 2021 Commission meeting, the City re-opened Ocean Drive to vehicular traffic, from 5 Street to 13 Street, in January 2022. The introduction of vehicular traffic on Ocean Drive included a single southbound vehicular travel lane and protected bi-directional green bike lanes on the east side of the road. Additionally, the City Commission directed the Administration to create a temporary pedestrian promenade on Ocean Drive between 13 Street and 14 Place as a pilot program. As part of the implementation of the temporary promenade, the City reversed the flow of the 14 Place and Ocean Court alleyways between 14 Place and 13 Street to a southbound direction given this would be the only egress route available for vehicles entering Ocean Drive through 15 Street to by-pass the promenade.

 

DTPW has denied the City a permit for the temporary promenade as a result of the alleyway presenting several safety and operational constraints. Thus, the existing promenade, as currently configured, is not permitted by DTPW, primarily because in alleyway is designed for service functions and not to serve as a street for general through-vehicle traffic.

 

Since its implementation, the temporary promenade on Ocean Drive has created dedicated space in the public right-of-way for active mobility, including pedestrians, bicycles, and scooters, to enjoy the historic and iconic street. In addition, the temporary promenade has provided unique opportunities for community-friendly activations, including the Sunday Music Concert Series presented by the Ocean Drive Association with financial support from the City. However, some retail businesses and hotels within and adjacent to the promenade have expressed concerns with operational challenges, including customer accessibility and freight delivery due to the current pedestrianized configuration of the promenade. In addition, DTPW has expressed safety concerns with the use of the alleyway as a detour route for general vehicular traffic.   

 

On December 21, 2022, the City Administration and DTPW staff met to discuss DTPW’s concerns with the current configuration of the promenade, particularly the use of the 14 Place and Ocean Court alleyways for general vehicular traffic, and the associated safety and operational challenges. During the meeting, DTPW staff expressed that a permit for the promenade as currently configured would not be approved and required that the City submit a modified plan to address the safety and operational challenges as well as a methodology to evaluate the effectiveness of the modified plan for DTPW’s review and approval. The continuation of the promenade on a pilot basis would be contingent upon the County’s approval of a modified plan.

 

Over the past few months, City staff from various departments, including Police, Fire, Transportation and Mobility, Parking, Public Works, and Facilities and Fleet Management have worked together to develop a modified operational plan for the promenade that balances the needs and desires of the affected residents, property owners, businesses, stakeholder groups, City emergency services, and visitors, and which addresses the safety and operational concerns expressed by DTPW. The proposed modified operational plan included allowing vehicular traffic to access Ocean Drive via arm gates at 14 Place from 6 a.m. to 11 a.m., Monday – Saturday, to allow for curbside freight deliveries. It is worth noting that this time period aligns with most freight loading zone times in the area. The modified operational plan was transmitted to DTPW for its review and consideration on March 3, 2023. Attachment A includes Letter to Commission (“LTC”) #107-2023 dated March 4, 2023 which described the City’s recommended modified operational plan at that time.

 

DTPW responded via a letter dated March 28, 2023 (Attachment B), reaffirming its concerns with the continued use of the alleyway as a detour route for southbound vehicular traffic as a result of limited vehicular access within the promenade. DTPW identified two (2) alternatives that would be acceptable to limit vehicular traffic along the 14 Place/Ocean Court alleyways. In addition, DTPW recommended a 90-day pilot project implementation of the City’s preferred alternative, once selected. Both alternatives proffered by DTPW would allow general vehicular traffic to access the promenade from 6 a.m. to 11 a.m., thus facilitating curbside deliveries for businesses within the promenade during these times.   

 

The City’s internal working group recently met to discuss both DTPW alternatives and evaluate the advantages and disadvantages of each from various perspectives. Subsequently, City staff met with DTPW staff to discuss both alternatives in further detail and provide feedback.

 

At the May 23, 2023 PSNQLC meeting, the PSNQLC discussed the following item sponsored by Commissioner Fernandez: “Discussion Regarding Directing The City Administration To Hold Community Meetings With Ocean Drive Stakeholders On The Feasibility Of Pedestrianizing Ocean Drive During Certain Hours Of The Day Only, While Reopening Ocean Drive To Vehicular Traffic.” During the discussion on this item, the PSNQLC passed a motion by acclamation requesting that the City Commission adopt a resolution strongly urging the Miami-Dade County Commission to maintain the current temporary Ocean Drive Promenade and to allow the City to pilot an extension of the current promenade during certain hours.

 

The City, in coordination with DTPW, conducted a public meeting on June 1, 2023 at 6 p.m. to present both alternatives developed by DTPW and obtain community input prior to making a final recommendation to the City Commission on the preferred alternative. Attachment C includes the presentation shown at the June 1, 2023 public meeting. It is important to note that DTPW is requesting concurrence from the City’s emergency services departments (i.e. Police and Fire) with the City’s preferred alternative, once selected. In addition, once a preferred alternative is selected, the City will need to submit a permit application and methodology for DTPW consideration prior to implementation of a 90-day pilot project.

ANALYSIS

While not the focus of this item, the Administration believes that it is important to provide an analysis of the two (2) alternatives developed by DTPW for the temporary Ocean Drive promenade which the County would be amenable to permit on a pilot basis. As stated above, DTPW is opposed to the current unpermitted configuration of the temporary promenade.   

 

DTPW Alternative 1 (depicted on page 6 of Attachment C) consists of allowing southbound vehicular traffic to access Ocean Drive via arm gates at 14 Place, from 6 a.m. to 11 a.m., Monday – Saturday, which aligns with the time periods when most deliveries and services for the affected businesses occur. Furthermore, an additional arm gate on Ocean Drive at the entrance to the 14 Place alleyway would restrict ingress to service vehicles only. This modified operational plan is expected to drastically reduce the number of vehicles in the alleyway, particularly delivery trucks and service vehicles which currently cannot access Ocean Drive within the promenade portion and must therefore perform services from the alleyway. As such, by reducing the number of trucks and service vehicles during the early morning hours when the bulk of this activity typically occurs, the City Administration believes this operational change will address DTPW’s concern regarding the volume of vehicles using and potentially blocking the alleyway and the challenges associated with that operation. This alternative requires that Ocean Drive be converted to two-way traffic from the 14 Place alleyway to 15 Street to allow for southbound vehicles to be able to perform 3-point turns and head back north to 15 Street to access Collins Avenue. No Outlet signs would be installed at Ocean Drive and 15 Street to deter vehicles from entering Ocean Drive via 15 Street unless absolutely necessary. Alternative 1 is estimated to cost approximately $50,000 as it requires that the City purchase an additional manual arm gate. The cost of the required signage and pavement markings would be nominal.  

 

DTPW Alternative 2 (depicted on page 7 of Attachment C) is similar to Alternative 1 in that it allows vehicular traffic to access Ocean Drive via arm gates at 14 Place, from 6 a.m. to 11 a.m., Monday – Saturday, and also restricts the alleyway to service vehicles only.  However, Alternative 2 proposes to change the directionality of the alleyway to northbound only, as it used to operate prior to the implementation of the temporary promenade.  Similar to Alternative 1, Alternative 2 also requires that Ocean Drive be converted to two-way traffic from the 14 Place alleyway to 15 Street to allow for southbound vehicles to be able to perform 3-point turns and head back north to 15 Street to access Collins Avenue.  No Outlet signs would be installed at Ocean Drive and 15 Street to deter vehicles from entering Ocean Drive via 15 Street unless absolutely necessary; and Do Not Enter signs would be installed at Ocean Drive and 14 Place to deter vehicles from entering the alleyway and traveling westbound (i.e. in the wrong direction). The cost of Alternative 2 is estimated to be minimal as no additional arm gate would be required, and the cost of the required signage and pavement markings would be nominal.     

 

There were approximately 110 attendees at the virtual public meeting on June 1, 2023. During the meeting, participants spoke both in favor of keeping the temporary promenade and against maintaining the promenade in its entirety. While most participants either expressed a preference for or against the temporary promenade, only a few identified a preferred alternative, with only one participant expressing a preference for Alternative 1, and one participant who favored Alternative 2. 

 

Based on the feedback from the City’s internal working group and the input received at the June 1, 2023 public meeting regarding the two alternatives identified by DTPW, the Administration is recommending Alternative 1 as the preferable option.

 

While the Administration has received positive stakeholder feedback about the current unpermitted configuration of the temporary promenade, the City has also received negative feedback including the threat of litigation from impacted stakeholders. It is also important to note that the City’s pending tactical urbanism improvements on Española Way East (from Washington Avenue to Collins Avenue and along 14 Place alleyway) are currently on hold as DTPW has rejected the permit until such time as the temporary Ocean Drive promenade is resolved.

 

NEXT STEPS

Notwithstanding the above, in lieu of selecting one of the two alternatives developed by DTPW, should the City Commission desire to accept the motion of the PSNQLC, at its May 23, 2023 meeting, and adopt a resolution strongly urging the Miami-Dade County Commission to maintain the current temporary Ocean Drive promenade and allow the City to pilot an extension of the current promenade during certain hours, the Administration will craft said resolution and transmit it to the Board of County Commissioners for consideration. 

 

Should the City Commission wish to select one of the two DTPW alternatives as a preferred alternative for the temporary pedestrian promenade, City staff will submit a permit application based on the selected alternative, including a methodology for analysis of a 90-day pilot. The pilot will include traffic data collection and periodic surveys and meetings with Ocean Drive stakeholders to gauge the community’s feedback. Once approved by DTPW, and upon completion of the pilot, the City must submit a signed and sealed report documenting the results. The findings will be utilized to determine whether the pilot is effective or further adjustments are required. The Transportation and Mobility Department has reached out to one of its rotational traffic engineering consultants to prepare a scope of services and price proposal for the traffic analysis required by DTPW for a modified configuration of the promenade on a pilot basis.


Additionally, the City is currently in the process of engaging Calvin, Giordano & Associates, Inc. for the design of Ocean Drive from 5 Street to 15 Street as part of General Obligation (“G.O.”) Bond Project #31 to reconfigure Ocean Drive on a long-term basis pursuant to Request for Qualifications No. 2022-436-ND and the Art Deco Cultural District (“ADCD”) vision plan. The consultant’s scope of work will include analyzing the feasibility of configuring Ocean Drive with two travel lanes, one travel lane, or fully pedestrian. During the design phase, the consultant will hold community meetings to obtain input and provide feedback.

SUPPORTING SURVEY DATA

N/A

FINANCIAL INFORMATION

Maintaining the existing configuration of the temporary Ocean Drive promenade is not anticipated to have a new fiscal impact. The estimated cost of DTPW Alternative 1 is approximately $50,000. If the City Commission approves Alternative 1 as the preferred alternative, funding would need to be identified. The estimated cost of DTPW Alternative 2 would be nominal.

 

Amount(s)/Account(s):
N/A

CONCLUSION

Should the City Commission adopt a resolution accepting the motion of the PSNQLC, at its May 23, 2023 meeting, strongly urging the Miami-Dade County Commission to maintain the current temporary Ocean Drive promenade and allow the City to pilot an extension of the current promenade during certain hours, the Administration will craft said resolution and transmit it to the Board of County Commissioners for consideration. 

 

However, based on the feedback from the City’s internal working group and the input received at the June 1, 2023 public meeting regarding the two alternatives identified by DTPW, the Administration is recommending Alternative 1 as the preferred option for the modified temporary Ocean Drive promenade pilot program.

 

Should the City Commission endorse either DTPW Alternative 1 or DTPW Alternative 2, City staff will continue to work with DTPW on an acceptable methodology for a 90-day pilot, including data collection and stakeholder feedback, in order to obtain a permit for the temporary Ocean Drive promenade.

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 

Strategic Connection

Non-Applicable
Legislative Tracking
Transportation and Mobility

ATTACHMENTS:
Description
Attachment A – LTC Ocean Drive Pedestrian Plaza Pilot – Update #2
Attachment B – Response Letter from Miami-Dade County dated March 28, 2023
Ocean Drive Promenade Presentation 6-1-23 FINAL