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2016-29527 Reso RESOLUTION NO. 2016-29527 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE EXPENDITURE OF BUDGETED FUNDS IN REASONABLE AND NECESSARY AMOUNTS FOR THE PUBLIC PURPOSE OF INFORMING AND EDUCATING VOTERS OF THE CITY OF MIAMI BEACH REGARDING BALLOT QUESTIONS ON THE CITY'S NOVEMBER 8, 2016 SPECIAL ELECTION BALLOTS IN ORDER TO ACHIEVE A MORE INFORMED ELECTORATE VOTE. WHEREAS, the voters of the City of Miami Beach will be presented with City ballot questions on November 8, 2016; and WHEREAS, the Miami Beach City Commission believes that educating the voters on these matters is in the public interest and serves a public purpose; and WHEREAS, in an effort to explain and educate voters on each of these questions through various methods, which may include a video presentation on the City's cable channel, a voter's guide, and other means, the Administration is requesting approval to spend reasonable and necessary budgeted amounts for video production, printing, graphics, translation services, layout, mailing, advertising, and other miscellaneous costs as needed; and WHEREAS, these expenditures will further serve the public purpose, given the City's reasonable expectation that these efforts to explain the ballot questions and educate the voters thereon will result in a more informed electorate vote, benefiting the public good. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein state that the public purpose is served by explaining to and educating the City's voters on the City's ballot questions, which will appear on the City's November 8, 2016 Special Election ballots, and thus hereby approve the expenditure of budgeted funds in reasonable and necessary amounts in furtherance of the aforestated public purpose, which is intended to benefit the public good. 40 PASSED AND ADOPTED this 14th day of September, 2016. "/ / / Philip Levi =,/."ia-9+ //ATTEST: / a-,4, B, r o� ,\ 3 �' '� ' '" ,APPROVED AS TO•1 d. Z �` `L} ,R,° r FORM & LANGUAGE Rafa-I E. Granado, 'sty Cl-rk• S ‘:-.`�:.-- r-`= 'i&FO EXE UTION •,. .. .. c_, .... 0)-,Y'City Attorney`� Dote '• ` 6 TWGENDA\2016\September\ELECTIONS\Voters Education BallotQuestior s 201 resolution final.docx Resolutions - C7 C MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager and Rafael E. Granado, City Clerk DATE: September 14, 2016 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN EXPENDITURE OF BUDGETED FUNDS IN REASONABLE AND NECESSARY AMOUNTS FOR THE PUBLIC PURPOSE OF INFORMING AND EDUCATING VOTERS OF THE CITY OF MIAMI BEACH REGARDING BALLOT QUESTIONS ON THE CITY'S NOVEMBER 8, 2016 SPECIAL ELECTION IN ORDER TO ACHIEVE A MORE INFORMED ELECTORATE VOTE. RECOMMENDATION Adopt the Resolution. ANALYSIS The voters of the City of Miami Beach will be presented with City ballot questions on November 8, 2016. The City Administration believes that educating the voters on these matters is in the public interest and serves a public purpose. In an effort to explain and educate voters on each ballot question, the Administration will be preparing public education information through various methods, which may include a video presentation on the City's cable channel, a voter's guide, and other means. No additional funding is required to educate the public as the Administration will use funds budgeted and appropriated in FY 2015/16 for MB magazine and MBTV for video production, printing, graphics, translation services, layout, mailing, and other miscellaneous costs as needed to disseminate the information. However, the Administration is requesting authorization to spend these previously appropriated funds for this public purpose. These expenditures will further serve the public purpose given the City's reasonable expectation that these efforts at explaining the ballot questions and educating the voters will result in a more informed electorate vote, benefiting the public good. A copy of the Voter's Guide, which was authored by the Office of the City Attorney and edited by the Office of the City Clerk, is attached hereto as Exhibit"A." CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Resolution. KEY INTENDED OUTCOMES SUPPORTED Page 370 of 2277 Enhance External And Internal Communication From And Within The City FINANCIAL INFORMATION No additional funding is required to educate the public, as the Administration will use funds budgeted and appropriated in FY 15/16 for MB Magazine and MBTV. Legislative Tracking Office of the City Clerk/Marketing and Communications ATTACHMENTS: Description ❑ ExhibtA- Voter's Guide ❑ Resolution -Voter Education Page 371 of 2277 VOTER'S GUIDE CITY OF MIAMI BEACH'S NOVEMBER 8, 2016 SPECIAL ELECTION GENERAL INFORMATION — DATES: October 11, 2016: Deadline to register to vote. October 24 through November 6, 2016: Early Voting. Vote at any of the Miami-Dade County Early Voting sites, including the two sites located within the City of Miami Beach: • Miami Beach City Hall (1st Floor Conference Room), 1700 Convention Center Drive, Miami Beach, and • North Shore Branch Library (Program Room), 7501 Collins Avenue, Miami Beach. For Early Voting times and additional Early Voting sites in Miami-Dade County contact the Miami-Dade Elections Department at 305.499.VOTE (8683) or 305.499.8480 (TTY), or visit their website at http://www.miamidade.gov/elections/home.asp. November 2, 2016: Deadline to request a Vote-By-Mail ballot. November 8, 2016: Election Day. Vote at the designated precinct printed on your Voter Information Card issued by Miami-Dade County. PURPOSE OF THIS VOTER'S GUIDE: During the November 8, 2016 General Election, the City of Miami Beach will be conducting a Special Election for the purpose of submitting three ballot questions to the City's voters. The City's ballot questions, as set forth herein and followed by a brief explanation, will appear on the November 8, 2016 ballot, following any national, state, or county issues. The purpose of this Voter's Guide is to provide objective, impartial, and fact-based explanations of the City's ballot questions, so that City voters may, in casting their votes, be more informed with respect to the City issues presented to them at the polls. The explanations are intended to provide general information, and members of the public seeking further information may contact the Office of the City Clerk at 305.673.7411 or visit the City Clerk's website at http://www.miamibeachfl.gov/cityclerk/elections/. Additional information regarding voter registration, Vote-By-Mail, Early Voting, finding your precinct, and how to obtain a customized sample ballot may be obtained by visiting the Miami-Dade County Elections Department webpage at http://www.miamidade.gov/elections/home.asp or calling 305.499.VOTE (8683) or 305.499.8480 (TTY). 1 Page 372 of 2277 CITY BALLOT QUESTIONS WITH EXPLANATIONS: Ballot Question 1 City Code Section 2-459: Establish Additional Exception to Prohibition on Lobbying by City Board Members City Code Section 2-459 prohibits City board members and their associates from lobbying City personnel and agencies. Should this section be amended to include an exception allowing land use board (Board of Adjustment, Design Review Board, Historic Preservation Board, Panel of Architects, and Planning Board) members who are architects or landscape architects to lobby City personnel and agencies on land development applications, except for applications before the board on which they serve? Explanation of Ballot Question 1 In 1997, the Miami Beach City Commission adopted several laws affecting the City's Code of Conduct for City officials and employees. These laws included City Code Section 2-459, which prohibits City board members from directly or indirectly lobbying (seeking to encourage particular action on a specific issue) City personnel, boards, and agencies. Since its enactment almost two decades ago, however, the broadly worded lobbying prohibition in City Code Section 2-459 has hindered the City's ability to recruit and retain qualified architects and landscape architects to serve on the City's land use boards (Board of Adjustment, Design Review Board, Historic Preservation Board, Panel of Architects, and Planning Board). City Code Section 2-459 prohibits City board members, including architects and landscape architects who serve on land use boards, from appearing before any City board (including the City's land use boards) to seek relief on behalf of their clients. As a result, fewer qualified architects and landscape architects have applied for membership on the City's land use boards. The City's land use boards are (by law or practice) primarily composed of architects or landscape architects. As such, the City's inability to attract and retain qualified architects and landscape architects to serve as members of the City's land use boards has disrupted the City's ability to fill vacant membership seats on these boards. Vacancies on land use boards often result in the boards' inability to take action due to lack of quorum (requiring the continuation of agenda items to a future board meeting and delays to land development approvals). This ballot measure addresses the above concerns by proposing a City Code amendment that would add the following limited exception to the lobbying prohibition in City Code Section 2-459: architect and landscape architect members of the City's land use boards would remain prohibited from lobbying members of the board on which they serve and that board's related City staff. Such board members could, however, lobby the City's other land use boards. This proposed City Code amendment is consistent with Miami-Dade County's ethics rules for its board members. (The Miami-Dade County Ethics Code prohibits members of County boards from lobbying only those boards on which such members serve.) Ballot Question 2 Lobbyists' annual disclosure of expenditures/compensation City Code section 2-485 requires that lobbyists file annual statements listing all lobbying expenditures and compensation received for the preceding calendar year regarding each issue the lobbyist was engaged to lobby, such statement to be filed even if there were no such expenditures or compensation. Shall this Code section be amended to provide that annual statements need not be filed by lobbyists if there have been no such expenditures and compensation during the reporting period? 2 Page 373 of 2277 Explanation of Ballot Question 2 The City's Ethics Code currently requires that persons who lobby (seek to encourage particular action on a specific issue) City personnel must file with the City Clerk an annual statement disclosing all lobbying expenditures and compensation received for the preceding calendar year regarding each issue the lobbyist was engaged to lobby. Lobbyists who fail to timely file these annual disclosures are subject to fines imposed by the Miami-Dade County Ethics Commission, even if a lobbyist has no expenditures or compensation to report during a particular reporting period. Pursuant to the request of the Miami-Dade County Ethics Commission, the City Commission has presented to you the above ballot measure, proposing a City Code amendment that would delete the requirement that lobbyists file these annual statements in those instances in which a lobbyist has no expenditures or compensation to report. In 2012, the Miami-Dade County Commission removed an identical reporting requirement from the County's Ethics Code, based in part upon its concern that a disproportionate amount of the County Ethics Commission's investigatory resources was being devoted to these reports. The County Ethics Commission, which enforces alleged violations of the City's Ethics Code, has stated that the City's reporting requirement may no longer serve a significant public purpose, particularly because of the fact that a vast majority of lobbyists subject to penalties for untimely filing have not incurred any expenditures or compensation during the reporting period. (The City Clerk has analyzed lobbyist reports filed in 2015, and has determined that 84% of the lobbyists cited for filing an untimely report had no compensation or expenditures to report.) If the voters approve this City Code amendment, lobbyists will still be required to file an annual expenditure and compensation statement, but only in the event they have expenditures or compensation to report during the preceding calendar year. This City Code amendment will not change the City Code's requirement pertaining to mandatory annual lobbyist registration. Ballot Question 3 Advisory, Non-binding Straw Ballot Question: Alcohol regulations for Ocean Drive between 5th - 15th Streets Should the Mayor and City Commission adopt an Ordinance stopping the sale and consumption of alcoholic beverages at 2:00 a.m., instead of 5:00 a.m., for alcoholic beverage establishments located on Ocean Drive between 5th and 15th Streets, except for indoor portions of alcoholic beverage establishments that are completely enclosed and located entirely within hotels? Explanation of Ballot Question 3 Currently, alcoholic beverage establishments located on Ocean Drive, between 5th and 15th Streets, are permitted to serve alcoholic beverages until 5:00 a.m. each day. This advisory, non-binding straw ballot question asks the voters whether the Mayor and City Commission should adopt an Ordinance requiring that alcoholic beverage establishments located on Ocean Drive, between 5th and 15th Streets, stop the sale of alcoholic beverages at 2:00 a.m., except for indoor portions of alcoholic beverage establishments that are completely enclosed and located entirely within hotels. 3 Page 374 of 2277