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2013-28408 Reso RESOLUTION NO. 2013-28408 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE CERTIFICATE OF THE RESULTS OF THE NOVEMBER 5, 2013 GENERAL ELECTION FOR THE CITY OF MIAMI BEACH. WHEREAS, pursuant to City of Miami Beach Resolution No. 2013-28347, the Miami- Dade County Canvassing Board was appointed and authorized to act as the Canvassing Board for the City of Miami Beach's November 5, 2013 General and Special Elections; and WHEREAS, the results of the November 5, 2013 General Election have been certified by the Miami-Dade County Canvassing Board; and WHEREAS, the candidates for Mayor and City Commissioner Groups I, II, and III of the City of Miami Beach have received the number of votes cast as reflected more specifically within the Certification of Elections attached hereto as Composite Exhibit "A" and incorporated herein. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Miami-Dade County Canvassing Board having canvassed the returns of the November 5, 2013 General Election of the City of Miami Beach, the Mayor and City Commission hereby adopt the certificate as to the results of said General Election and it is hereby ordered that the Certificate of Election and this Resolution be recorded in the minutes of the November 12, 2013 City Commission meeting as a permanent record of the results of the November 5, 2013 General Election. PASSED and ADOPTED this 12th day of November, 2013. ATTEST: E RA BOWER, M OR RAFAE E. GRANA O, CITY CLERK �°r • �� APPROVED.AS TO � °•••'' • •.'�� FORM&LANGUAGE �' •.: &FOR EXECUTION FAATTO\TURN\R (3S\a3J"F r ov. 0 docx .4".% /� .(� i y Attorney tatS 2C OFFICIAL CERTIFICATE OF COUNTY CANVASSING BOARD OfIgIf18I with Agenda Item RJR Resolution No. 2013-28407 gate -ia-> *'Official** CERTIFICATE OF COUNTY CANVASSING BOARD STATE OF FLORIDA) . MIAMI-DADE COUNTY) We, the undersigned, County Judge SHELLEY J. KRAVITZ, Chairperson, County Commissioner JEAN MONESTIME, Substitute Member, and Supervisor of Elections PENELOPE TOWNSLEY, Member, constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the 8th day of November, 2013, A.D., and proceeded to publicly recount the votes cast for the office herein specified at the City of Miami Beach General and Special Elections held on the 5th day of November, 2013, A.D., as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows: For MAYOR, the whole number of votes cast was 11,175 of which number Steve Berke received 1,355 Votes Michael Gongora received 4,072 Votes . Raphael Herman received 107 Votes Philip Levine received 5,641 Votes MIAMI-DADE COUNTY CANVASSING BOARD: County Judge SHELLEY J. KRAVITZ Chairperson County'etmmis r k MONESTIME Substitute Mem er Supervisor of Ele i PENELOPE TOWNSLEY Member 0 s EI • • � 0 • 1 COMPOSITE EXHIBIT A ' M L CIO rl t0 ONO'14,tO O O W 0- w Q O 00000 U O CL W W W .--1 -4--:r Ln 00 CC) kO ON 00 N0��000 N N N .-i ri N O 7 W .--� m N 00 00-4 W -I:r r`Ln%0 19t W 1- M m (3)n H Z M rr .•-1 M W N C13 Q O O O O O O O Z �+ O H W U J W LL J W Y Q Z r-4 t0 Ln O 4 0 Cl)1- 0 O O Ln r`40 r 4 Ln U O N N WU N ri N� CL O NWU) O O J Q d' W Q 0 W m U�f •X:W Li..Q: pp Z r-4 qt O M Cl)M -4 t m - de C` N tp •O N m r.. LNnnO�r- W r-1 C7 O r1 t0.--4 1 O ri r1� Ln.--4 J H O J 1`Y O LLH 2 . O J U C) v O F- W M WWR m Z L C c O? rn E to C to _ .\1 Up y1Y O a)) >O r H LJ Z m H H U O? () CL) 0. 0•-4 N O Y- CJ �O �O•r F, W C7 J O 4) 0) U Cl•r- �•-� O dCCm y ON�CL'a Official CERTIFICATE OF COUNTY CANVASSING BOARD STATE OF FLORIDA) I MIAMI-DADE COUNTY) We, the undersigned, County Judge SH LLEY J. KRAVITZ, Chairperson, County Commissioner JEAN MONESTIME, Substitute Member, and Supervisor of Elections PENELOPE TOWNSLEY, Member, constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the 8th day of November, 2013, A.D., and proceeded to publicly canvass the votes cast for offices and proposals herein specified at the City of MiaMi Beach General and Special Elections held on the 5th day of November, 2013, A.D., as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows: For MAYOR, the whole,number of votes cast was 11,176 of which number Steve Berke received 1,355 Votes Michael Gongora received 4,071 Votes Raphael Herman received 107 Votes Philip Levine received 5,643 Votes For GROUP I -COMMISSIONER, the whole number of votes cast was 10,248 of which number Mohammed Islam received 411 Votes Sherry Kaplan Roberts received 2,692 Votes J Micky Steinberg received 3,849 Votes Elsa Urquiza received 3,296 Votes e S e e e 1 of 4 1 "Official" For GROUP II -COMMISSIONER, the whole number of votes cast was 10,153 of which number Dave Crystal received 1,858 Votes Jorge Exposito received 4,650 Votes Michael Grieco received 3,645 Votes For GROUP III - COMMISSIONER, the whole number of votes cast was 10,336 of which number Roger Abramson received 1,604 Votes Matti Herrera Bower received 4,568 Votes Joy Malakoff received 4,164 Votes Prohibition of Discrimination by City of Miami Beach in Employment Practices and Benefits Offered Shall paragraph A(17) of the Miami Beach City Charter Citizens' Bill of Rights be created banning discrimination in employment practices and benefits offered by the City of Miami Beach based upon an employee or applicant's race, color, national origin, religion, gender, sexual orientation, gender identity, disability, marital status, familial status, or age? YES 8,702 Votes NO 1,487 Votes Improvement of Public Educational Facilities Available to Miami Beach Citizenry Shall paragraph A(19) of the-Miami Beach City Charter Citizens' Bill of Rights be created to set forth therein the City of Miami Beach's policy to cooperate with the Miami-Dade County Public Schools, and with other appropriate governmental agencies, which will strive to improve the quality and quantity of public educational facilities available to the citizenry of the City of Miami Beach, Florida? YES 8,092 Votes NO 1,597 Votes 1 1 I "Official" City Assistance to Condominium and Co-op Owners Shall paragraph A(20) of the Miami Beach City Charter Citizens' Bill of Rights be created to acknowledge the purpose and duties of the City's administration as assisting condominium and co-op owners to navigate through the City's permitting process; facilitate resolution of other condominium-related issues with other outside agencies; and act as a liaison between condominium or co-op owners, management firms and the City? YES 6,620 Votes NO 2,833 Votes Citywide Referendum Required to Repeal or Reduce Protections in City Code Chapter 62 Human Relations") Shall Section 1.07 of the Miami Beach Charter be created to require a majority vote in a Citywide election to repeal, diminish, or otherwise negatively impact a right or duty established in City Code Chapter 62 ("Human Relations") that inures to the benefit of a member of the classification categories of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital status, familial status, and age as defined in City Code Section 62-31? YES 6,432 Votes NO 2,577 Votes Amending Charter Section 1.03(b) Re: Voter Approval of Certain City-Owned Property Shall Charter Section 1.03(b) requiring majority voter approval before City's sale, lease exceeding ten years, exchange or conveyance of Convention Center Parking Lots be changed to: a Require 60% voter approval instead; and ® Include "Convention Center Campus" (all City-owned property within Civic and Convention Center District except Convention Center and Carl Fisher Clubhouse) within ' category of City-owned properties subject to 60% voter approval requirement? YES 6,684 Votes NO 3,196 Votes ® 0 S 0 e c i I E I e c t i • P.0- **Official** Advisory, Non-binding Straw Ballot(question— Medicinal Marijuana Resolution Should the City Commission adopt a resolution urging the Federal Government and the Florida Legislature to decriminalize and authorize the medicinal use of marijuana? YES 6,686 Votes NO 3,750 Votes i MIAMI-DADE COUNTY CAWASSING BOARD: County Judge SHELLEY J. 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CA cc m W O O cn 0)O CY d Of O 'o MIAMIBEACH OFFICE OF THE CITY ATTORNEY JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR MATTI HERRERA BOWER MEMBERS OF THE CITY COMMISSION CITY MANAGER JIMMY MORALES FROM: JOSE SMIT CITY AT NEY DATE: NOVEMBER 12, 2013 SUBJECT: RESOLUTIONS REGARDING CITY OF MIAMI BEACH GENERAL ELECTION RESULTS AND CALLING RUN-OFF ELECTION The attached Resolutions formally adopt the certificate of results of the City of Miami Beach November 5, 2013 General Election, and call for the City of Miami Beach November 19, 2013 Run-Off Election, made necessary as a result of no candidate for Commission Groups I, II, and III from the General Election having received a majority of votes cast. Accordingly, and pursuant to Miami Beach City Charter Section 2.01, a Run-Off Election shall be called for November 19, 2013 between the two candidates for Commission Groups I, II, and III receiving the highest number of votes in the General Election. In addition, prior to the canvassing of provisional ballots, the unofficial returns for the General Election reflect that a candidate for the office of the Mayor may be defeated or eliminated by one-half of a percent or less of the votes cast for such office. Provisional ballots will be counted on Friday, November 8, 2013 at 10:00 a.m. If, after counting the provisional ballots, the differential is still one-half of a percent or less of all votes cast for such office, then a mandatory machine recount shall be conducted by the Miami-Dade County Elections Department at 1:00 p.m. If a run-off election for Mayor is needed, the Resolution calling for the November 19, 2013 Run-Off Election shall be amended accordingly to also call for a run-off election for Mayor. The Run-Off Election results for Commission Groups I, II, and III, and if needed for the Mayor, will be adopted by the Miami Beach City Commission on November 25, 2013, followed by the swearing in of all newly-elected officials. J S/DT/sc FAATTO\TURN\COMMMEMO\Runoff-Nov 2013.docx Agenda Item � 1 Date -I-