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2016-29662 Reso RESOLUTION NO. 2016-29662 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE CERTIFICATE OF COUNTY CANVASSING BOARD FOR THE NOVEMBER 8, 2016 SPECIAL ELECTION FOR THE CITY OF MIAMI BEACH, AND DECLARING RESULTS THEREOF. WHEREAS, the Certificate of the results of the November 8, 2016 City of Miami Beach Special Election has been received from the Miami-Dade County Supervisor of Elections, is attached hereto as Composite Exhibit "A," and is incorporated herein; and WHEREAS, said Certificate reflects that Question "A"as set forth below was not approved by the electorate of the City of Miami Beach'; and Question "B" as set forth below was not approved by the electorate of the City of Miami Beach. 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 8, 2016 Special Election of the City of Miami Beach, the Mayor and City Commission hereby adopt the Certificate of County Canvassing Board for said Special Election and it is hereby ordered that the Certificate and this Resolution be recorded in the After Action minutes of the December 14, 2016 City Commission meeting as a permanent record of the results of said Special Election; and be it further resolved that, as a result of the City of Miami Beach November 8, 2016 Special Election, the votes upon the questions presented reflect the following final results: ' The two ballot questions have been lettered "A" and "B" for ease of reference herein only and were not so lettered on the ballot. An additional ballot question titled "Advisory, Non-binding Straw Ballot Question/Alcohol regulations for Ocean Drive between 5th - 15th Streets" was withdrawn, pursuant to Resolution 2016-29589, adopted on September 27, 2016, and votes cast for the measure did not count. QUESTION "A": 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? YES 11,823 NO 16,054 QUESTION "B": 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? YES 12,488 NO 15,981 BE IT FURTHER RESOLVED AND DETERMINED that Questions "A" and "B" were disapproved. PASSED AND ADOPTED this 14th day of December, 2016. / ice, -` �, \P, ••. .. ... .. ....C� ATTEST: 4 I1 I * INCORP ORATED: , Rafael E. Granado, Ci y Clerk ` cH 26 T:'AGENDA\2016\December\City Clerk-Election\Accepting Election Results of November 8 2016 Special Election.docx APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION - Clty Attorney"" Dote 2 Resolutions -C7 J MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael E. Granado, City Clerk DATE: December 14, 2016 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE CERTIFICATE OF COUNTY CANVASSING BOARD FOR THE NOVEMBER 8, 2016 SPECIAL ELECTION FOR THE CITY OF MIAMI BEACH,AND DECLARING RESULTS THEREOF. RECOMMENDATION Adopt the Resolution. ANALYSIS Attached hereto is a Resolution adopting the Certificate of County Canvassing Board for the November 8, 2016 Special Election for the City of Miami Beach, and declaring results thereof. The Miami-Dade County Supervisor of Election's Certificate of the results is attached to the Resolution, and upon the City Commission's acceptance thereof via passage of this Resolution, all City Commission election activities related to the City's November 8, 2016 Special Election shall be concluded.[1] The Certificate reflects that the votes upon the questions presented reflect the following final results: QUESTION "A": 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? YES 11.823 NO 16.054 QUESTION "B": Lobbyists'annual disclosure of expenditures/compensation Page 382 of 1191 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? YES 12.488 NO 15.981 Neither Question "A" nor Question "B"was approved by the voters of Miami Beach. [1] The two ballot questions have been lettered "A" and "B" for ease of reference herein only and were not so lettered on the ballot. An additional ballot question titled "Advisory, Non-binding Straw Ballot Question/Alcohol regulations for Ocean Drive between 5th - 15th Streets" was withdrawn by the City Commission, pursuant to Resolution 2016-29589, adopted on September 27, 2016, and votes cast for that measure did not count. Legislative Tracking Office of the City Clerk ATTACHMENTS: Description o Resolution -Adopting Certificate of Results Page 383 of 1191