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Home My Public Portal About20-12 Future Agenda Items1st Reading/Public Hearing: July 8, 2020 2nd Reading/Public Hearing: September 9, 2020 Adopted: September 9, 2020 Effective Date: September 9, 2020 Sponsored By: Commissioner Bass, Mayor Pigatt, Vice Mayor Davis ORDINANCE NO. 2020-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ARTICLE II, DIVISION 2, SECTION 2-45 ENTITLED "AGENDA" TO ALLOW FOR A PORTION OF EACH REGULAR CITY COMMISSION AGENDA TO INCLUDE "FUTURE AGENDA ITEMS"; PROVIDING FOR SEVERABILITY, CONFLICT AND REPEALER, INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Opa-Locka, Florida ("City Commission") desires to give the City Manager the best opportunity to utilize city staff resources by focusing on commission items that have a majority of City Commission's support before items are placed on a City Commission Agenda for a final vote; and WHEREAS, the City Commission desires to amend Article II, Division 2, Section 2-45 of the City of Opa-Locka's Code of Ordinances to add "Future Agenda Item" to the Commission Agenda; and WHEREAS, several cities have a portion of the regular City Commission agenda set aside for a discussion of "Future Agenda Items", which allows staff time to better prepare commission items following thoughtful discussion by the City Commission; and WHEREAS, Future Agenda Items require a majority vote to discuss an item at the following commission meeting and provides city staff with more guidance in the preparation of commission items, thereby giving items a better opportunity for passage; and WHEREAS, the City Commission finds that allowing a portion of each regular commission agenda to include "Future Agenda Items" is in the best interest of the City of Opa-Locka. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Ordinance No. 2020-12 Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. Amending Article II, Division 2, Section 2-45 of the City of Opa- Locka's City's Code of Ordinances entitled "Agenda" to allow for a portion of each regular commission agenda to include "Future Agenda Items" and shall specifically read: Sec. 2-45. - Agenda. (a) There shall be an official agenda for every meeting of the city commissioners, which shall determine the order of business conducted at the meeting. The city commission shall not take action upon any matter, proposal, or item of business which is not listed upon the official agenda, unless permitted by four -fifths vote of the commission. (b) The commission shall not take action upon any matter when it is first presented to the commissioners in a report or reports made by the city commissioners. (c) The agenda shall be prepared by the city clerk in the following order or form: (1) Call to order; (2) Roll call; (3) Invocation; (4) Pledge of allegiance; (5) Awards/ proclamations/ acknowledgements; (6) Approval of consent agenda and pull list (deferrals and deletions); If any city commissioner is desirous of discussion on any item appearing on the consent agenda, said item shall be pulled for discussion and placed under "action items" and an ensuing vote taken thereafter. After the official agenda has been closed, by the city clerk, no items shall be added to the consent agenda. (7) Approval of agenda; (8) Approval of minutes; (9) District one/ district two — County commissioner report; (10) Public presentations of matters; Page 2 Ordinance No. 2020-12 (Persons desiring to address the commission enter their name and subject matter on an agenda located at the lectern, prior to the start of the meeting;) (11) Citizens' forum; (12) Action items; (13) The consent agenda; (14) New items; (15) Planning and zoning: A. Hearings; B. Appeals; (16) Ordinances/ resolutions/ public hearing; A. First reading; B. Second reading/public hearing; C. Resolutions; (17) City manager's report; (18) Official board reports; (19) Future Agenda Items (20) Mayor/commission reports; ( (210) Official board appointments; (221) Adjournment. (d) Future Agenda Item. Unless otherwise set forth herein, city commissioners shall agree by majority vote on items to be placed on a commission agenda. Decisions regarding the placement of an agenda item shall be made by the commission no later than the meeting immediately preceding the placement of the item to be discussed and voted upon. A portion of each regular commission agenda shall be set aside for discussion of future agenda items to be considered by the city commission. The city administrator or designee and the city attorney may agenda an item for discussion and Page 3 Ordinance No. 2020-12 vote, without commission consideration, if the item involves the regular business and administration for smooth operations of the city. (de) The number of consent agenda items to be sponsored by each member of the city commission. Each member of the city commission shall be permitted to sponsor four (4) consent agenda items per commission meeting. (ef) Preparation of agendas. (1) All requests for placement of items on a city commission agenda by the mayor, commissioners, department heads and any other party must be submitted to the city manager for fiscal impact analyses, by no later than 12:00 p.m. on the Monday, twelve (12) business days prior to the regularly scheduled commission meeting; (2) The city manager shall serve as a central repository of the items, prepare any financial impact statements and forward all requests for legislation to the city attorney no later than 5:00 p.m. on the Monday, nine (9) business days before the agenda is printed and disseminated: (3) The city attorney shall prepare all legislative items; approve all items for legal sufficiency and submit the completed items to the clerk' s office no later than 12:00 p.m. on the Monday, four (4) business days before the agenda is disseminated; (4) All agenda requests shall be submitted in writing, explaining specifically the requested legislation and include all back-up materials; (5) The clerk is required to time stamp any items not submitted electronically and shall not accept any items passed the deadline for inclusion on the upcoming agenda, but shall place untimely item on the next agenda; (6) Emergency items must be submitted by noon on the Tuesday before the Commission meeting, but only if the requesting party certifies the item to be an emergency affecting life, health, property, or the financial stability of the city; and if the commission concurs at the meeting; (7) These procedures shall supersede any prior legislation on this topic. Section 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or Page 4 Ordinance No. 2020-12 applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. Section 4. Conflict & Repealer. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 5. Inclusion in Code. It is the intention of the City Commission of the City of Opa-Locka that the amendments contained of this Ordinance shall, at some time in the future, become and be made a part of City of Opa-Locka's Code of Ordinances and that the sections of this Ordinance may be renumbered or re -lettered and the word "Ordinance" may be changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 6. Effective Date. This Ordinance shall take effect immediately upon its adoption on second reading. PASSED AND ADOPTED this 9th day of September, 2020. Matthew A. Pigatt, Mayor Page 5 Ordinance No. 2020-12 ATTEST: Joajna Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: -M7/C 'cam Burnadette Norris -Weeks, P.A. City Attorney Moved by: Commissioner Bass Seconded by: Vice Mayor Davis VOTE: 5-0 Commissioner Bass YES Commissioner Burke YES Commissioner Kelley YES Vice -Mayor Davis YES Mayor Pigatt YES Page 6