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Home My Public Portal AboutOrdinance No. 2024-07 - Ordinance to add placement of Future Agenda Items to the City Commission AgendaSponsored by: Commissioner Williams ORDINANCE NO. 2024-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ARTICLE II, DIVISION 2, SECTION 2-45 OF THE CITY OF OPA- LOCKA'S CODE OF ORDINANCES TO ADD THE PLACEMENT OF "FUTURE AGENDA ITEMS" TO THE CITY COMMISSION AGENDA; REQUIRING A MAJORITY VOTE FOR PLACEMENT OF SAID ITEMS; PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICT AND REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-Locka ("City") previously passed Ordinance 2023-03, amending Article II, Division 2, Section 2-45 of the City of Opa-Locka's Code of Ordinances, entitled "agenda" to delete all references to "future agenda items"; and WHEREAS, the Ordinance repealed provisions of previously adopted Ordinance 20-12, which required a section for "future agenda items" because such items provided the City Administration with the opportunity to conduct adequate research and focus on priorities of the majority of the City Commission prior to a final vote; and WHEREAS, the City Commission now desires to add placement of "Future Agenda Items" back to the City Commission agenda and require a majority vote of the City Commission prior to placement of an item on a City Commission agenda. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS: Section 1. Adoption of Representations. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. Amending Article II, Division 2, and Section 2-45 City of Opa-Locka Code of Ordinances entitled "Agenda" to allow for a portion of each regular commission agenda to include "Future Agenda Items" and shall specifically read: Ordinance No. 2024-07 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; (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; 2 Ordinance No. 2024-07 (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; (21) Official board appointments; (22) 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 vote, without commission consideration, if the item involves the regular business and administration for smooth operations of the city. 3 Ordinance No. 2024-07 (e) 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. (f Preparation of agendas. (1) Except in the case of future agenda items, all requests for placement of items on a regular city commission agenda by the mayor, commissioners, a department heads shall 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 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. Other Language Remaining Same. All other language set forth in Article II, Division 2 Entitled Rules of Procedure, Section 2-45 entitled Agenda shall remain the same. 4 Ordinance No. 2024-07 Section 4. Conflict & Repealer. All ordinances, parts of ordinances or code provisions in conflict herewith ordinance are hereby repealed. Section 5. 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 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 6. Inclusion In Code. It is the intention of the City Commission of the City of Opa-Locka that the provisions of this Ordinance shall at some time in the future become and be made a part of the Code of Ordinances of the City of Opa-Locka 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; provided, however, that Section 1 hereof or the provisions contemplated thereby shall not be codified. Section 7. Effective Date. This Ordinance shall take effect immediately upon its adoption on second reading. PASSED FIRST READING this 28th day of February, 2024. PASSED SECOND READING this 27th day of March, 2024. 5 Ordinance No. 2024-07 John H. Tayi ." r., Mayor ATTEST: APPROVED AS TO FORM AND AL SUFFICIENCY: nna Flores, City Clerk City Attorney urnadette Norris -Weeks, P.A. Moved by: Commissioner Bass Seconded by: Commissioner Williams VOTE: 3-2 Commissioner Bass YES Commissioner Kelley NO Commissioner Williams YES Vice Mayor Ervin YES Mayor Taylor NO 6 DocuSign Envelope ID: 034EB04A-9C8D-4415-A82A-1 EF4032051 BD City of Opa-Locka Agenda Cover Memo DocuSIgned by: City Manager: Darvin E. Williams CM Signature: I,Ur�w „c-- C46C07C1 E8DE492... Commission Meeting Date: 02.15.2024 Item Type: (EnterX in box) Resolution Ordinance Other X Fiscal Impact: (EnterXin box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X X X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Account#: Enterprise Fund (Enter Fund & Dept) See the Financial Impact Section Advertising Requirement: (EnterXin box) Yes No X Contract/P.O. Required: (EnterXin box) Yes No RFP/RFQ/Bid#: Piggyback X Strategic Plan Related (EnterXin box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Area: um Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X m • MI • • Sponsor Name Commissioner Williams Department: City Commission Short Title: A resolution of the City Commission of the City of Opa-locka to authorizing the repeal of Ordinance No. 2023- 03 and re-establishing the subsection of Article II, Division 2, Section 2-45 entitled "future agenda items" Staff Summary: Ordinance 2023-03 amended Article II, Division 2, Section 2-45 entitled "agenda" to delete all references to "future agenda items". Previously adopted by Ordinance 20-12, the addition of the subsection "future agenda items" to the City Commission agenda provided the City Administration with the opportunity to conduct adequate research and focus on commission items that has a majority vote prior to being placed on the agenda for a final vote. The repeal of this Ordinance will ensure that agenda items can be properly structured and will include the intent of the legislation with the guidance of the City Commission. There shall also be a revision in the submission timeline to ensure City Administration can meet the deadlines . The current DocuSign Envelope ID: 034EB04A-9C8D-4415-A82A-1EF4032051BD schedule causes conflict and does not provide sufficient time between the previous meeting and the submission of agenda items for the next Commission meeting. Financial Impact: There is no financial impact for this item. Proposed Action: Staff recommends the City Commission the repeal of Ordinance No. 2023-03 and re-establishing the subsection of Article II, Division 2, Section 2-45 entitled "future agenda items". Attachment: Resolution 2020-12 Resolution 2023-03 24 I N NEIGHBORS I KAREN BLEIER AFPIGeay Images File A federal indictment says a Miami man used the mails to threaten the life of a federal judge. An inmate (rape, murder) threatened to kill a Miami federal judge, indictment says BY DAVID 1. NEAL dneal@miamiheratd.com Murder is among the reasons Miami's Marcus Pratt now lives in a Florida prison, and murder is what a federal court in- dictment says Pratt threat- ened a Miami federal judge with in letters sent last year. The three letters, ac- cording to the indictment filed last week, were handwritten and signed by Pratt. Pratt is charged with three counts of mailing threatening communi- cations and three counts of influencing, impeding or retaliating against a federal judge. Each count carries a possible sentence of 10 years, although max- imum sentences rarely are given. Since 2010, the 38 -year - old Pratt — aka Jamal Pratt, Marquis Pratt, Do- novan Reed — has been in Florida Department of Corrections custody at Okaloosa Correctional Institution in Crestview. In the 10 months after he finished an eight -month prison stint for grand theft, robbery and moving cocaine, Pratt sold cocaine too close to a school; kid- napped and raped some- one; then committed sec- ond-degree murder. He was sentenced on Feb. 15, 2010. Online corrections records put Pratt's scheduled release at June 17, 2033. Visitation for him has been suspend- ed. LETTERS FROM OKALOOSA JAIL? The indictment didn't make clear what connec- tion exists between Pratt and U.S. District Court Judge Kevin M. Moore. The target of the letters is named only by the initials "K.M.M." in the indict- ment. Moore did his under- graduate work at Florida State University before moving on to Fordham Law, where he graduated in 1976. He has been a federal judge since being nominated by President George H.W. Bush in 1992 and was chief judge from 2014 through 2021. The indictment says the first letter, dated Aug. 2, 2023, was addressed to a "Chief Judge" at the fed- eral courthouse said Pratt's "associates would "kill" Moore. A Sept. 27 letter addressed to Moore, the indictment said, re- peated the earlier threat to kill Moore and added whoever else happened to be home at the time. The Oct. 10 letter addressed to Moore, the indictment said, promised that Pratt's pals would kill Moore "very soon." David J. Neal: 305-376-3559, @DavidlNeal SUNDAY MARDI 172024 CITY OF OPA-LOCKA, FLORIDA NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka, Florida will hold public hearings at the Regular Commission Meeting on Wednesday, March 27, 2024 at 7:00 p.m., in the City Commission Chambers at the Opa-locka Municipal Complex, 780 Fisherman Street, 3m Floor, Opa-locka, Florida, to consider the following Items for final adoption: SECOND READING ORDINANCES / PUBLIC HEARINGS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ARTICLE 11, DIVISION 2, SECTION 2-45 OF THE CITY OF OPA-LOCKA'S CODE OF ORDINANCES TO ADD THE PLACEMENT OF "FUTURE AGENDA ITEMS" TO THE CITY COMMISSION AGENDA; REQUIRING A MAJORITY VOTE FOR PLACEMENT OF SAID ITEMS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR AN EFFECTIVE DATE (first reading/public hearing was held on February 28, 2024). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ARTICLE X.5 OF THE CITY OF OPA-LOCKA'S CODE OF ORDINANCES TO ESTABLISH THE CITY OF OPA-LOCKA'S HOUSING AND SOCIAL SERVICES DEPARTMENT; PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICT AND REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE (first reading/public hearing held on February 28, 2024). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, PIGGYBACKING THE SOURCEWELL COOPERATIVE PROGRAM AGREEMENT 101221 -VTR WITH ENVIRONMENTAL PRODUCTS GROUP, INC. TO ACCEPT A FOUR-YEAR CAPITAL LEASE AGREEMENT FOR THE PURCHASE OF A VACTOR MODEL 21151 MOUNTED ON A NEW 2023 FREIGHTLINER MODEL 114SD TRUCK CHASSIS, IN THE AMOUNT OF FIVE HUNDRED TWENTY-FOUR THOUSAND FOUR HUNDRED TWO DOLLARS AND EIGHTY-EIGHT CENTS ($524,402.88), AT AN INTEREST RATE OF 5.69%; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION/PUBLIC HEARING: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, DECLARING CERTAIN CITY PROPERTY, IDENTIFIED AS FOLIO NO. 08-2129-005-1621, AS SURPLUS PROPERTY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. All Interested persons are encouraged to participate and will be heard with respect to the public hearings. Additional Information on the above items may be obtained by contacting the Office of the City Clerk by telephone 305-953-2800 or email jflores@opalockafl.aov. To participate or provide comments virtually, please register on the City of Opa-locka website at www.opalockafl.aov no later than 7:00 p.m. on Wednesday. March 27, 2024. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in the proceeding should contact the Office of the City Clerk at (305) 953-2800 for assistance not later than five (5) days prior to the proceeding. If hearing impaired, you may telephone the Florida Relay Service at (800) 955-8771 (TTY), (800) 955-8770 (Voice), (877) 955-8773 (Spanish) or (877) 955-8707 (Creole). PURSUANT TO FS 286.0105: Anyone who desires to appeal any decision made by any board, agency, or commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings, and for that reason, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal may be based. Joanna Flores, CMC City Clerk City of Opa-locka Sponsored By: Mayor Taylor ORDINANCE NO. 2023-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ARTICLE II, DIVISION 2, SECTION 2-45, OF THE CITY OF OPA- LOCKA'S CODE OF ORDINANCES, ENTITLED "AGENDA" TO DELETE ALL REFERENCE TO FUTURE AGENDA ITEM(S); PROVIDING FOR SEVERABILITY, CONFLICT AND REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 9, 2020, the City Commission of the City of Opa-Locka, Florida ("City Commission") adopted Ordinance 20-12, adding Future Agenda Items to the Commission Agenda, seeking 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, Future Agenda Items has required a majority vote to discuss an item at the following commission meeting and provides City Staff with guidance in the preparation of commission items, thereby giving items a better opportunity for passage and more clarity; and WHEREAS, it is the intent of this Ordinance that any legislation to be considered by the City Commission shall be submitted to the City Manager for fiscal analysis no later than 12:00 p.m. on the Monday, twelve (12) business days prior to the next regularly scheduled Commission Meeting. The City Manager shall serve as the central repository of agenda items, the City Manager will forward an Agenda Cover Memo and all supporting documents to the City Attorney no later than 5:00 p.m. on the Monday no later than nine (9) business days before the agenda is printed and disseminated; and WHEREAS, the City Commission desires to amend Section 2-45 of Article II, Division 2, of the City of Opa-Locka's Code of Ordinances entitled "Agenda" to remove all reference to Future Agenda Item(s). NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS: Ordinance No. 2023-03 Section 1. Adoption of Representations. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. Amending Article II, Division 2, and Section 2-45 entitled "Agenda" to remove all reference to Future Agenda Item(s) with renumbering and lettering as necessary and shall 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 Page 2 Ordinance No. 2023-03 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; (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; (1920) Mayor/commission reports; Page 3 Ordinance No. 2023-03 (2021) Official board appointments; (2122) 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 v^t„a un 1 portion f ec c 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 vote, without commission consideration, if the item involves the regular busincss and administration for smooth operations of the city. (e) 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. 0 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,. Page 4 Ordinance No. 2023-03 (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. Other Language Remaining Same. All other language set forth in Article II, Division 2 Entitled Rules of Procedure, Section 2-45 entitled Agenda shall remain the same. Section 4. Conflict & Repealer. All ordinances, parts of ordinances or code provisions in conflict herewith ordinance are hereby repealed. Section 5. 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 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 6. Inclusion In Code. It is the intention of the City Commission of the City of Opa-Locka that the provisions of this Emergency Ordinance shall at some time in the future become and be made a part of the Code of Ordinances of the City of Opa-Locka 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; provided, however, that Section 1 hereof or the provisions contemplated thereby shall not be codified. Page 5 Ordinance No. 2023-03 Section 7. Effective Date. This Ordinance shall take effect immediately upon its adoption on second reading. PASSED FIRST READING this 11�h day of January, 2023. PASSED SECOND READING this 8th day of February, 2023. John Tayloi ., Mayor ATT oanna Flores, Cit Clerk C(L APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 14r rsp. f Burnadette Norris- eeks, P.A. Moved by: Commissioner Kelley Seconded by: Vice Mayor Ervin VOTE: 3-2 Commissioner Bass NO Commissioner Kelley YES Commissioner Williams NO Vice Mayor Ervin YES Mayor Taylor YES Page 6 4NW 1 NEIGHBORS 1 People you can count on. Home Health Care you can trust. For over 55 years, Interim HealthCare has been a leader in home care, providing clients with trusted, qualified care professionals. From a few hours to around -the -clock care, our experienced Care Professionals are the answer to your in -home health care needs. Call Interim HealthCare Today! (305) 697-9697 1 interimhealthcare.miami int :Aril II F :1 t T 11 C :1 R 2. CITY OF OPA-LOCKA, FLORIDA NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the City Commleelon of the City of Opo-locke, Florida will hold public hearings at the Regular Commleelon Meeting on Wednesday, February 8, 2023 at 7:00 p.m., in the City Commleelon Chambers at the Opa-locke Municipal Complex, 780 Fisherman Street, 30 Floor, Ope-Iccke, Florida, to conalder the following hems for final adoplon: SECOND READING ORDINANCES / PUBUC HEARINGS: AN ORDINANCE OF THE CITY COMMISSION OFTHE CITY OF OPA-LOCKA, FLORIDA, AMENDING ARTICLE 11, DIVISION 2, SECTION 2-45, OF THE CITY OF OPA-LOCHA'S CODE OF ORDINANCES, ENTITLED "AGENDA" TO DELETE ALL REFERENCE TO FUTURE AGENDA ITEM(S); PROVIDING FOR SEVERABIUTY, CONFLICT AND REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE (first reading / publlo hearing held on January 11, 2023), AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA•LOCKA, FLORIDA, AMENDING THE ANNUAL ADOPTED GENERAL, PROPRIETARY AND SPECIAL REVENUE FUNDS BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2022 0140 ENDING SEPTEMBER 30, 2023, ADJUSTING REVENUES AND EXPENDITURES AS REFLECTED IN EXHIBIT "A"; PROVIDING FOR THE EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; AUTHORILNO THE CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING FOR APPROPRIATION OF ALL BUDGETS AND EXPENDITURES; PROVIDING FOR FEES CONSISTENT WITH APPROPRIATIONS AND AMENDMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABIUTY; PROVIDING FOR AN EFFECTIVE DATE (fist reeding / public hearing held on January 25, 2023). All Interested persona ere encouraged to participate and will be heard with respect to the public hearings. Addhlonal information on the above items maybe obtained by contacting the Office of the City Clerk by telephone 305953-2800 or email Illoree3nooJocka8.cov. To participate or provide comments virtually, please register on the City of Opa-locka webalte at www.00ebcka0.aov no later than 7:00 p.m. on Wednesday. February 8, 2023. In accordance with the Americana with Disabilities Act of 1980, persona needing special accommodations to participate In the proceeding should contact the Office of the City Clerk at (305) 953-2800 for assistance not later than five (5) days prior to the proceeding. If hewing impaired, you may telephone the Florida Relay Service al (800) 955-8771 (TTY). (800) 955-8770 (Voice), (877) 955-8773 (Spanish) or (877) 955-8707 (Creole). PURSUANT TO FS 288.0105: Anyone who desires to appeal any decision made by any board, agency, or commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings, and for that reason, may need to ensure that a verbatim record o/ the proceedings is made, which record Includes the testimony and evidence upon which the appeal may be based. Jaanne Flores, CMC City Clerk CHy of Opa-locka I SUNDAY JANUARY 29 2023 CITY OF OPA-LOCKA NOTICE OF SPECIAL PLANNING & ZONING BOARD MEETING NOTICE IS HEREBY GIVEN that a meeting of the Opa-locka Special Planning & Zoning Board Meeting will be held on Thursday, February 9, 2023, at 7 p.m., In the auditorium at Sherbondy Village, 215 Perviz Avenue, Opa-locka, Florida. The purpose of Planning & Zoning Board Meeting is to discuss and consider the following: 1) A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA RECOMMENDING APPROVAL OF THE FINAL SITE PLAN REQUEST FROM HERNANDEZ DEVELOPMENT SERVICES, LLC FOR THE CONSTRUCTION AND OPERATION OF A FOUR-STORY SELF STORAGE FACILITY BUILDING THAT WILL PROVIDE APPROXIMATELY 1,200 STORAGE UNITS, PROVIDE THE REQUIRED PARKING SPACES AND PROVIDE COVERED LOADING SPACE FOR CONVENIENCE AT 14301 NW 27TH AVENUE. AND IDENTIFIED BY FOLIO 08-2122-000-0050 IN THE B-3 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. 2) ARESOLUTIONOFTHE PLANNING &ZONING BOARDOFTHECITYOF OPA- LOCKA, FLORIDA RECOMMENDING APPROVAL OF THE DEVELOPMENT AGREEMENT FROM HERNANDEZ DEVELOPMENT SERVICES, LLC FOR THE CONSTRUCTION AND OPERATION OF A FOUR-STORY SELF STORAGE FACILITY BUILDING THAT WILL PROVIDE APPROXIMATELY 1,200 STORAGE UNITS, PROVIDE THE REQUIRED PARKING SPACES AND PROVIDE COVERED LOADING SPACE FOR CONVENIENCE AT 14301 NW 27TH AVENUE, AND IDENTIFIED BY FOLIO 08-2122-000-0050 IN THE B-3 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Procedures for Public Participation Planning & Zoning Meetings are held in -person while allowing virtual participation. Members of the public wishing to address the Planning & Zoning Board may do so in person or virtually. To participate virtually, please register online by 5:00 p.m. on the scheduled meeting date via the City of Opa-locka website at www.opalockafl.gov. How to watch the meeting Members of the public can watch City of Opa-locka public meetings at https://www.youtube.com/user/Citvof0paLocka. PURSUANT TO FS 286.0105: Anyone who desires to appeal any decision made by any board, agency, or commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings, and for that reason, may need to ensure that a verbatim record of the proceedings is made, which record Includes the testimony and evidence upon which the appeal may be based. in accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in the proceeding should contact the Office of the City Clerk at (305) 953-2800 (voice) for assistance at least 24 hours prior to the proceeding, TTY users may call via 711 (Florida Relay Service) prior to the proceeding. For questions and/or additional information, please contact the Office of the Community Redevelopment Clerk by email at khall@opalockafl.00v or by telephone at (305) 953-2800. Kinshannta Hall Planning & Zoning Clerk Joanna Flores, CMC City Clerk City of Opa-Locka Agenda Cover Memo Department Director: Department Director Signature: City Manager: Darvin Williams CM Signature: Commission Meeting Date: 01.11.2023 Item Type: (EnterXin box) Resolution Ordinance Other x Fiscal Impact: (EnterXin box) Yes No Ordinance Reading. (EnterXin box) 1st Reading 2nd Reading x Public Hearing: (EnterXin box) Yes No Yes No x x Funding Source: Account# : (Enter Fund & Dept) Ex: Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required: (EnterXin box) Yes No RFP/RFQ/Bid#: x Strategic Plan Related (EnterXin box) Yes No Strategic Plan Priority Area: Enhance Organizational ® Bus. & Economic Dev CD Public Safety in Quality of Education El Qual. of Life & City Image ma Communcation 0 Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X Sponsor Name Mayor Taylor Department: City Commission Short Title: An ordinance of the City Commission of the City of Opa-locka amending Article II, Division 2, Section 2-45 entitled "Agenda" to remove the section to include "Future Agenda Items" on the Regular City Commission Agenda. Staff Summary: The intent of Future Agenda Items was to allow staff adequate time to research and prepare agenda items. The City Commission would like to amend the legislation to remove Future Agenda Items due to the delay in presentation of legislation. Upon approval, all requests for placement of legislation must be submitted to the City Manager for fiscal analyses no later than 12:00 p.m. on the Monday, twelve (12) business days prior to the regularly scheduled Commission Meeting. As the central repository of agenda items, the City Manager will forward the Agenda Cover Memo and supporting documents to the City Attorney no later than 5:00 p.m. on the Monday, nine (9) business days before the agenda it printed and disseminated. Financial Impact- The City will incur no expense related to the proposed action. Proposed Action: Upon adoption of legislation staff will act accordingly to the legislation. Attachment: Ordinance No. 2020-12 1st 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; ( (218) Official board appointments; (224-) 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 Sr 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 read i ng. PASSED AND ADOPTED this 9th day of September, 2020. Matthew A. Pigatt, Mayor Page 5 Ordinance No. 2020-12 ATTEST: -() Joaijna Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: //(// C r1 ii. (/ 1(1 ' ' / 1 /, 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 1st 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: a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: . 7.a 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