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HomeMy WebLinkAbout09296 City Clerk’s Office Item # R-4 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: May 29, 2018 TO: Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: AN ORDINANCE AMENDING THE PUEBLO MUNICIPAL CODE TO IMPLEMENT THE MAYOR-COUNCIL FORM OF GOVERNMENT SUMMARY: Attached for consideration is an Ordinance which makes various amendments to the Pueblo Municipal Code to implement the change from a Council-City Manager form of government to a Mayor-Council form of government. PREVIOUS COUNCIL ACTION: There has been no previous council action regarding changes to the Pueblo Municipal Code made necessary by the change in the form of government. BACKGROUND: On November 7, 2017, the voters of the City of Pueblo, by passing Ballot Issue 2A by a 52% - 48% margin, changed the form of government of the City from a Council-City Manager format to a Mayor-Council format. Ballot Question 2A adopted numerous changes to the City Charter for the purpose of changing the City’s Chief Executive Officer from City Manager to Mayor. The charter amendment requires corresponding changes to the Pueblo Municipal Code. FINANCIAL IMPLICATIONS: The financial implications associated with the change in the form of government are unknown at this time. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If City Council does not approve this Ordinance, the Pueblo Municipal Code will be inconsistent with the amended City Charter. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Ordinance. ORDINANCE NO. 9296 AN ORDINANCE AMENDING THE PUEBLO MUNICIPAL CODE TO IMPLEMENT THE MAYOR-COUNCIL FORM OF GOVERNMENT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. In accord with City Charter Section 3-22, the codifier is instructed to amend the following sections of the Pueblo Municipal Code by striking “City Manager” wherever it appears and replacing that term with “Mayor” in the following sections of the Pueblo Municipal Code: P.M.C. Section No. Descriptive Heading 1-5-3 Departmental Organization; Divisions 1-5-5 Bonds 1-5-6 Administrative Policy and Procedures 1-5-8 Settlement of Claims 1-6-2 Municipal Judges 1-6-7 Records of Court 1-8-1(5) Designated City Representative 1-8-5 Compliance Review 1-9-24 Waiver 1-9-30 Complaints Against City Officials and Employees 1-10-4 Formal Bidding Procedures 1-10-5 Informal Bidding Procedures 1-10-6 Award of Contract 2-3-16(2) Extended Period 2-5-4(7) Powers and Duties 2-5-7 Relation to City Departments and Agencies 3-2-30 Routing; local delivery 4-7-2 Board-up of vacant and unsafe buildings 4-8-4 Amendments to the I.P.M.C. 4-13-2(w) Amendments 4-14-5 HPC staff 4-14-6 Powers and duties of HPC 4-14-19 Injunction 6-1-5 Legal assistance to the Commission 6-1-6 Agreements 6-2-1 Director; duties 6-3-1(3) Definitions 6-4-3 Classification of new positions 6-4-4(d) Reporting changes in duties, reclassification 6-4-5 Appeal from classification or reclassification 6-4-6 Age limits and physical qualifications 6-5-1 Salary schedule established by Council 6-5-3 Maintenance of the salary schedule 6-5-4 Employee representation; salaries; benefits 6-5-5 Entrance salary rates 6-5-6(c) Advancement; probationary salaries 6-5-7(e)(2) Computation of salaries 6-5-11 Maintenance in kind 6-5-18(b) Unclassified part-time employees 6-6-1(b) Holidays 6-6-2 Vacation leave 6-6-5 Paid sick leave benefits 6-6-11 Special leave 6-7-3(a) Partially disabled employees; light duty 6-7-8 Tuition refund 6-7-9 Separation agreements 6-8-1 Establishment of positions 6-8-2 Number of positions 6-8-3 Abolition of position 6-8-4 Reclassification 6-8-5 Vacancies 6-8-6 Notification of vacancy, appointment 6-8-8 Part-time appointments Medical examinations, requirements; condition 6-8-10 precedent to appointment 6-8-11 Transfer 6-8-12(d) Drug screening 6-9-1 Notice 6-9-3 Replacement 6-9-4 Replacement appeal 6-11-2 Grievances; step-by-step procedure 6-11-3(a) Continuances and limitations 6-11-6 Employee representatives 6-12-4(c) Decision of Commission on appeal 6-13-R3 Office hours 6-13-R4 Commission staff, duties 6-13-R6(a) Waiver or modification of application requirements 6-13-R9 Education 6-13-R12 Additional requirements 6-13-R18(d) Examinations; general 6-13-R21(c) Reapplication 6-13-R32 Cancellation of eligible list 6-13-R33 Appointments 7-1-2 Abatement 7-1-3 Cost of abatement 7-1-4(b) Duties of Health Officer and Police Department 7-3-5(b) Unlawful not to remove, charges, lien 7-3-8 Jurisdiction of City Manager 7-3-17 Community solid waste clean-up program 7-3-41(a) Junked vehicle; notice; deemed nuisance 7-3-42 Removal procedure; expense 7-3-43 Disposal procedure 7-4-3(a) Notice to destroy 7-4-4 Removal or destruction by City 7-5-6(d) Demolition, dismantling or renovation activities 7-8-4 Hearings Officer 9-10-88(d)(1) Temporary civic banners; permit required; penalties 9-12-1(4) Definitions 9-13-3(1) Definitions 9-13-15(b) Appeals 9-15-2(3) Definitions 9-15-8(b) Denial of non-cigarette tobacco product license 9-15-13(b) Suspension or revocation of license 10-1-5(b) Park uses requiring a permit. 10-1-13(g) Unlawful acts 10-2-6(2) Enforcement of Notice and Order 10-2-12 Waste; disposal as prescribed 10-3-5(b) Notice; abatement 11-1-405 Nuisances 11-4-18 Spread of rabies 11-4-45(i) Licenses; expiration; fees 11-5-3 Declaration of emergency 11-5-4 Curfew 11-5-5 Powers during civil emergency 11-5-6 Duration License, auctioneer's; required; term; fee; 11-6-2 investigation; qualifications Auction house; required; term; fee; investigation; 11-6-3(a) qualifications 11-6-4 Revocation; suspension 11-6-5 Bond required; amount; conditions; maintaining Permit; when required; application; information; 11-6-7 inventory 11-6-10 Exemptions; permits 11-7-1(d) Custodian; appointment; duties; sale of perishables. 11-7-2 Place for safekeeping 11-7-4 Annual report; contents 11-7-5(a) Final public notice 11-7-6 Claim to property; notice to Director of Finance Unclaimed property; disposition by sale or 11-7-8 otherwise; proceeds 11-9-8 Removal of graffiti 12-1-27 Contents 12-4-7(j)(1)d. Minimum standards 12-9-14 Governing body and advisory committee Sales and Use Tax Capital Improvement Projects 14-4-85.1(1) Fund; definitions Sales and Use Tax Capital Improvement Projects 14-4-85.3(a) Fund; approval, criteria and standards Sales and Use Tax Capital Improvement Projects 14-4-85.9(b) Fund; antifraud and performance requirements 14-5-4 Future service; modification of conditions 14-5-11 Corporate surety bond 14-5-17 Default 14-7-17 Recovery at law 15-1-8(a) Amendments and additions 15-1-11 Parking meter tokens; sale; distribution 15-1-13 School crossing guard program. 15-2-5(a) Marking 15-3-5 Charging cost of abatement to property; lien 16-2-6 Procedure 16-4-3 Applications 16-4-4 Procedure 16-4-5(a) Construction permit 16-4-7 Nonpayment; remedies 16-4-8(b) Discontinuance of use 16-5-5(d) Cost recovery 16-6-5 Refunds and adjustments 16-6-10 Annual review 16-7-6 Decision on appeal 16-7-23(d) Use of public sewers required 16-11-5 Refunds 16-12-3(3.5) Definitions 17-2-1(7) Definitions 17-4-7(b)(1) c Landscape Performance Standard 17-5-1(a) Administration and enforcement 17-8-2(f) Definitions 17-10-13(a) Enforcement, violations and penalties 17-15-33 Appeal 17-15-34 Recovery of costs 17-16-110.9 Definitions 17-16-212.3 Administrative Approval Submission Requirements for All Permit 17-16-222 Applications; Waivers In accord with City Charter Section 3-22, the codifier is instructed to amend the following sections of the Pueblo Municipal Code by striking “Assistant City Manager” or “Deputy City Manager” wherever they appear and replacing those terms with “Deputy Mayor” in the following sections of the Pueblo Municipal Code: P.M.C. Section No. Descriptive Heading 1-1-5 Definitions and rules of construction 1-9-2 Definitions SECTION 2. Chapter 1 of Title I of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 1-1-5. – Definitions and rules of construction. In the construction of this Code and of all ordinances, the following definitions shall be observed, unless the context clearly indicates otherwise: . . . (33) Whenever the word Mayor is used, it shall be construed to \[\] Mayor of mean the President of the Council of the City of Pueblo. SECTION 3. Chapter 2 of Title I of the Pueblo Municipal Code is hereby amended as follows: Sec. 1-2-6. – Penalties; power to pardon. \[\] Mayor ThePresident of the Council shall have power to grant pardons and to remit fines and penalties imposed for any violation of any provision of this Code, but in every case where he or she may exercise this power, he or she shall report such action to the City Council at its next meeting, with his or her reasons. SECTION 4. Chapter 4 of Title I of the Pueblo Municipal Code is hereby amended as follows: Sec. 1-4-3. – Execution of official papers; authorized signatures; attestation; ratification of existing papers. \[\] Mayor (a) The President of the Council , or in his or her absence or \[\] Deputy Mayor inability to act, the Vice President of the Council , shall sign all ordinances, deeds, contracts, conveyances, licenses, warrants, bonds, coupons and other instruments. \[\] Mayor or Deputy (b) The signature of the President of the Council Mayor shall be attested by the City Clerk, and the instrument shall be sealed with the seal of the City. . . . Sec. 1-4-4. – Advisory committees. \[\] Mayor (a) The President of the Council may from time to time create , subject to Council a committee or committees and appoint members thereto confirmation, to advise him or her in matters relating to public affairs. All members of such committees shall serve without pay and at the pleasure of the \[\] Mayor President of the Council . At the time of creating any such committee or \[\] Mayor appointing or removing any member thereof, the President of the Council shall inform the City Council at the next regular Council meeting. . . . Sec. 1-4-9. – Council executive meetings. (a) The City Council shall sit with open doors at all sessions and shall keep a journal of its proceedings which shall be a public record. All meetings of a quorum of the City Council are declared to be public meetings and open to the \[\] the affirmative vote of two-thirds public at all times except, by majority vote (2/3) of the members present at a Council meeting or meeting of the Executive Committee of the Council, the Council may go into executive meeting closed to the public for which no journal is required to be kept, for any of the following purposes, provided that the general nature of such purpose is announced before the vote to go into executive meeting is taken: . . . \[ (2) Discussion of existing or prospective personnel of the City, including without limitation the appointment, removal or performance of the \] hired by the City Council. City Manager or any department head . . . . (f) The Mayor shall have the right to attend and be heard at any executive session meeting of the Council, except when the City Council is receiving legal advice from an attorney employed by the City Council. SECTION 5. Section 2 of Chapter 5 of Title I of the Pueblo Municipal Code is hereby amended as follows: \[\] Sec. 1-5-2. – City ManagerMayor. \[ The City Manager shall be the Chief Executive of the City government, shall enforce the laws of the City and require the faithful performance of all \] administrative duties. His or her duties are enumerated below and in the Charter: The Mayor shall control and direct the executive branch of City government and shall be the chief executive officer with all executive and administrative powers of the City, except as otherwise provided in Charter. Any authority previously delegated to the City Manager pursuant to any prior contract, intergovernmental agreement or other legal instrument executed under the previous City Council-Manager form of government is vested in and may be exercised by the Mayor. The duties and powers of the Mayor are enumerated in Charter and specifically include: (1) Duties. In accordance with the Charter and a. Appoint, dismiss, etc. \[\] civil service provisions of this Code,Aa ppoint competent, qualified staff and employees to the administrative service and have the power to \[ dismiss, suspend and discipline, in accordance with the Charter and civil \] service provisions of this Code, all staff members and employees in the administrative service under his or her control. He or she shall also have the power to authorize a department head or staff member responsible to him or her to appoint and remove subordinates serving under that department head or staff member. \[ \] Assignment b. Appoint to acting capacity. Designate himself or herself or some other staff member or employee to perform the duties of any position in the administrative service under his or her control. Such person shall be designated a deputy or acting department head and shall Any serve with the same powers and functions as the department head. such assignment as acting department head shall only be made for periods in which the department head is on leave or for a period not to exceed six months during which the selection and confirmation process for appointment of the department head has been initiated and is proceeding. (2) Powers. a. Prescribe rules. Have the power to prescribe such rules and regulations as he or she shall deem necessary or expedient for the conduct of administrative agencies subject to his or her authority and have the power to revoke, suspend or amend any rule or regulation of the administrative service by whomever prescribed. b. Investigate. Have the power, either by himself or herself or by any staff member or person designated for the purpose by him or her, to investigate and to examine or inquire into the affairs or operation of any \[ ; department, division, bureau or office.and, when so authorized by the City Council, have power to employ consultants and professional counsel \] to aid in such investigations, examinations or inquiries c. Overrule administrative staff. Have the power to set aside any action taken by a department head and may supersede him or her in the functions of his or her position. d. Assign duties. Have the power to direct any department, division or bureau to perform work for any other department, division or bureau, or to perform any work assigned by ordinance to any other department, division or bureau, and to assign to any department, division or \[\] Mayor bureau any duty imposed by ordinance on the City Manager, provided that nothing contained herein shall be construed to authorize the \[\] Mayor City Manager to assign the duties and functions of any department established by Charter to another department. e. Appoint administrative committees. Have the power to designate from the administrative service such committees and the officers thereof as he or she shall find necessary for the proper consideration of administrative problems. Such committees shall meet at the request of the \[\] Mayor City Manager and shall make such recommendation on matters referred to them as they shall find necessary for the best interests of the City. f. Agree to minor amendments to contracts previously approved by City Council, provided that no single amendment, and all such amendments to any single contract cumulatively, do not significantly modify the City's obligations under the contract and do not increase the City's financial obligations thereunder by more than ten percent (10%) of the original contract price. g. Unless otherwise required by general law or the Charter, make appointments to all boards and commissions, subject to Council confirmation. All appointments to boards and commissions existing on December 31, 2018 shall continue until expiration of their respective terms unless the appointee is removed by the Mayor. Any ordinance in effect prior to December 31, 2018 which is inconsistent with such power of the Mayor is superceded by the provisions of this Subsection (g). SECTION 6. Chapter 6 of Title I of the Pueblo Municipal Code is hereby amended as follows: Sec. 1-6-2. – Municipal Judges. \[\] Mayorsubject to Council confirmation TheCity Council shall appoint as many Municipal Judges as may be requires to conduct the affairs of the Municipal Court. All Municipal Judges shall be attorneys admitted to practice law in the State. Each Municipal Judge shall be appointed for a term of two (2) years \[\] Mayor and may be removed by the City Council for cause. Sec. 1-6-3. – Presiding Judge. \[\] Mayor The City Council shall appoint one (1) of the Municipal Judges to act as a Presiding Judge. The Presiding Judge shall supervise all of the Court’s personnel and act as Municipal Court Administrator. Sec. 1-6-4. – Compensation for Judges. Municipal Judges are unclassified employees of the City, and their salaries shall be set by the City Council and shall be budgeted as an item of the annual budget. Sec. 1-6-5. – Substitute Judge. The Presiding Municipal Judge shall appoint a Substitute Judge to temporarily serve when no regular Municipal Judge is able to preside due to illness, disqualification or similar grave reason. All Substitute Judges shall be attorneys admitted to the practice of law in the State. No appointment as a Substitute Judge shall be for a period longer than five (5) consecutive days without the previous \[\] Mayor approval of the City Manager or the City Council. Substitute Judges shall be paid at least fifty dollars ($50.00) for each day actually served from funds budgeted to the Municipal Court. SECTION 7. Chapter 9 of Title I of the Pueblo Municipal Code is hereby amended as follows: Sec. 1-9-2. – Definitions. As used in this Chapter, unless the context otherwise requires: . . . (3) City official means an elected or appointed official of the City, \[ including the City Manager, a deputy City Manager, an assistant City \] Mayor, Deputy Mayor Manager,, a department director and appointed members of boards and commissions, but excluding an employee of the City. SECTION 8. Chapter 3 of Title II of the Pueblo Municipal Code is hereby amended as follows: Sec. 2-3-3. – Board of Trustees; creation; membership. There is hereby granted a Board of Trustees in whom is vested the general administration, management and responsibility for the proper operation of the retirement system, and for making effective and construing the provisions of this Chapter. The Board shall consist of five (5) trustees, as follows: (1) The Mayor. \[\] President of the City Council. (2) The City Manager. (3) The City Clerk. (4) Two (2) members of the retirement system to be elected by the members of the retirement system under such rules and regulations as the Board shall from time to time adopt. SECTION 9 Chapter 2 of Title III of the Pueblo Municipal Code is hereby amended as follows: Sec. 3-2-59. - Board of Appeals. Section 108 of the International Fire Code as amended and adopted by the City is hereby deleted in its entirety and amended to read as follows: "Any person aggrieved by any ruling, decision, interpretation or order of the Fire Chief, the Deputy or Assistant Fire Chief in charge of fire prevention or the Fire Department shall have the right to appeal to the Fire Board of Appeals, which is hereby created. Such Board shall consist of five (5) members who shall be residents of the City qualified by experience or training in fire safety or related matters. The Fire Chief shall be a nonvoting ex officio member and shall act as secretary of the Board. The Board of \[\] the Mayor, Appeals shall be appointed by resolution of the City Council subject to City Council confirmation, for such terms and upon such \[\] by the Mayor conditions as shall be set forth in such resolution. The \[\] the Mayor Board members shall serve at the pleasure ofCity Council. The Board shall adopt reasonable rules and regulations for conducting its proceedings and shall render all decisions and findings in writing to the Fire Chief, with a duplicate copy to the appellant, and may recommend to the \[\] Mayor City Council such new legislation as the Board may deem necessary. . . . SECTION 10. Section 4 of Chapter 14 of Title IV of the Pueblo Municipal Code is hereby amended as follows: Sec. 4-14-4. - Historic Preservation Commission (HPC). (a) There is hereby created the Pueblo Historic Preservation Commission (HPC) consisting of seven (7) members who have resided in the City for at least one (1) year preceding their appointment. \[\] the Mayor, (b) All appointments to HPC shall be made by Council subject to Council confirmation . In the event of a vacancy occurring during the \[\] he Mayor, term of an HPC member, Council shall make an appointment t subject to Council confirmation, to fill the vacancy for the balance of the unexpired term. (c) The initial terms of the members of HPC shall be three (3) members for four (4) years, two (2) members for three (3) years and two (2) members for two (2) years. Following the initial terms, the terms of all members shall be four (4) years. No member shall serve more than two (2) successive terms. A member shall continue in office after expiration of his or her term until a successor has been \[\] the Mayor, subject to Council confirmation appointed by Council. Members \[\] the Mayor of HPC may be removed by Council at any time, with or without cause. (d) Members of HPC shall serve without compensation. To the extent \[\] the Mayor authorized by Council and funds are budgeted and appropriated therefor, members may be reimbursed for actual expenses necessarily incurred, such as training, or incidental to the performance of their duties for HPC. (e) All HPC members shall have demonstrated interest, experience, knowledge or training in fields closely related to historic preservation. To the extent \[\] the Mayor, subject to Council confirmation, available, Council shall appoint members to HPC who have backgrounds in history, architecture, landscape architecture, architectural history, archaeology, planning or other historic preservation related disciplines, such as the building trades, cultural geography, cultural anthropology, education, ethnic organizations, fine arts, finance, \[\] the Mayor commerce, real estate or law. Also, to the extent availableCouncil , , subject to Council confirmation, shall appointone (1) member who is a tenant \[\] The or real property owner from the Historic Business Zone District (HB). Council Mayor shall attempt to maintain the balance of interests and skills of the members of HPC; however, at least three (3) members of HPC should be professionals in historic preservation related fields. (f) HPC shall elect a Chairperson and Vice Chairperson, each serving, a one-year term and eligible for reelection. HPC shall develop and adopt bylaws governing its activities consistent with this Chapter, and it shall conduct its business in accordance with Robert's Rules of Order, except as modified by bylaws or this Chapter. (g) HPC shall conduct its activities at its regular monthly meetings, or at any special meeting as called by the Chairperson or Vice Chairperson. The bylaws shall specify the time and place for regular monthly meetings. Notice and agenda of all HPC meetings must be posted and meetings shall be open to the public at all times in compliance with the Colorado Open Meetings Law. SECTION 11. Chapter 1 of Title V of the Pueblo Municipal Code is hereby amended as follows: Sec. 5-1-2. - Definitions. As used in this Chapter: (1) Clerk means City Clerk. (2) Election official means any City Clerk, any member of the the Mayor, Board of Elections, Judge of Election, or City Council member engaged in the performance of election duties as required by this Chapter. . . . SECTION 12 Section 3 of Chapter 1 of Title VI of the Pueblo Municipal Code is hereby amended as follows: Sec. 6-1-3. - Jurisdiction. Employment in the City shall be divided into unclassified and classified service. The powers and duties of the Civil Service Commission shall be applicable only to employees of the classified service. (1) The unclassified service shall comprise and consist of the following officers: a. Members of the City Council and other elective officers, and persons appointed to fill vacancies in elective offices; b. The City Clerk; \[\] Mayor, Deputy c. The City Manager and assistant managers, Mayor, and Assistant Deputy Mayors if any; d. The directors and heads of bureaus and departments; \[\] Mayor e. One (1) private secretary to theCity Manager; f. Members of boards and commissions in the municipal service except those specifically provided for in other sections of the Charter; g. Persons employed to make or conduct a special inquiry, \[ investigation, examination or installation, if the City Council or the City \] Mayor Manager certifies that such employment is temporary, and that the work should not be performed by employees in the classified service; h. Municipal Judges; i. City Attorneys; j. The post-auditor appointed by the City Council; k. Persons performing service to the City without compensation from the City; l. Police surgeon; and m. Part-time employees (a part-time employee is defined as follows: No such person shall work more than the equivalent of eight \[8\] months in any year in such temporary, part-time, incidental or emergency status). (2) The classified service shall comprise all positions not specifically included by this Section in the unclassified service and shall be subject to civil service. Positions in the classified service shall be filled only by examination and in accordance with procedures and provisions of this Title and the civil service rules. SECTION 13. Section 10 of Chapter 5 of Title VI of the Pueblo Municipal Code is hereby amended as follows: Sec. 6-5-10. - Overtime work. (a) Administration. The full-time work week as provided by the City Council shall not apply to officers and employees in positions which are professional, administrative, supervisory or managerial, and where such employees are compensated according to their professional capabilities and their assigned responsibilities irrespective of the hours required each week to fulfill such responsibilities. (b) Overtime Compensation. A department head may prescribe, for employees in the department entitled to such compensation, except as provided \[\] Mayor in Subparagraph (c) below, with the approval of the City Manager, reasonable periods of overtime work to meet operational needs. Such overtime \[\] Mayor shall be reported and justified as required by the City Manager. Employees shall be compensated for authorized overtime work at the rate of time and one-half (1½) in cash. Only such hours as are worked in excess of the prescribed basic work week or such hours as are worked in excess of the basic daily work shift, except as hereinafter excluded, shall be so compensated. (c) The following officers and employees shall not be eligible for overtime compensation: (1) City Council members, Civil Service Commissioners and members of all Boards and Commissions; \[\] Mayor, Deputy Mayor, (2) City Manager, Assistant Managers Assistant Deputy Mayors , City Clerk, City Attorneys, Municipal Judges, Post-Auditors and all Directors or heads of Bureaus or Departments; (3) Employees in all nonbargaining unit classes in the classified \[\] Mayor service except those designated by the City Manager as eligible for overtime compensation due to the unique nature and services performed in a professional, administrative, managerial or supervisory position. SECTION 14. Chapter 8 of Title IX of the Pueblo Municipal Code is hereby amended as follows: Sec. 9-8-2. - Board of Tree Trimmer Examiners; appointment; term of office. There is hereby established a Board of Tree Trimmer Examiners (hereinafter in this Article referred to as the Board), consisting of three (3) members, as follows: (1) The Director of Parks and Recreation, who shall hold office during the term of his or her appointment as such, and who shall also act as secretary of the Board. (2) The County Agricultural Agent, who shall hold office during the term of his or her appointment as such. (3) A competent tree trimmer resident in the City, appointed by the Mayor, subject to confirmation by City Council, who shall be licensed hereunder, and who shall hold office for a term of four (4) years, unless sooner removed for malfeasance in office, neglect of duty or incapacity, and shall serve until his or her successor is duly appointed and qualified. There shall be no restraint upon the number of terms any member may serve. SECTION 15. Section 5 of Chapter 3 of Title XI of the Pueblo Municipal Code is hereby amended as follows: Sec. 11-3-5. - Members. (a) The Liquor and Beer Licensing Board shall consist of five (5) \[\] Mayor, subject to members to be appointed by the Councilby resolution Council confirmation . Four (4) members shall be initially appointed for staggered terms expiring on the first day of August as follows: one (1) member for a one-year term, one (1) member for a two-year term, one (1) member for a three-year term, and two (2) members for four-year terms, or in lieu of one (1) member for a four- year term, a member of the City Council may be appointed for an indefinite term. Thereafter, each member shall be appointed for a term of four (4) years. At the Board's first regular meeting in August 1978 and in August each year thereafter, the Board shall appoint one (1) of its members to act as Chairman of the Board. \[\] Mayor, subject to Council The City Council shall make an appointment confirmation, for any unexpired term in the event a vacancy arises. \[\] the (b) Any member of the Board may be removed by the City Council Mayor for nonattendance to duty or for cause. Any member who fails to attend three (3) consecutive meetings of the Board shall be removed from the Board, \[\] Mayor unless the CityCouncil excuses any such absences. SECTION 16. Sections 201, 202, 204 and 505 of Chapter 10 of Title XI of the Pueblo Municipal Code are hereby amended as follows: Sec. 11-10-201. - Licensing authority. \[\] The Mayor, subject to Council confirmation, (a)City Council shall \[\] by resolutionappoint a Board to serve as the Medical Marijuana Licensing Authority. (b) As to any application for a medical marijuana license submitted before May 1, 2012, the application shall be suspended and shall not be processed until May 1, 2012, or thereafter, but shall not be granted or approved before July 1, 2012. An application submitted between May 1, 2012, and July 1, 2012, may be processed, but shall not be granted or approved before July 1, 2012. Nothing contained in this Subsection shall be construed as infringing upon any of the constitutional rights granted under Article XVIII § Colorado Constitution. Sec. 11-10-202. - Members of Board. (a) The members of the Board of the Medical Marijuana Authority shall be the members of the Board of the Retail Marijuana Authority selected pursuant to Sec. 11-11-202 of this Title. At the Board's first regular meeting and on the anniversary of the first meeting and each year thereafter, the Board shall appoint \[\] Mayor, one (1) of its members to act as Chairman of the Board. The City Council subject to Council confirmation, shall make an appointment for any unexpired term in the event a vacancy arises. \[\] (b) Any member of the Board may be removed by the City Council Mayor for nonattendance to duty or for cause. Any member who fails to attend three (3) consecutive meetings of the Board shall be removed from the Board, \[\] the Mayor unless the City Council excuses any such absences. Sec. 11-10-204. - Quorum and majority vote. \[\] has been appointed If City Council appointsa Board to act as the Authority, a majority of the Board shall constitute a quorum for the conduct of its business. All decisions of the Board shall be by majority vote of the entire Board. Sec. 11-10-505. - Evidence. (a) The Colorado Rules of Evidence and the common law rules of evidence shall not apply. The Authority may accept into evidence any testimony or exhibit and give such evidence the weight that the Authority believes it deserves. (b) The Authority may accept hearsay and multiple-hearsay testimony and may base its decision solely on such hearsay if such hearsay is reasonably reliable and trustworthy and has probative value accepted by reasonable and prudent persons in the conduct of their affairs. The Authority shall not be required to make a finding that the hearsay meets this standard. If the Authority admits the hearsay, it shall be conclusively presumed that the hearsay met this standard unless the Authority makes findings to the contrary. (c) The Authority shall have the authority to exclude testimony and other evidence as irrelevant, cumulative or on the ground that the witness does not have standing and was not called as a witness by a party who does have standing. (d) The Authority may take administrative notice of any matter contained in its file. \[\] has been appointed (e) If City Councilhasappointeda Board to act as the Authority, the Board may delegate to the chair or another member of the Board the authority to make procedural and evidentiary rulings at any hearing, but every member of the Board present shall vote on the findings and conclusions at the close of the hearing. SECTION 17. Sections 201 and 202 of Chapter 11 of Title XI of the Pueblo Municipal Code are hereby amended as follows: Sec. 11-11-201. - Licensing authority. \[\]\[ The Mayor, subject to Council confirmation, City Council shall by \] resolutionappoint a Board to serve as the Retail Marijuana Licensing Authority. Sec. 11-11-202. - Members of Board. (a) The Board appointed by City Council to serve as the Authority shall consist of five (5) members, who shall be residents of the City. Five (5) members shall be initially appointed for staggered terms expiring on the first day of July as follows: one (1) member for a one-year term, one (1) member for a two-year term, one (1) member for a three-year term, and two (2) members for four-year terms. Thereafter, each member shall be appointed for a term of four (4) years. At the Board's first regular meeting and on the anniversary of the first meeting and each year thereafter, the Board shall appoint one (1) of its members to act as Chair of \[\] Mayor, subject to Council confirmation, the Board. The City Council shall make an appointment for any unexpired term in the event a vacancy arises. \[\] Mayor (b) Any member of the Board may be removed by the City Council for nonattendance to duty or for cause. Any member who fails to attend three (3) consecutive meetings of the Board shall be removed from the Board, unless the \[\] Mayor City Council excuses any such absences. SECTION 18. Chapter 8 of Title XII of the Pueblo Municipal Code is hereby amended as follows: Sec. 12-8-2. - Committee. There is hereby established a Committee composed of the Director of Public Works, a representative designated by the Company and a third person jointly selected by the Company's representation and the Director who shall be experienced in the electrical contracting business. If the Company fails to designate its representative or if such representative and the Director are unable Mayor, subject to for any reason to jointly select such third person, the confirmation by , City Council may designate the members of the Committee for Mayor and such terms as the City Council may determine. SECTION 19. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Ordinance to implement the policies and procedures described herein. SECTION 20. This Ordinance shall become effective on the date on which the Mayor takes office. INTRODUCED: May 29, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: June 11, 2018