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HomeMy WebLinkAbout10974 City Clerk's Office Item # R5 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 23, 2025 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Heather Graham, Mayor Scott Hobson, Acting Director Planning and Community Development Robert Jagger, Deputy City Attorney SUBJECT: AN ORDINANCE AMENDING SECTION 1-5-3 OF CHAPTER 5 OF TITLE I OF THE PUEBLO MUNICIPAL CODE RELATING TO THE DEPARTMENTAL ORGANIZATION, ABOLISHING THE DIVISION OF CDBG/HOME/HOUSING UNDER THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT, ESTABLISHING THE DEPARTMENT OF HOUSING AND CITIZEN SERVICES AND AMENDING SUBSECTION 4-8-4(2) OF CHAPTER 8 OF TITLE IV AND SECTION 8-1-8 OF CHAPTER 1 OF TITLE VIII OF THE PUEBLO MUNICIPAL CODE TO MAKE CONSISTENT THEREWITH SUMMARY: Attached for consideration are amendments to Section 1-5-3 of Chapter 5 of Title I, Section 4-8-4 of Chapter 8 of Title IV and Section 8-1-8 of Chapter 1 of Title VIII of the Pueblo Municipal Code relating to the re-establishment of the Housing & Citizen Services Department with a change in department status from a division within the Planning & Community Development Department to a department. PREVIOUS COUNCIL ACTION: On November 27, 2023, Ordinance No.10594 was approved by City Council. This Ordinance provided changes to Pueblo Municipal Code related to the department organization and abolished the Housing & Citizen Services Department through a reorganization, creating a division for the housing function within the Planning & Community Development Department. BACKGROUND: This ordinance would enact several changes to Pueblo Municipal Code for the purpose of reestablishing the Housing & Citizen Services Department and abolishing the CDBG/HOME & Housing Division within the Planning & Community Development Department as part of a reorganization. In November of 2023, City Council, at the request of the prior administration, approved the abolishment of the Housing & Citizen Services Department and moving the function under the Planning and Community Development Department as a subordinate division. Given the rising and critical needs for affordable housing services in the community and following organizational analysis, it has been determined that that the prior organizational arrangement has been less effective than when the function was a stand-alone department. By reestablishing the Housing & Citizen Services Department as a department, the City and the citizens of the community will benefit from focused service delivery, identifying potential infill multi-family residential development properties and determining the The Housing & Citizen Services Department will function as it did prior to the change, under new leadership, with an appropriate emphasis on continued coordination in implementing steps to make affordable and workforce housing project sites more competitive projects that can be chosen for CHAFA, CHAFA Multi-family Private Activity Bond financing, DOLA, Proposition 123 funding programs. The staff assigned to Housing & Citizen Services provide critical services for the coordination and implementation of CDBG and HOME funds that fund selective demolitions, mold remediation, roof replacement, accessibility modifications, and home repairs and retrofits. The Housing & Citizen Services Department will continue to coordinate with Pueblo County and the Community Services Advisory Commission (CSAC) and Citizens Advisory Commission in recommending projects and program funding for non-profit agencies and service providers. This change will allow for department level focus on management of grant service contracts providing affordable housing financing, infrastructure improvements, and homeless prevention, substance abuse prog HB 21-1271 passed by the Colorado General Assembly in 2021 are of paramount importance and require intentional department level leadership and focus to implement. Housing and Citizen Services will focus on identifying priority properties to be acquired by the City and placed in a land bank to -family housing development more efficiently and effectively. The only staffing change which will occur with this reorganization, beyond the general reassignment of positions currently assigned to the CDBG/HOME & Housing Division to the re-established Housing & Citizen Services department, will be the reinstatement of the Director of Housing & Citizen Services position in the 2025 Staffing Ordinance, which is concurrently presented with these necessary code changes via separate ordinance. The changes to the sections of Pueblo Municipal Code listed in the title of this ordinance accomplish the reestablishment of the Housing & Citizen Services Department and the abolishment of the CDBG/HOME & Housing Division under the Planning & Community Development Department. Specifically, the following sections of code require changes: Section 1-5-3 Abolishes the CDBG/HOME & Housing Division under the Planning & Community Development Department and creates the Housing & Citizen Services Department.. Section 4-8-4 Provides certain authorities with respect to the International Property and Maintenance Code to the current director position in Planning & Community Development. This authority will be transferred to the Director of Housing & Citizen Services or designee with the proposed changes. Section 8-1-8 Outlines rules and regulations governing the Emergency Housing Rehabilitation Program. The process for funding and application, qualifications for the program and all authorities of approval and criteria for assistance which will be transferred by the code changes to the Housing & Citizen Services Director with such processes housed in the Housing & Citizen Services Department FINANCIAL IMPLICATIONS: There is no cost associated with the reorganization as described herein or the code changes proposed. BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: None. ALTERNATIVES: City Council could deny the Pueblo Municipal Code changes which would complicate the proposed reorganization to improve housing program management and would confuse the authorities related to delivering these important services for the community. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: None ORDINANCE NO.10974 AN ORDINANCE AMENDING SECTION 1-5-3 OF CHAPTER 5 OF TITLE I OF THE PUEBLO MUNICIPAL CODE RELATING TO THE DEPARTMENTAL ORGANIZATION, ABOLISHING THE DIVISION OF CDBG/HOME/HOUSING UNDER THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT, ESTABLISHING THE DEPARTMENT OF HOUSING AND CITIZEN SERVICES AND AMENDING SUBSECTION 4-8-4(2) OF CHAPTER 8 OF TITLE IV AND SECTION 8-1-8 OF CHAPTER 1 OF TITLE VIII OF THE PUEBLO MUNICIPAL CODE TO MAKE CONSISTENT THEREWITH BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Section 1-5-3 of Chapter 5 of Title I of the Pueblo Municipal Code is amended to read as follows: -5-3 OF CHAPTER 5 OF TITLE I OF THE PUEBLO MUNICIPAL CODE RELATING TO DEPARTMENTAL ORGANIZATION, ABOLISHING THE STORMWATER UTILITY DIVISION UNDER THE PUBLIC WORKS DEPARTMENT, ESTABLISHING THE STORMWATER UTILITY DEPARTMENT AND AMENDING TITLE XVI OF THE PUEBLO MUNICIPAL CODE TO MAKE CONSISTENT ance is not passed) Sec. 1-5-3. Departmental organization; divisions. (a) The administrative service of the City shall be divided under the Mayor into the following departments and heads thereof, and may be divided into the following divisions: Department Head (1) Finance Director of Finance (2) City Clerk and Records City Clerk (3) Police Chief of Police a. Operations Bureau b. Support Services Bureau c. Investigation Division d. Crime Prevention Division e. Traffic Division f. Code Enforcement Division (4) Fire Fire Chief a. Fire-fighting Division b. Fire Prevention Division c. Communications Division d. Training Division (5) Public Works Director of Public Works a. Engineering Division b. Streets Maintenance Division c. Stormwater Utility Division d. Traffic Maintenance Division e. Public Building Maintenance Division f. Transportation Division g. Solid Waste Division (6) Parks and Recreation Director of Parks and Recreation a. Park Maintenance b. Recreation Division c. Swimming Pools Division d. Golf Course Division e. Cemeteries Division (7) Aviation Director of Aviation a. Airport Operation b. Property Management (8) Purchasing Director of Purchasing (9) Law City Attorney (10) Human Resources Director of Human Resources (11) Planning and Community Development Director of Planning and a. Land Use Division Community Development b. Transportation Planning Division \[c. CDBG/HOME/Housing Division\] (12) Information Technology Director of Information Technology (13) Housing & Citizen Services Director of Housing & Citizen Services (b) The designation of divisions and the description of division functions as set forth in this Chapter shall not be deemed to limit a department head from reorganizing his or her department from time to time as circumstances may require. Any such reorganization shall be reported to the Mayor without unnecessary delay and shall become effective immediately upon regulation issued by the Mayor. (c) Reference to a department or department head in this Code by any title other than as set forth in this Section shall be construed to refer to the department or department head as set forth herein. -5-3 OF CHAPTER 5 OF TITLE I OF THE PUEBLO MUNICIPAL CODE RELATING TO DEPARTMENTAL ORGANIZATION, ABOLISHING THE STORMWATER UTILITY DIVISION UNDER THE PUBLIC WORKS DEPARTMENT, ESTABLISHING THE STORMWATER UTILITY DEPARTMENT AND AMENDING TITLE XVI OF THE PUEBLO MUNICIPAL CODE TO MAKE CONSISTENT ce is passed) Sec. 1-5-3. Departmental organization; divisions. (a) The administrative service of the City shall be divided under the Mayor into the following departments and heads thereof, and may be divided into the following divisions: Department Head (1) Finance Director of Finance (2) City Clerk and Records City Clerk (3) Police Chief of Police a. Operations Bureau b. Support Services Bureau c. Investigation Division d. Crime Prevention Division e. Traffic Division f. Code Enforcement Division (4) Fire Fire Chief a. Fire-fighting Division b. Fire Prevention Division c. Communications Division d. Training Division (5) Public Works Director of Public Works a. Engineering Division b. Streets Maintenance Division c. Traffic Maintenance Division d. Public Building Maintenance Division e. Transportation Division f. Solid Waste Division (6) Parks and Recreation Director of Parks and Recreation a. Park Maintenance b. Recreation Division c. Swimming Pools Division d. Golf Course Division e. Cemeteries Division (7) Aviation Director of Aviation a. Airport Operation b. Property Management (8) Purchasing Director of Purchasing (9) Law City Attorney (10) Human Resources Director of Human Resources (11) Planning and Community Development Director of Planning and a. Land Use Division Community Development b. Transportation Planning Division \[c. CDBG/HOME/Housing Division\] (12) Information Technology Director of Information Technology (13) Stormwater Director of Stormwater (14) Housing & Citizen Services Director of Housing & Citizen Services (b) The designation of divisions and the description of division functions as set forth in this Chapter shall not be deemed to limit a department head from reorganizing his or her department from time to time as circumstances may require. Any such reorganization shall be reported to the Mayor without unnecessary delay and shall become effective immediately upon regulation issued by the Mayor. (c) Reference to a department or department head in this Code by any title other than as set forth in this Section shall be construed to refer to the department or department head as set forth herein. SECTION 2. Subsection 4-8-4(2) of Chapter 8 of Title IV of the Pueblo Municipal Code is amended to read as follows: Sec. 4-8-4. Amendments to the I.P.M.C. The following Subsections of the I.P.M.C. are hereby amended to read as follows: . . . (2) Subsection 103.2 Appointment. The Mayor, Department of Planning and Community Development, the Building Official (as defined in Chapter 1 of this Title), Code Enforcement Officers designated under Chapter 5 of Title XVII, Pueblo Municipal Code as amended, the Fire Chief, the Police Chief and the Police Department's Police Support Technicians, the Health Officer, Director of Housing & Citizen Services, and any of their designees shall each be deemed Code Officials for purposes of the I.P.M.C. The following Code Officials shall have responsibility for enforcement of the following Sections of the I.PM.C., but the Mayor may, from time to time, delegate or reassign responsibility to enforce any section of the I.P.M.C to any Code Official: a. Director of Planning and Community Development or designee thereof: Subsection 301.3, Section 303, Section 306, Section 308, and Section 302, except Subsection 302.5; b. Police Department and its Police Support Technicians Code Enforcement Officers: Section 301.3, Subsection 302.8, Section 303, Section 307.1, Section 308, and Section 302, except Subsection 302.5; c. Building Official: Section 304 and Section 606; and the following Sections, but only as to commercial buildings: Subsection 301.3, Subsection 307.1, Section 504, Section 505, Section 506, Section 507, Section 603, Section 604, Section 605, and Section 607. d. Fire Chief: Subsection 307.1; Section 701, Section 702, Section 703, and Section 704; e. Health Official: Subsection 301.3, Subsection 302.5, Section 308, Section 309; and f. Director of Housing & Citizen Services \[Director of Planning and Community Development or designee thereof\]: the following Sections, but only as to residential buildings: Subsection 301.3, Section 305, Section 306, Subsection 307.1, Section 401, Section 402, Section 403, Section 404, Section 501, Section 502, Section 503, Section 504, Section 505, Section 506, Section 507, Section 601, Section 602, Section 603, Section 604, Section 605, and Section 607. SECTION 3. Section 8-1-8 of Chapter 1 of Title VIII of the Pueblo Municipal Code is amended to read as follows: Sec. 8-1-8. Emergency Housing Rehabilitation Program. (a) A special housing rehabilitation revolving fund to be designated Emergency Housing Rehabilitation Fund is hereby established. Appropriations to said Fund may be made by the City Council by resolution. Payments out of said Fund shall be made by the Director of Finance upon the written request of the Director of the Department of \[Planning and Community Development or designee thereof\] Housing & Citizen Services based upon applications for assistance submitted and approved in accordance with the provisions of this Section. (b) The owner of any owner-occupied residential building who qualifies under Subsection (c) of this Section shall be entitled to make application for emergency housing rehabilitation assistance within thirty (30) days after occurrence of a qualifying event. Applications shall be timely made to the Department of \[Planning and Community Development\] Housing & Citizen Services upon forms prepared by said Department. (c) The owner of an owner-occupied residential building may qualify and be eligible for emergency housing assistance if such owner either receives a Notice and Order under the International Property Maintenance Code, as adopted and amended by the Pueblo Municipal Code, as amended, ("I.P.M.C.") or, if the I.P.M.C. is not applicable, receives notice from a code official that the residential building fails to meet requirements of any other building codes or ordinances of the City. In such case, the owner may apply for housing rehabilitation assistance if the income and assets, excluding the value of the building in question, of such owner, or of a family the head of which or whose spouse is the owner, are within the limits prescribed for persons or families occupying public housing in the City financed pursuant to Chapter 8, Title 42 United States Code. The Department of \[ Planning and Community Development\] Housing & Citizen Services shall certify all owner-applicants meet such qualifications. The department will prepare an estimate of the costs of repairs required to rehabilitate said building to meet the standards of the Housing Code. (d) The Director of the Department of \[ Planning and Community Development or designee thereof \] Housing & Citizen Services shall consider all applications for emergency housing rehabilitation assistance and, subject to available appropriations, may approve any application meeting the program requirements. All grants of assistance shall be used only for repairs and rehabilitation of an owner-occupied residential building which will abate the conditions which make the building noncompliant with the I.P.M.C. or other building codes or ordinances. (e) The Department of \[Planning and Community Development \] Housing & Citizen Services shall not approve any application for assistance until after the Director of Finance shall certify in writing to the Director of the Department of \[Planning and Community Development \] Housing & Citizen Services that there are sufficient monies in the Emergency Housing Rehabilitation Fund for such grant of assistance and until after the Department of \[Planning and Community Development\] Housing & Citizen Services receives proof that the applicant-owner is the fee owner of said land and building. (f) The owner of any owner-occupied residential building who receives housing rehabilitation assistance shall enter into an agreement with the City, on forms to be approved by the City Attorney, to repay to the City such financial assistance based on existing loan formulas and criteria used within the Department of \[Planning and Community Development\] Housing & Citizen Services. Such repayment agreement shall be placed of record and shall become and remain a lien and encumbrance on the building and land upon which the building is located until paid in full. Said grant of assistance shall become due and payable immediately upon the transfer of title to said land and building by the owner, or, upon the death of the owner, unless title to said land and building shall pass to the spouse of or an issue of such owner who meets the qualification of Subsection (c) hereof, and the Department of \[Planning and Community Development\] Housing & Citizen Services shall certify the same in writing to the Director of Finance within sixty (60) days after the death of such owner. Failure of the surviving spouse or issue of the deceased owner to request and obtain such certification from the Director of the Department of \[Planning and Community Development or designee thereof \]Housing & Citizen Services within said sixty-day period shall conclusively constitute a waiver of all rights of such surviving spouse or issue to further defer repayment of the grant of assistance. (g) All repayments of rehabilitation grants of assistance shall be credited to the Emergency Housing Rehabilitation Fund. (h) Nothing contained in this Section shall obligate the City Council to appropriate funds to the Emergency Housing Rehabilitation Fund. SECTION 4. The officers and staff of the City are authorized to perform and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures within. SECTION 5. This Ordinance is subject to and conditioned upon City Council passage and approval of an AMENDING THE FISCAL YEAR 2025 STAFFING ORDINANCE BY adding a section entitled housing & Citizen Services, adding One (1) full-time housing & citizen services director to THE AUTHORIZED staffing of the housing & citizen services Department and amendment of the SECTION 6. Subject to such conditions, this Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on June 9, 2025. Final adoption of Ordinance by City Council on June 23, 2025. ____________________________ President of City Council Action by the Mayor: Approved on _______________. Disapproved on ______________ based on the following objections: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Mayor Action by City Council After Disapproval by the Mayor: Council did not act to override the Mayor's veto. Ordinance re-adopted on a vote of ____________, on _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk