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HomeMy WebLinkAboutMinutes City Council - 03/24/2009I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of March 24, 2009, which were approved by the City Council on April 14, 2009. WITNESSETH MY HAND AND SEAL, on this the 14th day of April, 2009. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 24, 2009 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Larry Elizondo, Sr. Council Members: Melody Cooper* Mike Hummell Bill Kelly Priscilla Leal Michael McCutchon John Marez** Nelda Martinez *Arrived at 10:08 a.m. **Arrived at 12:00 p.m. City Staff: City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Scott Downey with Bay Area Fellowship and the Pledge of Allegiance to the United States flag was led by Council Member Priscilla Leal. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Garrett called for approval of the minutes of the regular Council meeting of March 10, 2009. A motion was made and passed to approve the minutes as presented. * ** * **** * * * * Mayor Garrett called for consideration of the consent agenda (Items 2 —10.3). City Secretary Chapa announced that Items 10.1., 10.2, and 10.3. were added to consent on a Supplemental Agenda. There were no comments from the public. Council members requested that Items 4, 5, 6, and 8 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2009-064 Motion approving the lease purchase of sixteen (16) heavy trucks with the following companies for the following amounts in accordance with Bid Invitation No. BI -0108-09, based on low bid and low bid meeting specifications for a total amount of $1,300,112, of which $23,943.54 is budgeted in FY 2008-2009. The vehicles will be used by the Solid Waste, Street and Water Departments. All units are replacements to the fleet. Financing for the heavy trucks will be provided through the City's lease/purchase financing program. Grande Truck Center San Antonio, Texas Line Items: 1, 2, 3, 4, 5,6&7 $1,015,499 Grand Total San Tex Truck Center San Antonio, Texas Line Item: 8 $284,615 $1,300,112 Minutes — Regular Council Meeting March 24, 2009 — Page 2 The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. 3. ORDINANCE NO. 028095 Ordinance appropriating $31,605.15 from the State of Texas in the No. 1061 Police Grants Fund — Law Enforcement Officer Standards and Education for the training of police personnel and purchase of training equipment. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. MOTION NO. 2009-068 Motion approving the application from the Buccaneer Commission to temporarily close the following street sections for the 8th Annual "Buc Days BBQ Challenge" and the annual "Buccaneer Days Carnival and Rodeo Festival" to begin on Thursday, April 23, 2009 through Sunday, May 3, 2009. A. The temporary half street closure of Water Street between the intersection of Water Street and Palo Alto Street and approximately 230 feet north of Palo Alto Street and the temporary street closure of Water Street beginning 60 feet south of Fitzgerald Street to the intersection of Water Street and Resaca Street; beginning at 8:00 a.m. Friday, April 17, 2009 through 5:00 p.m. Wednesday, May 6, 2009. A. The temporary street closure of Fitzgerald Street between the intersection of Fitzgerald Street and Southbound Shoreline Boulevard and the intersection of Chaparral Street, beginning at 8:00 a.m. Friday, April 17, 2009 through 5:00 p.m. Wednesday, May 6, 2009. B. The temporary street closure of Resaca Street between the intersection of Resaca Street and Southbound Shoreline Boulevard and the intersection of Resaca Street and Chaparral Street, beginning at 8:00 a.m. Friday, April 17, 2009 through 5:00 p.m. Wednesday, May 6, 2009. C. The temporary street closures of northbound and southbound Shoreline Boulevard and the Barge Dock, between the intersection of Resaca Street and the Art Museum of South Texas, beginning at 8:00 a.m. Friday, April 17, 2009 through 5:00 p.m. Wednesday, May 6, 2009. D. The temporary street closure of Palo Alto Street between the intersection of Palo Alto Street and Water Street and the intersection of Palo Alto Street and Southbound Shoreline, beginning at 8:00 a.m. Friday, April 17, 2009 through 5:00 p.m. Wednesday, May 6, 2009. E. In cooperation with the Texas Department of Transportation, North Broadway Street, including under US 181 Harbor Bridge, between the intersection of North Broadway Street and Fitzgerald Street and the intersection of North Broadway Street and Brewster Street will require temporary closure for staging of professional rodeo cowboys truck/trailers beginning at 8:00 a.m. Friday, April 17, 2009 through 9:00 p.m. Monday, April 27, 2009. Minutes — Regular Council Meeting March 24, 2009 — Page 3 F. Temporary street closure of the north portion of Fitzgerald Street between the intersection of Fitzgerald Street and North Broadway Street and the intersection of Fitzgerald Street and Mesquite Street, for staging of professional rodeo cowboys truck/trailers beginning at 8:00 a.m. Friday, April 17, 2009 through 9:00 p.m. Monday, April 27, 2009. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Rummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. 9. ORDINANCE NO. 028097 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 17, regarding lowering utility payment electronic payment processing fees; providing for an effective date of April 1, 2009; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Rummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. 10. ORDINANCE NO. 028098 Revising Section 33-75(c), Code of Ordinances, City of Corpus Christi, to prohibit waterfowl hunting within 1,000 feet of Laguna Shores Shoreline; providing for penalties; and providing for publication. (First Reading 03/10/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Elizondo, Rummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. 10.1. MOTION NO. 2009-069 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with RVE, Inc., of Corpus Christi, Texas in the amount of $653,945, for Mansheim and Helen from Gabriel to Kostoryz, Sunnybrook to Gollihar, and Johnston Drive from McArdle to Sunnybrook for design, bid and construction phase services. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Rummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. 10.2. MOTION NO. 2009-070 Motion authorizing the City Manager or his designee to execute an environmental consulting services contract with the Coastal Bend Bays & Estuaries Program, Inc., of Corpus Christi, Texas in an amount of $324,720 for the Nueces River Basin Feasibility Study (Nueces Delta Ecological Field Research and Nueces Delta Hydrodynamic Transport Analysis and Modeling) including: Minutes — Regular Council Meeting March 24, 2009 — Page 4 • Vegetation distribution • Pore -water salinity and nutrient inputs • Seasonal and geographical photosynthesis variation • Data collation, collection and analysis • Computational model development of water levels, salt and temperature variation The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. 10.3. RESOLUTION NO. 028099 Resolution authorizing the Mayor to execute an Interlocal Cooperation Agreement with Nueces County, San Patricio County, and the City of Ingleside for the creation of an independent Defense Base Development Authority as the successor for the Ingleside Local Redevelopment Authority. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. Mayor Garrett opened discussion on Item 4 regarding the Neighborhood Street Reconstruction project. Council Member McCutchon asked whether the change order was required for the cost of additional materials. Director of Engineering Pete Anaya explained that the change order was generated by the replacement of additional driveways that were not part of the original plan. Council Member Elizondo asked questions regarding the specification upgrade for the construction of new roads. City Manager Escobar stated that the new construction of subdivision roads is being incorporated in the Unified Development Code and a program is being created to upgrade the minimum design for residential streets. City SecretaryChapa polled the Council for their votes as follows: MOTION NO. 2009-065 Motion authorizing the City Manager or his designee to execute Change Order No. 16 to the construction contract with Haas -Anderson Construction, Ltd. Of Corpus Christi, Texas, in the amount of $121,157.05 for a revised contract amount of $9,176,918.22 for Neighborhood Streets Clusters 1, 2, 3, 5 and 7 for additional material quantities required to close out the project. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 5 regarding Yorktown Boulevard — Staples to Cimarron Improvements. Director of Engineering Services Pete Anaya and representatives from Freese and Nichols Ron Guzman and Mike Nichols were available to respond to questions. The following topics pertaining to this item were discussed: projects from the 2008 bond that have not had any action taken; whether projects that already have contracts are ahead of projects that have not gone out for bid; who decided that Williams would be one of the last projects constructed; prioritization and scheduling of roads; when staff expects to take action on the remaining contracts; the policy on the use of local contractors; the local Freese and Nichols office; coordination with the Regional Transportation Authority (RTA) to establish bus routes to the Yorktown and Staples area and the Crestmont area (Holly and Kostoryz); the status of the Corps of Engineers permit for Laguna Minutes — Regular Council Meeting March 24, 2009 — Page 5 Shores; the distribution of engineering contracts; the street construction for Cluster 5 — Crestmont area; whether the schedule for Yorktown Boulevard can be accelerated; and administratively approved contracts. Council Member Hummell requested that staff review the selection of contractors and the distribution of engineering contracts to ensure that it is consistent with the local participation policy and the consideration of local firms. City Secretary Chapa polled the Council for their votes as follows; 5. MOTION NO. 2009-066 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $999,871 for Yorktown Boulevard — Staples to Cimarron for design, bid and construction phase services. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 6 regarding the Texas International Boat Show. Council Member Hummell expressed concern regarding dog feces on the seawall and asked whether there was an ordinance restricting the walking of dogs on the seawall. Assistant City Manager Margie Rose stated that there was not an ordinance restricting dogs on the seawall. Assistant City Attorney Jay Reining explained that Code of Ordinances, Section 6-37 requires that owners remove feces from public or private property. Council Member Hummell asked the City Manager to talk to Acting Police Chief Mike Walsh or the Marina patrol about the enforcement of this ordinance. In response to Council Member Cooper, City Manager Escobar stated that this is the third year of the five year contract with the boat show and that the City hopes to renew the contract. City Secretary Chapa polled the Council for their votes as follows: 6. MOTION NO. 2009-067 Motion approving the application from MMD Communication to temporarily close the following street sections, the Peoples Street T -Head and the entire Peoples Street T -Head water area as outlined below for the Texas International Boat Show event to be held Thursday, April 23, 2009 through Sunday, April 26, 2009. A. The temporary street closures of northbound lanes of Shoreline Boulevard, including the medians, from the north curb line of Schatzel Street to the south right-of-way of Taylor Street, in order to facilitate the set up and tear down of Texas International Boat Show beginning at 6:00 a.m. on Saturday, April 18, 2009 until 6:00 p.m. on Monday, April 27, 2009. B. This includes the entire Peoples Street T Head Water Area encompassing Docks E, F, G, and H in the Marina, including boat slips and other amenities. The Water Premises include the northwest point of the Breakwater starting from the Peoples Street T -head following west to an equal point on the seawall in line with Taylor Street and a point South on the Peoples Street T -head South of Dock E to a point on the Seawall in line with Schatzel Street. The Peoples Street T -Head water access area closure is from April 18, 2009 at 6:00 a.m. through April 27, 2009 at 6:00 p.m. Minutes — Regular Council Meeting March 24, 2009 — Page 6 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 8 regarding the Texas Municipal Retirement System (TMRS). Director of Human Resources Cynthia Garcia, Assistant Director of Human Resource Joan McKaughan, and President of the Corpus Christi Police Officers Association Mike Staff responded to questions. Council Member Leal asked the Council and the public to support the legislation on House Bill 360. The following topics pertaining to this item were discussed: review of the TMRS proposal; whether the TMRS proposal protects retirees and current municipal employees and better assures that cities are able to afford contributions to the TMRS plan; whether the bill allows the City to gain greater market return in access of 5% which provides some balance to the legislation; if the 5% is part of the budget; current rate of return for the retirement system; diversification of the investments; market projections; how municipalities are in a position to guarantee a rate of return and ensure no risk to investments; concern with using city funds to guarantee a retirement system; the current amount of the percentage of return; whether the state dictates the municipal retirement system; whether the support of the City dictates whether HB 360 goes into effect; how much the City would pay out annually and the amount of the 5%; whether council members on the TMRS system should support the resolution; how long staff has been reviewing the TMRS system; staff's assumption of the existence of the 5% guarantee in the statute; whether the current balance is enough to extend to 2016; retirees receiving reduced benefits if the system fails; othercities looking to reduce the benefit structure for future retirees; who is working on the issue of investments; the recommendation from staff; employee and city contributions to TMRS; and the reason the legislative stakeholder group won't authorize the diversification without placing a risk on the city. City Secretary Chapa polled the Council for their votes as follows: 8. RESOLUTION NO. 028096 Resolution supporting Legislative efforts of the Texas Municipal Retirement System (TMRS) to make the TMRS system more financially stable. The foregoing resolution was passed and approved with the following vote: Cooper, Elizondo, Kelly, and Martinez, voting "Aye"; Hummell and McCutchon, voting "No"; Garrett and Leal abstained; Marez was absent. Council Member McCutchon asked City Attorney Mary Kay Fischer to clarify if this item passed. * * * * * * * * * * * * * Mayor Garrett referred to Item 15 regarding the BoldFuture for the Coastal Bend Vision Summit results. Robert J. Gonzalez, Co -Chair of BoldFuture, thanked the City for their tremendous participation in the project and for being a major sponsor. Dr. Mary Sherwood, Chief of Staff for Texas A & M University, and Claudia Jackson, Del Mar College, referred to powerpoint presentation including the prioritizing of key ideas by community leaders; the top ideas ; thriving education and entertainment themes; well-planned region themes; summit leadership; safe -healthy communities ideas; community identity and leadership ideas; sustainable environment; contributions from college and university students; youth essay contest entries; boldest ideas contest results; examples drawn from boldest ideas contest; and next steps. Minutes — Regular Council Meeting March 24, 2009 — Page 7 Mayor Garrett called for a brief recess to present proclamations and listen to public comment. Mayor Garrett called for petitions from the audience. Wilson Wakefield, 6026 Killarmet Drive, spoke in opposition to the Las Brisas plant. Ron Hamilton, 3636 South Alameda, asked the Council to revisit the discussion on the Las Brisas plant. Rebecca Klingsmith, 4325 Ocean Drive, spoke regarding the effects of the Las Brisas plant on the environment, human health, economy and wildlife. Rudy Medina, 5413 Cain, spoke regarding code enforcement violations at 5402 Holly Road. Abel Alonzo, 1701 Thames, reminded the public that early voting had begun and the importance of voting. Colin Sykes, 309 Aberdeen, spoke regarding the Las Brisas plant and the other ways of generating electricity and jobs. ,....********* Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 18. Executive session under Texas Government Code Section 551.071 regarding Cause No. 08-344, Curtis Townsend vs. City of Corpus Christi et al; with possible discussion and action in open session. 19. Executive session under Section 551.072 and Section 551.087 of the Texas Government Code for deliberations regarding the lease of real property and for deliberations regarding the offer of a financial or other incentive to a business prospect relating to Memorial Coliseum with possible discussion and action related in open session. The Council went into executive session. The Council returned from executive session and the following motions were passed with the following vote: 19. MOTION NO. 2009-073 Motion directing staff to continue negotiations with Leisure Horizons and report back to the City Council next week, March 31s`. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 18. MOTION NO. 2009-072 Motion authorizing the City Manager to employ the law firms of Hermansen, McKibben, Woolsey & Villarreal, L.L.P., and Canales & Simonson, P.C., to provide legal representation in Cause No. 08-344, Curtis Townsend vs. City of Corpus Christi, et al, at an hourly rate not exceeding $200 subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. ************* Minutes — Regular Council Meeting March 24, 2009 — Page 8 Mayor Garrett opened discussion on Item 17 regarding the final report from the Charter Review Ad Hoc Committee. Chairman of the Charter Review Committee Bob White introduced the committee members present including Bill Kopecky, John Bell, Leah Olivarri, and Mary K. Fant. Mr. White provided a brief overview including the committee members; the number of meetings; attendance; the discussion and changes to the five (5) propositions; two (2) recommendations; and surveys and research from other cities. Mr. White listed the propositions as follows: 1) updating the petition requirements for initiative and referendum and recall elections to comply with State law and make them consistent; 2) increasing the salary of city council members to $12,500 per year and of the Mayor to $18,750 per year and allowing the Mayor and other members of the City Council or their families who are eligible to participate in any health and dental plans offered to city employees if they pay 100% of the premiums for such plans; 3) changing the term limits on the Mayor and Council members to cumulative lifetime maximum limit and disallowing a person to become eligible for election to a new term limit after not serving one full term; 4) addition a position of City Auditor who shall be appointed by the City Council; and 5) clarifying the provisions concerning leases, franchise and use privilege agreements to include authorization to enter into license agreements when a lease or franchise is not applicable and allow multi-year agreements no longer than five years. Mr. White provided an overview of the recommendations regarding the election date and the property tax cap. Mr. Kopecky spoke regarding the council salary and the tax cap. Mr. Bell spoke regarding the discussions on the term limits and stated that he did not think the tap cap was a good idea. Ms. Fant thanked the Council for considering her as a member for the committee. The following topics pertaining to this item were discussed: the reasons the current council will not consider the recommendations; the next council adopting the ordinance calling the election; determination of the compensation amount; term limits; indexing the compensation to inflation; the recommendation for health insurance; the lawsuit regarding council compensation; and changes to the length of terms. Council Member McCutchon requested to go on record that he supported having the current council consider the recommendations. Mayor Garrett opened discussion on Item 14 regarding the appointment of the financial team for the Texas General Obligation Improvement Bonds, Series 2009. Interim Director of Financial Services Constance Sanchez introduced Yolanda Olivarez with Wells Fargo; Nancy Rocha and George Padaga with Cabera Capital Markets, Inc.; Art Morales with Ramirez & Co., Inc.; and Mark Seal with M.E. Allison and Company. Ms. Sanchez explained that if the items passes, staff will bring an ordinance for approval of the bond order, the purchasing contract, and delegation of authority for pricing the bonds. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 14. MOTION NO. 2009-071 Motion authorizing the appointment of M. E. Allison as Financial Advisor; Wells Fargo Brokerage Services as Senior Manager; Cabrera Capital Markets, Inc., First Southwest Company, JP Morgan Securities, Inc., Ramirez & Co., Inc., SAMCO Capital Markets, Inc. as Co -Managers; and Fulbright & Jaworski as Bond Counsel for the City of Corpus Christi, Texas General Obligation Improvement Bonds, Series 2009. Minutes — Regular Council Meeting March 24, 2009 — Page 9 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, and Martinez voting "Aye"; Elizondo and Marez were absent. Mayor Garrett referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0109-06, Charles K. Miller, Jr.: A change of zoning from an "1-2" Light Industrial District to an "1-3" Heavy Industrial District for an above ground fuel storage tank with a 15,000 gallon capacity on property described as 1,750 square feet out of Roblex Industrial Area, Block 6, Lot 16, located on the east side of Flato Road approximately 0.17 miles north at Bear Lane. City Secretary Chapa stated that the Planning Commission and staff recommended denial of an "1-3" Heavy Industrial District, and in lieu thereof, approval of an "I-2/SP" Light Industrial District with a Special Permit to allow one (1) UL2085 above ground fuel storage tank not to exceed 15,000 gallons, subject to a site plan and four (4) conditions. No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 11. ORDINANCE NO. 028100 Amending the Zoning Ordinance, upon application by Charles K. Miller, Jr., by changing the Zoning Map in reference to 1,750 square feet out of Roblex Industrial Area, Block 6, Lot 16, from "1-2" Light Industrial District to "I-2/SP" Light Industrial District with a Special Permit to allow one (1) UL2085 above ground fuel storage tank not to exceed 15,000 gallons, subject to a Site Plan and four (4) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, and Martinez voting "Aye"; Elizondo and Marez were absent. Mayor Garrett referred to Item 12, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0209-01, City of Corpus Christi / Thomas Gaddis, property owner: A change of zoning from a "A-2" Apartment House District from an "HC -III" Historic Cultural -Landmark III District to an "A-2" Apartment House District to remove the historical designation on property described as Jones Subdivision, Block 3, Lot 10 and adjacent alley, located at 1613 Mestina Street east of the Crosstown Expressway and west of Mexico Street. City Secretary Chapa stated that the Planning Commission and staff recommended approval of rescinding the "HC -III" Historic Cultural Designation. Minutes — Regular Council Meeting March 24, 2009 — Page 10 No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council fortheirvotes as follows: 12. ORDINANCE NO. 028101 Amending the Zoning Ordinance, upon application by the City of Corpus Christi Landmark Commission, on behalf of Thomas Gaddis, by changing the Zoning Map in reference to Jones Subdivision, Block 3, Lot 10 and adjacent alley, from "A-2/HC-III" Apartment House District with a Historical -Cultural Landmark III District Designation to an "A-2" Apartment House District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, and Martinez voting "Aye"; Elizondo and Marez were absent. Mayor Garrett opened discussion on Item 13 regarding a zoning text amendment. City Secretary Chapa announced that Item 13 was withdrawn. 13. WITHDRAWN Mayor Garrett referred to Item 16 regarding an update on the Development Services Process Improvements. Interim Assistant City Manager of Development Services Johnny Perales introduced George Arimes with Horizon Centre and Customer Service and Process Improvement Manager Sylvia Arispe. Mr. Perales referred to a powerpoint presentation including primary customer service objectives; consistent customer experience; new versus existing services concepts; recent focus areas; public outreach efforts; customer survey sample; process improvement; business plan development; employee morale and work environment; and steps to move forward. The following topics pertaining to this item were discussed: the timeframe for hiring additional inspectors; giving the inspectors authority to make decisions; predictable manners; MIS allocations; consistent review from inspectors; training; project managers; and a check list. Council Member Martinez requested a timeline with measures for each of the components of the development services process improvements within the next 60 days. Mayor Garrett requested an update in the City Manager's Report or by presentation on the status of all critical vacancies available citywide. ************* Council Member McCutchon requested clarification on the vote for Item 8. City Secretary Chapa explained that ordinances and resolutions require five (5) votes to pass by charter except for abstentions. Council Member McCutchon asked questions regarding the conflict of interest qualifications and requested a legal opinion of whether the criteria was met for a formal abstention. Minutes — Regular Council Meeting March 24, 2009 — Page 11 There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 3:07 p.m. on March 24, 2009.