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HomeMy WebLinkAboutcc min 2004/04/06 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 6, 2004 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:03 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, McCarm, Salas, Rindone, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and Assistant City Clerk Norris PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY CONSERVATION AND ENVIRONMENTAL SERVICES DIRECTOR MEACHAM OF THE BUSINESS RECYCLING A WARDS TO THE FOLLOWING CHULA VISTA BUSINESSES: GOODRICH AEROSTRUCTURES, G.!. TRUCKING, KEG AND BOTTLE LIQUOR, PREMIER PRODUCE, BOL BOL PRODUCE, JIMMY'S FAMILY RESTAURANT, COORS AMPHITHEATRE, BONITA POINT 76, AND L YNWOOD SOUTH MOBILE HOME PARK Conservation and Environmental Services Director Meacham reported that residents are now doing 75 percent ofthe total volume of recycling and have reduced their solid waste contribution to landfills by two-thirds. There is a need to focus on conservation measures by local businesses. He then introduced Conservation Coordinator France, who presented business recycling awards to the various local businesses that are embracing recycling efforts in Chula Vista. . PRESENTATION BY MAYOR PADILLA TO BUILDING OFFICIAL REMP OF A PROCLAMATION DECLARING THE WEEK OF APRIL 4, 2004 THROUGH APRIL 10,2004 AS BUILDING SAFETY WEEK IN THE CITY OF CHULA VISTA Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Building Official Remp. . PRESENTATION BY MAYOR PADILLA TO LEAD COMMUNICATIONS OPERATOR TINA JONES OF A PROCLAMATION DECLARING THE WEEK OF APRIL II THROUGH APRIL 17 AS NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK Mayor Padilla read the proclamation, and Deputy Mayor Salas presented Ms. Jones. SPECIAL ORDERS OF THE DAY (Continued) . PRESENTATION BY MAYOR PADILLA TO EMERGENCY SERVICES MANAGER CARLOS BEJAR OF A PROCLAMATION DECLARING THE MONTH OF APRIL 2004 AS EMERGENCY PREPAREDNESS MONTH Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Emergency Services Manager Carlos Bejar. . PRESENTATION BY MAYOR PADILLA TO ASSISTANT CITY MANAGER FRUCHTER OF THE EXCELLENCE IN OPERATING BUDGET AWARDS FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION OF THE UNITED STATES AND CANADA AND THE CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS, AND THE EXCELLENCE IN PUBLIC COMMUNICATIONS AWARD FROM THE CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS Assistant City Manager Fruchter accepted, on behalf of the City's Office of Budget and Analysis and the Finance Department, the Excellence in Operating Budget Awards and the Excellence in Public Communications Award. Mayor Padilla and Deputy Mayor Salas then presented the awards to Ms. Fruchter and her staff. Ms. Fruchter stated that it was exciting for the City to receive the awards, which represent the pinnacle of budget excellence. She also thanked staff for their hard work. Mayor Padilla commented on the dedicated staff serving the City and added that the distinguished awards were a testament to Ms. Fruchter and her leadership. Councilmember Rindone congratulated Ms. Fruchter and her staff, stating that Ms. Fruchter has transformed the budget process into a detailed but straightforward format. Councilmember McCarm commended Ms. Fruchter and her staff, stating that Ms. Fruchter is a "Superstar" in both the City and the community. Councilmember Davis congratulated Ms. Fruchter on a job well done and for her great leadership. Deputy Mayor Salas congratulated Ms. Fruchter and acknowledged her fine work in building a great team. She added that the loyalty of Ms. Fruchter's staff is driven by love and respect for her. CONSENT CALENDAR (Items 1 through 9) Councilmember McCarm armounced that he would vote no on Item 2 to remain consistent with his vote on March 23, 2004. He also expressed the needs to continue to enforce and elevate the standards on the west side of the City and improve old neighborhoods. Councilmember Rindone also armounced that he would vote no on Item 2 to remain consistent with his vote on March 23, 2004 and expressed concern about potential negative impacts on the neighborhoods. Page 2 - Council Minutes April 6, 2004 CONSENT CALENDAR (Continued) Deputy Mayor Salas stated that she would abstain on Item 9 due to the proximity of her residence to the event. 1. APPROVAL OF MINUTES of March 16, 2004. Staff recommendation: Council approves the minutes 2. ORDINANCE NO. 2957, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING SECTION 19.58.022 OF THE CHULA VISTA MUNICIPAL CODE (SECOND READING) Adoption of the ordinance amends the regulations for accessory second dwelling units to allow the Director of Plarming and Building to waive the two-car garage requirement for certain properties when it would detract from the character of the neighborhood. (Director of PI arming and Building) Staff recommendation: Council place the ordinance on second reading. 3. RESOLUTION NO. 2004-095, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON MARCH 2, 2004, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW The Registrar of Voters has transmitted the certified results of the general municipal election held on March 2,2004. Elections Code Section 15372 requires the City Clerk, as the elections official, to transmit the certified results to the City Council. Elections Code Section 15400 requires the City Council to declare the results of the election. The proposed resolution contains the official results as reported by the Registrar of Voters. (City Clerk) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2004-096, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CHULA VISTA NATURE CENTER TO APPLY FOR GRANT FUNDS FROM THE FEDERAL LAND AND WATER CONSERVATION FUND PROGRAM, ADMINISTERED BY THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION, AND APPOINTING THE NATURE CENTER DIRECTOR AS THE CITY'S AGENT TO EXECUTE RELATED AGREEMENTS WITH THE STATE IF A GRANT IS AWARDED The Chula Vista Nature Center's interior exhibit remodel project is eligible for consideration to receive grant funds through the Federal Land and Water Conservation Fund Program administered by the State of California Department of Parks and Recreation. A resolution of the City Council authorizing the Nature Center's grant application and designating the City's representative is a required element of the submittal. (Nature Center Director) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes April 6, 2004 CONSENT CALENDAR (Continued) 5. RESOLUTION NO. 2004-097, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $800,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND TO REIMBURSE THE WORKERS' COMPENSATION FUND FOR WORKERS' COMPENSATION CLAIMS EXPENDITURES THROUGH THE END OF THE FISCAL YEAR Workers' Compensation legislatively mandated benefit increases and extraordinary claim costs have resulted in a shortfall of funds available to cover claims expenses through the end of the fiscal year. This appropriation and the associated allocation of funds will cover these costs. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 6A. RESOLUTION NO. 2004-098, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING CITY STAFF'S ACTIONS APPROVING CHANGE ORDER NOS. 10 AND 11, ASSOCIATED WITH THE H STREET RECONSTRUCTION, 1-5 TO BROADWAY (PROJECT STM-334), AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO EXECUTE SAID CHANGE ORDERS ON BEHALF OF THE CITY B. RESOLUTION NO. 2004-099, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO APPROVE ANY FUTURE CHANGE ORDERS, COMMENCING WITH CHANGE ORDER NO. 12, IN THE MAXIMUM CUMULATIVE TOTAL OF $135,080, UNDER COUNCIL POLICY 574-01, FOR THE H STREET RECONSTRUCTION, 1-5 TO BROADWAY (PROJECT STM-334) Adoption of the resolutions ratifies staffs actions in approving Change Order Nos. 10 and 11, totaling $110,400, and gives the Director of Public Works Operations authorization to approve any future change orders through the remaining course of construction for this project in the maximum aggregate cumulative total of $135,080 as set forth in City Council Policy No. 574-01. (Director of Public Works Operations) Staff recommendation: Council adopt the resolutions. 7A. RESOLUTION NO. 2004-100, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FROM THE UNENCUMBERED TRAFFIC CONGESTION RELIEF FUND (AB-2928) BALANCE, AND AUTHORIZING STAFF TO CREATE AND EXPEND ALL THE FUNDS IN A NEW STREET REHABILITATION PROJECT B. RESOLUTION NO. 2004-101, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AUTHORIZING STAFF TO INCREASE VALUE OF CONTRACT TO EXPEND ALL AVAILABLE FUNDS, AND A WARDING CONTRACT FOR THE PAVEMENT REHABILITATION PROGRAM - FISCAL YEAR 2004 - OVERLAY - IN THE CITY OF CHULA VISTA (PROJECT STL-293) Page 4 - Council Minutes April 6, 2004 I . ------------ CONSENT CALENDAR (Continued) On October 13, 2000, cities statewide were issued grants by the State Controller provided by Assembly Bill 2928, 'Traffic Congestion Relief Fund." These monies must be used only for street and highway pavement maintenance, rehabilitation and reconstruction. A balance of unencumbered funds remains in the account. On March 10,2004, the Director of General Services received sealed bids for this project (STL-293). (Director of General Services) Staff recommendation: Council adopt the resolutions. 8. RESOLUTION NO. 2004-102, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING AND SETTING ASIDE CERTAIN CITY- OWNED REAL PROPERTY AS RIGHT-OF-WAY FOR STREET AND PUBLIC UTILITY PURPOSES AS NECESSARY FOR THE COMPLETION OF THE EAST H STREET WIDENING PROJECT As a final step in completing the East "H" Street Widening Project, it has become necessary to formalize right-of-way on the additional properties that were used in the widening process. Adoption of the resolution designates and sets aside those properties for street and public utility purposes. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 9A. RESOLUTION NO. 2004-103, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM E STREET TO G STREET FOR THE CINCO DE MAYO CELEBRATION ON MAY 2, 2004, FROM 4:00 A.M. TO 9:00 P.M., WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT B. RESOLUTION NO. 2004-104, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION FOR FESTIVAL CINCO DE MAYO 2004 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Chula Vista Downtown Business Association is requesting the closure of Third Avenue and portions of other streets for the armual Festival Cinco de Mayo on May 2, 2004. Activities will include live entertainment along with approximately 200 arts, crafts, and food booths. (Director of Communications) Staff recommendation: Council adopt the resolutions. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0, except on Item 2, which carried 3-2, with Councilmembers McCarm and Rindone voting no; and except on Item 9, which carried 4-0-1, with Deputy Mayor Salas abstaining due to the proximity of her residence to the event. Page 5 - Council Minutes April 6, 2004 ORAL COMMUNICATIONS Mark Croshier noted that a police detective and a police officer who lost their lives in 1958 will be memorialized on a wall at the new police facility, and he asked that consideration be given to recognizing Donald Woolery, owner of a local contracting firm, who also lost his life in 1958 while searching for a missing person. PUBLIC HEARINGS 10. CONSIDERATION OF THE CITY OF CHULA VISTA COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, THE HOME INVESTMENT PARTNERSHIP PROGRAM (HOME), THE EMERGENCY SHELTER GRANT PROGRAM (ESG); AND THE AMERICAN DREAM DOWN PAYMENT INITIATIVE (ADD!) PROGRAM Each year the City undertakes a process to solicit and approve programs and projects eligible for federal funding. The public hearing provides an opportunity for the public and Council to make comments on how the funds can be allocated to meet the City's housing and community development needs. (Director of Community Development) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing Helen Stokes recognized Senior Community Development Specialist Atwood for her hard work on the CDBG application process. The following persons spoke in support of funding requests for their programs: John Thelen, Regional Task Force on the Homeless Mary Jo Buettner, Coordinating Council- Child and Youth Policy Advocate Emerald Randolph, Boys and Girls Club Susan Yates, Chula Vista American Little League David Shepherd, Chula Vista National Little League Karrin Rothdeutsch, Lutheran Social Services Olivia Laeson, South Bay Community Services - Community Development Program Cindy Gompper-Graves, South County Economic Development Commission Gunnar Schalin, Contracting Opportunities Center Mauriato Torre, South Bay Community Services - Teen Center Ken Clark, Southwestern College - Small Business Development Tina Williams, Youth Services Network Chris Boyd, Sharp Health Care Foundation Edna Lyons, YMCA Kinship Program Karen Harvell, South Bay Senior Collaborative Judith Davangino, Glenner Alzheimer Family Centers Page 6 - Council Minutes April 6, 2004 ---- --._... PUBLIC HEARINGS (Continued) Raquel Peterson, Lutheran Social Services - Emergency Assistance of Chula Vista Pam Wright, South Bay Community Services Gail Edwards, Chula Vista Family Violence Collaborative Donald Lynn, Thursday's Meal Carmel Wilson, Therapeutic Services Collaborative Pam Brunson, Therapeutic Services Collaborative Jose Rubio, MAAC Project Bob White, Veterans Home Support Foundation Kristin Gist, Children's Hospital Lynda Carrington, re-opening of the Chula Vista branch of Children's Hospital to support children with special needs. Jill Rhudy, Chula Vista Fastpitch Councilmember Rindone requested that the recommendations be based primarily on the percentage of local residents that are being served and that consideration be given to fully funding the South Bay Senior Collaborative. Mayor Padilla suggested that the Chula Vista National Little League would be an appropriate funding recipient, since it provides for an underserved population of the City. He also expressed the need to focus funding on the most vulnerable populations of the City. Councilmember Davis spoke in support of the Chula Vista Family Violence Collaborative as a noteworthy funding consideration. She agreed with the comments by Councilmember Rindone on the importance of serving Chula Vista residents. Councilmember McCarm stated that the following requests were noteworthy of Council's consideration: Boys and Girls Club, Chula Vista National Little League, and South Bay Senior Collaborative. There being no further members of the public wishing to address the Council, Mayor Padilla closed the public hearing. ACTION: Mayor Padilla moved to direct staff to return on or about May 4, 2004, with final funding recommendations. Councilmember McCarm seconded the motion, and it carried 5-0. Item No. 13 was taken out of order and discussed at this time, prior to Item No. 11. At 6:47 p.m., Mayor Padilla recessed the meeting. He reconvened the meeting at 6:49 p.m., and all members were present. 11. CONSIDERATION OF AN AMENDMENT TO SECTION 19.54.020 AND THE ADDITION OF SECTIONS 19.58.148 AND 19.58.245 TO THE ZONING ORDINANCE OF THE CHULA VISTA MUNICIPAL CODE REGULATING CERTIFIED FARMER'S MARKETS AND AMBULANCE SERVICES AS UNCLASSIFIED USES (PCA-04-02) Adoption of the ordinance provides new regulations for certified farmer's markets and provides more flexibility for locating small-scale ambulance dispatch services throughout the City. (Director of Planning and Building) Page 7 - Council Minutes April 6. 2004 - PUBLIC HEARINGS (Continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Councilmember Davis expressed concern about the potential proliferation of farmer's markets and whether or not they would have a negative impact on local businesses. Councilmember Rindone concurred and suggested that staff come back in one year with an analysis of the effects of farmer's markets on local businesses. Deputy Mayor Salas stated that the farmer's market on Third Avenue is one of the few attractions that encourages residents in the eastern territories to visit downtown. Councilmember Rindone asked how many requests for applications had been received to-date. Principal Plarmer Schmitz replied that one application was received. Eric Burch, representing American Medical Response, stated that he was available to answer questions. With no further members of the public wishing to address the Council, Mayor Padilla closed the public hearing. ACTION: Councilmember Davis moved to place following ordinance on first reading, heading read, text waived, as amended to provide that Conditional Use Permits will be issued for a one-year trial period only and that the Council will hold the primary review for Conditional Use Permits for farmer's markets: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 19.54.020 AND ADDING SECTIONS 19.58.148 AND 19.58.245 TO THE CHULA VISTA MUNICIPAL CODE TO ALLOW AND REGULATE CERTIFIED FARMER'S MARKETS AND AMBULANCE SERVICES (FIRST READING) Councilmember Rindone seconded the motion, and it carried 5-0. 12. CONSIDERATION OF AN AMENDMENT TO ORDINANCE 2579, RELATING TO INTERIM PRE-SR 125 DEVELOPMENT IMPACT FEE (Continued from March 23, 2004) In 1994, the Interim Pre-SR 125 Development Impact Fee (SR-125 DIF) was established to ensure that sufficient funds would be available to construct a contingent north-south transportation corridor should the SR-125 freeway not be constructed by CaiTrans or not be constructed in time to serve impending development. With financing now secured, environmental constraints addressed, and construction underway for SR-125, City staff recommends that the fee be tolled. Staff also recommends that the ordinance be amended to allow transportation capacity enhancement improvements to be funded from fees already collected for SR-125 DIF. (Director of General Services, City Engineer) Page 8 - Council Minutes April 6,2004 ---m.'__,', PUBLIC HEARINGS (Continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. David Krogh expressed concern about the regional transportation infrastructure and the problems associated with freeway congestion. He urged the Council to focus the SR-125 development impact fees that have been collected on regional transportation infrastructure. He also mentioned that if fees are collected for a specific purpose but are not utilized for that purpose, then they must be refunded to the current property owners. To that end, he suggested that perhaps the residents who reside near SR-125 could purchase a monthly pass to encourage use of the freeway, which he believed would relieve traffic on Interstate 805. There being no further members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember Rindone offered the following ordinance for first reading, heading read, text waived: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING ORDINANCE 2579, RELATING TO INTERIM PRE-SR 125 DEVELOPMENT IMPACT FEE (FIRST READING) The motion carried 5-0. ACTION ITEMS 13. CONSIDERATION OF ACCEPTANCE OF A REPORT REGARDING CURRENT CODE ENFORCEMENT ACTIVITIES The report includes a description of the expanded Code Enforcement section and emphasizes new proactive enforcement programs. Staff will also provide a status update of current activities and additional plarmed enhancements. (Director of Plarming and Building) ACTION: Mayor Padilla moved to continue this item to April 20, 2004. Councilmember McCarm seconded the motion, and it carried 5-0. OTHER BUSINESS 14. CITY MANAGER'S REPORTS There were none. Page 9 - Council Minutes April 6, 2004 OTHER BUSINESS (Continued) 15. MAYOR'S REPORTS . Ratification of appointment of Armida Martin Del Campo to the Housing Advisory Commission. ACTION: Mayor Padilla moved to appoint Armida Martin Del Campo to the Housing Advisory Commission. Councilmember McCarm seconded the motion, and it carried 5-0. 16. COUNCIL COMMENTS A. Councilmember McCarm: Discussion regarding traffic monitoring sensors on Interstates 5 and 805 in Chula Vista. Councilmember McCann discussed freeway monitoring sensors on Interstates 5 and 805, the benefits of which include real-time traffic information countywide via the Internet. He asked staff to 1) provide the issues and status of the I-5 and I-805 traffic sensor installation, 2) create a strategy for the installation of freeway sensors on I-5 and I-805 prior to ramp metering, and 3) come back to Council with a report by June 30, 2004. Deputy Mayor Salas suggested collaboration with the South County Economic Development Committee and the Otay Mesa Chamber to assist in moving the project forward. Councilmember Rindone commented that major projects for the South Bay will be considered during the November 2004 election. B. Councilmember Rindone: Ratification of appointment of Jerrold Siegel to the Mobilehome Rent Review Commission. ACTION: Councilmember Rindone moved to appoint Jerrold Siegel to the Mobilehome Rent Review Commission. Councilmember McCarm seconded the motion, and it carried 5-0. CLOSED SESSION 17. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: San Diego Gas & Electric - Gas and Electricity Franchise (pertaining to public rights-of-way throughout the City of Chula Vista) Agency negotiators: David Rowlands, Jr., Sid Morris, Michael Meacham, Glen Googins Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various representatives) Under Negotiation: Price and terms of franchise conveyance Page 10 - Council Minutes April 6, 2004 No reportable action was taken on this item. CLOSED SESSION (Continued) 18. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . Application of SDG&E for Authority to Update its Gas and Electric Revenue Requirement and Base Rates (Doc. Nos. A-02-12-27, A-02-12-028, and I 03-03- 016) No reportable action was taken on this item. 19. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . One case No reportable action was taken on this item. ADJOURNMENT At 9:30 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of April 20, 2004, at 6:00 p.m. in the Council Chambers. (The meeting of April 13, 2004 is cancelled) jt7~- 01/' //!O~ Donna Norris, Assistant City Clerk Page II - Council Minutes April 6, 2004