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HomeMy WebLinkAboutMinutes - City Council - 2004-08-03 - Special Meeting (2) 167 City Council, Special Meeting Civic Center Council Chambers 777 Cypress Avenue, Redding, California August 3, 2004 5:00 p.m. The Pledge of Allegiance to the Flag was led by City Treasurer Clark. The Invocation was offered by Police Chaplain Betty Harrison-Smith. I The meeting was called to order by Mayor Pohlmeyer with the following Council Members present: Cibula, Kight, Mathena, and Stegall. Also present were City Manager Warren, Assistant City Manager Perry, Deputy City Manager Bachman, Assistant City Attorney DeWalt, Development Services Director Hamilton, Community Services Director Niemer, City Clerk Strohmayer, and Executive Secretary Stribley. PRESENT AnON - Kool April Nites Donation (0-100 & A-050-060) Duane Tomei, President of the Kool April Nites Organization, presented a check to the City of Redding in the amount of$7,500, representing proceeds from the 2004 Kool April Nites event to be used in support of the Northern California Drag Racing Association's youth drag racing program at the Redding Drag Strip. He introduced Committee members Vicki Cook, Lorie Tessier, Howard Stubblefield, Dick Mattioli, and Jim Pope. He also introduced Redding Police Officer Ed Ochoa who began the program several years ago and Ron Webster, representing the Northern California Drag Racing Association. I Vice Mayor Stegall accepted the check on behalf of the City Council and thanked the Kool April Nites Organization for its commitment to the community. Mr. Webster thanked Kool April Nites for its continued support of the Redding Drag Strip. Officer Ochoa thanked the City and the businesses that support the Street Legal Racing Program at the Redding Drag Strip. On behalf of the City Council, Mayor Pohlmeyer expressed appreciation to those supporting and participating in Kool April Nites and the Street Legal Racing Program and wished both continued success. Approval of Minutes - Regular and Special Meetings of July 20, 2004. I Approval of Payroll and Accounts Payable Registers (A-050-100-500) It is recommended that Accounts Payable Register No.2, check numbers 820514 through 821050 inclusive, in the amount of $9,396,095.99, for the period of July 19, 2004, through July 30,2004; and Payroll Register No.2 electronic deposit transaction numbers 148057 through 148810 and check numbers 516491 through 517335 inclusive, in the amount of $2,238,966.19, for the period of July 4, 2004, through July 17, 2004, be approved. TOTAL: $11,635,062.18 Treasurer's Report - June 2004 (A-050-100-600) Total Treasurer's Accountability $133,859,523.25 Total City of Redding Funds, Funds Held in Trust, and Funds of Related Entities $203,959,180.76 ACR133 Report and Cash Reconciliation (F-205-095-650) It is the recommendation of the Administrative Services Director that the ACR133 Report and the Proof of Cash Reconciliation for June 2004 be accepted. 8/3/2004 168 Report - Sports Complex soccer fields (P-050-690 & P-050-600-200) It is the recommendation of the Assistant City Manager that the City Council accept the report regarding the Sports Complex soccer fields for July 2004. Resolution - Approving use of Redevelopment Tax Ip.crement funds for the Downtown Redding Mall roof (R-030-145-350 & M-OI0-200) It is the recommendation of the Assistant City Manager that Resolution No. 2004-124 be adopted, a resolution ofthe City Council of the City of Redding making findings: 1) that the improvements are of benefit to the project area from which the funds are derived or to the I immediate neighborhood in which the project is. located; 2) that no other reasonable means of financing the improvements ~re availl;lble to the community; and 3) that the payment of funds for the improvements will assist in the elimination of blight within the project area; and approving the use of Tax Increment Funds for demolition of the Downtown Mall roof, entrances, selective common-area improvements, and construction of a new Mall entrance, public restroom improvements, storm-drainage improvements, and pedestrian plaza/landscape improvements in the public street right-of-way at the north end of the Mall within the Market Street Redevelopment Project Area. Land Acquisition Agreement - Louis & Becky Santoro; and Resolution - Appropriating ~n4s for same (C-070-01 0/B-130-070/,A-090-1 00) It is the recommendation of the Assistant City Manager that the Land Acquisition Agreement with Louis and Becky ~antoro be approved to purcha$e 5.4 acres ofland located on Fig Tree Lane in the amo~nt Qf $296,100 to facilitate future Red~ing Municipal Airport needs, demolition/removal of buildings, and capped well certification. It is further recommended that Resolution No. 2004-125 be adopted, a resolution ofthe City Council of the City of Redding approving and adopting the 65th amendment to City Budget Resolution No. 2003-103 appropriating $298,900 for land acquisition at the Redding Municipal Airport for fiscal year 2004-05, to be repaid upon approval and receipt of a grant from the Federal Aviation Administration. I Monthly Financial ReJ;?ort - Electric Utility (B-130-070) It is the recommendation of the Electric Utility Director that the City Council approve the Electric Utility's Monthly Financial Report for June 2004. Retail power sales revenue is 0.7%, or $454,080 below projection~ and wholesale power sales through June. are . $22,569,752, or 101.1% above projections. Operating revenue after energy costs is $7,674,168 or 21.6% above year to date expectations. The total cost of electricity through June 2004 was $15,132,117 or 26.0% above projections. The Utility's net operating results through June is $13,726,201 or $10,502,993 (325.9%) above plan for the period. Resolution - Approving Contract No.' 04-SNR-00680 with Western Area Power Administration (E-120-900) It is the recommendation of the Electric Utility Director that Resolution No. 2004-126 be adopted, a resolution of the City Council ofthe City of Redding approving and: authorizing the Mayor to execute Contract No. 04-SNR-00680 with the Department of Energy, Western Area Power Administratipn tq provide Scheduling Coordinator services through September 2010 for the City in the ainount of$60,000 annually, and replacing the Letter of Agreement No. 02-SNR-00523 expiring December 31, 2004. I Resol~tion - Ordering 1915 Bond Act Foreclosure on certain delinquent bond assessments (A-170) , It is the recommenda~ion of the City Treasurer th~t Resolution No. 2004-127 be adopted, a resolution of the City Council of the City of Redding ordering the judicial foreclosure of delinquent bond assessment~ pursuant to the Improvement Bond Act of 1915, and ordering that the Shasta County Treasurer/Tax Collector be credited with those ~ssessments which are the subject of a foreclosure action. 8/3/2004 169 Reimbursement Agreement with Federal Bureau of investigation - Gang Enforcement Overtime . (P-150~150) It is the recommendation of the Police Chief that the City Council authorize the Redding Police Department to execute a reimbursement agreement with the Federal Bureau of Investigation (FBI) to provide funding for overtime for two Redding Police detectives assigned to gang enforcement. I Monthly Financial Report - General Fund (B-130-070) It is the recommendation of the Deputy City Manager that the City Council accept the General Fund's Monthly Financial Report for June 2004. Total revenue at the end of June is $52.8 million or $239,245 (0.5%) above staffs cash flow projection. Expenditures at month end, excluding encumbrances, total $54,025,009 or $10,636,711 (16.5%) below staffs original projection. Encumbrances total $2,927,801. Resolution - Intent to reimburse certain expenditures from proceeds of indebtedness (D-050-175) It is the recommendation of the Deputy City Manager that Resolution No. 2004-128 be adopted, a resolution of the City Council of the City of Redding declaring its official intent to reimburse certain recreation facilities expenditures such as the Sports Complex soccer fields from proceeds of indebtedness allowing the City to utilize bond proceeds to reimburse itself for these expenditures. I Resolution - Appropriating funds for implementing previously-approved Engineering Division staffing changes (B-130-070 & A-050-300-050) It is the recommendation of the Deputy City Manager that Resolution No. 2004-129 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 64th amendment to City Budget Resolution No. 2003-103 appropriating $450,000 for five additional positions in the Engineering Division of the Development Services Department and authorizing five new full-time positions for fiscal year 2004-05. Final Map and Improvements - Gordon Tract Subdivision Unit B; and Resolution - Accepting streets for maintenance and operation (S-101-047 & S-070-230) It is the recommendation of the Development Services Director that the the final map be approved and the improvements be accepted for the Gordon Tract Subdivision Unit B (S-l 0- 02), located east of Victor A venue and north of Churn Creek Road, developed by Robert & Paula Middleton, and that the City Clerk be instructed to file the map with the Shasta County Recorder. It is further recommended that Resolution No. 2004-130 be adopted, a resolution of the City Council of the City of Redding accepting streets for maintenance and operation in the Gordon Tract Subdivision, Unit B. I Notice of Completion - Bid Schedule No. 3717, Construct Curb, Gutter, Sidewalk, and . Driveway Improvements, and New Water Main in Martin Luther King, Jr. Neighborhood and Park Area (B-050-020/S-070-1 00/S-070-285/W -030-725/P-050-350) It is the recommendation of the Development Services Director that Bid Schedule No.3 717, Job Nos. 8649-93 and 2212-70, Construct Curb, Gutter, Sidewalk, and Driveway Improvements, and New Water Main in Martin Luther King, Jr. Neighborhood and Park Area awarded to R.A. Martin Construction, Inc. be accepted as satisfactorily completed and that the City Clerk be authorized to file a Notice of Completion with the Shasta County Recorder. The final price is $156,897.43. Council Member Cibula advised he will abstain from discussion and voting on this matter due to family holdings in the area. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Kight, Mathena, Stegall, and Pohlmeyer Council Members - None Council Members - Cibula Council Members - None 8/3/2004 170 Notice ofComl'letion - Bid Sch~du~e No. 372~, Pond Mixing System Improvements at Clear Creek Wastewater TreatIpent Plant (B-050-020 & W-010-450) It is the recommendation of the Development Services Director that Bid Schedule No.3 728 (Job No. 2231), pond mixing system improvements ~t Clear Creek Wastewater Treatment Plant awarded to Ray Toney & Associates be accepted a~ satisfactorily completed and that the City Clerk be au~l:lOrized to file a Notice ofCqmpletion with the Shasta County Recorder. The final price is $169,734.46. Notice of Completion - Bid Schedule No. 3716, Fire Station No. 8 Str~et Improvements (B-050-020 & C-050-275-080) I It is the recqmmend~tion of the Development Services Director that Bid Schedule No. 3716 (Job No. 2200), Fire Station No.8 stryet improvements awarded to Tullis, Inc. be accepted as satisfactorily completed and, that the City Clerk be authorized to file a Notice of completion with the Shasta County Recorder. The final price is $203,252.40. Notice of Completion - Bid Schedule No. 3750, Bechelli Lane Shoulder Widening and Bike Lanes (B-050-020) It is the recommendation of the l,)evelopment Services Director that Bid Schedul~ No. 3750 (Job No. 2228), Bechelli Lane Spo~lder Widenin~ and ~ike Lanes awarded to Tullis, Inc. . be accepted as satisfactorily completed and that the City Clerk be authorized t9 file a Notice of Completion with the Shasta County Recorder. The fiq.al price is $134,603.59. i Notice of Completion - Bid Schedule No. 3698, Redding Ranchettes Tank Repair (B-050-020 & W-030-450) It is the recommendation of the pevelopment Servi~e Director ~hat Bid Schedule No. 3698 (Job No. ~211), Redding Ranchett~s Tank Repair awarded to Spiess ~onstruction Co., Inc. b~ accepted as sati~factorily completed and that the City Clerk be authorized to file a Notice of Completion with th~ Shasta County R~corder. The final price is $288,187.87. Resolution - Accepting streets and i~provements in Land Park Subdivision Unit 1 I (S-101-006 & S-070-230) It is the recommendation ofthe p~v~lopment Servi~es Director that Resolution No. 2004- 131 b~ adopted, a resolution of the City Council of the City ofR~dding accepting streets for maintenance and operation in the Land Park Subdivision Unit 1 (S-8-93), located on the west side of Buena ventura Boulevard south of Keswick Dam Road, by Mountain Properties, Inc. (Jaxon & Kate Baker), accepting improvements, and that the City Clerk be instructed to return securities .to the developer. Resolution - Accepting streets .and improveme~ts in Land Park Subdivision Unit 2 (S-101-006 & S-070-230) . .. . It is the recommendation of the pevelopment Services Director that R~solution No. 2004- 132 be adopted, a resolution of the City Council ofthe City ofRed<iing accepting streets for maintenance and operation in tJ1e Land Park Sul,J4ivi~~on Unit 2 (S-8-93), located on the west si~e of Buenaventura Boulevard south of Keswick Dam Roa~, by Mountain Properties, Inc. (Jaxon & Kate Baker), accepting improvements, and that the City Clerk be instructed to return securities to the developer. Final Map and Subdivision Agreement - Alder Creek ~ubdivision Unit 8 (S-100-260) , . It is the recommendat~on ofthe Development Services Director that the City Council approve the final map for Al<ier Creek Subdivision Unit~, S.,5-98, (a.k.a. Hacienda Heights Unit 8), I located on the east side of. Shasta View Drive north of:H,emingway Street, by Ochoa-Shehan, Inc., that thy Mayor be authorizep to execute the Subdivision Agreeme~t, and that the City Clerk pe ipstructed to file the map with the, S~asta County Recorder upon completion of an c the conditions of approv~l of the Tentative Map, all infrastructure installed or appropriate securities deposited to facilitate completion of improvements. Award of Bid - Bid Schedule No. 3762,2004 Slurry Seal Project (B-050-020 & S-070-200) It is the recommendation of the Development Services Director that the City Manager be authorized to award Bid Sched~le No. 3762, (Jo~ No. 9037) 2004 Slurry Seal Project, to the lowest responsive bidder including funds for inspection fees & construction contingency fund, for a total amount not-to-exceed $500,000. 8/3/2004 171 Award of Bid - Bid Schedule No. 3761,2004 Sludge Haul Project (B-050-020 & W-OI0-450) It is the recommendation of the Development Services Director that the City Manager be authorized to award Bid Schedule No. 3761, (Job No. 5331-63),2004 Sludge Haul Project, to the lowest responsive bidder to include funds for inspection fees and construction contingency fund for a total amount not-to-exceed $200,000. I Extended Agreement- California Electronic Asset Recovery (CEAR) (S-020-550) It is the recommendation of the Assistant City Manager that the City Council authorize the Assistant City Manager to execute a six-month extension of the Agreement with California Electronic Asset Recovery (CEAR) (C-1290) for recycling and disposal of electronic waste with no change in terms or price. Resolution - Rescinding Resolution No. 2003-177 which approved Use Permit UP-I-03 and adopted the Mitigated Negative Declaration for the expansion ofWal-Mart and rescinding Building Permit No. 200406077 and all other actions authorizing the expansion ofWal-Mart facilities (L-l OO/L-O 10- 3 90/L-0 10-045) It is the recommendation of the Interim City Attorney that Resolution No. 2004-133 be adopted, a resolution of the City Council ofthe City of Redding rescinding Resolution No. 2003-177 which approved Use Permit UP-I-03 and adopted the Mitigated Negative Declaration for the expansion of the Wal-Mart store located on Dana Drive and rescinding Building Permit No. 200406077 and all other actions authorizing the expansion ofWal-Mart facilities pursuant to a Peremptory Writ of Mandate ordered by the Honorable James Ruggiero regarding Shasta County Superior Court, Case No. 150440. I MOTION: Made by Council Member Stegall, seconded by Council Member Kight, that all the foregoing items on the Consent Calendar be approved and adopted as recommended with the exception of the item approved by separate vote as indicated above. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Cibula, Kight, Mathena, Stegall, and Pohlmeyer Council Members - None Council Members - None Council Members - None Resolution Nos. 2004-124,2004-125,2004-126,2004-127, 2004-128, 2004-129, 2004-130, 2004-131, 2004-132, and 2004-133 are on file in the Office of the City Clerk. ------------------- PUBLIC HEARING ORDINANCE - Approving Development Agreement with Jeff Mora; and AMENDED TENTATIVE SUBDIVISION MAP - Avalon Park Subdivision (a.k.a. North View Estates) (S-101-024) The hour of7 :00 p.m. having arrived, Mayor Pohlmeyer opened the public hearing regarding consideration of a Development Agreement with Jeff Mora relating to the Avalon Park Subdivision (a.k.a. North View Estates), S-2-97, located south of Oasis Road, north ofHwy 299E, and east of the future extension of Shasta View Drive. I The following documents are on file in the Office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing City Clerk Strohmayer advised that no protests were received. Development Services Director Hamilton recalled that in February 2004, the City Council authorized an Agreement with Thomason Development for reimbursement costs associated with construction of the Shasta View Drive extension between Posey Lane and Manzanoaks Drive prior to recordation of the 175th lot east of Dry Gulch within the Gold Hills development. He pointed out that in order to complete the Shasta View Drive extension, the ' City must obtain that a right-of-way from property owner Jeff Mora. 8/3/2004 172 Mr. Hamilton related tha~ Mr. Mora subJ;llitted Tentative Map Application S-2-97 for the Avalon Park Subdivision which was originally approved in 1998, with a cond,ition that requires property owner/developer, Jeff Mora, to d~dicate a right-of-way for Shasta View Drive at the time a final map is recorded. Mr. Mora's Tentative Map was extended in 2001 and amended in 2003, and will expire on August 8, 2004. Mr. Hamilton advised there is an additional two-year discr~tionary extension oftime available to Mr. Mora by state law, but if a Development Agreement is approved, Mr. Mora will be able to extend the Avalon Park Tentative Subdivision Map for a minimum period of five years with a possible extension of another fiv~ years. He npted that Mr. Mora favors the Development Agreement and will exchange the necessary right-of-way property to ~llow construction ofthe Shasta View Drive extension upon commencement of his deveJopment. Ultimately, the City will receive approximately 110,500 square feet of right-of-way at no direct cost, which has an estimated value of$331 ,500. Without the Development Agreemert, Mr. Hamilton said the City would need to purchase tlW property and, uI1<,ler certail1 circumstances, be required to invoke eminent domain proceedings. He';ldded that if Mr. Mora's project is never completed, the City will p.ot receive the right-of-way, but a.1ternative routes are available. I Mr. Hamilton advised that the City Council must make the following findings relative to approving the Development Agre~ment: that the Addendum to the Mitigated Negative Declaration for the Avalon Park Subdivision is adequate for purposes of this actioQ.; that none of the con.ditions ul1der Section 15162 of the California Environmental Quality Act (CEQA) Guidelines are in evidence; the Development Agreement as propos~ will have no significant effect; on the environment; and the AddeJ;ldum to the Mitigated Negative Declaration and supporting documt;l1tation reflect the ind~pendent judgment and analysis of the City. In addition, he stated that ~he City Council must also find that the Development Agreement would ~e in the best interest of the City and promote the public interest and welfare of the City. Mr; Hamilton recommended thatthe City Council make the necessary findings and offer an ordinance for first reading to effectuate a Development Agreement with Jeff Mora relative to the Avalon Park Subdivision Tentative Map. Mayor Pohlmeyer determined that no one present wished to address this matter and closed the public hearing. I MOTION: Made by Council Me~ber Kight, seconded by Council Member Stegall, finding that the Addendum to the Mitigated Negative Declaration for the Avalon Park Subdivision (S-2-97) is adequate for purpose effectuating a development agreem~nt with Jeff Mora, finding that none of the condJtions under S~ction 15162 of the California Environmental Quality Act (CEQA) Guidelines are in evidence and the. development agreement, as . . proposed, will have no significant effect on the eI).vironment and the Addendum to the Mitigated Negative Declaration and supporting documentation r~flect the independent judgment and analysis of the City; and that 'necessary findings pursuant to Redding Municipal Code Chapter 18.20 a~e in evidence. Council Member Kight <?ffered Ordinance No. 2335 for first reading, an ordinance of the City Council ofthe City of Redding approving the Development AgreeJ;llent with Jeff Mora relative to the developme,nt k1?own as Avalon P~rk Subdivision (a.k.a. North View Estates) S-2-97, which :t;"equires dedication of a right-of-way for the extension of Shasta View Drive when development commences. MOTION: Made by Council Member ~ight, seconded by Council Member Stegall, that the full reading of Ordinance No. 2335 b~ waived l;lnd the City Attorney be instructed to read the ordinance by title <?nly. The Vote: Unanimous Ayes I APPOINTMENTS -League of California Cities Annual Conference Voting Delegates (L-040-150) MOTION: Made by Council Member Cibula, seconded by Council Member Stegall, appointing Council Member Mathena as Voting Delegate and Deputy City Manager Bachman as Alternate Voting Delegate for the League of C~lifornia Cit~es 2004 Annual Conference scheduled for September 17, 2004, through September 19,2004, in Long Beach. The Vote: Unanimous Ayes 8/3/2004 173 UPDATE ON MAJOR PROJECTS - Chum Creek Road Widening and Realignment Project (A-050-080 & S-070-1 00) City Engineer Tippen related that the Chum Creek Road Widening and Realignment Project (Project) is a priority one project to widen Chum Creek Road from Denton Road to Arizona Road and realign Chum Creek Road from Arizona Road to South Bonnyview Road. He advised that studies are underway regarding the realignment to determine a preferred alternative and public meetings will be held for additional input. When the preferred realignment alternative is chosen, he said environmental studies will begin. Mr. Tippen added that it is anticipated that requests for proposals will be circulated and construction will occur in the summer of2005. I No action was required on this informational item. I EROSION CONTROL FOR SPORTS COMPLEX SOCCER FIELDS (P-050-600-200) Assistant City Manager Perry related that the City is responsible for erosion control during the winter at the Sports Complex soccer fields and although control measures were put in place last winter, it is necessary to replace worn or broken items and update some systems. He stated that the work will cost $25,000 ifthe bid process is utilized, but could be done with City employees for approximately $20,000. He related that additional work could be done to provide additional control but would necessitate the bid process and cost approximately $47,900. With either option, after preparation of the field sites (which must be completed by October 15th), maintenance would be necessary throughout the winter. He advised that the Department ofFish and Game has agreed to allow the City to adhere to the standards for turbidity discharge set by the Regional Water Quality Control Board (RWQCB) which is allowing water leaving the site to be 20% or less turbid than water coming on to the site. If the bid process is utilized, Mr. Perry preferred that the contractor assume risk for any fines relating to violations. He related that costs for the erosion control procedures are easily calculated, but erosion control measures are subservient to weather patterns and assumption of risk costs cannot be accurately forecast. Mr. Perry cautioned that any work done at this time will be negated when the soccer fields are constructed next year and recommended temporary measures be considered. Mr. Perry recommended that the City Council approve the first option to provide erosion control through minor improvements and repairs utilizing the City's force account. The City Council favored utilizing the bid process and suggested that the risk factor be included in the bid documents as an additive alternate. Mr. Perry pointed out that preparing bid documents would add additional time and funds and expressed concern that bidders may be reluctant to assume risk. In response to Mayor Pohlmeyer, Mr. Perry advised that ifbid documents could be circulated and approved within 45 days, the process will meet the deadline for October 15,2004, to begin control measures. I Mayor Pohlmeyer expected there would be many bidders for this job, as it is only a freshening of what was installed last year. If the bid documents are prepared by the City and the contractor performs the work as specified, he stated the risks should be minimal for both, adding that no amount of contract language will alleviate all responsibility of the City. Mayor Pohlmeyer expressed confidence that appropriate pesign and engineering would provide a margin of safety for the City, but he was not opposed to providing an additive alternate regarding assumption of risk by the contractor. Council Member Kight asked why the preparation of documents should take six weeks and suggested that additional personnel be dedicated to the task. Mr. Perry advised that he would discuss the matter with the Engineering Division and attempt to make it a priority. MOTION: Made by Council Member Kight, seconded by Council Member Stegall, directing staff to prepare bid documents to provide erosion control at the Sports Complex soccer fields site, including an additive alternate that the contractor would assume financial responsibility for all water discharge violations. The Vote: Unanimous Ayes At the hour of 5:47 p.m., Mayor Pohlmeyer announced that the City Council would adjourn to closed session to discuss the following: , 8/3/2004 174 Closed session pursuant to California Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: Assessors Parcel Numbers 056-080-005, and 054-200-008 through 054-700-011 AgelWY Negotiators: Support Services Kersten and Airports Manager Dinger Negotiating parties: Donna & Monte Satran, Robert Simmons, and Joe Sanders Under negotiation: Terms and prices (C-070-010) At the hour of 6:37 p.m., Mayor Pohlmeyer reconvened the Meeting to open session and advised that there was no reportable act~on on the closed session item. ADJOURNMENT I There being no further business, at the hour of 6:38 p.m., Mayor Pohlmeyer declared the meeting adjourned. APPROVED ATTEST: ~,4 I I 8/3/2004 .