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HomeMy WebLinkAbout2004-07-08 AGENDA POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JULY 08, 2004 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. II. ROLL CALL III. ORAL COMMUNICATIONS - A Any person wishing to discuss any item of Closed Session business may address the City Council or Redevelopment Agency Board at this point by stepping to the lectern and giving his/her name and address for the record. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the City Council or Redevelopment Agency Board. Because the Brown Act does not allow the City Council or Redevelopment Agency Board to take action on items not on the Agenda, members will not enter into discussion with speakers but will instead refer the matter to staff for report and recommendation at a future City Council or Redevelopment Agency meeting. IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: VI. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson VII. INVOCATION - Mayor Robert A. Spiegel POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 VIII. ORAL COMMUNICATIONS - B Any person wishing to discuss any item not scheduled for public hearing may address the City Council, Redevelopment Agency, or Housing Authority Boards at this point by stepping to the lectern and giving his/her name and address for the record. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the City Council, Redevelopment Agency, or Housing Authority Boards. Because the Brown Act does not allow the City Council, Redevelopment Agency, or Housing Authority Boards to take action on items not on the Agenda, members will not enter into discussion with speakers but will instead refer the matter to staff for report and recommendation at a future City Council, Redevelopment Agency, or Housing Authority meeting. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS None X. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE CITY COUNCIL OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION XI, CONSENT ITEMS HELD OVER, OF THE AGENDA. A. MINUTES of the Regular City Council Meeting of June 24, 2004. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 242, 243, 247, 255, and 256. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Elvia Delao, et al., for La Casita Restaurant #6, 72-785 Highway 111, #B1, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by RPM Petroleum, Inc., for Palm Desert Shell, 77-920 Avenue of the States, Palm Desert. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Marketing Committee Meetings of May 18, and May 25, 2004. 2. Sister Cities Committee Meeting of May 20, 2004. Rec: Receive and file. F. LETTER OF RESIGNATION from Beverly Bergh -- Library Promotion Committee Rec: Receive with very sincere regret. G. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal. Rec: By Minute Motion, declare the items listed on the accompanying staff report's Exhibit "A" as surplus property and authorize its disposal by any of the recommended methods. H. REQUEST FOR AUTHORIZATION to Dispose of Obsolete Property Transfer Request/Release of Accountability Forms. Rec: By Minute Motion, authorize staff to destroy the remaining blank Property Transfer Request/Release of Accountability Forms, which are no longer utilized. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 I. CONSIDERATION of the Application to Commission Artwork for Stone Eagle Development (Lowe Stone Eagle Corp., Applicant). Rec: By Minute Motion, concur with the Art In Public Places Commission's approval for the Applicant to commission Michael Watling to create an artwork for the Stone Eagle Development in the amount of $65,000. J. REQUEST FOR AWARD OF BID for the Construction and Installation of Two Concrete Pads for the El Paseo Entrance Sign Water/Sculpture Feature (Contract No. C21960A). Rec: By Minute Motion, award the subject bid to Michael Volpone, Cathedral City, California, in the amount of $3,100 and authorize said expenditure from Account No. 436-4650-454-4001. K. REQUEST FOR AUTHORIZATION to Accept PM10 Post Wind Event Street Clean-up Services (Contract No. C22560B). Rec: By Minute Motion, accept post wind event clean-up services for streets in Palm Desert by CleanStreet, Gardena, California, as proposed in their letter of June 9, 2004 -- funds are available in Account No. 110-4310-433-3320, and agencies can be reimbursed 88% of the cost of this additional work through the Coachella Valley Association of Governments (CVAG). L. REQUEST FOR APPROVAL of Soil Testing Services (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, approve use of the following firms for Soil Testing Services for various projects: 1) Earth Systems Southwest, Bermuda Dunes, California; 2) WEC Corporation, Palm Desert, California; 3) MACTEC, Inc., Los Angeles/Cathedral City, California; 4) Landmark Geo Engineers; 5) Sladden Engineering, Palm Desert, California -- funds are available for these services in the respective project accounts. M. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. C20210 -- Engineering and Design Services for the Desert Crossing Intersection Improvements (Project No. 615-02). POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 Rec: By Minute Motion, approve Change Order No. 2 in the amount of $19,500, including contingency, to the subject contract with PSOMAS, Los Angeles, California, and authorize the Mayor to execute same. N. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C22380 -- Citywide Tree Pruning Program (Project No. 932-XX). Rec: By Minute Motion: 1) Authorize transfer of $1,854.35 from contingency to base contract for the subject project 2) approve expenditure of $7,910 from Account Nos. 110-4610-453-3320, 110-4611-453-3320, 110-4611-453-3370, and 110-4611-453-3371; 3) approve Change Order No. 1 in the amount of $7,910 to the subject contract with TruGreen Landcare, Upland, California, which includes contingency for the Citywide Tree Pruning Project. O. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C21210 -- Citywide Slurry Seal Program (Project No. 751-03) (PetroChem Marketing, Inc., Santa Ana, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. P. REQUEST FOR AUTHORIZATION to Reject Bids for Construction of the Palma Village Neighborhood Park and to Redesign and Rebid. Rec: By Minute Motion: 1) Reject all bids received for construction of the Palma Village Neighborhood Park (Contract No. C21140B, Project No. 712-02); 2) authorize redesign and rebidding of the project; 3) approve Change Order No. 1 to Contract No. C21140A with Community Works Design Group, Riverside, California, in the amount of $15,000 to complete the redesign -- funds are available in Parks and Recreation Fund 430. POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 Q. REQUEST FOR APPROVAL of Final Parcel Map No. 31056 (Nelbeck, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 04-76, approving Parcel Map No. 31056 and approving the Agreement relating thereto. R. CONSIDERATION of Request for Parking Restriction on Highway 74 at the Art Smith Trailhead. Rec: By Minute Motion, deny the request for an ordinance or resolution restricing parking on Highway 74 at the Art Smith Trailhead. S. REPORT on Existing Traffic Signal at Highway 74 and El Paseo. Rec: Receive and file. T. REQUEST FOR APPROVAL of a Grant of Easement for Pedestrian Access in the "North Area" at Westfield Shoppingtown. Rec: By Minute Motion, approve of the Grant of Easement for pedestrian access from Westfield Shoppingtown to the City and authorize the Mayor to execute same. U. REQUEST FOR APPROVAL of the Sponsorship of the Chamber of Commerce's 50th Anniversary. Rec: By Minute Motion, approve the City's 24 Karat Sponsorship of the Chamber of Commerce's 50th Anniversary and appropriate $10,000 from the Unobligated General Fund for this purpose. V. INFORMATIONAL ITEMS: 1. Update on Approved Commercial/Industrial Projects 2. Notice of the Association of Public Treasurers of the United States & Canada's Certification of Palm Desert's Investment Policy Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 XI. CONSENT ITEMS HELD OVER XII. RESOLUTIONS A. RESOLUTION NO. 04-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2003/04 BUDGET TO PROVIDE ADDITIONAL APPROPRIATIONS FROM THE TRAFFIC SAFETY, GAS TAX, INTERNAL SERVICE, AND THE GENERAL FUND. Rec: Waive further reading and adopt. Action: XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1072 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ITS ORDINANCE NO. 855, AND ADOPTING A NEW "PERSONNEL ORDINANCE" (AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 2.52). Rec: Waive further reading and pass to second reading, with the understanding that "Meet and Confer" sessions will be held with the Palm Desert Employees Organization during July and prior to second reading at the regular City Council Meeting of August 26, 2004. Action: For Adoption: A. ORDINANCE NO. 1046A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 25.15, HILLSIDE PLANNED RESIDENTIAL DISTRICT Case No. ZOA 02-06 (City of Palm Desert, Applicant). Rec: Waive further reading and adopt. Action: B. ORDINANCE NO. 1067 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 ZONE FROM OPEN SPACE (O.S.) TO R-1 9000 FOR 41 LOTS AROUND THE GOLF COURSE PERIMETER, CHANGING THE ZONE FROM OPEN SPACE (O.S.) TO PR-6 (PLANNED RESIDENTIAL, SIX UNITS PER GROSS ACRE) FOR 9.68 ACRES IN THE AREA OF THE EXISTING DRIVING RANGE -- ALL PROPERTY BEING A PORTION OF SECTION 13 AND 14, T5S R6E, PALM DESERT COUNTRY CLUB AREA Case No. C/Z 04-01 (PDCC Development, LLC, and Dahoon Investment Company, Inc., Applicants). Rec: Waive further reading and adopt. Action: C. ORDINANCE NO. 1068 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT, WHICH WILL PROVIDE FOR, AMONG OTHER MATTERS, MODIFIED DEVELOPMENT STANDARDS AND PROVISIONS REQUIRING THAT GOLF COURSE IMPROVEMENTS BE CARRIED OUT IN A TIMELY MANNER Case No. DA 04-01 As It Relates to Case Nos. C/Z 04-01, TT 31836, and PP 04-01 (PDCC Development, LLC, and Dahoon Investment Company, Inc., Applicants). Rec: Waive further reading and adopt. Action: XIV. NEW BUSINESS A. CONSIDERATION OF AN AMENDMENT TO SECTION 3.36.010 OF THE PALM DESERT MUNICIPAL CODE, RELATIVE TO THE AREA SUBJECT TO THE FIRE PROTECTION FUND. Rec: To be provided, with an oral report also to be given at the meeting. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 B. REQUEST FOR APPROVAL OF AGREEMENTS WITH THE COUNTY OF RIVERSIDE, RIVERSIDE COUNTY LIBRARY SYSTEM/LSSI FOR LIBRARY SERVICES THROUGH JUNE 30, 2005. Rec: By Minute Motion: 1) Approve Contract No. C14166 - Sixth Amendment to the Agreement to Provide Library Services (Additional Staff) for the Event and Volunteer Coordinator positions and a part-time Computer Instructor/Lab Technician; 2) approve Contract No. C18023 - Third Amendment to Agreement to Provide Library Services (Additional Hours/Bookmobile); 3) authorize the Mayor to execute said contracts; 4) authorize issuance of a City Purchase Order, favoring Library Systems and Services, Inc., (LSSI), Germantown, Maryland, in the amount of $55,000 for the purchase of materials for FY 2004/05 -- all of the above funding has been set aside in the FY 2004/05 budget in Account No. 452-4662-454-4001, no additional appropriations are necessary. Action: C. REQUEST FOR AWARD OF CONTRACT FOR SERVICES FOR CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 4 (CONTRACT NO. C22860). Rec: By Minute Motion: 1) Reject the low bid submitted by Sunflower Landscaping, Indio, California; 2) award the subject contract to Steven Burt & Associates, Bermuda Dunes, California, in the amount of $134,750 and authorize the Mayor to execute same -- funds are available in Account No. 110-4611-453-3370. Action: D. REQUEST FOR EXTENSION OF CONTRACT FOR SERVICES FOR CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 5 FOR FISCAL YEAR 2004/05 (CONTRACT NO. C20991, PROJECT NO. 905-03). Rec: By Minute Motion, approve extension of the subject contract with Steven Burt & Associates, Bermuda Dunes, California, in the amount of $122,816.16 -- funds are available in Account No. 110-4611-453-3320. Action: E. REQUEST FOR EXTENSION OF CONTRACT FOR SERVICES FOR CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 7 FOR POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 FISCAL YEAR 2004/05 (CONTRACT NO. C20851, PROJECT NO. 903-02). Rec: By Minute Motion, approve extension of the subject contract with Garza Landscaping Inc., Indio, California, in the amount of $65,116.80 -- funds are available in Account No. 110-4611-453-3320. Action: F. REQUEST FOR APPROVAL OF ENGINEERING SERVICES FOR PALM DESERT HIGHLANDS UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 04-01. Rec: By Minute Motion: 1) Approve a contract with MuniFinancial, Temecula, California, in the amount of $123,087 for Assessment District Engineering Services for the subject District and authorize a 10% contingency in the amount of $12,308 (Contract No. C23000A); 2) approve Southern California Edison Work Order No. 4-712 6879-7106 in the amount of $3,000 for engineering services (Contract No. C23000B); 3) approve Verizon Engineering pre-deposit in the amount of $5,000 for engineering services (Contract No. C23000C); 4) authorize the Mayor to execute said documents and the appropriation of $143,395 from the Unobligated Fund 400 Reserves for this project. Action: XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 XVII. PUBLIC HEARINGS A. CONSIDERATION OF THE RESULTS OF THE PROPERTY OWNER PROTEST PROCEEDING FOR THE FORMATION OF LANDSCAPE AND LIGHTING DISTRICTS: BOULDERS, PETUNIA I, PETUNIA II, SUNDANCE EAST, COLLEGE VIEW ESTATES I, OLIVE COURT, AND PALM COURT. Rec: 1) Receive public testimony. 2) Close the public hearing and direct staff to open and tabulate the property owner ballots, and to return with the results to be announced at the appropriate time later in this meeting. Waive further reading and adopt: 3) Resolution No. 04-78, declaring the results of the property owner protest proceeding for the formation of the subject Landscape and Lighting Districts. 4) Resolution No. 04-79, approving and/or amending the Engineer's Report regarding the formation of the subject Landscape and Lighting Districts, and the levy and collection of annual assessments for FY 2004/05. 5) Resolution No. 04-80, approving formation of the subject Landscape and Lighting Districts and the concurrent annexation of said districts into the Palm Desert Consolidated Landscaping and Lighting District, and the levy and collection of annual assessments commencing with FY 2004/05. Action: B. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN TO ALLOW THE CONSTRUCTION OF A 11,945 SQUARE FOOT OFFICE BUILDING LOCATED ON THE SOUTH SIDE OF FRED WARING DRIVE, APPROXIMATELY 368 FEET EAST OF SAN PABLO AVENUE Case No. PP 03-22 (Patel Architecture, Applicant) (Continued from the meetings of June 10, and June 24, 2004). Rec: Waive further reading and adopt Resolution No. 04-81, approving Case No. PP 03-22, subject to the conditions attached. Action: C. CONSIDERATION OF THE APPROVAL OF A CHANGE OF ZONE FROM PR-5 (PLANNED RESIDENTIAL, FIVE DWELLING UNITS PER ACRE) POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 TO PCD (PLANNED COMMUNITY DEVELOPMENT), A DEVELOPMENT AGREEMENT TO SUPERSEDE THE EXISTING WONDER PALMS DEVELOPMENT PLAN TO EXPAND PLANNING AREA NO. 5, A MASTER PLAN OF DEVELOPMENT FOR THE NEW PLANNING AREA NO. 5, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO -- PROPERTY IS GENERALLY LOCATED SOUTH OF GERALD FORD DRIVE BETWEEN PORTOLA AVENUE AND COOK STREET (37-500 COOK STREET) Case Nos. C/Z 03-013 and DA 04-02 (American Realty Trust, Desert Wells 237, LLC, and RBF Consulting, Applicants) (Continued from the meeting of June 10, 2004). Rec: Waive further reading and pass Ordinance No. 1070 to second reading, approving Case Nos. C/Z 03-013 and DA 04-02. Action: D. REQUEST FOR APPROVAL OF THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT, AND GRANTING FINAL APPROVAL FOR THE ENGINEER'S REPORT FOR FISCAL YEAR 2004/05 (Continued from the meeting of June 24, 2004). Rec: Waive further reading and adopt: 1) Resolution No. 04-82, amending or approving the final Engineer's Report for the Consolidated Palm Desert Landscaping and Lighting District, Fiscal Year 2004/05. 2) Resolution No. 04-83, ordering the levy and collection of assessments within the Consolidated Palm Desert Landscaping and Lighting District, Fiscal Year 2004/05. Action: POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 E. REQUEST FOR APPROVAL OF THE COST OF SERVICES STUDY (NEXUS STUDY) CONDUCTED BY ZUCKER SYSTEMS AND ADOPTION OF A RESOLUTION MODIFYING THE CITY'S FEES FOR SERVICES. Rec: 1) Waive further reading and adopt Resolution No. 04-84, approving the Development Services Fees for Service Tables within the Cost of Services Study, excluding the Landscape Fees with the Public Works Department. 2) By Minute Motion, accept the Cost of Services Study conducted by Zucker Systems to serve as the City's model and policy for all future Service Fee adjustments that are collected by the Development Services Departments. 3) By Minute Motion, require that a resolution be submitted at least every two years to verify any future fee adjustments. Action: XVIII. REPORTS AND REMARKS A. CITY MANAGER B. CITY ATTORNEY C. CITY CLERK D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: o City Council Committee Reports: o City Council Comments: XIX. ADJOURNMENT POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 FUTURE MEETINGS: July 13, 2004 12:00 p.m. Architectural Review Commission Community Services Conference Room July 14, 2004 8:30 a.m. Parks & Recreation Commission Community Services Conference Room 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Services Conference Room July 15, 2004 3:00 p.m. Sister Cities Committee Administrative Services Conference Room July 19, 2004 3:00 p.m. Citizens’ Adv. Cmte. – Project Area No. 4 Administrative Services Conference Room July 20, 2004 2:00 p.m. Marketing Committee Administrative Services Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber 6:00 p.m. Youth Committee Administrative Services Conference Room July 21, 2004 8:30 a.m. Art In Public Places Commission Administrative Services Conference Room 3:00 p.m. Library Promotion Committee Administrative Services Conference Room July 22, 2004 4:00 p.m. Regular City Council/RDA Meetings -CANCELED- Summer Schedule July 27, 2004 12:00 p.m. Architectural Review Commission Community Services Conference Room July 28, 2004 10:30 a.m. Investment & Finance Committee North Wing Conference Room August 3, 2004 2:00 p.m. Technology Committee Administrative Services Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber 6:00 p.m. Youth Committee Administrative Services Conference Room August 10, 2004 12:00 p.m. Architectural Review Commission Community Services Conference Room August 11, 2004 8:30 a.m. Parks & Recreation Commission Community Services Conference Room 3:30 p.m. Housing Commission North Wing Conference Room 3:30 p.m. Public Safety Commission Administrative Services Conference Room (FUTURE MEETINGS continued on next page) POSTED AGENDA REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 (FUTURE MEETINGS, continued) August 12, 2004 4:00 p.m. Regular City Council/RDA Meetings -CANCELED- Summer Schedule August 16, 2004 3:00 p.m. Citizens’ Adv. Cmte. – Project Area No. 4 Administrative Services Conference Room August 17, 2004 2:00 p.m. Marketing Committee Administrative Services Conference Room 6:00 p.m. Planning Commission Civic Center Council Chamber 6:00 p.m. Youth Committee Administrative Services Conference Room August 18, 2004 8:30 a.m. Art In Public Places Commission Administrative Services Conference Room 3:00 p.m. Library Promotion Committee Administrative Services Conference Room August 19, 2004 3:00 p.m. Sister Cities Committee Administrative Services Conference Room August 24, 2004 12:00 p.m. Architectural Review Commission Community Services Conference Room August 25, 2004 10:30 a.m. Investment & Finance Committee North Wing Conference Room August 26, 2004 4:00 p.m. Regular City Council/RDA Meetings Civic Center Council Chamber I hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Palm Desert City Council was posted on the City Hall bulletin board nd not less than 72 hours prior to the meeting. Dated this 2 day of July, 2004. Rachelle D. Klassen, City Clerk