HomeMy WebLinkAboutcc min 2003/12/09
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
December 9, 2003 6:00P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:06
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Davis, McCann, Rindone, Salas, and Mayor Padilla
ABSENT: CounciImembers: None
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and Deputy City
Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY DIRECTOR OF COMMUNITY DEVELOPMENT LAURIE
MADIGAN OF THE EMPLOYEE OF THE MONTH, DIEM DO, COMMUNITY
DEVELOPMENT SPECIALIST II
Community Development Director Madigan introduced employee of the month Diem Do.
Mayor Padilla then read the proclamation, and Deputy Mayor Rindone presented it to Ms. Do.
. OATH OF OFFICE: RICHARD WYLLIE, NATURE CENTER BOARD OF
TRUSTEES
Deputy City Clerk Bennett administered the oath of office to Richard Wyllie, and Deputy Mayor
Rindone presented him with a certificate of appointment.
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO MELDY
RAVELO ODVIAR UPON HER RETIREMENT, COMMENDING HER FOR OVER
THIRTY YEARS OF DEDICATED SERVICE TO THE CITY
Director of Finance Kachadoorian introduced Meldy Odviar. Mayor Padilla then read the
proclamation, and Deputy Mayor Rindone presented it to Ms. Odviar.
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO JOSE
SANTIAGO HEALY, DIARIO LATINO FOR PROVIDING A NEWSPAPER FOR
THE SPANISH-SPEAKING CITIZENS OF CHULA VISTA
Mayor Padilla read the proclamation, and Deputy Mayor Rindone presented it to Mr. Healy.
. PRESENTATION BY JONATHAN TAMAYO, COMMUNITY HEALTH GROUP
REPRESENTATIVE, TO ASSISTANT POLICE CHIEF JIM ZOLL, OF TEDDY
BEARS COLLECTED FOR THE 13TH ANNUAL SAN DIEGO COUNTY
REGIONAL LAW ENFORCEMENT TEDDY BEAR DRIVE
SPECIAL ORDERS OF THE DAY (Continued)
Councilmember Salas introduced Jonathan Tamayo, Vice President of Information Technology
at Community Health Group and a member of the Police Activities League. Mr. Tamayo
presented the collection of stuffed bears to Assistant Police Chief Zoll, who informed the
Council that nearly 2,000 bears have been collected to-date, surpassing the City's goal of 1,200
bears. Mr. Zoll invited the Council to attend a brief presentation on Monday, December 15,
2003, at 8:00 a.m. in the parking lot of the new Police facility, where police vehicles ttom
throughout the County will assemble prior to caravanning the bears to Children's Hospital.
CONSENT CALENDAR
(Items I through 10)
Deputy Mayor Rindone announced that he would abstain ttom voting on Item 6 due to the
proximity of his residence to the project. In addition, he congratulated staff on bringing Item 4
forward with a change order reduction of over $50,000 and expressed pleasure in seeing Item 10
move forward.
1. WRITTEN COMMUNICATIONS
A. Letter of resignation ttom Marshall "Ty" Compton, Chula Vista's representative
on the Board of Port Commissioners, effective December 31,2003.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with the Maddy Act.
B. Memorandum from Councilmember Salas requesting an excused absence ttom
the City Council meeting of December 16, 2003.
Staff recommendation: Council excuse the absence.
2. ORDINANCE NO. 2941, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION
2.05.010, RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS
(SECOND READING)
The California Border Alliance Group (CBAG) has requested the addition of a new
position of CBAG Program Manager and an additional CBAG Program Analyst. CBAG
covers all costs for the positions, including a three-percent administrative fee paid to the
City. City Charter Section 500 requires that all unclassified positions not mentioned
specifically in that section be adopted by ordinance. The Police Department recommends
the addition of the position of CBAG Program Manager to the unclassified service. This
ordinance was introduced on November 25, 2003. (Chief of Police, Director of Human
Resources)
Staff recommendation: Council adopt the ordinance.
Page 2 - City Council Minutes 12/09/2003
CONSENT CALENDAR (Continued)
3. ORDINANCE NO. 2942, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADDING SECTION 2.66.255 TO THE CHULA VISTA MUNICIPAL
CODE TO REGULATE THE USE OF CITY SKATE FACILITIES, AND AMENDING
SECTION 2.66.250 WHICH REGULATES THE RIDING OF BICYCLES,
MOTORCYCLES, ROLLER BLADES, ROLLER SKATES, AND SKATEBOARDS IN
CITY PARKS (SECOND READING)
Several skate facilities in City neighborhood and community parks are due to be
constructed over the next few years. Adoption of the ordinance creates reasonable and
enforceable rules and regulations for the new recreational facilities. This ordinance was
introduced on November 25, 2003. (Director of Recreation)
Staff recommendation: Council adopt the ordinance.
4. RESOLUTION NO. 2003-485, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CHANGE ORDER NO.9 FOR THE
PALOMAR STREET IMPROVEMENTS FROM INTERSTATE 5 TO INDUSTRIAL
BOULEVARD (PROJECT ST922), AND AUTHORIZING THE DIRECTOR OF
ENGINEERING TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY
The Council previously approved a resolution awarding a contract in for $2,168,930 to
Daley - CCAC, a Joint Venture, for this project. Proposed Change Order No.9 is for
revised pavement sections for portions of Industrial Boulevard and Palomar Street that
were necessary due to the presence of shallow Sweetwater Authority water mains.
(Director of Engineering)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2003-486, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE "A"
MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID SECOND AMENDMENT
Adoption of the resolution approves the second amendment to the "A" Map
Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 01-11,
Otay Ranch Village II. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2003-487, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE CITIES OF
SAN DIEGO AND NATIONAL CITY REGARDING THE INSTALLATION,
SHARING AND MAINTENANCE OF THE SOUTH BAY TRAFFIC SIGNAL
INTERCONNECT PROJECT, AND APPROPRIATING $50,000 FROM THE
AVAILABLE FUND BALANCE OF THE GENERAL FUND AND $50,000 FROM
THE A V AILABLE FUND BALANCE OF THE TRAFFIC SIGNAL FUND TO
FINANCE CHULA VISTA'S PORTION OF THE PROJECT
Page 3 - City Council Minutes 12/09/2003
CONSENT CALENDAR (Continued)
The City of San Diego is completing a federally funded traffic signal communication and
management project, the "South Bay Interconnect Project," which extends through all of
Chula Vista. The project includes the installation of single mode fiber optic (SMFO)
cable trunk in an existing 1.5" conduit under Fourth Avenue ttom the northerly city limits
to Main Street, and under Main Street westerly to Broadway, and finally southerly under
Broadway to the southerly City limits. The project within Chula Vista's limits involves
the pulling of SMFO and the connections to all the traffic signals along said route. It also
involves the construction of access points for future connections to City facilities.
(Director of Engineering)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2003-488, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AMENDMENT AND ONE-YEAR
EXTENSION OF THE AGREEMENTS BETWEEN (A) THE CITY OF CHULA
VISTA AND MACTEC (PREVIOUSLY LAW CRANDALL, A DIVISION OF LAW
ENGINEERING AND ENVIRONMENTAL SERVICES, INC.) AND (B) THE CITY
OF CHULA VISTA AND TESTING ENGINEERS-SAN DIEGO, INC. FOR
PROVIDING CONSULTING SERVICES FOR MATERIALS TESTING,
GEOTECHNICAL, AND STORM WATER MONITORING REQUIRED FOR
VARIOUS CAPITAL IMPROVEMENT PROGRAM PROJECTS DURING THEIR
DESIGN AND CONSTRUCTION PHASES AND AUTHORIZING THE MAYOR TO
EXECUTE AMENDMENTS AND EXTENSIONS TO SAID AGREEMENTS ON
BEHALF OF THE CITY
The Council previously approved agreements with (a) Law Crandall, a Division of Law
Engineering and Environmental Services, Inc. (subsequently changed to MACTEC) and
(b) Testing Engineers-San Diego, Inc. for materials testing, geotechnical, and storm water
consulting services required for various capital improvement program projects ttom April
1,2002 to December 31, 2003. Each of the agreements includes provisions giving the
City the option to extend the original agreements for up to two additional one-year terms.
Both MACTEC and Testing Engineers-San Diego, Inc. have indicated that they are
willing to extend their respective agreements for one additional year (January I, 2004
through December 31, 2004) with no increase in rates. Staff recommends that the City
exercise said option based upon said consultants' satisfactory performances. (Director of
Engineering)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2003-489, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004 LffiRARY
DEPARTMENT BUDGET BY APPROPRIATING A) UNANTICIPATED GRANT
REVENUE IN THE AMOUNT OF $10,275 FOR EXPENDITURES ASSOCIATED
WITH THE LITERACY PROGRAM, B) UNANTICIPATED REVENUE IN THE
AMOUNT OF $5,833 FOR LITERACY TEAM'S EVEN START F AMIL Y LITERACY
GRANT, AND C) UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF
$4,000 IN WORKFORCE INVESTMENT ACT 231 GRANT FUNDS
Page 4 - City Council Minutes 12/09/2003
CONSENT CALENDAR (Continued)
The Chula Vista Literacy Team recently received two mini-grant awards totaling $10,275
for the literacy program and an augmentation to the Even Start Family Literacy grant in
the amount of $5,833. In addition, the California Department of Education recently
notified the Chula Vista Literacy Team of an augmentation to the Workforce Investment
Act (WIA) 231 grant in the amount of $4,000 for the fiscal year 2004. (Assistant City
Manager Palmer)
Staffrecommendation: Council adopt the resolution.
9. RESOLUTION NO. 2003-490, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004 BUDGET,
APPROVING A SALARY INCREASE AND TITLE CHANGE FOR THE POLICE
COMMUNICATIONS OPERATOR SERIES, APPROVING THE CREATION OF THE
FIRE DISPATCHER SERIES, AND CREATING A FIRE COMMUNICATIONS
MANAGER CLASSIFICATION
Adoption of the resolution approves a salary increase and title change for the Police
Communications Operator series in order to remain competitive in the market. Adoption
of the resolution also approves the addition of the classification and salary range for the
Fire Dispatcher series and a Fire Communications Manager. (Director of Human
Resources)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2003-491, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE DAVID A. WERGELAND SHARK AND RAY EXPERIENCE PHOTOVOL TAlC
SYSTEM IN THE CITY OF CHULA VISTA (PROJECT GGl76A) TO
INDEPENDENT ENERGY SOLUTIONS INC., IN THE AMOUNT OF $27,324.95
Sealed bids were received for this project on November 18, 2003. The project will
provide for a fully functional 7.1KW (STC) grid-connected photovoltaic system to be
installed at the recently renovated David A. Wergeland Shark and Ray Experience
located at the City's Nature Center. (Director of General Services)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Padilla moved to approve staff's recommendations and offered the
Consent Calendar, headings read, texts waived. The motion carried 5-0, except
on Item No.6, which carried 4-0-1, with Deputy Mayor Rindone abstaining due
to the proximity of his residence to the project.
ORAL COMMUNICATIONS
There were none.
Page 5 - City Council Minutes 12/09/2003
PUBLIC HEARINGS
11. CONSIDERATION OF TWO OPTIONS MEANT TO CLARIFY PREVIOUS CITY
COUNCIL'S ACTION ON A REZONE AND PRECISE PLAN FOR A ONE-ACRE
PARCEL LOCATED AT 825 BROADWAY
On October 14, 2003, the Council placed on first reading two ordinances approving a
zone change and Precise Plan to allow the development of a residential (senior
housing)/retail mixed-use project at the northeast comer of Broadway and Sierra Way.
After the meeting, a question arose concerning the type of vehicular access approved by
the Council for the project. A review of the meeting's minutes and public record did not
further clarify the issue. Thus, the purpose of the public hearing is to make clear the
Council's action with regard to the project's vehicular access. (Director of Planning and
Building)
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.
Associate Planner Walker explained the differences between two proposed site plans, stating that
Option I would approve the applicant's original site plan with access to the project from the
school access easement, while Option 2, staff's recommended plan, would provide access ttom
Broadway and mitigate staff's concerns about the ability to provide continuous and uninterrupted
project access during peak school traffic hours. Approval of Option 2 would require rescinding
the ordinances previously introduced on October 14th.
Lee Bates, project manager, supported Option I, which he believed would work better for the
project and since it would not require a curb cut in the middle of the project that would detract
ttom a pedestrian-only zone.
Councilmember McCann asked about the visibility of cars in the parking lot. Mr. Bates
responded that a wall to screen the parking area is included in the architectural design, but it
would only work if the access were ttom the school access easement.
Deputy Mayor Rindone asked how far the proposed curb cut would be from the comer. Deputy
Director of Planning Hernandez replied that the curb cut is approximately 110 feet. Deputy
Mayor Rindone believed that the distance was relatively short for access to a four-lane signal.
Deputy Director of Engineering Al-agha stated that the distance is common along Broadway.
There being no members of the audience wishing to speak, Mayor Padilla closed the hearing.
ACTION: Following Council discussion, Deputy Mayor Rindone moved to approve Option
I and offered Ordinance Nos. 2943 and 2944 for second reading, headings read,
texts waived:
Page 6 - City Council Minutes 12/0912003
PUBLIC HEARINGS (Continued)
ORDINANCE NO. 2943, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 OF THE
MUNICIPAL CODE, REZONING A ONE-ACRE PARCEL LOCATED AT 825 BROADWAY
FROM THE C-T-P (THOROUGHFARE COMMERCIAL, PRECISE PLAN) ZONE TO THE
C-C-P (CENTRAL COMMERCIAL, PRECISE PLAN) ZONE
ORDINANCE NO. 2944, ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING PRECISE PLAN (PCM-
03-21) FOR A MIXED-USE RESIDENTIAL AND RETAIL
DEVELOPMENT LOCATED AT 825 BROADWAY WITHIN THE
SOUTHWEST REDEVELOPMENT AREA (SECOND READING AND
ADOPTION)
The motion carried 5-0.
ACTION ITEMS
12. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING THE
IMPLEMENTATION OF A CITY COUNCIL POLICY FOR THE DEVELOPMENT
OF AFFORDABLE FOR-SALE HOUSING FOR LOW-INCOME BUYERS
At the October 7, 2003, Council meeting, staff provided preliminary information
regarding a proposed policy for the development of future affordable for-sale housing
developments. Staff received comments and recommendations from members of the
Council regarding changes to the proposed development guidelines and the prioritization
system. Since that meeting, staff incorporated Council's input and made significant
changes to the proposed policy. Adoption of the resolution approves the final policy.
(Director of Community Development)
Senior Community Development Specialist Do discussed two significant comments by the
Council at the October 7'h meeting, including (1) combining market rate sales price with equity
share based upon term of occupancy in order to allow the City to recoup more funds, providing
the ability to further the City's affordable housing programs; and (2) modifying the buyer
selection criteria to include a priority for public safety employees and for residents living in non-
assisted units. She explained that the purpose of the proposed policy was to provide affordable
homeownership opportunities for low-income households and ensure that the City receives
adequate funds in order to promote its affordable home ownership programs throughout the City.
She also discussed the development guideline component, program requirements and buyer
selection criteria.
Councilmember McCann requested an explanation of the buyer cost-based and income-based
measures of affordability. Ms. Do replied that the cost-based measure is where a household
cannot expend more than 36 percent of its gross income on housing to ensure that the buyers are
not over-extending themselves on the purchase of a home. The income-based measure is where
income cannot exceed 80 percent of Area Median Income (AMI) that is calculated by the U.S.
Department of Housing and Urban Development (HUD). Councilmember McCann suggested an
increase in the cost-based measure to 40 percent to provide more flexibility for additional costs,
such as homeowner fees. He also suggested that the provision regarding two-bedroom
households with "three or greater persons" be modified to "two persons or greater" to allow
flexibility for young couples, seniors, or a single parent; and he suggested reducing the provision
for a three-bedroom home from "five persons or greater" to "four persons."
Page 7 - City Council Minutes 12/0912003
ACTION ITEMS (Continued)
CounciImember Salas spoke regarding the possibility of establishin~ residency requirements and
asked about potential risks associated with legal challenges. Deputy City Attorney Hull
responded that staff intends to come back at a later date to address the legal issues surrounding
residency requirements. Councilmember Salas stated that she would prefer to implement a
residency requirement to fill the housing needs of Chula Vista residents.
Councilmember McCann offered Resolution No. 2003-492, as amended to 1) include 36 percent
annual maximum housing costs for FHA loans and 40 percent for all other loans, and 2) that the
formula for household size on the two-bedroom units of five or greater, be decreased to two, and
the three-bedroom units be decreased ttom five to four.
Councilmember Salas expressed reservations regarding amending the formula for household
size, stating that larger families have difficulty finding units with a higher number of bed rooms.
ACTION: Subsequent to further Council discussion, Councilmember McCann offered a
substitute motion to adopt Resolution No. 2003-492, heading read, text waived, as
amended to include that the cost-based measure will not exceed 36 percent of the
gross income for Federal Housing Administration loans and 40 percent for all
other loans:
RESOLUTION NO. 2003-492, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE
IMPLEMENTATION OF A CITY COUNCIL POLICY FOR THE
DEVELOPMENT OF AFFORDABLE FOR-SALE HOUSING FOR
LOW-INCOME BUYERS INCLUDING THE ESTABLISHMENT OF:
1) DEVELOPMENT GUIDELINES; 2) PROGRAM REQUIREMENTS;
AND 3) BUYER SELECTION CRITERIA
Deputy Mayor Rindone seconded the motion, and it carried 5-0.
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
There were none.
14. MAYOR'S REPORTS
A. Appointment of Deputy Mayor.
Mayor Padilla expressed his gratitude to Deputy Mayor Rindone for serving as Deputy Mayor
for the past year and presented him with a token of appreciation ttom the Council.
ACTION: Mayor Padilla moved to appoint Councilmember Salas as Deputy Mayor. Deputy
Mayor Rindone seconded the motion, and it carried 5-0.
Page 8 - City Council Minutes 12/0912003
OTHER BUSINESS (Continued)
B. Ratification of appointment to the Nature Center Board of Trustees - James
McVeigh.
ACTION: Mayor Padilla moved to ratify the appointment of James McVeigh to the Nature
Center Board of Trustees. Councilmember McCann seconded the motion, and it
carried 5-0.
C. Consideration of appointment of Chula Vista's representative on the Board of
Port Commissioners, on an emergency basis, ensuring that Chula Vista is
continually represented.
ACTION: Mayor Padilla moved to appoint William Hall to the Board of Port
Commissioners on an emergency basis. Councilmember Davis seconded the
motion, and it carried 5-0.
15. COUNCIL COMMENTS
Deputy Mayor Rindone congratulated the Downtown Business Association (DBA) on the
success of the recent Yule Tide Parade and suggested that a letter of congratulations be sent to
the DBA on behalf of the Council.
Councilmember McCann also congratulated the DBA on an incredible Yule Tide Parade.
Councilmember McCann thanked Deputy Mayor Rindone for attending the recent Otay Ranch
tree lighting ceremony, adding that it was pleasing to see such a great gathering of members of
the Otay Ranch community.
CLOSED SESSION
16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. Grippi v. City ofChula Vista (SDSC No. GIC 801393)
No reportable action was taken on this item.
17. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
. Two Cases
ACTION: One case was discussed, and direction was given to staff on that case.
18. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Page 9 - City Council Minutes 12/0912003
CLOSED SESSION (Continued)
Property: San Diego Gas & Electric - Gas and Electricity Franchise
(pertaining to public rights-of-way throughout the City of Chula
Vista)
City 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 ttanchise conveyance
No reportable action was taken on this item.
19. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: The Chula Vista Municipal Golf Course on Bonita Road and
adjacent acreage owned by the City
Agency Negotiator: Sid Morris
Negotiating Parties: City of Chula Vista (Sid Morris), American Golf Corporation
(Brian Jackson)
Under Negotiation: Price, terms, and disposition oflease
No reportable action was taken on this item.
20. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
. One Case
.
This item was not discussed, and no action was taken.
ADJOURNMENT
At 9:00 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of December 16,
2003, at 6:00 p.m. in the Council Chambers.
~
Lorraine Bennett, Deputy City Clerk
Page 10 City Council Minutes 12/09/2003