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HomeMy WebLinkAboutcc min 2004/12/14 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 14, 2004 6:00 P.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: Castaneda, Davis, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: 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 LAURIE MADIGAN, DIRECTOR OF COMMUNITY DEVELOPMENT, OF THE EMPLOYEE OF THE MONTH, LINDA WELCH, SENIOR SECRETARY Community Development Director Madigan introduced the employee of the month, Linda Welch. Mayor Padilla then read the proclamation, and Councilmember Davis presented it to Ms. Welch. · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DAVID LOPEZ, EQUIPMENT OPERATOR IN THE PUBLIC WORKS OPERATIONS DEPARTMENT, RECOGNIZING HIM FOR HIS HEROIC EFFORTS AT THE SCENE OF A PEDESTRIANNEHICLE ACCIDENT ON NOVEMBER 18, 2004 Mayor Padilla read the proclamation, and Councilmember Davis presented it to David Lopez. · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DENNIS BURLASON, SENIOR HV AC TECHNICIAN IN THE GENERAL SERVICES DEPARTMENT, RECOGNIZING HIM FOR HIS EFFORTS IN ACCOMPLISHING SUBSTANTIAL COST SAVINGS FOR THE CITY General Services Director GriffIn introduced Dennis Burlason. Mayor Padilla then read the proclamation, and Councilmember Davis presented it to Mr. Burlason. Page I - Council Minutes December 14, 2004 -,,-_._.~",.._.-._-_.__._.__.._--_._,-~~.,._....__.- _..-.-._--,.._..._"'----_.~.~-- SPECIAL ORDERS OF THE DAY (Continued) . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO UNITED STATES ARMY STAFF SERGEANT FRANCISCO PINEDO, RECOGNIZING HIM AS A RECIPIENT OF TWO PURPLE HEARTS FOR HIS COMBAT SERVICE IN IRAQ THIS YEAR Mayor Padilla read the proclamation, and Councilmember Davis presented it to Staff Sergeant Francisco Pinedo. Captain Anthony Newtson thanked the Council for recognizing Staff Sergeant Pinedo, who is a Non-Commissioned Officer who always leads his soldiers from the front. He presented Staff Sergeant Pinedo with his second Purple Heart, on behalf of the Secretary of the Army, as a result of wounds sustained in the Iraq war on September 4, 2004. Captain N ewtson then presented Staff Sergeant Pinedo with a picture of the Charlie Company, illustrating the operations conducted by the Company in Iraq, and stated that he will be rnissed as a member of the Army family. Staff Sergeant Pinedo thanked his wife for arranging the surprise proclamation and expressed his gratitude for being home. Lieutenant Van Tassle presented Staff Sergeant Pinedo with a Charlie Company hat. He then thanked the Council for recognizing Staff Sergeant Pinedo, stating that he is an outstanding citizen who has taught him a lot about leadership, hard work, and sacrifice. CONSENT CALENDAR (Items I through 26) Councilmember Castaneda announced that he would abstain from voting on Item 1, since he was not present at the meeting. Mayor Padilla announced that Item 2B would be removed from the agenda. With reference to Item 6, Mayor Padilla asked if staff wished to consider auditing other districts to ensure accuracy. City Engineer Al-Agha responded that the error was unique to this particular district, but staff would be double-checking the other districts. With reference to Item 12, CouncilmemberMcCann stated that the allocation of $206,291.50 for the construction of sidewalk improvements on Quintard Street, between Third A venue and Orange A venue, highlights the commitment of the City to provide improvements on the west side. With reference to Item 22, Mayor Padilla suggested in the future that relevant City commissions be provided with information regarding residual funds and appropriateness for use. Page 2 - Council Minutes December 14, 2004 ~._- ------_.._--_._--~ --.----.-.- _.....~._._. "'"M CONSENT CALENDAR (Continued) With reference to Item 26, Mayor Padilla announced that the item would be pulled frorn the agenda and continued to a future date. 1. APPROVAL OF MINUTES of October 26, 2004 Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter from Councilmember Castaneda resigning from the Planning Commission and Mobilehome Rent Review Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancies in accordance with Maddy Act requirements. B. Memorandum from Councilmember McCann requesting an excused absence from the Meeting of November 23, 2004. Staff recommendation: Council excuse the absence. C. PETITION SIGNED BY RESIDENTS OF SILVERCREST RESIDENCE AT 636 THIRD AVENUE REQUESTING RESTORATION OF PARKING SPACES This is a petition request from the residents of Silvercrest Residence at 635 Third A venue to reinstate three on-street parking spaces along Third Avenue. Staff recommendation: That the request be denied due to public safety and medical emergency response needs. 3. ORDINANCE NO. 2990, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REPEALING ORDINANCE NO. 2884, RELATING TO THE PUMPED SEWER DEVELOPMENT IMPACT FEE (SECOND READING) Adoption of the ordinance repeals ordinance no. 2884. Since the Salt Creek Trunk Sewer has been constructed, and there is no longer any need to pump flows out of the Salt Creek basin, staff recommends that the Pumped Sewer Development Irnpact Fee be repealed. This ordinance was introduced on November 23, 2004. (Director of General Services, City Engineer) Staff recommendation: Council adopt the ordinance. 4. ORDINANCE NO. 2991, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.05.010 OF THE CHULA VISTA MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITION OF DIRECTOR OF BUDGET AND ANALYSIS (SECOND READING) Page 3 - Council Minutes December 14, 2004 - ------_._.,"_.,---"_._--~-_._-~-~------_.~----_._,- CONSENT CALENDAR (Continued) Since the Assistant City Manager (Administrative Services) position was combined with the Director of Budget and Analysis position in March 2003, the duties associated with both positions have changed and expanded. Given these increases in responsibilities it is recommended that the positions of Assistant City Manager and Director of Budget and Analysis be separated. This ordinance was introduced on November 23,2004. (Assistant City Manager Fruchter) Staff recommendation: Council adopt the ordinance. 5. RESOLUTION NO. 2004-386, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2005 The Internal Revenue Code requires that employers offering cafeteria plans under Section 125 have a written plan document, and that the employer adopt the plan document annually. Adoption of the resolution fulfills this requirement. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2004-387, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING OPEN SPACE DISTRICT 20 FUNDS AND AUTHORIZING THE DIRECTOR OF FINANCE TO MAKE REFUNDS Sixty condominium properties (Eucalyptus Ridge), adjacent to Open Space District 20 (Rancho del Rey), were erroneously charged special assessments between Fiscal Years 2001/2002 and 2003/2004. Adoption of this resolution appropriates $15,322 from the available balance of the Open Space District 20 Fund and authorizes staff to refund these assessments to the original payers. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2004-388, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT TO AMEND LEGAL DESCRIPTIONS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT In August 2002, McMillin Otay Ranch, LLC recorded an "A" map for Village Six, along with certain agreements, including McMillin's ownership within Village Seven as a remainder lot. In order for McMillin to deliver the Village Seven high school no. 13 site, which is a portion of the remainder lot, to the Sweetwater Union High School District, the lot must be free and clear of all encumbrances imposed by the Village Six "A" Map. Adoption of the resolution approves an agreement to amend the legal descriptions of certain recorded agreements that run with the land owned by McMillin. The proposed agreement makes those existing agreements consistent with the Village Six boundaries. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes December 14, 2004 - - ------..-- ------------- CONSENT CALENDAR (Continued) 8A. RESOLUTION NO. 2004-389, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF CERTAIN TERRITORY TO SUCH COMMUNITY FACILITIES DISTRICT AND IMPROVEMENT AREA B THERETO B. RESOLUTION NO. 2004-390, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE DESIGNATION OF TERRITORY WITHIN IMPROVEMENT AREA A AND IMPROVEMENT AREA B OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), AND DECLARING ITS INTENTION TO CONSIDER MODIFICATIONS TO THE FACILITIES AUTHORIZED TO BE FINANCED BY SUCH COMMUNITIES FACILITIES DISTRICTS, THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES AUTHORIZED TO BE LEVIED WITHIN IMPROVEMENT AREA B THEREOF, AND THE AUTHORIZED BONDED INDEBTEDNESS FOR SUCH IMPROVEMENT AREA C. RESOLUTION NO. 2004-391, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), ADOPTING AN ANNEXATION MAP SHOWING PROPERTY PROPOSED TO BE ANNEXED TO SUCH COMMUNITY FACILITIES DISTRICT AND IMPROVEMENT AREA B THERETO Adoption of the resolutions initiates proceedings to change and modify the Rate and Method of Apportionment (RMA) for Improvement B, amend the Special Tax Report, move certain territory from Improvement Area A to Improvement Area B, annex certain territory into Improvement Area B for CFD No. 2001-1 and adopt an annexation map. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolutions. 9. RESOLUTION NO. 2004-392, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CREATING THE NEW CLASSIFICATION OF SIGNAL SYSTEMS ENGINEER I AND II IN THE CVEA BARGAINING UNIT, ELIMINATING THE EXISTING CLASSIFICATION SIGNAL SYSTEMS ENGINEER FROM THE CVEA BARGAINING UNIT; AND DELETING TWO ENGINEERING TECHNICIAN II POSITIONS AND ONE SURVEY TECHNICIAN II POSITION, ADDING ONE TRAFFIC DEVICES TECHNICIAN, ONE SIGNAL SYSTEMS ENGINEER I, AND ONE ADMINISTRATIVE ANALYST II, AND AMENDING THE FISCAL YEAR 2005 GENERAL SERVICES DEPARTMENT BUDGET THERFOR Page 5 - Council Minutes December 14, 2004 ---_._--"~-,.,+~-------~ _.~._. CONSENT CALENDAR (Continued) In January of 2004 the Engineering Department underwent a major reorganization and was absorbed into the General Services Department. Several staffing changes were adopted at that time; however, the majority of the modified positions were managerial or administrative in nature. Staff has since studied the operations of the department, identifying potential areas for improved resource allotment. Adoption of this resolution will realign existing staff to better meet the needs of the department. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2004-393, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH RUDOLPH AND SLETTEN, INC. TO INCORPORATE ADDITIONAL DESIGN SERVICES AS REQUIRED TO DESIGN AND CONSTRUCT UPGRADES AND REPLACEMENTS TO THE NATURE CENTER INTERIOR EXHIBITS (NATURE CENTER GALLERIA REMODEL) The Council previously approved an agreement with Rudolph and Sletten, Inc. for the provision of services necessary to design and construct upgrades and replacements to the Nature Center Interior Exhibits (Nature Center Galleria Remodel) capital improvement project, GG 175. Through the process of the design development phase, it became apparent that there was a need for specialized design services. Adoption of the resolution approves an amendment to the agreement to include the additional design services necessary to complete the project. (Director of General Services) Staff recommendation: Council adopt the resolution. 11. RESOLUTION NO. 2004-394, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $450,000 FROM THE GENERAL FUND, BASED ON THE SETTLEMENT FUNDS TO THE "SOUTH CHULA VISTA LIBRARY IN THE CITY OF CHULA VISTA, CALIFORNIA" CAPlT AL IMPROVEMENT PROJECT (LB-125) AS NECESSARY, TO AMEND THE CONSTRUCTION DEFICIENCIES OF THE SOUTH CHULA VISTA LIBRARY On November 2, 1993 the City Council approved a contract with Douglas E. Barnhart, Inc. for the construction of the South Chula Vista Library. The facility was dedicated and opened to the public in 1994. Shortly thereafter, several building/construction issues arose that fell under the obligation of the contractor to correct. After a number of investigations and studies to determine the cause of inconsistencies in the building's structure, the City and Douglas E. Barnhart, Inc. reached a settlement to correct the deficiencies. (Director of General Services) Staff recommendation: Council adopt the resolution. Page 6 - Council Minutes December 14, 2004 "------ -- -- ---.-- CONSENT CALENDAR (Continued) 12 A. RESOLUTION NO. 2004-395, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FILING OF ENGINEER'S REPORT BY THE CITY ENGINEER ON THE COST OF CONSTRUCTION AND SETTING JANUARY 25,2005 AT 6:00 P.M. AS THE DATE AND TIME OF A PUBLIC HEARING ON ASSESSMENT DISTRICT 2002-1 (QUINT ARD STREET) B. RESOLUTION NO. 2004-396, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEFERRAL OF ASSESSMENTS AND ESTABLISHING THE RATE OF INTEREST AND FINANCING PERIOD APPLIED TO DEFERRALS FOR ASSESSMENT DISTRICT 2002-1 On July 22,2003, pursuant to Chapter 27 of the Improvement Act of 1911 (the "Block Act") and Article xmD of the Constitution of the State of California ("Article XIIID"), Council awarded a contract in the amount of $206,291.50 to Star Paving, Inc. of San Diego for the construction of sidewalk improvements on Quintard Street between Third Avenue and Orange Avenue. Adoption of the resolution accepts filing of the Engineer's Report on the cost of construction and sets the public hearing on the assessments. (Director of General Services) Staff recommendation: Council adopt the resolutions. 13. RESOLUTION NO. 2004-397, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR RESTROOM RENOVATION AT MULTIPLE LOCATIONS IN THE CITY OF CHULA VISTA (PROJECT CIP PR-214) TO PRECISE CONSTRUCTION MANAGEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On November 10, 2004, the Director of General Services received sealed bids for this project. The work consists of the demolition of existing restrooms at Los Niños Park and Rohr Park, and construction of new restrooms including labor, material, equipment and transportation necessary to complete the project. (Director of General Services) Staff recommendation: Council adopt the resolution. 14. RESOLUTION NO. 2004-398, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $223,498 TO D3 EQUIPMENT INC., FOR THE REPLACEMENT OF THREE TRACTOR LOADER BACKHOES THROUGH A COOPERATIVE PURCHASE WITH THE CITY OF SAN DIEGO The City of Chula Vista is participating in a current City of San Diego bid from D3 Equipment, Inc. for the purchase of three tractor 10ader backhoes. The City of Chula Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. There are no vendors in the City of Chula Vista that normally furnish this type of heavy equipment. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. Page 7 - Council Minutes December 14, 2004 -~.._-------""-_._-_..,---~--~-_.~-_.. CONSENT CALENDAR (Continued) 15. RESOLUTION NO. 2004-399, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECLASSIFYING A VACANT ASSISTANT ENGINEER POSITION IN THE PUBLIC WORKS OPERATIONS DEPARTMENT/STORM WATER MANAGEMENT SECTION TO AN ENVIRONMENTAL HEALTH SPECIALIST, ESTABLISHING THE NEW CLASSIFICATION OF ENVIRONMENTAL HEALTH SPECIALIST TO BE REPRESENTED BY THE CHULA VISTA EMPLOYEES ASSOCIATION, AND SETTING THE SALARY FOR SAID NEW CLASSIFICATION As a result of a staff transfer and promotion, the Assistant Engineer position in the Storm Water Management Section has been vacant since February 2004. The NPDES permitting process has been increasingly oriented toward an emphasis on the sources and impacts of toxic chemicals, bacteria, and other pollutants in urban runoff and receiving waters and their impacts on aquatic organisms. Analysis of such topics requires knowledge of water science and analytical methods. Staff recommends that the vacant position be reclassified as an Environmental Health Specialist. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. 16. RESOLUTION NO. 2004-400, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SECOND AMENDMENTS AND ADDITIONAL ONE-YEAR EXTENSIONS 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 On April 23, 2002 Council approved agreements with Law Crandall and Testing Engineers-San Diego, Inc. for services from April 1, 2002 to December 31, 2003. Subsequently, Council approved the first amendment of one-year extension with both comparnes. Staff would like to exercise the option to extend the agreements for an additional one-year term. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. 17. RESOLUTION NO. 2004-401, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT TO VILLA FORD IN THE AMOUNT OF $521,755 FOR THE REPLACEMENT OF FIFTEEN POLICE PURSUIT SEDANS AND THREE FULL SIZE SEDANS, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF CITY OF SAN DIEGO COOPERATIVE BID A3044-00A; AND WAIVING THE FORMAL BID PROCESS AND ACCEPTING AN OFFER TO EXTEND TERMS AND CONDITIONS OF CITY OF SAN DIEGO BID Q2865/00, FOR SIX INTERMEDIATE SEDANS Page 8 - Council Minutes December 14, 2004 -....- -- -- . -- .--.,..--- ---- -.--- -~-~ CONSENT CALENDAR (Continued) The Fiscal Year 2004/2005 Central Garage Budget provides for the replacement of twenty-four vehicles in the Police Department. The Chula Vista Municipal Code Section 22.56.l40 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. The City has an opportunity to participate in a current City of San Diego bid for favorable terms and pricing, and to accept an offer to extend terms and pricing of a recently expired bid. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. 18. RESOLUTION NO. 2004-402, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULÀ VISTA WANING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND AWARDING A PURCHASING AGREEMENT TO GBA MASTER SERIES, INC., IN THE AMOUNT OF $138,675 FOR THE PURCHASE AND INSTALLATION OF A NEW WORK MANAGEMENT SYSTEM FOR THE PUBLIC WORKS OPERATIONS DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Adoption of the resolution awards a purchasing agreement to GBA Master Series, Inc, for the purchase and installation of a new work management system. The vendor who supplied, implemented, and maintained the current Work Management System, Stantec Consulting, Inc. will no 10nger be providing support services for any of their management software effective January 1,2005. Staff recommendation: Council adopt the resolution. 19. RESOLUTION NO. 2004-403, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD WASTE TIRE TRACK AND OTHER RECREATIONAL SURFACING PROGRAM, FOR RUBBERIZED FLOORING FOR A NEW FITNESS ACTIVITY AREA AT NORMAN PARK CENTER, AND AMENDING THE FISCAL YEAR 2005 CAPITAL IMPROVEMENT PROGRAM BUDGET BY APPROPRIATING $26,878.09 BASED ON UNANTICIPATED DONATION REVENUE The California Integrated Waste Management Board (CIWMB) offers a Waste Tire Track and Other Recreational Surfacing Grant to promote markets for recycled-content products derived from waste tires generated in California and $800,000 has been allocated for this competitive grant program for Fiscal Year 2004/2005. The Recreation and General Services Departments recommend that the City apply for grant funding from this program for $7,535.14 to provide shock-absorbing rubberized floor tiles for a fitness area being proposed at Norman Park Center. (Director of Recreation) Staff recommendation: Council adopt the resolution. Page 9 - Council Minutes December 14, 2004 --.-~._.-~-.--------~..-'-~-"-"~.----_.~--..-.---~-- CONSENT CALENDAR (Continued) 20. RESOLUTION NO. 2004-404, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RESEARCH NETWORK, LTD., FOR THE PREP ARA TION OF A PARKS AND RECREATION NEEDS ASSESSMENT UPDATE; AMENDING THE FISCAL YEAR 2005 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $102,840 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City is in the process of updating its General PIan and creating an Urban Core Specific Plan. The preparation and anticipated adoption of these two policy documents will result in an expanded vision for development within the City. The City's existing Parks and Recreation Master Plan will need to be updated to reflect policy updates and population projections envisioned. In order to update the Parks and Recreation Master Plan, the City must fIrst prepare an updated Parks and Recreation Needs Assessment. (Director of Recreation) Staff recommendation: Council adopt the resolution. 21 A. RESOLUTION NO. 2004-405, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND HILLTOP MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED BEFORE AND AFTER- SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2005 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $4,041 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION NO. 2004-406, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED BEFORE AND AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2005 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $10,797 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT C. RESOLUTION NO. 2004-407, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE YMCA OF SAN DIEGO COUNTY FOR THE PROVISION OF BEFORE AND AFTER- SCHOOL PROGRAM HOURS AT CASTLE PARK MIDDLE SCHOOL AND HILLTOP MIDDLE SCHOOL, AMENDING THE FISCAL YEAR 2005 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,763 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 10 - Council Minutes December 14,2004 ----------------- - -"---- --------. CONSENT CALENDAR (Continued) D. RESOLUTION NO. 2004-408, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT IN THE AMOUNT OF $1,750 FROM THE POLICE ACTIVITIES LEAGUE (PAL) FOR THE PROVISION OF YOUTH SPORTS IN THE MIDDLE SCHOOL AFTER-SCHOOL PROGRAM, AND AMENDING THE FISCAL YEAR 2005 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $1,750 BASED ON UNANTICIPATED REVENUE E. RESOLUTION NO. 2004-409, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $3,100 BASED ON UNANTICIPATED DONATION REVENUE FROM ELITE RACING FOR THE MIDDLE SCHOOL AFTER-SCHOOL PROGRAM The Recreation Department and the Sweetwater Union High School District (District) jointly fund the Middle School after-school program (Club Teen Connection or Club TC). The program is additionally funded from Critical Hours grants and Safe Neighborhood, Safe School grants received by the individual schools. (Director of Recreation) Staff recommendation: Council adopt the resolutions. 22. REPORT REGARDING THE DEVELOPMENT IMPACT FEE, PARK ACQUISITION AND DEVELOPMENT FEE, AND TRUNK SEWER CAPITAL RESERVE FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2004 RESOLUTION NO. 2004-410, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THAT THE UNEXPENDED FUNDS IN THE PARK ACQUISITION AND DEVELOPMENT FEE FUND ARE STILL NEEDED TO PROVIDE FOR CONSTRUCTION OF FACILITIES FOR WHICH THE FEES WERE COLLECTED State law requires local agencies assessing Development Impact Fees (DIF) and sewer capacity charges to make available specified financial data to the public each fiscal year. This report satisfies that requirement and provides the public with information on Parkland Acquisition and Development fees. (Director of Finance) Staff recommendation: Council accept the report and adopt the resolution. 23. RESOLUTION NO. 2004-411, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT BID PROCESS, AND APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, BURKETT & WONG ENGINEERS (CONSULTANT), AND SUDBERRY PROPERTIES, INC. (APPLICANT), FOR THE PREPARATION OF AN AMENDMENT TO THE EASTLAKE VILLAGE CENTER NORTH SUPPLEMENTAL PUBLIC FACILITIES FINANCING PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page II - Council Minutes December 14, 2004 --_.<._-,.__."._>_.,,_."~_._---~~--_.,---,---.-~-~-,_.~--"._, CONSENT CALENDAR (Continued) Adoption of the resolution approves a three-party agreement between the City of Chula Vista, Burkett & Wong Engineers and Sudberry Properties, Inc. for professional consulting services related to the preparation of an amendment to the EastLake Village Center North Supplemental Public Facilities Financing PIan (SPFFP). The SPFFP is being prepared to address the changes in infrastructure requirements and fiscal impact as a result changing the land use designation for a 13-acre parcel at the southeast corner of EastLake Parkway and the future alignment of the SR-125 toll-road. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 24 A. RESOLUTION NO. 2004-412, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A RESTRICTIVE COVENANT AGREEMENT BETWEEN THE BORST F AMIL Y TRUST, F ASK LAND INC., AND THE CITY OF CHULA VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION NO. 2004-413, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION OF $188,000 FROM THE BORST F AMIL Y TRUST AND FASK LAND INC. TO BE USED IN FURTHERANCE OF THE OTAYVALLEY REGIONAL PARK The Borst Family Trust and Fask Inc., have committed to setting aside approximately 70- acres of open space they own within the Otay River Valley, south and east of the planned Auto Park East project for purposes of the Otay Valley Regional Park. Adoption of the resolution approves a restrictive covenant agreement between the Borst Family Trust, Fask Land Inc., and the City of Chula Vista; and acceptance of a donation of $188,000 for Otay Valley Regional Park activities. (Director of Planning and Building) Staff recommendation: Council adopt the resolutions. 25. RESOLUTION NO. 2004-414, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ECONOMIC AND PLANNING SYSTEMS, INC. FOR CONSULTING SERVICES, WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAID AMENDMENT On May 21, 2004, the City entered into an agreement with Economic and Planning Systems, Inc. The agreement provided for a review and assessment of the current Growth Management Program, suggestions for improvement, drafting of a new Growth Management Element as part of the General Plan Update, and assisting in the preparation of a revised Growth Management ordinance. Approval of the amendment allows the consultant to assist in fInalizing the Growth Management ordinance and redrafting the Growth Management Program Document. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. Page 12 - Council Minutes December 14, 2004 i , -... ------------- ~ -------.- --------- CONSENT CALENDAR (Continued) 26. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 BUDGET BY TRANSFERRING THE EMERGENCY MANAGEMENT FUNCTION AND ASSOCIATED PERSONNEL AND BUDGET FROM THE FIRE DEPARTMENT TO THE MANAGEMENT AND INFORMATION SERVICES DEPARTMENT In order to more effectively manage disaster preparedness citywide, effectively coordinate the Emergency Operation Center (EOC), manage the EOC staff and meet the guidelines of the Fire Department's recently-completed strategic plan, it is recommended that responsibility for the City's emergency operations be transferred from the Fire Department to the Management and Information Services Department. (Director of Management and Information Services/Fire Chief) Staff recommendation: Council adopt the resolution. With reference to Item 2C, Mayor Padilla announced that the following members of the public wished to speak to the item. Russell Husted, representing Salvation Army Management and current Management Superintendent of Silvercrest Apartments, stated that the entire 600 block of Third A venue is commercial, with the exception of the Silvercrest Apartments. All of the apartment residents are elderly and frail, and with inadequate on-street parking, the residents would become very isolated, since they depend on the parking spaces for family members and support groups who assist them with shopping, medical trips, mail, shuttle vans, and emergency needs. He proposed that additional parking be provided, as well as a built-in curb to provide further safety for the residents. Mary Rubacha, owner of Silvercrest Apartments, stated that the apartment residents are all elderly, and since they do not own vehicles, they are dependent upon other means of transport for appointments or trips to the grocery store. She asked the Council to grant two additional parking spaces, stating that it seems little to ask for something that affects the lives of many. ACTION: Councilmember Rindone moved to refer the item back to staff to seek alternatives to provide safety and security to the apartment residents. Councilmember Davis seconded the motion, and it carried 5-0. Councilmember Castaneda suggested looking at passenger loading. Councilmember McCann was hopeful that staff would work with Silvercrest representatives to arrive at a solution to meet the needs of all parties. Councilmember Davis suggested looking at the possibility of providing access inside the gates to load and off-load passengers. Page 13 - Council Minutes December 14, 2004 ~.__._.__.._---....-.--...-'..- _.~--'-"-'_.~'-"~"'"---_.- CONSENT CALENDAR (Continued) ACTION: Mayor Padilla moved to approve staff's recommendations and offered Consent Calendar Items No.1, 2A, and 3 through 25, headings read, texts waived. The motion carried 5-0, except on Item 1, which carried 4-0-1, with Councilmember Castaneda abstaining since he was not present at the meeting. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS 27. CONSIDERATION OF ADOPTION OF AN ORDINANCE TO ALLOCATE ADEQUATE STORAGE SPACE FOR THE SEPARATION AND TEMPORARY STORAGE OF RECYCLABLES AND SOLID WASTE IN DEVELOPMENT PROJECTS Chapter 18 of the California Public Resources Code requires jurisdictions adopt a space allocation ordinance to ensure adequate space for the temporary storage, separation and collection of solid waste and recyclables at all facilities within the jurisdiction. (Director of Conservation and Environmental Services) 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. There were no members of the public who wished to speak. ACTION: Councilmember McCann moved to continue the hearing to January 18, 2005. Councilmember Davis seconded the motion, and it carried 5-0. 28. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND, AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. (Director of Finance) 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. Page 14 - Council Minutes December 14, 2004 - ---- --- ~ -- -------...---- - - - ------ PUBLIC HEARINGS (Continued) Finance Director Kachadoorian announced that 188 property owners were notified of their delinquent accounts, and 90 accounts have since been cleared. She requested that the remaining 98 accounts, valued at $27,400, be assessed as liens on the respective parcel, and ultimately placed on the next regular property tax bill for collection. With no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered Resolution No. 2004-415,heading read, text waived: RESOLUTION NO. 2004-415, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND, AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL The motion carried 5-0. 29. CONSIDERATION OF APPROVAL OF THE VACATION OF THE PEDESTRIAN EASEMENT LOCATED WITHIN 624 MARIPOSA CIRCLE (APN: 639-682-31-00) The City is considering vacating a six-foot-wide pedestrian easement located within 624 Mariposa Circle. The easement does not provide access to a public street as originally intended, but dead-ends at the adjacent private property located at 505 East Naples Street. In accordance with Part 3, Chapter 3 of the California Streets and Highways Code, Council adopted a Resolution of Intention setting the public hearing to consider the vacation of the easement. In order to vacate, the Council must adopt a resolution ordering the vacation of the easement. (Director of General Services, City Engineer) 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. JoAnn Bonner, whose residence is 10cated adjacent to the subject property, stated that she has observed increased graffiti, trash and noise in the area. She believed that the walkway was a hazard and should be closed for the safety of the neighborhood. She added that she has placed calls to the Police Department as a result of vandalism at the nearby church. With no further members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered Resolution No. 2004-416, heading read, text waived: Page 15 - Council Minutes December 14, 2004 >~~"--_._~..,._'-._~~.__._._.__._~,~-,-~ - ,- <--~~_.." PUBLIC HEARINGS (Continued) RESOLUTION NO. 2004-416, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE VACATION OF THE PEDESTRIAN EASEMENT LOCATED WITHIN 624 MARIPOSA CIRCLE (APN: 639-682-31-00) The motion carried 5-0. 30. CONSIDERATION OF 1) AN AMENDMENT TO THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN UPDATING THE PUBLIC FACILITIES FINANCE PLAN AND AIR QUALITY IMPROVEMENT PLAN (PCM 04-15A); 2) A TENTATIVE SUBDIVISION MAP ON 86.9 ACRES OF THE OTAY RANCH FREEWAY COMMERCIAL SPA PLAN (PCS 05-02); AND 3) A CONDITIONAL USE PERMIT FOR A MULTIPLEX MOVIE THEATER IN THE OTAYRANCH FREEWAY COMMERCIAL SPA PLAN (PCC 05-013) On September 14, 2004 the Council approved amendments to the Freeway Commercial SPA Plan proposed by General Growth Properties. General Growth Properties has now applied to update the associated Public Facilities Finance Plan and Air Quality Improvement Plan. General Growth also submitted the new Tentative Subdivision Map consisting of seven lots for freeway-oriented commercial uses on 86.9 acres of the Freeway Commercial SPA Plan. In addition, they have applied for a Conditional Use Permit for a multiplex movie theater for up to 16 screens in an approximately 70,000 square-foot building on Lot 6 of the proposed tentative map. (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. Principal Planner Rosaler presented the proposed project. Councilmember Rindone questioned whether the number of vehicles proposed for the stacking lane was sufficient. Principal Planner Rosaler replied that the engineers have designed the stacking lane to be 250 feet long with two lanes to accommodate seven vehicles in each lane. Kris Longson, representing General Growth Properties, stated that the design phase of the project would be presented to the Design Review Committee at its next meeting. With no further members of the public wishing to speak, Mayor Padilla closed the public hearing. Councilmember Davis commented that she was excited to see the project move forward. Page 16 - Council Minutes December 14, 2004 - ----- -,"- ~-- ~ PUBLIC HEARINGS (Continued) Councilmember McCann stated that the proposed project meets two community needs, the demand for theaters and restaurants and sales tax revenues that will assist with maintenance of City services. ACTION: Councilmember Rindone offered Resolution Nos. 2004-4l7, 2004-418, and 2004- 419, headings read, texts waived: A. RESOLUTION NO. 2004-417, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH PLANNING AREA 12 FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN, UPDATING THE PLAN PUBLIC FACILITIES FINANCE PLAN, AND AIR QUALITY IMPROVEMENT PLAN B. RESOLUTION NO. 2004-418, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR 86.9 ACRES OF THE OTA Y RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN-CHULA VISTA TRACT 05-02 C. RESOLUTION NO. 2004-419, RESOLUTION OF CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONDITIONAL USE PERMIT FOR A MULTIPLEX MOVIE THEATER LOCATED IN THE OT A Y RANCH FREEWAY COMMERCIAL SPA PLAN The motion carried 5-0. ACTION ITEMS 31. CONSIDERATION OF ADOPTION OF THE 2005 LEGISLATIVE PROGRAM The Legislative Program represents the Council's positions on items likely to be acted upon by the State Legislature, Congress, or administrative agencies. By adopting a Legislative Program at the beginning of each two-year legislative session, and amending it at mid-term, Chula Vista is able to take a proactive role in sponsoring, supporting, or opposing bills related to the City's various legislative priorities. (Office of the Mayor and Council) Intergovernmental Affairs Coordinator Bradley reported on the 2005 Legislative Program. Mayor Padilla expressed the need to pay close attention to the potential raid on local redevelopment funding by the State. ACTION: Mayor Padilla offered Resolution No. 2004-420, heading read, text waived: RESOLUTION NO. 2004-420, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 2005 LEGISLATIVE PROGRAM The motion carried 5-0. Page 17 - Council Minutes December 14, 2004 ~---~.'-~-,------~-~---.,.".- ----~~--~~-_..~-,-,._._..~---_..,.,.__._----~_._.~--,.._-~ ACTION ITEMS (Continued) 32. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO AN AGREEMENT WITH STRATUS, A DIVISION OF THE JCM GROUP, FOR HIGHER EDUCATION PLANNING AND CONSULTING SERVICES, FOR THE CITY'S HIGHER EDUCATION STRATEGY In November 2003, the Council/Staff University Working Group finalized the process of interviewing qualified candidates to assist with the strategic planning process. As a result of this competitive process, the City Council/Staff University Working Group selected the team of consultants lead by STRATUS. Adoption of the resolution approves an amendment to the agreement with STRATUS. (Director of Community Development) Economic Development Manager Stone stated that staff would return in January 2005 with a report regarding phase two of the University Park and Research Center project. The report will cover items solidifying the institutional partners, support development of the framework strategy, and campus planning. ACTION: Mayor Padilla offered Resolution No. 2004-421, heading read, text waived: RESOLUTION NO. 2004-421, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND STRATUS, A DIVISION OF THE JCM GROUP, FOR CONSULTING SERVICES RELATED TO THE DEVELOPMENT OF A HIGHER EDUCATION RECRUITMENT STRATEGY The motion carried 5-0. OTHER BUSINESS 33. CITY MANAGER'S REPORTS There were none. 34. MAYOR'S REPORTS Appointment of Deputy Mayor. ACTION: Mayor Padilla moved to appoint Councilmember Davis as Deputy Mayor. Councilmember McCann seconded the motion, and it carried 5-0. Mayor Padilla stated that a memorandum to the Council would be forthcoming regarding upcoming assignments to the various regional agency boards and sub-committees. Page 18 - Council Minutes December 14, 2004 .-u_..__ .~ "------ ---."- (OTHER BUSINESS (Continued) Mayor Padilla spoke regarding the "Give a Book" program, stating that at the conclusion of the book drive, the Council will recognize Robert Ware and Todd Molino, who have been instrumental in coordinating the program. He also thanked City staff for their assistance. Mayor Padilla wished everyone a safe holiday season. 35. COUNCIL COMMENTS Councilmember McCann welcomed Councilmember Castaneda to the Council. He reported on his attendance at the recent Police Officers Association dinner. He also spoke about the success of the Yule Tide Parade and thanked the Downtown Business Association and Office of Communications on the success of the event. With regard to the Chula Vista Historic Museum, he said he would like to ensure that staff is moving towards making the facility operational and preserving the City's heritage. Councilmember Rindone congratulated the Police Officers Association for the teddy bear roundup and for making a difference in the community. He also commented on the success of the recent Yule Tide Parade that he attended with this daughter. He wished the community a happy holiday and reminded them to spend time with family and friends. He also welcomed Councilmember Castaneda to the Council. Councilmember Castaneda thanked the Council and staff for his welcome to the Council, stating that he looks forward to a great working relationship. He also spoke about the success and positive efforts of the recent "Give a Book" rally. Deputy Mayor Davis welcomed Councilmember Castaneda as a member of the Council. She stated that she had attended several pep rallies at local schools regarding the "Give a Book" program. She wished everyone a happy and safe holiday. She also thanked all those who participated in the Christmas in October event. ADJOURNMENT At 7:36 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of January 11,2005, at 6:00 p.m. in the Council Chambers (The meetings of December 21, 2004, December 28, 2004, and January 4, 2005 were cancelled). ---- . Lorraine Bennett Deputy City Clerk Page 19 - Council Minutes December 14, 2004 -_._----~_.....~----_.__.._.._~~~-_..~~-