HomeMy WebLinkAbout12/16/2004 Meeting Minutes
December 16, 2004
Town of Los Altos Hills
City Council Regular Meeting
Thursday, December 16, 2004 6:00 P.M.
Bullis School Multi-Purpose Room, 25890 Fremont Road
1. CALL TO ORDER,ROLL CALL,AND PLEDGE OF ALLEGIANCE
Present: Mayor Mike O'Malley, Mayor Pro Tem Breene Kerr, Councilmember
Craig A. T. Jones, Councilmember Jean Mordo and Councilmember Dean
Warshawsky
Absent: None
Staff: City Manager Maureen Cassingham, City Attorney Steve Mattas, Planning
Director Carl Cahill, Acting City Engineer/Director of Public Works Dave
Ross, Administrative Services Director Sarah Joiner and City Clerk Karen
Jost
MOTION SECONDED AND CARRIED: Moved by Warshawsky, seconded by Kerr
and passed unanimously to limit the length of time for public comments to three minutes.
2. APPOINTMENTS AND PRESENTATIONS
2.1 Appointment to the Planning Commission
Council had before them for their consideration applications from four candidates: Bart
Carey, Harry Emerzian, Fred Fallah and Steve Hubbel. Candidates introduced
themselves and summarized why they were seeking appointment to the Planning
Commission.
Following Council interviews and ballot voting, Bart Carey was appointed to the
Planning Commission for a term of four years.
2.2 Appointment to the Town's Standing Committees
2.2.a Parks and Recreation Committee (1 vacancy)
MOTION SECONDED AND CARRIED: Moved by Warshawsky, seconded by Kerr and
passed unanimously to appoint Steve Johnson to the Parks and Recreation Committee for
a term of four years.
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2.2.b Pathways Committee (1 vacancy)
Mayor O'Malley announced that due to the recent resignation of Committee Member
Richard Cassam,there were two vacancies on the Pathways Committee.
MOTION SECONDED AND CARRIED: Moved by Kerr, seconded by Warshawsky and
passed unanimously to appoint Anna Brunzell and Ann Duwe to the Pathways Committee
for terms of four years.
3. PLANNING COMMISSION REPORT
Planning Director Carl Cahill reported that the Planning Commission had met on
December 9, 2004 and considered and approved a request for a Final Map Certificate of
Correction and a request fora Conditional Use Permit renewal for an existing wireless
communications facility at the Town Hall Little League Fields at Purissima Road. The
Commission had also reviewed a proposal from the Emergency Communications
Committee for an emergency antenna tower at Town Hall. Cahill noted that staff had not
received any public comment prior to the Public Hearing, however, at the meeting several
residents expressed their concern with the antenna. The Commission continued the item
to a future meeting to permit the Emergency Communication Committee and the
residents time to resolve the issues with the proposal.
Mayor Pro Tem Kerr requested clarification on the process that was being initiated to
resolve the concerns of the neighboring residents. He noted that he had received several
emails regarding the proposed antenna.
Cahill explained that the Emergency Communications Committee and residents would
meet in an informal setting, similar to a work-study session to discuss the areas of
concern. He noted that the Public Hearing would be noticed and the Planning
Commission would have the final approval.
Cahill added that he had prepared a spreadsheet of Planning and Building Department
Active Projects List for the Council. It was available for Councilmembers in their boxes
on the dais. He reviewed the list with Council and noted that the number of projects was
proceeding at a traditionally normal activity pace. In the past two months, the
Department had received five (5) applications for new residences, numerous additions,
and miscellaneous projects. Cahill noted that in addition to the planning projects, the
Department is working on a variety of items including: the implementation plan for the
Town's 2002 Housing Element; the Pathways Map Environmental Review and
continuing the assessment of projects that were in the active stage in the Building
Department. Cahill noted that he believed there was a robust development picture in the
Town and staff was staying busy with all the projects. He reported that a new Assistant
Planner had been hired and is presently being versed on the Town's codes, policies and
procedures.
Mayor Pro Tem Kerr requested information on project item #36, the proposed wireless
communication tower at Town Hall. Cahill explained that the proposal would be
reviewed by the Planning Commission at their January meeting. The project calls for an
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antenna to be in the form of a functioning flag pole. Kerr asked if it would be possible
for the neighbors to be advised of the project. Cahill suggested that Cingular Wireless
could meet with the neighbors and discuss the project prior to the Public Hearings.
Councilmember Jones requested information on the average timing of a Fast Track
application and if the staffing level in the Planning Department was adequate to meet the
needs of the number of projects. Cahill reported that he believed the Department was
working at a good efficiency rate and was appropriately staffed to meet the needs of the
residents. He explained that Fast Track applications, on average, took three to four
months to process and be approved.
4. CONSENT CALENDAR
Items Removed: 4.3 (Kerr) and 4.4 (O'Malley)
MOTION SECONDED AND CARRIED: Moved by Jones, seconded by Warshawsky
and passed unanimously to approve the remainder of the Consent Calendar, specifically:
4.1 Approval of Minutes: Regular City Council Meeting December 2, 2004
4.2 Review of Disbursements: 11/20/2004— 12/6/2004 $173,541.62
4.5 Approval of Contractor Change Orders for New Town Hall Project—
Resolution# 85-04
• 4.6 Approval of Extra Work Authorization#2 from Duxbury Architects for the
New Town Hall Project Resolution#86-04
4.7 Approval of Additional Fees for Public Education Survey
4.8 Resolution Approving Joint Purchase of New Town Hall Furniture through
Local Agency Competitive Procurement Resolution 487-04
Items Removed:
4.3 Approval of Final Map, Malek Subdivision, Buena Vista Drive
Resolution 483-04
Mayor Pro Tem Kerr requested clarification on what was being done on the site. Acting
City Engineer Dave Ross explained that the subdivision improvements including street
work, paving, drainage and undergrounding were being built to meet the Final Map
requirements. Ross noted the road had been dedicated as a private street on the Tract
Map.
MOTION SECONDED AND CARRIED: Moved by Kerr, seconded by Warshawsky
and passed unanimously to adopt Resolution No. 83-04 approving the Final Subdivision
Map, Lands of Malek.
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4.4 Proposed Application and Resolution for Bay Area Air Quality Management
District Transportation Funds for Clean Air (TFCA) Solid Waste Collection
—Vehicles-Los Altos Garbage Company—Resolution #84-04
Mayor O'Malley explained that Los Altos Garbage Company General Manager John
Zirelli was present to answer any questions that Councilmembers would like to entertain
regarding this item. O'Malley explained that the Town was acting as a conduit to process
the grant application for LAGCo.
City Manager Cassingham concurred and explained that only public agencies were
permitted to apply for the funding. The request was for a grant of$42,000 to retrofit four
vehicles that were used by Los Altos Garbage Company to collect refuse within the Town
limits. This modification would result in lower emissions. Cassingham noted that there
would be some minimal administrative costs to the Town that would be recovered from
the application.
John Zirelli, General Manager-Los Altos Garbage Company, addressed Council. He
thanked them for their assistance with the application for funding from the Bay Area Air
Quality Management District Funds for Clean Air Solid Waste Collection Vehicles.
Zirelli explained that the proposal was for catalytic converters for the trucks that would
help to reduce NOx emissions.
Mayor Pro Tem Kerr questioned if there was any way for the company to reduce their
transportation fuel consumption to assist him in meeting his Green Initiative Goals for the
Town.
City Attorney Mattas explained that it would be appropriate for the Council to revisit
Mayor Pro Tem Kerr's question with Mr. Zirelli under the Green Initiative Goals at a
future meeting. Council concurred and directed staff to agendize the item for a future
meeting within the next two to four weeks to discuss the issue of fuel consumption with
LAGCo.
MOTION SECONDED AND CARRIED: Moved by Kerr, seconded by Jones and
passed unanimously to adopt Resolution No. 84-04 authorizing the submittal of an
application to the Bay Area Air Quality Management District for funds. to reduce
emissions from solid waste collection vehicles and authorizing the implementation of
same, if the application is approved by the Bay Area Air Quality Management District.
Staff was also directed to agendize at a future meeting discussion of fuel consumption
reduction of Los Altos Garbage Company waste collection vehicles that are used in the
Town.
5. UNFINISHED BUSINESS
5.1 Town Goals
5.1.1 Complete Town Hall On Time and On Budget
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5.1.1 a TBI Update
• Tony Vierra, TBI Construction Management, provided Council with a status report on the
new Town Hall project. He reported that the roof sheathing was almost complete and
work was scheduled to begin on the interior; the PG&E utilities design was complete; the
phone and cable design plan was expected in the near future; the landscape design had
been reviewed by the New Town Hall Committee at their last meeting and the final
design should be ready for the Committee's review at their January meeting and fiurniture
measurements would be taken as soon as the interior walls were framed. He expected the
Solar System plans to be approved by plan check in the immediate future. Vierra added
that he would be scheduling site visits for Councilmembers, New Town Hall Committee
Members, and staff. Vierra noted that the revised target for completion of the project was
March 28, 2005.
Mayor Pro Tem Kerr reported that the final design meeting"on the solar system had been
held prior to the Council meeting and the project looked good. He acknowledged that the
Audio-Visual Subcommittee had been investigating different audio and broadcast systems
for Council Chambers. Kerr noted that Landscape Architect Tom Klope had been directed
by the New Town Hall Committee to include water consumption numbers and design
alternatives for the Town Hall landscape design that would be presented at the next
Committee meeting.
Mayor O'Malley commended everyone for their efforts to hold the Town Hall project
budget in check.
• Councilmember Jones applauded the efforts of the Committee and Landscape,Architect
Tom Klope to work to design a landscape plan that embraced water conservation and
would be a model for Town residents.
OPENED PUBLIC COMMENT
Sandy Humphries, Environmental Design and Protection Committee, reported that the
Standing Committee had meet with Landscape Architect Tom Klope and offered
suggestions for "low and no water" landscaping for Town Hall. The Environmental
Design and Protection Committee's goal is to make the Town Hall landscaping
distinctive.
CLOSED PUBLIC COMMENT
5.1.2 Identify and Fund Underground Project
5.1.2a Consideration of Engineering Consultant Services for the
Purissima Road and Altamont Road Utility Rule 20A
Undergrounding Projects (continued from 12/2/04)
Councilmember Warshawsky introduced this item. He explained that the proposal before
Council from Mark Thomas & Company had been reviewed by the Undergrounding
• Subcommittee and they were confident that the final iteration of the proposal was ready
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for Council approval and would give Mark Thomas the direction to do what is necessary
to complete the pilot project and collect the reimbursement of the 20A funds.
Acting City Engineer Dave Ross noted that the agreement calls for him to maintain a
continual dialogue with PG&E during the project. Ross added that previous experience
with similar projects had shown that this was a key element in successful completion of a
project.
MOTION SECONDED AND CARRIED: Moved by Warshawsky, seconded by Jones
and passed unanimously to approve Resolution No. 88-04 authorizing Mark Thomas &
Company, Inc. to provide engineering consulting services for the Purissima Road and
Altamont Road Rule 20A Utility Undergrounding Project.
5.1.3 Complete Master Pathway Map
Councilmember Warshawsky reported on the status of the Pathways Map. The Pathways
Committee had met on December 6, 2004 to take public input and to finalize the last
quadrant of the map. Warshawsky, Councilmember Mordo and Pathways Committee
Chair Chris Vargas plan to meet in early January to discuss the final scheduling of the
map reviews and the goal is to complete the map update in March 2005.
OPENED PUBLIC COMMENT
Dot Schreiner, Saddle Mountain Drive, reminded Council that the map.being discussed
• was a conceptual map. She suggested that it would not be a complete map without
including the desired on road paths and private road paths. Schreiner explained that
adding this information would not require numerous hearings but would be more of a
clerical task. The Pathway Element of the Town's General Plan would be the source
material for the additional paths.
Mayor O'Malley expressed his opinion that it could possibly be a more time consuming
task that Schreiner believed and suggested it would be appropriate to complete the work
in progress and keep the task manageable.
CLOSED PUBLIC COMMENT
5.2 Estimate of Attorney's Fees and Staff Charges for Site Development Permit
for 106-Foot Amateur Radio Antenna and Support Structure; Lands of
Abraham; 13193 Viscaino Road; File#177-04-ZP-SD
Planning Director Cahill reported that the Town had received a request from the applicant
to continue the item to the next meeting. Council concurred.
6. NEW BUSINESS
6.1 Presentation of Town Geologic Hazards Map-Cotton, Shires and Associates
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Acting City Engineer Dave Ross introduced this item to Council. He explained that the
firm of Cotton, Shires and Associates had served as the Town's Geologists for
approximately thirty years and were present to make a presentation of the new Town
Geologic Hazards Map that would replace the 1978 Geotechnical Map that was currently
being used by staff for project reviews. Ross added that the map revision project had
been funded by fees collected by the Building Department and the map update was a
requirement of the State as an adjunct to the Los Altos Hills General Plan's Safety
Element.
Ted Sayres, Cotton, Shires and Associates, addressed Council. He explained that the new
map replaces the 1978 Geotechnical Hazards Map and included a large number of
changes and additions to the fault trace alignments based on completed site-specific fault
investigations completed since 1978. Sayres added that the 1978 map was not very user
friendly. The new map is in digital format, could be imported into AutoCAD and GIS
and had the capability of being added to the Town's website as a reference for residents.
Sayres presented'a brief PowerPoint presentation that illustrated the differences between
the 1978 Map and the updated Hazards Map and updated Hazards Zones. He noted that
the map included all known information on the faults throughout the Town. Sayres
presentation included slides of damage that had occurred to residential property and Town
infrastructure during the Loma Prieta Quake; earthquake fault evidence that had been
exposed during residential building projects; earth flow and debris flow activity west of
Interstate 280; and landslides. Sayres concluded his presentation by summarizing the
geotechnical hazards and constraints that exist in Town that had been identified by a peer
review process during subdivision and residential building reviews They included Debris
Flows (Chaparral Way, Quarry Hills Estates, Moody Road, Olive Tree Lane), Deep
Landsliding (Natoma Road, Arastradero Road, La Paloma Road, Edgerton Road), Active
Faults (Magdalenda Road, Prospect Avenue, Altamont Road, Taaffee Road) and
Expansive Soil Damage (La Loma Drive, Burke Road,Anacapa Drive, Beaver Lane).
Council thanked Mr. Sayres for his presentation.
6.2 Proposed TeleMinder Automated Emergency Alerting System
City Manager Maureen Cassingham introduced this item. Council had before them a
request from staff for Council consideration of a one-year pilot project to evaluate the
Town's participation in the City of Los Altos TeleMinder Automated Emergency Alerting
System at a cost not to exceed $5,000. Cassingham explained that the TeleMinder
System was acquired by the City of Los Altos as a Beta on a grant basis. The Town's
cost would include its share of maintenance and software costs, training expenditures and
the installation of additional phone lines. The purpose of TeleMinder is to provide a
telephone notification system to alert residents within a designated geographic area that
might be exposed to an emergency. The City of Los Altos had activated the program to
alert residents to a mountain lion sighting, a gas leak and an attempted rape. Cassingham
added that only authorized trained staff with the use of a password would be able to
activate the system and create the message that would be sent to residents in the identified
geographic area.
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Councilmember Jones requested clarification on how the system would be coordinated
with the Sheriff s Department. Cassingham explained that the Town proposes to develop
• a protocol for the Department's use of TeleMinder during non-business hours that would
be accessed through a password and most likely coordinated by Chief Hirawaka.
Mayor O'Malley noted that Owen Halliday, Los Altos Hills County Fire District Board
President, had contacted him and expressed interest in potentially using the system for
emergency notification of Town residents of fires. Mayor O'Malley questioned if there
would be any unforeseen reason or additional costs in the future if the Town chose to
acquire their own system. Cassingham responded that she believed the Town would most
likely always be a co-participant in the program with the City of Los Altos at a pro rated
cost and the future cost should remain in this range.
MOTION SECONDED AND CARRIED: Moved by Warshawsky, seconded by Kerr and
passed unanimously to approve a one-year "Pilot Project" to evaluate the Town's
participation in the City of Los Altos TeleMinder Automated Emergency Alerting System
at a cost not to exceed $5,000.
6.3 An Agreement in Concept between the Town of Los Altos Hills, City of Los
Altos and the Santa Clara Valley Water District for Noise.Mitigation North of
the West Edith Avenue Bridge as Part of the Adobe Creek Reach 5
Restoration Project
Acting City Engineer Dave Ross introduced this item to Council. Ross explained that
one of the property owners next to the Adobe Reach 5 project had requested noise
mitigation work be performed along their property before they donate the permitted
easement that is needed for the project. Council had before them a request for approval
of an agreement in concept between the Town of Los Altos Hills, City of Los Altos, and
Santa Clara Valley Water District that would equally fund the noise mitigation work. The
Town's share of the proposed work would not exceed $10,000 and would be conditioned
on the resident donating the easement. Ross noted that this was substantially less than the
value of the donated easement.
OPENED PUBLIC COMMENT
Jitze Couperus, Adobe Creek Collaborative, provided the Council with a brief history of
the Adobe Creek Reach 5 project. He explained that most of the difficult easements had
been acquired but Santa Clara Valley Water District would not move forward on the
project without this easement. Couperus noted that the costs for the noise mitigation
would be divided amongst the three agencies that built Edith Bridge. He added that there
had been an informal agreement between the agencies that the noise pollution problems
created by the Bridge would be addressed in the future. The agreement was never put
into writing and now the homeowner is seeking to have the problem rectified. Couperus
added that the cost is minimal in comparison to the overall cost of the creek restoration
proj ect.
CLOSED PUBLIC COMMENT
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MOTION SECONDED AND CARRIED: Moved by Kerr, seconded by Warshawsky and
• passed unanimously to approve in concept an agreement between the Town of Los Altos
Hills, City of Los Altos and Santa Clara Valley Water District to equally fund noise
mitigation work as part of the Adobe Creek Reach 5 Restoration Project.
7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
Councilmember Jones reported that he had attended the Santa Clara County Cities
Association Holiday Parry which had been an opportunity for him to meet fellow
representatives and review the upcoming agenda. He was looking forward to serving as
the Town's representative to the Association.
Councilmember Jones announced that he and Councilmember Mordo would be attending
the League of California Cities Conference in January for Elected Officials. He was
looking forward to the Conference sessions that included Brown Act orientation; best
practices discussions and a variety of other sessions on key issues with local governments
and elected officials. He hoped attendance at the Conference would become a tradition
with the Town for all newly elected Councilmembers.
Mayor Pro Tem Kerr reported that he had been discussing the situation at Foothill
College and El Monte with various committees at the VTA. Council would be reviewing
the issue as agenda item 9.1.
Councilmember Mordo reported that he had attended the Library JPA Board meeting and
the Board had voted to hold a Special Election in May for a new parcel tax to replace the
parcel tax that will expire. The cost of the Special Election would be approximately $2
million dollars. Mordo explained that if the new parcel tax were not passed before
August 2005, Santa Clara County Libraries would lose $5.4 million in funding. Mordo
added that, if approved,the parcel tax would barely recover lost library services.
Councilmember Mordo reported on the final disposition of the Whipple Estate. It had
been determined that the Friends of Los Altos Library would receive $1.6 million and the
remaining funds in the estate would go to the Santa Clara County Library to be
maintained in a special account to be used exclusively for the Los Altos Library. These
Rinds are not meant to replace the normal allocations.
Mayor O'Malley reported that he had met with the City Manager and City Engineer to
discuss sewer issues. O'Malley will now schedule a meeting with the City of Los Altos
for further discussions on the subject.
8. STAFF REPORTS
8.1 City Manager
8.1.1 Acquisition/Use of AED's
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City Manager Cassingham reported that Town staff and interested citizens had
participated in CPR training, a prerequisite for the additional training they received for
• use of the Automated External Defibrillator (AED)'s recently purchased by the Town.
Cassingham noted that the units would be available in the multi-purpose meeting room
and administrative office. She displayed one of the AED's and explained that they were
very easy to use with easy to follow picture instructions.
Cassingham reported that, on behalf of the Town, she had attended the initial meeting of
the Countywide Task Force for the Elimination of Homelessness in Santa Clara County
meeting. The group had scheduled five to six more meetings over the course of the next
several months to develop a proposed ten-year plan to eradicate Homelessness in the
County. The meeting was well attended and participants included elected local officials,
representatives from County agencies, staff from local cities, and Congressperson Zoe
Lofgren.
8.2 City Attorney
8.3 City Clerk
8.3.1 Report on Council Correspondence
The City Clerk explained that due to a copier malfunction, Council Correspondence had
not been provided in the Council agenda packet. Copies of the Correspondence were
available in the Councilmembers boxes on the dais.
• 9. COUNCIL-INITIATED ITEMS
9.1 Pathways Safety issue at Foothill College-El Monte Corridor-Mayor Pro Tem
Kerr
Councilmember Kerr explained that he had requested this item be agendized for
discussion. He noted that Pathways Committee members had brought to his attention that
the Pathway at Foothill College had been disturbed when the College reconfigured their
parking lot. In addition to the pathway, Kerr believed there were a number of additional
safety issues in the Foothill College-El Monte Corridor that needed to be addressed. He
suggested that a master plan for the area be developed that related to pedestrian, bike and
equestrian safety issues. Kerr explained that the College had assigned a staff person to
work with the Town on the issues and he had spoken to the VTA and they had expressed
a willingness to support the Town's efforts to use the funding in the Hills that had been
slated for a project for the City of Los Altos that the City had decided not to move
forward on as it falls within the policy of regional equity funding. Kerr suggested that in
light of the described factors, he believed it would be appropriate for the Town to move
forward with the development of a master plan and policy for safety issues in the corridor.
Acting City Engineer Ross reported that he believed the master plan could be done in-
house and explained that preliminary work had been started on the study when the Town
submitted its grant request to the VTA for improvements in the area last year. He was .
submitting recently acquired information relating to accidents in this area to Cal-Trans
and the VTA and believed that funds for a traffic study might be available. This would
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be the first step to a master plan. Ross added that he had met with the representative from
Foothill College today and they have excellent, up to date maps of the corridor and have
offered electronic copies of the maps to the Town.
Mayor Pro Tem Kerr recommended that Council consider directing staff to move forward
with the Master Plan as the initial step to securing funding for safety improvements in the
corridor.
Council concurred.
City Manager Cassingham offered that staff was currently moving forward with study.
10. PRESENTATIONS FROM THE FLOOR
Cyrous Gheyri, Elena Road, requested additional time for his oral presentation to Council
regarding his two parcels at 27400 and 27360 Elena Road. The Mayor agreed to his
request. Gheryi distributed to Council two letters that he had written. He reviewed his
building project with Council and sited his concerns for safety with existing soil and
drainage problems that he attributed to work done by the Town. Gheryi offered that he
could not sell his land with the existing conditions. He added that Town staff has refused
to meet with him.
Mayor O'Malley explained that the Town staff had assured the Council that every effort
had been made to work with Gheryi to expedite his permits and assist him to final his
project. O'Malley offered that the Town had done everything that it could reasonably do
to assist Gheryi and suggested that he move forward with what ever action he deemed
appropriate.
Rodney Robinson, Via Arline, expressed his interest in revitalizing the soccer playing
fields at the Bullis School site. He offered his services to lead the effort.
Council requested that this item be agendized for further discussion at the January 6,
2005 City Council meeting and invited Mr. Robinson to attend to further discuss his
proposal.
Maury Johnson, Purissima Hills Water District Director, informed the Council that the
District had recently signed the lease agreements between the Town and the District for
their facilities site and the antenna. He added that the District was preparing their
architectural plans for their new facilities and they will be forwarded to the Planning
Commission for their review in approximately a month.
Mayor Pro Tem Kerr asked Johnson if the District would be willing to work with the
Town to activate their test water well for landscaping purposes. Johnson commented that
he would advise the Directors of the Town's interest in pursuing cooperative use of the
well.
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11. PUBLIC HEARINGS
• None
12. ADJOURNMENT
MOTION SECONDED AND CARRIED: Moved by Kerr, seconded by Warshawsky and
passed unanimously to adjourn the December 16, 2004 Regular City Council Meeting at
8:05 p.m.
Respectfully submitted,
Karen Jost
City Clerk
The minutes of the December 16, 2004 Regular City Council Meeting were approved as
presented at the January 6, 2005 Regular City Council Meeting.
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