HomeMy WebLinkAbout09/20/2001 Minutes of a Regular Meeting
September 20, 2001
Town of Los Altos Hills
City Council Regular Meeting
Thursday, September 20, 2001, 6:00 P.M.
Council Chambers, 26379 Fremont Road
The start of the meeting was delayed in order to observe President Bush's address to
Congress.
1. CALL TO ORDER, ROLL CALL AND PLEDGE OF ALLEGIANCE
Mayor Casey called the Regular Meeting of the City Council to order at 6:45 p.m. in
the Council Chambers at Town Hall.
Present: Mayor CaseY and Councilmembers Cheng, Fenwick, Finn and.
O'Malley
Absent: None
Staff: City Manager Maureen Cassingham, City Attorney Sandy Sloan,
Town Engineer Mintze Cheng, Planning Director Carl Cahill
and Public Works Manager Jim Rasp
2. APPOINTMENTS AND PRESENTATIONS
2.1 MOMENT OF SILENCE: A silent moment of prayer
A moment of silence was held following the lighting of candles. This was followed by
the singing of"America the Beautiful."
2.2 Proclamation in Support of The President of the United States regarding the
September 11, 2001 attack on the United States
Casey read the proclamation that will be sent to the President.
3. PLANNING COMMISSION REPORT
The Planning Director presented the Planning Commission Report noting a fence
variance was denied due to being unable to make the findings for approval. Another
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September 20, 2001
1 Regular Meeting
action was discussion of the Town's height and setback regulations and a meeting with
architects in Town to
et their ideas on how the Town might promote architectural
g g
diversity while maintaining its height and setback regulations. Diagrams would be put
together to explain how some of the regulations allowed further architectural diversity.
Casey said she spoke to two of.the Planning Commissioners regarding the fence
variance, and she appealed the decision to the Council. She concurred with the
appropriateness of the Planning Commission decision but felt there were policy issues
involved that the Council should look at.
4. CONSENT CALENDAR
The City Manager moved Item 6.1, Approval of the revised Joint Powers Agreement
for Library Services to the Consent Calendar as Item 4.5. She added Item 4.6, an
urgency item, a resolution to approve the design and construction of the Ravensbury
Avenue Pathway Project.
The consensus of the Council was to add items 4.5 and 4.6 to the Consent Calendar.
Fenwick pulled item 4.2 from the Consent Calendar. He noted that on page 1, the
second paragraph should say "the purchase was not made." The City Manager said
that was correct.
MOTION SECONDED AND CARRIED: Moved by Fenwick, seconded by O'Malley
and passed unanimously by all members present to approve Consent Calendar Item
4.2, approval of aerial truck purchase.
MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Cheng and
passed unanimously by all members present to approve the balance of the Consent
Calendar, specifically:
4.1 Fast Track Application approved by the Planning Director: Lands of
Westra, 10574 Blandor Way; site development permit for a new residence
4.3 Accepted grant of Conservation Easement; Lands of Beyer, 26030 Elena
Road, Reso #61-01_
4.4 Accepted dedication of Right-Of-Way, Lands of Kizhepat, 24201 Hillview
Road--Reso #
4.5 Approved the revised Joint Powers Agreement for Library Services—
Reso #63-01
September 20, 2001
2 Regular Meeting
4.5 Approved the Application for Grant Funds for the Non-Motorized Trails
Program Under the Safe Neighborhood Parks, Clean Water, Clean Air, and
Coastal Protection Bond Act of 2000 for the Ravensbury Avenue Path
Project Reso #64-01
5. UNFINISHED BUSINESS
5.1. Approval of financial contribution for the Housing Trust of Santa Clara
County
The Planning Director reviewed the report from the Housing Trust of Santa Clara
County that listed amounts of contributions received from other cities.
Casey explained that the Town was asked to make a contribution to the Housing Trust
of Santa Clara County, a nonprofit agency trying to raise money to help the critical
housing shortage in Santa Clara County. She recommended giving $5,000 to the
Trust. O'Malley suggested the Town contribute $10,000.
MOTION SECONDED AND CARRIED: Moved by O'Malley, seconded by Fenwick
and passed unanimously by all members present to approve a contribution of$10,000
to the Housing Trust of Santa Clara County.
5.2 Award of contract for Engineering Consulting Services—Reso
• The Town Engineer presented the staff report explaining that a request for proposals
was sent out and four responses were received. Staff recommends the Council approve
and authorize a Professional Engineering Consultant Agreement with Mark Thomas &
Company.
Finn asked if the agreement would replace the agreement with Wilsey Ham. The
Town Engineer said that would occur eventually. Finn asked why a change in
consultants was being made. The Town Engineer said all the firms were able to do the
work, but Mark Thomas provided more variety in staff.
Casey said a complaint she frequently heard from residents was that they had a
difficult time contacting the former,consultant. She asked whether Mark Thomas
would provide better customer service.
Dave Ross, Mark Thomas & Company, said he wore a pager and anyone could get in
touch with him at any time.
MOTION SECONDED AND CARRIED: Motion by Fenwick, seconded by O'Malley
and passed unanimously to adopt Resolution #65-01 approving and authorizing a
Professional Engineering Consultant Services Agreement with Mark Thomas &
Company for the Town.
September 20, 2001
3 Regular Meeting
5.3 Update on Mayor's Goals
Casey reviewed the status of the goals and objectives for 2001-2002. The first item
was to break ground for a new Town Hall funded by resident donations. She and
Fenwick met with the architect who completed the assessment on what the space
design should be. A detailed document should be received within the next two weeks.
A vote from the Council to approve the space design concept is expected on October
18. The second goal is to complete the building and planning fee study and revise fees
in accordance with State law. The City Manager said she met with the project
consultant at the first in a series of meetings that would be several iterations of the fee
analysis. The plan was to get this item back to the Council within 90 days. The third
goal is to implement a Resident Customer Satisfaction Survey program.The Planning
Director said a report would be before the Council in October at which time the
Council would be presented with the survey cards that had been returned to the town.
The fourth goal is to complete an analysis of all town codes, policies, and ordinances
for consistency, relevance, and conformance with the General Plan. A subcommittee
has been working on this, and a report would be given later on the agenda. The fifth
goal is to have broadband internet access available to all residents. Casey said this was
discussed at the last meeting with PacBell. The Town should have DSL by February.
An update will be presented at the October 18 Council meeting. The sixth goal is to
adopt and implement a town pathway policy which includes a specific five-year
program for the new construction of alongside the road paths and a plan which
improves the maintenance and materials of current town pathways. Casey set up a
• meeting with the Pathway Committee for the next Monday night to discuss their input
on what can be done to get the five-year program developed. The seventh goal is to
complete the review of setbacks and height limits and revise the ordinances
accordingly. Casey said the purpose of the goal is to look at increasing setback for
larger homes and look at heights in terms of architectural integrity. Cahill said the
Planning Commission met on this subject the prior week. Input was received from
architects. Recommendations should be forwarded to the Council from the Planning
Commission within the next 60 days. The eighth goal is to continue to explore
alternatives to underground all utilities in the town. Casey said two issues needed to be
resolved before moving forward: one is an agreement with PG&E and whether or not
the Town can form an assessment district to allow each resident, if they chose, to pay
the money when their homes were sold. The City Attorney said answers would be
available on October 18. The ninth goal is to adopt a plan for the highest and best use
of town property for all town residents. Casey said various town committees looked at
the parcels, and they are in the process of making recommendations to the Council.
The City Manager said the town would proceed with title reports on the various
properties. The last goal is to approve a five-year capital spending budget to assure the
infrastructure of the town is sound. Casey said this has been done.
Sid Hubbard, 25228 La Loma Drive, referred to the ninth goal and asked about the
money that would be spent on the title reports. He said he could not understand why
the Town would spend money on title reports unless it had a specific purpose in mind
for the properties.
September 20, 2001
4 Regular Meeting
B. O. Pfeffer, 26089 Todd Lane, asked whether the Council made provisions to
exempt people who already bought and paid for underground utilities. Casey said the
details of an assessment district had not been worked out.
5.4 Town-owned Lands: reports back from Committees
Casey understood from Rebecca Hickman of the Parks and Recreation Committee that
additional time was requested to get further information. This item was continued to
the next meeting.
5.5 Report on private/public road issue including requests that Almaden Court
and Laurel Lane be named public roads
The Public Works Manager said the issue of public versus private roads came before
the Council several times in the past four or five years. The Council had asked staff to
come back with a report on the cost of accepting all the private streets and public
streets. There are 286 streets, of which 127 are private streets. Staff believes the cost is
approximately $24.5 million. Staff recommends the Council continue the policy of
maintaining private streets as private unless they are brought up to current Town
standards.
Fenwick asked whether any one had come forward with a private street and met the
requirements to become public. The Public Works Manager said that had not occurred
• in the four years he worked for the town. Casey said some streets came before the
Town with documentation that they were actually public streets. The Public Works
Manager said the Council accepted some private streets as public, under special
circumstances. It did not appear to staff the two streets met the criteria.
Finn noted that the Council looked at Almaden Court approximately 18 months ago
and asked if anything had changed. The Public Works Manager said nothing changed.
Morey Johnson, 26443 Westin Road, said he was instrumental in putting in some of
the first streets in the town. The first road he built was Westin Road which.was put
into public road standards. Half of the streets in the Town were built to private road
standards. If a street was built to public standards, it should be considered public. He
urged the Council to look at all the public roads and separate public roads from real
private roads.
Joan Cunneen 26666 Laurel Lane, said Laurel Lane looked like a public road. Her
neighbor's street sign fell down three years ago, and when the neighbor went to the
Town to get a new sign, she was informed the street was private. The residents
assumed the road was public. She agreed that roads that were built to public standards
should be considered public.
September 20, 2001
5 Regular Meeting
B. O. Pfeffer, 26089 Todd Lane, said he researched Council minutes when the property
was accepted. The map was approved by the City Engineer and City Council, but the
City Clerk had written that it was not accepted. There was nothing in the Council
record that indicated the road was private. He questioned why the road was dug up for
sewers if it was a private road.
Marilyn Chung, 26646 Laurel Lane, said research on the history of the road showed
that when the road was built in the 1960s, it met public standards.
Sid Hubbard, 25228 La Loma Drive, said there needs to be a fair and consistent policy.
If a road is brought up to current standards and offered to the Town,that would be fair.
Greg McCandless, 26777 Almaden Court, referred to a letter that was included in the
Council packet, which indicated that on July 1, 1987, a staff report to the Council
listed approximately 20 streets that were offered for dedication at the time of
subdivision. Staff stated there was no logical reason that the streets were rejected and
suggested it might have been due to Town error. Almaden Court was one of the streets
that was rejected with no reason given. He believed the streets should have been
accepted at the time as public streets.
The Public Works Manager said staff would have to look at the conditions of approval
of the subdivision.
• Morey Johnso, 26443 Westin Road, said Mr. Rasp should separate the private streets
from the public streets. He said in a conversation with Mr. Rasp, Mr. Rasp decided that
all the cul-de-sacs in Town were private streets,to which he disagreed.
Sandy Sloan said Mr. McCandless requested an opinion as to whether the Council
directed the City Attorney to prepare documentation to accept certain streets that were
dedicated but not accepted. Mr. McCandless wants to know the legal consequences.
She said if the Council directed the Attorney to draft documents but for some reason
they were not brought back to the Council,then the action did not take place.
The Public Works Manager responding to Mr. Johnson's comments about cul-de-sacs,
said he meant to say that most private streets were cul-de-sacs.
Cheng suggested that there are many people on private roads who do not want their
roads to be public.
Finn said the Town would never be able to afford to maintain all the streets in Town.
Streets were currently maintained with gas taxes.
Dot Shriner 14301 Saddle Mountain, said when she researched the pathways
easements several years ago, subdivision,tentative, and parcel maps were looked at.
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Regular Meeting
There was a period of time where each map included a legend that the streets were
• dedicated but not accepted. It appeared that the Council at some point said it would not
accept the roads. The reason she heard was that the Town could not afford to maintain
the roads.
Sandy Sloan said it appeared to be common in the 1960s and 1970s for the Town to
acknowledge offers of dedication but chose to reject the streets.
No action taken. The existing policy was confirmed by the Council.
6. NEW BUSINESS
6.1 Ordinance amendment concerning FEMA
The Town Engineer presented the staff report and explained that the Town has to adopt
the most current flood plan management practice procedure into the ordinance. The
new ordinance would simplify the process for development improvement in the 100-
year flood zone area. The new ordinance also provided for a variance process. Staff
recommends the Council introduce the ordinance amending the Town's Public Works
Code with regard to the Flood Damage Prevention (Section 7-5) and renaming it as
Floodplain Management.
MOTION SECONDED AND CARRIED: Moved by Fenwick, seconded by O'Malley
• and passed unanimously by all members present to introduce the ordinance.
7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
Casey mentioned a program through the Santa Clara Valley Water District where
District representatives made house calls to teach homeowners how to save water.
Cheng said the Parks and Recreation Committee was preparing`new programs for
children for the following summer and were preparing a holiday program.
Fenwick reported attending a meeting of the Santa Clara Valley Water District's
Northwest Control Zone Advisory Committee. The Committee described new
development runoff control requirements that might eventually apply to the Town. He
said he asked the Planning Director what kind of additional work would be required
because of the regulations.
The Planning Director said he attended a seminar offered by the Santa Clara Valley
Water District on the NPDES regulations. The Town was subject to a permit issued by
the State Regional Board, and the permit would determine what was discharged
through the storm water system into creeks. The Town is in a good position to comply
with the regulations.
September 20, 2001
7 Regular Meeting
7.1 Municipal Code &Policy Review Committee
Evan Wythe, Chairman, said the Committee was not making recommendations on
what the code should be but sought suggestions for wording that was unclear. The
Committee reviewed Design Guidelines and came up with a list of recommendations.
The Committee said the Town needs to decide what Town documents are going to be
used by the Council, Planning Commission and other committees that work on
regulations and establish core regulations. The Committee recommended that as the
Council conducted its work,,that regulations be made firm and moved into the
Municipal Code and also that ambiguous and subjective recommendations be replaced
with un-ambiguous regulations. The Committee recommended that the Design
Guidelines be set aside in order to create new guidelines that followed the Municipal
Code and are more understandable. He addressed specific recommendations from
documents reviewed relating to Design Guidelines; Site Development Policy
Statement; Development Area and Tennis/Sports Courts, Driveways, and Impervious
Surfaces Policy; Exterior Colors or Structures and Fences Policy; Grading Policy; and
Lighting Policy.
The Planning Director said the Design Review Guidelines were intended to be a
service to residents. He agreed that there are code sections cited that might not apply to
the principle. Setting aside the guidelines would not create a problem for the Planning
• Department. He recommended keeping the grading; development area and
tennis/sports courts, driveways, and impervious surfaces policy; grading policy; and
lighting policy as they provide staff with benchmarks.
Casey suggested the Council approve the unanimous recommendations of the
Committee. She would like staff to review the recommendations for clarity and come
back on October 18.
The City Attorney said she and the Planning Director thought the Design Guidelines
were adopted by resolution. Her preference was to bring a resolution back to the
Council which says the Design Guidelines are set aside.
O'Malley asked for input from the Planning Commission before setting aside the
Design Guidelines to hear whether the Planning Commission finds the document
critical.
PASSED BY CONSENSUS: To direct the staff to send the recommendations back to
staff who will come back with a plan.
Ginger Summit. 13390 Lenox Way, applauded the Committee's efforts, but was
concerned about setting aside the Design Guidelines while waiting for something to
take its place.
September 20, 2001
8 Regular Meeting
Dot Schreiner, 14301 Saddle Mountain Drive, said the General Plan was being
overlooked. She said the intent of the Design Guidelines was to give the residents a
simpler tool to tell them how to develop their property. The residents need to be
provided with something in an easily understood form.
8. STAFF REPORTS
8.1 City Manager
The City Manager reminded the Council that the Town offices would be closed on
Friday, September 28 for the purposes of staff training at Foothill College. The term
of the Solid Waste Contract with LAGCO expires September 30, 2003. Staff is in the
process of looking at the solid waste reserve which must be used for solid waste
purposes only. Staff will go back into the operating budget to see which charges are
appropriate and eligible for it to be underwritten by the reserve. Additional information
will be brought back to the Council.
8.2 City Attorney
8.3 City Clerk
9. COUNCIL-INITIATED ITEMS
9.1 Notification of Residents-Request for Residents E-Mail Addresses and Fax
• Numbers for Rapid Communication(Mayor Casey)
Casey asked the City Manager to draft a letter from the Council which requests e-mails
and faxes for rapid communication. The letter could include a post card for residents to
respond or they could reply by e-mail. The City Manager said this would be strictly
voluntary on the part of the residents.
PASSED BY CONSENSUS: To direct the City Manager to draft a letter from the
Council to the residents requesting e-mail and fax numbers.
9.2 Discussion of requiring bicyclists in Los Altos Hills to ride single file
(Mayor Casey)
Casey said bicyclists were creating a safety hazard in Town. The City Attorney said
she discussed this with the Sheriff and they are unsure if anything can be done.
Frank Lloyd, 12824 Brendel Drive, said another problem with bicyclists was that they
do not stop at stop signs. The solution was to ask the Sheriff to wait at stop signs and
ticket bicyclists who do not stop.
PASSED BY CONSENSUS: To direct the City Attorney to bring back what is the law
regarding riding single file and what the Town can do to enforce the law or adopt a
• law.
September 20, 2001
9 Regular Meeting
Ernest Soloman, 27500 Elena Road, said he rides with a group of riders who try to fall
into single file when a car is coming. Bicycling is a social exercise, which was why
riders traveled two abreast. He suggested contacting groups that ride, such as Western
Wheelers and Almaden Touring and Cycling Club, and let them know of the Town's
concerns.
9.3 Discussion to amend the Pathway Element of the General Plan to request
off-road pathways as voluntary easements from residents
Casey provided background information and said the Master Pathway Plan needed to
be completed. The Council needs information such as the General Pathway Plan
element and minutes from the November 5, 1997 meeting in order to complete the
Pathway Element. No action would be taken at this evening's meeting. Residents were
encouraged to attend the Pathway Committee meeting on Monday night.
John Metcalf, 12933 Tripoly Court, said there was much ambiguity in the way the
agenda item was written. He would like to see the agenda more explicit with time
guides to let people know when certain items will be heard.
Jane Kowasaki, 27076 Fremont Road, supported pathways and asked whether the
agenda could be given time slots so residents knew when items were to be discussed.
• Sid Hubbard, 25228 La Loma Drive, asked the Council to clarify what the Council was
addressing on this item. He said there is a Master Pathway System which needs to be
worked on.
Peter Evans, 25259 La Loma Drive, said the pathway system was a valuable asset
because of the off road links, and any type of voluntary linear public right of way could
not be built on.
Nobuko Cleary, 26410 Silent Hills Lane, said pathways were important in the event of
unexpected occurrences for passage.
Carew McFall, 25600 Lanne Court, said he did not have pathways on his property, but
thought pathways were wonderful for people to walk on or ride horses on.
Scott Vanderlip, 13851 Fremont Pines Lane, said he was disappointed to see the issue
of pathways brought up during difficult times. Changing the ordinance could divide the
Town and lead to elimination of existing pathways.
Carol Gottleib, 24290 Summerhill Avenue, agreed that the Town had a unique
pathway system. The pathway system was visioned as a place for people to walk and
for a way to bring the town together.
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September 20, 2001
10 Regular Meeting
Nick Dunkle, 12971 Cortez Lane, said the trails were a great privilege to walk.
John Dukes, 27783 Lupin Road, said the Pathway Committee worked hard and came
across many obstacles.
Donni Hubbard, 25228 La Loma Drive, was concerned about this item being on the
agenda at this time. The residents place a great value on the pathway system.
9.4 Discussion of Merger of Safety and Utility and Information Systems
Committees (Mayor Casey)
Casey said there were currently two committees that dealt with safety, and she felt it
made sense to merge the Safety and the Utility and Information Systems Committees.
Fenwick said both committees reached crossroads. He felt there was a connection
between safety and information which could work together as one committee.
O'Malley agreed that the committees could be combined.
The consensus of the Council was to send the idea of combining committees to each of
the committees for their input.
Tom Turner, 14425 Liddicoat Drive, Safety Committee Chair, said the Committee
spent almost two years working on a proposal to work on an emergency program,
which was then rejected by the Council. The Committee was hesitant about what the
Council might accept.
10. PRESENTATIONS FROM THE FLOOR
Nancy Ewald, 26131 Altadena Drive, Co-Chair of Pathway Committee, read a portion
of a letter into the record that she sent to the Council. She supports off road and on
road paths.
Jan Fenwick, 28011 Elena Road, said the Council proposed two wonderful forward-
looking projects: A new city hall and undergrounding utilities. Both projects would
bring the Town together. She pleaded with the Council to not proceed with the
voluntary off road pathway plan because it would tear the community apart.
John Dukes, 27783 Lupin Road,urged the Council not to destroy the pathway system.
Jim Steiner, 14195 Wild Plum Lane, asked whether the pathway discussion was going
to be on the agenda tonight.
Casey said the Council would discuss the process on how to proceed. A public hearing
would be held at a later date at which time the public would be invited to speak.
September 20, 2001
11 Regular Meeting
• Scott Vanderlip, 13851 Fremont Pines Lane, invited all the Council members to join in
the "International Walk to School Day" on October 2, 2001. He presented a T-shirt to
the Mayor.
Donni Hubbard, 25228 La Loma Drive, spoke about freedom of speech and the short
notice of the pathway item. She presented two letters from residents who were unable
to attend the meeting.
11. PUBLIC HEARINGS
11.1 Approval of the five-year Capital Improvement Plan and Adoption of a
proposed Capital Improvement Budget for FY 01-02 — FY 05-06 — Reso
The City Manager said the recommendation before the Council was to adopt the
Resolution approving the Town of Los Altos Hills Five-Year Capital Improvement
Program. She was advised by the Finance Chairman of an amendment on page 4:
Under Drainage Projects, Storm Drain Master Plan Project, the amount of $200,000
should be included under FY 2001-02. The total would change from $800,000 to
$1,000,000.
O'Malley said the proposed revenues for the following year were approximately $4.9
million, and the proposed expenditures by department were $3.9 million. The Capital
Appropriations were just over $2 million. He asked whether the Council would go into
the General Fund by$1 million to $1.5 million.
Frank Lloyd, 12824 Brendel Drive, Chairman of the Finance Committee, said the
Town has sufficient funds. He referred to an exhibit that was a summary of the money
that would be available in reserve at the end of each year. At the end of the year 2006,
the Town would have $8 million. That did not include the city paying for a new city
hall.
Casey opened the public hearing. There were no comments from the public, and the
public hearing was closed.
Motion by O'Malley/Cheng to adopt Resolution #66-01approving the Town of Los
Altos Hills Five-Year Capital Improvement Program, including the addition of the
$200,000 amount for Storm Drain Master Plan Projects.
11.2 Introduction of Ordinance regarding regular City Council Meetings
(changing the time of Presentations from the Floor and Public Hearings
from 7:00 p.m. to 6:30 p.m.) (FIRST READING)
Casey said the purpose of the ordinance was to give the Council, staff, and members of
the public more flexibility to get through the meetings.
12 September 20, 2001
Regular Meeting
• City Attorney Sloan said she made two additional amendments to the ordinance: The
current ordinance said "if Town Hall is unsafe or if there is an emergency, the Mayor
can set a different place to meet or if he should fail to act, four Council Members could
make the decision." She changed the "he" to "the Mayor" and changed "four members
of Council"to "three."
Casey opened the public hearing. There were no comments from the public, and the
public hearing was closed.
MOTION SECONDED AND CARRIED: Moved by Finn, seconded by O'Malley and
passed unanimously by all members present to introduce the Ordinance regarding
regular City Council Meetings (changing the time of Presentations from the Floor and
Public Hearings from 7:00 p.m. to 6:30 p.m..
12. CLOSED SESSION: PERSONNEL: PURSUANT TO GOVERNMENT
CODE SECTION 54957: PUBLIC EMPLOYEE PERFORMANCE
EVALUATION: City Manager
13. ADJOURNMENT
MOTION SECONDED AND CARRIED: Moved by Fenwick, seconded by O'Malley
and passed unanimous) b all members resent to adjourn the meeting at 10:55 .m.
• p Y Y p J g p
Respectfully submitted,
Ruth Swanson
The minutes of the September 20, 2001 Regular City Council Meeting were approved
at the October 18, 2001 Regular City Council Meeting.
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Regular Meeting