M 02-05-96TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
February 5, 1996
Minutes
TOWN COUNCIL
The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of the
Town Hall, 110 East Main Street, at 7:43 p.m., Monday, February 5, 1996, in regular session.
ROLL CALL
Present:Joanne Benjamin, Steven Blanton, Linda Lubeck,
Patrick O'Laughlin and Mayor Randy Attaway.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Larry Anderson, Town Attorney, reported that Council had met in Closed Session prior to this
evening's meeting pursuant to Government Code Section 54956.9(b)(1) to Conference with Town
Attorney regarding Anticipated Litigation Against the Town in One (1) Matter. The plaintiff remains
nondisclosed.
Pursuant to Government Code Section 54957.6 to Conference with Labor Negotiator for the Town,
Jim Piper, Assistant Town Manager and Personnel Officer regarding Town Employees' Association
(TEA), Confidential Employees, Police Officers' Association (POA), American Federation of State,
County and Municipal Employees (AFSCME). This discussion concerned all Town employment
associations.
VIC COLLARD/COMMENDATION (XX.20)
Mayor Randy Attaway presented a Commendation from the Town to Vic Collord for years of service
on the Trails Committee. The Mayor enumerated many projects done on trails and parks in Town
including Billy Jones Railroad, Los Gatos Youth Park, Landscaping on New Creek Trail and noted
that he served as Assistant Scout Master to Boy Scout Troop 539 for over 29 years. Mr. Collord
thanked the Town for the award and said he had enjoyed the privilege to be able to work and volunteer
for the Town over the years.
JIM SUGAI/COMMENDATION (XXX.20)
Mayor Randy Attaway presented a Commendation from the Town to Jim Sugai for years of service on
the Trails Committee. The Mayor noted that Mr. Sugai had served the Town for 22 years as an
employee, volunteering on many projects during that time. He has served on the Trails and Bikes
Committee, worked on the establishment of the Carousel in Oak Meadow Park, maintained the Town's
Rose Garden, served on the graffiti removal committee and has supported the development of the Los
Gatos Youth Park. Mr. Sugai received his commendation and thanked Town for the honor.
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SHIRLEY HENDERSON/COMMENDATION (YY.20)
Mayor Randy Attaway presented a Commendation from the Town to Shirley Henderson for service on
the Downtown Association Beautification Committee. She diligently worked on the Newspaper Rack
Ordinance which will greatly improve the look of our sidewalks with the use of more aesthetically
designed newsracks. Ms Henderson was pleased to receive the commendation and noted that she was
proud to help with the Downtown beautification project.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNTY REFERRALS (02.47)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council approve the recommended action
concerning County Referral as follows:
Referral #Location Applicant Request
Recommendation
6178 17311 Hicks Road Ajlouny Design Review
Approval/2 conditions
Carried unanimously.
PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47)
Informational report regarding activity of Planning Commission and Department was received and
filed.
COUNCIL CALENDAR OF MEETINGS (04.10)
Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received and filed.
PAYROLL RATIFICATION/JANUARY 1995 (05.V)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council ratify the check register for the
payroll of December 31 through January 13, 1996 paid on January 19, 1996 in the amount of
$295,831.08. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/JANUARY 1996 (06.V)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council ratify the accompanying check
registers for accounts payable invoices paid on January 12, 16, 19, and 26, 1996 in the amount of
$476,254.62. Carried unanimously.
MINUTES OF JANUARY 16, 1996 (07.V)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council approve the Minutes of January
16, 1996 as submitted. Carried unanimously.
NEIGHBORHOOD CENTER/CARPETING/IMPROVEMENT FUND (08.44)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council authorize allocation of
Neighborhood Center Improvement Fund balance to purchase replacement carpeting with appropriate
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fund transfers as noted in the staff report. Carried unanimously.
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FLOOD CONTROL ZONE ADVISORY COMMITTEE/STAFF NOMINATIONS
SANTA CLARA VALLEY WATER COMMISSION/COUNCIL APPOINTMENT (09.20)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council nominate Trish Duarte, Sr.
Engineering Technician, as Representative; Chris Gjerde, Associate Civil Engineer, as Alternate #1;
Scott Baker, Director of Building and Engineering Services, as Alternate #2, to the Central and North
Central Flood Control Zone Advisory Committees. The actual appointments are made by the District
Board of Directors. Council Members Steven Blanton, Alternate #1 and Linda Lubeck, Alternate #2
are currently representing the Town on the Santa Clara Valley Water Commission. Carried
unanimously.
CLAIM REJECTION/VIVIAN & CHRIS JAMES (10A.01)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council deny claim of Vivian and Chris
James for alleged property damage occurring on July 1, 1995. Carried unanimously.
CLAIM REJECTION/VIKTORIA DOLGINSKY (10B.01)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council deny claim of Viktoria Dolginsky
for alleged property damage occurring on December 12, 1995. Carried unanimously.
LOS GATOS MUSEUM ASSOCIATION/LEASE AGREEMENT/RESOLUTION 1996-9 (12.44)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-9 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO EXECUTE AGREEMENTS WITH LOS GATOS MUSEUM ASSOCIATION. Carried
unanimously.
CABLE TELEVISION FRANCHISE TRANSFER/BRENMORE TO TCI
DUNCAN ET AL ASSIGNED TO MC CARTHY/RESOLUTION 1996-10 (13.XX)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-10
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE CONTRACT WITH BARRY MC CARTHY FOR LEGAL
ADVISE AND COUNSEL RELATING TO A PROPOSED TRANSFER OF A CABLE
TELEVISION FRANCHISE FROM BRENMOR CABLE PARTNERS, L.P. DBA SOUTH BAY
CABLEVISION TO TCI OF CLEVELAND, INCORPORATED AND APPROVING
ASSIGNMENT FROM DUNCAN, WEINBERG, MILLER & PEMBROKE. Carried
unanimously.
LANDSCAPING/LARK AND WINCHESTER/PROJECT 473CH185
DIABLO LANDSCAPING/BID AWARD/RESOLUTION 1996-11 (14.35)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-11
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH DIABLO LANDSCAPING TO
COMPLETE PROJECT 473CH185 LARK AVENUE AND WINCHESTER BOULEVARD
LANDSCAPING - PHASE I. Carried unanimously.
CONFLICT OF INTEREST CODE/PLANNING CLASSIFICATIONS/ORDINANCE 2009 (17.47)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Ordinance 2009 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN'S CONFLICT OF
INTEREST CODE (DIVISION 4 OF ARTICLE III OF CHAPTER 2) TO UPDATE
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PLANNING DEPARTMENT CLASSIFICATIONS. Carried unanimously.
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LOS GATOS BOULEVARD 16330/CALVARY BAPTIST CHURCH/EXPANSION (16.09)
Mayor Attaway stated that this was the time and place duly noted to consider adopting resolution
granting appeal of a Planning Commission decision denying a request for approval of a master plan
for the future expansion of a church facility in the R-1:8000 zone and R-1:8000 (Prezone). The
master plan will include demolition of an existing education and a residential building, construction of
a new education, ministry and multi-purpose/gymnasium building, remodeling of existing facilities,
and expansion of a parking lot. Conditional Use Permit Application U-94-67. Negative Declaration
Application ND-94-4. Property located at 16330 Los Gatos Boulevard. Appellant/Property Owner:
Calvary Baptist Church.
The following people from the audience spoke to this issue:
Vera Pierce, 16334 Robie Lane, noted the lack of meetings by the church to speak to the
neighborhood as a whole, and spoke of limiting late night activities.
Myrna Skala, 16334 Robie Lane, disagrees with the master plan; spoke of the neighborhood
petition.
Dorothy Lowe, 16346 Robie Lane, referred to Council action of including restrictions in the master
plan so that the intention is clear in the future. She opposed the parking lot proposal at the end of
Robie Lane, but asked that the wording be consistent in the resolution describing it at the end of Robie
Lane.
Jim Lowe, 16346 Robie Lane, asked where the building was to be moved back 107 feet on the
proposed plans, and asked that the height of the gate to the Robie Lane parking lot be consistent with
the height of the fence.
Eva Roberts, 16926 Shannon Road, asked that the driveways exiting on Shannon and Robie be
closed early in the evenings.
Gail Brady, 16387 Englewood Ave., asked that a use permit for the Western Seminary at the church
be addressed at a separate hearing. She noted the statement from the church that it had no further
plans for growth after the establishment of its master plan, and she submitted for the record a piece of
literature from the church that spoke to the contrary. She is concerned about preserving the residential
integrity of Robie Lane now and in the future. She asked that the proposal be sent back to the
Planning Commission for further consideration.
Salvatore Caruso, 255 N. Market Street #200, project architect for Calvary Church, explained the set
back from Robie Lane shown in plans and diagrams; The mock up placed on the property had shown
107 feet from the property line to the second floor elevation; The project should be no more than 30
feet high and as close to 25 feet as possible; The project to keep mass away from property lines; The
project to incorporate residential type features and gable ends along Robie Lane; NCAA standards to
be used so that basket ball leagues can occasionally use the facility ; Western Seminary described as
an acceptable existing use for church property; Fellowship park grassy field to be used for sports and
outdoor activities; Wooden fences, not six foot concrete walls, as the preference of the neighborhood;
Gates to be uniform with existing fences; Fire department does not support any closure of the
Shannon Road access due to safety issues and the closure of the emergency access on Robie, and they
find the three left hand turns to arrive at the church from Los Gatos Boulevard too time consuming
and unnecessarily dangerous; Requested the demolition of the old building to take place immediately
after the completion of the new structure; Construction to take twelve months and demolition to
immediately follow; The total square footage for both halls will be 39,388 square feet; Noted that
Architectural and Site Approval must still be worked out.
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LOS GATOS BOULEVARD 16330/CALVARY BAPTIST CHURCH/CONT.
Speakers continued:
Fred Wilson, 5254 Keene Drive, San Jose, Senior Pastor of Calvary Baptist Church, spoke of the
goals and aspirations of the church and membership before they had met with the Planning
Commission or had worked with the neighborhood. He noted that he had explained the Town's
process and concerns to the congregation and that the goals that had been considered were no longer
an option under the Town's process. The Church has been diligently working within the guidelines set
by the Town and is attempting to ease the concerns of its neighbors. He addressed the master plan
which will reach 20 years into the future with the current resources available.
No one else from the audience addressed this issue.
Council discussion: That other options for the Fire Department be looked at for the gate on Shannon
Road. That different means of access to and from the property after five o'clock be considered other
than Shannon Road. Bus pickup will be in front of the church. Bus warm ups will be on Los Gatos
Blvd.
Council Consensus:
* There was no inclination by Council to send the project back to the Planning Commission.
* The gates on Robie Lane should be the same height as the fence.
* The fence shall be masonry on Robie Lane and be brought back for review and approval at
Architecture and Site.
* The construction aspect shall be no more than twelve months.
* With Fire Department's approval there shall be a gate on Shannon Road.
* Shannon gate will be closed at 8 p.m. until the traffic signal is in place at Nino Ave., at such time
the Shannon gate will be closed at 5 p.m.
* Shannon gate is not to be opened after 8 p.m. to accommodate infrequent special events.
* The clarification of the view from Robie Lane being accommodated by moving the building,
making a portion one story high, and having the second story begin 107 feet from the boundary was
reviewed by Council and acceptable.
* Western Seminary falls within the current use permit and need not be re-mentioned in this
resolution.
* The house use be made clear in the document.
* Make note in resolution and master plan that no more expansion take place at this location or on
future purchases of property on Robie Lane toward Shannon Road.
* Clean up will normally be done by 10 p.m. but for 28 events a year the time for clean up will be 12
midnight. Immediate neighbors will be notified of these later events for curtesy's sake.
* Total square footage will be corrected in the document to 39,388 square feet as indicated by
architect.
* All typographical errors will be corrected, and the resolution will reflect the areas addressed under
Council consensus and will return on the consent calendar February 20, 1996.
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HEARINGS
WASTE MANAGEMENT/SUMMARY PLAN/CITING ELEMENT/RESOLUTION 1996-12 (18.07)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
approving and adopting County of Santa Clara Integrated Waste Management Summary Plan and
Siting Element.
No one from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council close the public hearing. Carried
unanimously.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-12 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AND ADOPTING THE
COUNTY OF SANTA CLARA INTEGRATED WASTE MANAGEMENT SUMMARY PLAN
AND SITING ELEMENT. Carried unanimously.
ROBERTS ROAD 17050/RESIDENTIAL DEVELOPMENT/APPEAL (19.09)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider appeal
of a decision of the Planning Commission denying a request for approval of a Planned Development
application to change the existing zone on 1.3 acres of property from R-1:8000 (Single Family
Residential) to R-M:5-12:PD (Multiple Family Residential, 5-12 dwelling units Per Net Acre, Planned
Development), to demolish an existing single family residence, and to construct 9 new single family
residences. If no significant environmental impacts are identified as a result of this project, a Negative
Declaration will be recommended and an Environmental Impact Report will not be required. Property
located at 17050 Roberts Road. Zone Change Application Z-94-3. Negative Declaration Application
ND-94-5. Property Owners: Marjorie Neal, Frank Nickson and Janice Ramatici. Applicant: Santa
Clara Development Co. Appellant: Mark Robson, Santa Clara Development.
The following people from the audience spoke to this issue:
Mark Robson, representing Santa Clara Development Co., explained the design elements of the
project and requested Council's consideration concerning the appeal.
Dick Stowers, 17809 Cresent Drive, architect for the project, spoke in support and answered
questions.
Speaker from Campbell believes apartments would be a better alternative but not in that location due
to traffic concerns. He was pleased with the more affordable housing in Los Gatos near schools and
stores.
Banley Waters, 505 Blossom Hill Road, spoke about the additional traffic exiting on Roberts and
Blossom Hill and of access on a very congested intersection.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried
unanimously.
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HEARINGS CONTINUED
ROBERTS ROAD 17050/CONT.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approves in principle a zero lot
line housing development on this site. Carried by a vote of 4 ayes. Mr. O'Laughlin was opposed to
adding housing and traffic problems to this site.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that only seven units be allowed on the site and
that there be no BMP unit on the property although the development will pay a fee into the BMP fund.
Carried by a vote of 3 ayes. Mrs. Lubeck voted no as she supported eight units. Mr. O'Laughlin noted
he would abstain from the rest of the voting since he opposes the project.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council deny the project due to traffic
issues and because of information which was not readily available to the Planning Commission and
send back to the DRC for a new plan to be developed with seven homes. This new plan will be heard
by Council April 1, 1996 at 7:30 p.m. with no further noticing to be given on the project. Carried by a
vote of 4 ayes, one abstention.
COUNCIL MEMBER LEAVES
Mr. Blanton excused himself from the meeting at 10:20 p.m. due to illness.
LOS GATOS BOULEVARD 15780/COMMERCIAL/OFFICE/APPEAL (20.09)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider appeal
of a decision of the Planning Commission denying a request for approval of plans to convert an
existing single family residence to commercial/office use on property in the CH zone. Property
located at 15780 Los Gatos Boulevard. Architecture and Site Application S-95-46. Property Owner:
John Tripp.
The following people from the audience spoke to this issue:
John Tripp, 15171 Carl Ave., addressed the request by staff for further definition of plans and spoke
about the commercial use of his building and a traffic study which has been done.
Daniel Maxfield, 16636 Farley Road, feels that parking and traffic are too great a problem for this
project and the impact to the residential neighborhood has not been considered.
Steve Warner, 16605 Oleander, owner of 16622 Farley, across the street from the proposed
development. Representing others in his neighborhood, opposes the project and the impact to their
homes.
No one else from the audience addressed this issue.
Motion by Mr. O'Laughlin, seconded by Mrs. Benjamin, to close the public hearing. Carried by a
vote of 4 ayes. Mr. Blanton was absent.
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that this item be returned to the Planning
Commission. Carried by a vote of 4 ayes. Mr. Blanton was absent.
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HEARINGS CONTINUED
VASONA HEIGHTS BENEFIT ZONE/LANDSCAPING & LIGHTING DISTRICT/HEARING
RESOLUTION 1996- 7/RESOLUTION 1996-8 (21.14)
Mayor Attaway stated that this was the time and place duly noted for public hearing to consider
creation and annexation of Vasona Heights Benefit Zone Lighting and Landscaping District #1.
The following people from the audience spoke to this issue:
Elaine Voulgares, representing Summerhill Homes, 777 California Ave., Palo Alto, asked for
clarification on Town Policy before all their new homeowners start asking questions.
Rudy Moir, 131 Ohlone Court, was interested in the conclusions Council will be coming to regarding
this benefit district and future districts.
No one else from the audience addressed this issue.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, to close this public hearing and announce the
second public hearing to be held regarding this subject on March 18, 1996. Carried by a vote of 4
ayes. Mr. Blanton was absent.
BACHMAN AVE 208/C.B. HANNEGAN'S/OUTDOOR FIREPLACE/REQUEST (22.09)
Mayor Attaway stated that this was the time and place duly noted to consider request for a
modification to an existing Conditional Use Permit to allow an outdoor freestanding fireplace and a
revised plan for a retractable awning on property in the C-2 LHP Zone. Conditional Use Permit
Application U-95-6. Property located at 208 Bachman Avenue. Property Owner: Bert Millen.
Applicant: Hannegan's Restaurant. Appellants: Chris Benson and John Hannegan.
There was no one from the audience to addressed this issue.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, to continue this item to March 18, 1996 after
it has had time to go to DRC. Carried by a vote of 4 ayes. Mr. Blanton was absent.
UTILITY USER TAX/TOWN CODE/CHAPTER 25/AMENDMENTS/ORDINANCE INTRO (23.05)
Mayor Attaway stated that this was the time and place duly noted to consider introducing ordinance to
amend Chapter 25 of the Town Code to avoid any implicit conflicts in the Town Code if the voters
approve Measure C on March 26, 1996.
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council waive the reading of the Draft
Ordinance. Carried by a vote of 4 ayes. Mr. Blanton was absent.
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 25 TO
AVOID ANY IMPLICIT CONFLICTS IN THE TOWN CODE IF THE VOTERS APPROVE
MEASURE C ON MARCH 26, 1996. Carried by a vote of 4 ayes. Mr. Blanton was absent.
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BRIDGE OVERCROSSING HIGHWAY 17/PLANS & SPECS/RESOLUTION 1996-13
CALTRANS AGREEMENT FOR WIDENING/RESOLUTION 1996-14 (11.40)
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-13
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT FOR THE WIDENING
OF THE BLOSSOM HILL ROAD/HIGHWAY 17 BRIDGE OVERCROSSING PROJECT.
Carried by a vote of 4 ayes. Mr. Blanton was absent.
Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-14
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYOR TO
ENTER INTO AN AGREEMENT WITH CALTRANS FOR THE WIDENING OF THE
BLOSSOM HILL ROAD/HIGHWAY 17 BRIDGE OVERCROSSING PROJECT. Carried by a
vote of 4 ayes. Mr. Blanton was absent.
SANTA CRUZ AVE N 664/FOUNTAIN COURT/RESOLUTION 1996-15 (15.09)
Mayor Attaway stated that this was the time and place duly noted to consider adopting resolution
denying an appeal of Planning Commission decision to deny request to maintain an eight unit
apartment complex in the C-1 Zone. Conditional Use Permit Application U-94-4. Property located at
664 North Santa Cruz Avenue. Property Owner: R & M Properties.
No one from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-15 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING
COMMISSION DECISION TO DENY A REQUEST TO MAINTAIN AN EIGHT-UNIT
APARTMENT COMPLEX IN THE C-1 ZONE, CONDITIONAL USE PERMIT
APPLICATION U-94-4. Carried by a vote of 4 ayes. Mr. Blanton was absent.
COUNCIL COMMITTEE REPORTS (24.20)
Council did not speak on this item.
ADJOURNMENT
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that this evening's meeting be adjourned at
11:28 p.m. Carried by a vote of 4 ayes. Mr. Blanton was absent.
ATTEST:
Marian V. Cosgrove
Town Clerk
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