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M 05-04-98TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY May 4, 1998/Minutes TOWN COUNCIL The Town Council/Parking Authority/Redevelopment Agency of the Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 7:35 p.m., Monday, May 4, 1998, in joint regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins, and Mayor/Chairman Linda Lubeck. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Orry Korb, Town Attorney, reported that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54957.6, to Conference with Labor Negotiator. Town Negotiator (Lead): James W. Piper, Assistant Town Manager/Personnel Officer/Association: American Federation of State, County and Municipal Employees (AFSCME). Direction was given to the Negotiator but no final action was taken. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS (02.47) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council approve the recommended action concerning County Referrals: NUMBER LOCATION APPLICANT REQUEST RECOMMENDATION 4724 Shannon Road Lincoln Building Site/Grading Approval/2 Conditions Carried unanimously. COUNCIL CALENDAR OF MEETINGS (03.47) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. RATIFICATION OF PAYROLL/MARCH-APRIL 1998 (04.V) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council ratify the check registers for the payrolls of March 22 through April 4, 1998, paid on April 10, 1998 in the amount of $329,778.67. Carried unanimously. TC:D10:MM050498 ACCOUNTS PAYABLE/RATIFICATION/APRIL 1998 (05.V) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council ratify the accompanying check registers for accounts payable invoices paid on April 17 and April 24, 1998 in the amount of $257,683.29. Carried unanimously. TC:D10:MM050498 Town Council Minutes May 4, 1998 Redevelopment Agency Los Gatos, California MINUTES OF APRIL 20, 1998 (06.V) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council approve the Minutes of April 20, 1998 as corrected on page 7 under the "Secondary Unit," motion by Mr. Blanton as follows: Mr. Blanton noted for the record that he believes this option does include sufficient protection for existing neighborhoods. Carried unanimously. TREASURER'S REPORT (07.V) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council accept and file the Treasurer's Report as of March 31, 1998. Carried unanimously. COMMEMORATIVE PLAQUE/RAY STOWELL/SENIOR ART CONTRIBUTIONS (08.44) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council approve request by the Los Gatos-Saratoga Department of Community Education and Recreation to place a plaque in the Neighborhood Center recognizing Ray Stowell for his contributions to senior art. Carried unanimously. PG&E SUBSTATION/FACILITATION/CPUC REPORT (09.09) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council accept report on CPUC Commissioner Bilas' intent for the facilitation on PG&E substation matter. Carried unanimously. GENERAL PLAN COMMITTEE/COMPOSITION OF MEMBERS/RESOLUTION 1998-49 (10.20) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-49 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CHANGING THE COMPOSITION OF THE GENERAL PLAN COMMITTEE TO REDUCE THE NUMBER OF BUSINESS REPRESENTATIVES AND INCREASE THE NUMBER OF TOWN RESIDENTS AND RESCIND RESOLUTION 1996-88. Carried by a vote of 4 ayes. Mr. Attaway voted no. PLAN CHECK SERVICES/KUTZMANN & ASSOC/RESOLUTION 1998-50 (11.28) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-50 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING A BUDGET ADJUSTMENT FOR PLAN CHECK CONSULTANT SERVICES WITH KUTZMANN & ASSOCIATES, INC. Carried unanimously. PERSONAL COMPUTER PURCHASES/POLICE/RESOLUTION 1998-51 (12.09) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-51 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH COMPUTERLAND OF ALMADEN FOR PURCHASE OF COMPUTER HARDWARE, SOFTWARE AND SERVICES. Carried unanimously. CAPITAL IMPROVEMENT PROGRAM FY 1998-2003/RESOLUTION 1998-52 (13.05) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-52 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING 1998-2003 CAPITAL IMPROVEMENT PROGRAM. Carried unanimously. TC:D10:MM050498 Town Council Minutes May 4, 1998 Redevelopment Agency Los Gatos, California VASONA HEIGHTS BENEFIT ZONE/FY 1998-1999/RESOLUTION 1998-53 (14.23) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-53 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF INTENT TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1998-1999 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - VASONA HEIGHTS BENEFIT ZONE, AND TO SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Public Hearing to be held June 1, 1998. Carried unanimously. KENNEDY MEADOWS BENEFIT ZONE/FY 1998-1999/RESOLUTION 1998-54 (15.23) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-54 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF INTENT TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1998-1999 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - KENNEDY MEADOWS BENEFIT ZONE, AND TO SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Public Hearing to be held June 1, 1998. Carried unanimously. SANTA ROSA HEIGHTS BENEFIT ZONE/FY 1998-1999/RESOLUTION 1998-55 (16.23) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-55 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF INTENT TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1998-1999 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - SANTA ROSA HEIGHTS BENEFIT ZONE, AND TO SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Public Hearing to be held June 1, 1998. Carried unanimously. GEMINI COURT BENEFIT ZONE/FY 1998-1999/RESOLUTION 1998-56 (17.23) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-56 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF INTENT TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1998-1999 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #2 - GEMINI COURT BENEFIT ZONE, AND TO SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Public Hearing to be held June 1, 1998. Carried unanimously. HILLBROOK BENEFIT ZONE/FY 1998-1999/RESOLUTION 1998-57 (18.23) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-57 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF INTENT TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1998-1999 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - HILLBROOK BENEFIT ZONE, AND TO SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Public Hearing to be held June 1, 1998. Carried unanimously. BLACKWELL DRIVE BENEFIT ZONE/FY 1998-1999/RESOLUTION 1998-58 (19.23) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-58 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF INTENT TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1998-1999 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - BLACKWELL DRIVE BENEFIT ZONE, AND TO SET PUBLIC MEETING AND PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS. Public Hearing to be held June 1, 1998. Carried unanimously. TC:D10:MM050498 Town Council Minutes May 4, 1998 Redevelopment Agency Los Gatos, California FIRE PREVENTION CODE/FEE SCHEDULE/INSPECTIONS/RESOLUTION 1998-59 (20.28) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-59 entitled, RESOLUTION OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION 1990-155 AND RESTATING THE EXISTING FEE SCHEDULE FOR PERMITS, INSPECTIONS AND SERVICES RELATED TO THE TOWN FIRE PREVENTION CODE. Carried unanimously. MAIN STREET W 223/MIXED USE OFFICE-RESIDENTIAL/RESOLUTION 1998-60 (21.09) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-60 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A PLANNING COMMISSION DECISION TO MAKE A NEGATIVE DECLARATION CONCERNING THE ENVIRONMENTAL IMPACTS AND APPROVE A CONDITIONAL USE PERMIT TO CONSTRUCT A NEW MIXED USE BUILDING CONTAINING OFFICE AND RESIDENTIAL USES WITH ALTERNATING PARKING USE, AND DENIAL OF A VARIANCE TO REDUCE THE REAR YARD SETBACK AND INCREASE ALLOWABLE FENCE HEIGHT ON PROPERTY ZONED C-2. Carried by a vote of 3 ayes. Mr. Hutchins abstained. Mr. Attaway voted no for reasons stated in prior record. SECONDARY DWELLING UNITS/TRANSFERS/DEMOLITIONS/CONVERSIONS/REMOVALS ZONING ORDINANCE AMENDMENT/A-98-001/ORDINANCE 2043 (23.46) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Ordinance 2043 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE OF THE TOWN CODE TO ALLOW THE DEMOLITION, CONVERSION, OR REMOVAL OF APPROVED SECONDARY DWELLING UNITS AND THE TRANSFER OF SECONDARY DWELLING UNIT DEVELOPMENT RIGHTS. Carried by a vote of 3 ayes. Mr. Attaway and Mrs. Benjamin voted no for reasons noted in prior record. RENTAL AND OTHER TENANT-LANDLORD DISPUTES/ORDINANCE 2044 (24.19) Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Ordinance 2044 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE LOS GATOS TOWN CODE, ARTICLE VIII, RENTAL AND OTHER TENANT/LANDLORD DISPUTES (SECTIONS 14.80.045, 14.80.010 & 14.80.315.) Carried unanimously. HEARINGS VILLAGE LANE 320/VILLAGE HOUSE/CONDITIONAL USE PERMIT RESTAURANT & OUTDOOR SEATING/BEER AND WINE SERVICE/APPEAL (25.09) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider appeal of a Planning Commission decision approving a Conditional Use Permit to operate a new restaurant with outdoor seating and the service of beer and wine at the site of an existing unlawful restaurant (Village House) on property zoned C-2. Project Application PRJ-98-010. Property Location: 320 Village lane. Property Owner/Applicant: Eastfield Ming Quong, Inc. Appellant: Alain Staebler. TC:D10:MM050498 Town Council Minutes May 4, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED VILLAGE LANE 320/VILLAGE HOUSE/CONDITIONAL USE PERMIT/CONT. The following people from the audience spoke to this issue: Therese Schmidt, 6901 Rodlin Dr., San Jose, representing Alain Staebler, owner of Cafe Marcella, 368 Village Lane, noted that they were not opposed to the proposed restaurant but are concerned with the traffic circulation on Village Lane and the impact the restaurant will have on Village Lane. Suggestions to consider are: No right hand turns from Petticoat Lane; Make Village Lane a one way street; A mandatory valet parking service for the new restaurant required to use the park and ride lot north of Highway 9; Reduce the number of proposed seats in the evening. She asked that further study be done on Village Lane and the impacts of the traffic circulation. Rick Williams, Chief Operating Officer at Eastfield Ming Quong, 15601 Camino del Cerro, spoke of economic viability of this resource and the needs of the children's home. Bill Foss, 14860 Farwell Court, Saratoga, proposed tenant of Village House, spoke of plans and traffic and parking mitigation ideas for operating his business: Use of the park and ride lot; A pamphlet called "Navigation and Parking in Los Gatos"; Better lighting and signage for the park and ride lot; Encourage employees through a variety of incentive programs to use the park and ride lot. He noted that these ideas would be discussed at the next Parking Commission meeting. Dot Perry, 161 Prospect Ave, supported the proposed restaurant expansion, and noted her many years of support for Ming Quong. Walter Franck, 9 Glen Ridge Ave, spoke of business on Village Lane for thirty years and of the increased traffic and parking problems. He spoke of the need for parking meters to generate the funds for additional parking improvements. Joe Ghanavati, 17581 Via Sereno, a young teenager, spoke of student employment and restaurants with good food. He supported the proposal. Kelly Nicholls, 16680 Kennedy Road, supported the proposal and the thought given to parking, business and community in these plans. Jerome Atwood, 324 Blueberry Drive, Scotts Valley, owner of the neighboring property, spoke in support of the proposal. Rani Hublou, 489 Bird Ave, asked that encouragement be given to the residents to walk to town and enjoy the many businesses open in the evening, this would help with the problem of traffic and parking congestion. Sylvia Moore, 15305 Elm Park, Monte Sereno, is supportive of a five star restaurant locating in Los Gatos. She frequents and supports the restaurants downtown but would appreciate having a special place available for special occasions. Eric Tosh, 111 Wilder Ave., the Executive Chef of the new Village House. He noted his impressive qualifications and experience. He was confident of the success of the new restaurant. Bernard Coullahan, 100 Drysdale Drive, supported the restructuring of the new Village House. He spoke of needed competition in the business community. Susan Cahn, 435 Alberto #12, supported the proposed restaurant. Linda Pond-Oetinger, 7131 Redwood Retreat Road, Gilroy, she looks forward to additional foot traffic on Village Lane and programs that would help generate foot traffic in this area. She beleives that competition leads businesses to perform at their highest and their best. TC:D10:MM050498 Town Council Minutes May 4, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED VILLAGE LANE 320/VILLAGE HOUSE/CONDITIONAL USE PERMIT/CONT. Speakers continued: Sara Werp, 146 Clover Way, spoke of the new Village House restaurant owners being committed to establishing their business in Los Gatos. Diane Rose, 111 Wilder Ave., supports the proposed business and believes that the location is appropriate. She noted that this restaurant would be an asset to this part of Town and a benefit to the neighboring businesses. Terry Deveau, 1556 Bonita Ave., Mountain View, enjoys visiting Los Gatos and would appreciate knowing where to find the appropriate parking locations. He enjoys walking through town. Beverly Rouse, 230 Vista del Monte, founder of the Service League that operated the Village house for thirty-two years. Supports the proposal. Terese Schmidt, appellant's closing statement, reiterated concern about the traffic circulation on Village Lane and asked for an analysis before the CUP is issued. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council uphold the Planning Commission's decision and approve Project Application PRJ-98-010 for the proposed restaurant use at that location. Carried unanimously. Council Consensus: Staff to look at traffic circulation in the area; to consider creative parking solutions; to review the traffic accident history on Village Lane; to consider a no right hand turn from Petticoat Lane; to update downtown parking brochures and work with Chamber of Commerce for distribution; put sign at park and ride lot that says "Restaurant Parking"; implement incentive program for encouraging use of the park and ride lot and the Balzer Field lot by employees and patrons. COUNCIL RECESS Council recessed from 8:37 to 8:39 p.m. PROSPECT AVE 175/RESIDENTIAL IMPROVEMENT/TREE REMOVAL/APPEAL (26.09) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider appeal of a Planning Commission decision upholding the Planning Director's decision denying a tree removal permit as part of a Minor Residential Development application for the construction of a new 241.5 sq. ft. accessory storage building with reduced setbacks. Project application PRJ-98-011. Tree Removal Permit T-98-032. Property Location: 175 Prospect Avenue. Property Owners/Appellants: Allen and Lena Henderson. TC:D10:MM050498 Town Council Minutes May 4, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED PROSPECT AVE 175/RESIDENTIAL IMPROVEMENT/TREE REMOVAL/CONT. The following people from the audience spoke to this issue: Allen Henderson, 175 Prospect Ave., an addition to the home is what caused the request for the tree removal. The tree is centered exactly where the addition would be placed. The property has many mature healthy trees, and he is willing to place another large specimen on the property to replace the one to be removed. Dot Perry, 161 Prospect Ave., next door neighbor, asked that the tree removal be allowed. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Hutchins, to overturn the decision of the Planning Commission due to the Council having the prerogative to modify the tree policy. That one 48" tree will be planted in the location near the residential addition. With the following findings as set forth in Town Code Section 29.10.0990 for tree removal: The removal of the tree will not cause erosion or soil retention problems; There are a number of trees in the existing neighborhood, and this removal will not have an effect on the established standard of the area on the property values; This parcel already supports a number of trees and the removal of this one will not affect good forestry practices. The Conditions of Approval listed in Attachment 2, Exhibit A, Items 1 through 6 shall be met and Item 5 shall read, "New Tree. One new 48" boxed oak will be required to be planted and double staked to the Town standards." Carried unanimously. PARKING IN-LIEU PROGRAM/NORTH OF ANDREWS/ORDINANCE INTRODUCTION (27.46) FEE SET AT $2,000/RESOLUTION 1998-61 Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider amending the Town Code to allow property owners north of Andrews Street to pay an in-lieu fee into the parking in-lieu program. This matter will not have a significant impact on the environment and is, therefore, exempt from the requirement of the California Environmental Quality Act. Zoning Code Amendment A-98-02. The following people from the audience spoke to this issue: Terry McElroy, 123 Loma Alto, was appreciative of the opportunity to mitigate the parking problem through the in-lieu fee program for parking. Mohsen Jalali, 551 North Santa Cruz Ave, Laleh's Deli owner, asked for approval of the zone change and the opportunity to participate in the in-lieu program and requested a payment program for the fees. No one else from the audience addressed this issue. Motion by Mr. Hutchins, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. TC:D10:MM050498 Town Council Minutes May 4, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED PARKING IN-LIEU PROGRAM/NORTH OF ANDREWS/CONT. FEE SET AT $2,000/RESOLUTION 1998-61 Motion by Mr. Hutchins, seconded by Mrs. Benjamin, that Council find Proposed Ordinance Amendment consistent with Section 2.4 Policy #10 of the General Plan Land Use Element. Carried unanimously. The Town Clerk read the Title of the Proposed Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to waive the reading of the Proposed Ordinance. Carried unanimously. Motion by Mr. Hutchins, seconded by Mrs. Benjamin, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, DIVISION 5, ARTICLE I, TO EXTEND THE NONCONFORMING PARKING IN-LIEU PROGRAM TO INCLUDE EXISTING NONCONFORMING PROPERTIES, THAT FRONT NORTH SANTA CRUZ AVENUE, AND ARE LOCATED BETWEEN ANDREWS STREET AND ASHLER AVENUE. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1998-61 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO EXTEND THE PARKING IN- LIEU PROGRAM FOR NON-CONFORMING DOWNTOWN PROPERTIES AS TO PARKING THAT FRONT NORTH SANTA CRUZ AVENUE AND ARE NORTH OF ANDREWS STREET BUT SOUTH OF ASHLER AVENUE. Carried unanimously. Motion by Mr. Hutchins, seconded by Mrs. Benjamin, to approve the request to pay the traffic mitigation and conditional use permit fees for Project Application PRJ-97-181 by 18 months from this date. Carried unanimously. HERNANDEZ AVE 55/DESIGNATE LANDMARK HISTORIC PRESERVATION OVERLAY (22.09) Mayor Lubeck announced that this was the time and place so noted to consider appeal of a decision from the Planning Commission to initiate proceedings to designate a site with a Landmark Historic Preservation overlay zone. Property address: 55 Hernandez Avenue. Applicant: Town of Los Gatos. Appellant: Willie and Helen Mayor Cadiente. Motion by Mr. Hutchins, seconded by Mrs. Benjamin, to reopen this public hearing and agendize it to another Council meeting, due to a request at the last meeting by the owner, Willie and Helen Cadiente, to continue the item because they were unable to attend and speak to the issue. (Mr. Korb, Town Attorney, opined that the conservative position would be to open the public hearing and allow the owner to place his objection on the record; close the hearing, and then Council would be free to take what ever action it chooses on the appeal.) TC:D10:MM050498 Town Council Minutes May 4, 1998 Redevelopment Agency Los Gatos, California HERNANDEZ AVE 55/DESIGNATE LANDMARK HISTORIC PRESERVATION OVERLAY/CONT. The following person from the audience spoke to this issue: Michael Schradle, 35 Palm Avenue, concerned for the welfare of this landmark home, noted that he did not want to address the issue if the owners were not present and the hearing was not open. No one else from the audience addressed this issue. Mr. Blanton noted for the record that the owners were not present at this meeting to address this issue, nor were they at the public hearing. He feels that the owners are not being diligent in addressing the issues at hand or in following the established process. Mr. Attaway believes that the public hearing process has been confused by Council action; that the owners and neighbors have been misinformed as to process. He would recommend reopening the hearing and taking the appropriate steps and actions again. Motion by Mrs. Benjamin, seconded by Mr. Attaway, to reopen the public hearing and schedule it for June 1, 1998, and that letters will be sent to the neighbors who spoke at the last meeting explaining why this hearing is being held. In this letter it will be made clear that if the owners do not appear the hearing will not be continued. Carried by a vote of 4 ayes. Mr. Blanton voted no. COUNCIL COMMITTEE REPORTS Linda Lubeck gave a report on the facilitation process ordered by the CPUC. It will be held from 7 to 9 p.m. Thursday evenings at the Community Hospital. There will be 15 to 18 participants who will discuss the situation. There will be time for public input at the end of each meeting. The facilitator will submit minutes of the meeting and note the consensus of issues. The conclusions will return to Council for Council's consideration and input. ADJOURNMENT Mayor Lubeck adjourned this evening's meeting at 9:35 p.m. ATTEST: Marian V. Cosgrove Town Clerk TC:D10:MM050498