M 11-26-84TOWN OF LOS GATOS CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY AGENDA
NOVEMBER 26 1984
TOWN COUNCIL
The Town Council of the Town of Los Gatos met in the Council Chambers of the
Town Hall at 7:40 p.m. in a continued regular session.
ROLL CALL
PRESENT:Terrence J. Daily, Thomas J. Ferrito, Brent N. Ventura and
Mayor Joanne Benjamin.
ABSENT:Eric D. Carlson
CLOSED SESSION
Mayor Benjamin reported that Council had met in Closed Session prior to the
Council meeting and discussed a personnel matter.
APPEAL CONDITIONS IMPOSED ON STOP-N-GO MARKET - 445 LEIGH
AVENUE
Mayor Benjamin stated this was the time and place duly noted for the continued
public hearing on the appeal of Planning Commission's decision imposing certain
conditions on the granting of Conditional Use Permit Application U-82-18, on
property located at 445 Leigh Avenue (Stop-N-Go Market). Speaking on the
issue was Andrew Faber, Esq. representing National Convenience Stores, Inc.
Mr. Faber then presented his first witness, David McClean, District Manager of
the National Convenience Stores, Inc., who spoke on the improvements made at
the store at 445 Leigh Avenue; Cost of the improvements and answered other
questions presented by Mr. Faber. Second witness presented by Mr. Faber was
Jerry Gordon, Division Manager for the Western Division of National
Convenience Stores. Mr. Gordon answered questions regarding closing of the
store and possible subleasing of the store to some other business. Walter Hays,
Esq., questioned witness on losses reported at the Planning Commission
hearing. Walter Hays, Esq. stated he had no further witnesses but, prior to the
meeting had given Council a Critique of National Convenience Stores
amortization study prepared by Robert R. Trout, PhD. Mr. Faber stated he
objected to report presented as he feels Mr. Trout should be present so he could
be cross examined. Mr. Faber asked that said report be marked as exhibit G-G.
Mr. Faber then spoke on protests made previosuly, stating he feels conditions
placed by Planning Commission are not warranted and asked for continuance of
this hearing for 3 months. Walter Hays Esq. then summarized the evidence and
referred to his letter of October 29, 1984. He spoke on amortizaion period and
on the detailed findings made by Council in 1982; summarized testimony that
neighbors had given regarding noise, profanity and socializing late at night
causing disturbances. He feels the Town has a strong case and can shut the
store down on evidence of nuisance.
Mr. Faber requested that the Town grant the Use Permit without any conditions
recommended by Planning Commission and as far as other conditions NCS is
willing to comply, but feels it should be done on a voluntary compliance. No one
else wished to speak on this issue. Mr. Ventura moved hearing be closed. Mr.
Daily seconded. Carried unanimously. After some discussion Mr. Ventura
moved that Council affirm the decision of the Planning Commission to reinstate
the conditional use permit U-82-18 subject to the following three conditions being
modified:
1. Effective December 12, 1984 the hours of operation shall be limited to
between 6:00 a.m. and 9:00 p.m. (instead of 11:00 p.m.).
5. Delete.
7. Don't feel the need for security guard during day time hours of
operation, but should review this in 4 to 6 months time period and see
what the testimony of the neighbors is at that time.
Motion died for lack of second.
Further discussion was held as to the time when security guards should be
required and establishing of closing hours for the store. Mr. Ferrito moved to
reinstate the Use Permit U-82-18 but modify three conditions as follows:
1. Would be modified from 11:00 p.m. closing to 9:00 p.m.
5. Would be deleted.
7. Would be that a uniformed security guard shall be hired and working
effective December 1, 1984 during the following hours, from one hour
before school until a half hour after school starts; from a half hour on
either side of the lunch period at the school and from a half hour before
school lets out until 9:00 p.m. when store closes.
Mr. Ventura seconded. Carried unanimously.
Further discussion was held on effectiveness of the security guard and the need
to review this from time to time. Mr. Ferrito moved that Council also adopt
Condition #8, but modify it to read "March 13, 1985" rather than "December 12,
1984". Mr. Daily seconded. Carried unanimously.
The Town Manager asked for clarification of previous motion regarding limiting of
security guard to hours that school is in operation but what about security on
weekends or during vacation periods during holidays. Mr. Ferrito stated he
would favor letting Planning Commission review the effectiveness in three
months.
Mr. Hays answered questions of Council regarding making detailed findings. Mr.
Ferrito moved that Council make the findings that they made in 1982 by
reference and also adopt the findings of the Planning Commission that they
made on September 12, 1984 insofar as they are not inconsistent with the
modifications we have made so far. Mr. Ventura seconded. Carried
unanimously.
Mr. Ferrito moved that Council finds that the appropriate amortization period,
without regard to the nuisance, is the end of the year 1984 and the amortization
period should run from the effective date of the Ordinance and that would be
1982. Mr. Ventura seconded, if it is acceptable to the maker of the motion that
also, Council is using as the basis for the amortization period the value of the
store in 1982, not the current value. Mr. Ferrito accepted the amended motion.
Carried unanimously.
Mr. Ferrito moved that Council finds that there is, has been and continues to be a
public nuisance as a result of the operation of the store. The nuisance is outlined
in the findings of 1982 and also the Planning Commission findings of September
12, 1984 which I would adopt by reference except insofar as they are not
inconsistent with our decision on the appeal, and would find that even if a longer
amortization period were justified by dollar amounts,s the nuisance having gone
on basically since 1965 and the Councils, during those years, having tried every
measure short of closing down the store and having those measures be
unsuccessful it would be appropriate to continue any amortization period longer
that the tree years down to the ending 1984. Mr. Ventura seconded. Carried
unanimously. Council directed the Attorney to prepare the appropriate
Resolution and present for Council consideration at the next meeting.
ADJOURNMENT
Mr. Ferrito moved meeting be adjourned at 9:15 p.m. Mr. Ventura seconded.
Carried unanimously.
ATTEST:
Rose E. Aldag
Town Clerk