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Minutes <br />Planning Commission <br />Wednesday, April 22, 1987 <br />Chairman Lindsey asked Mr. Pereira if he was one of the first <br />tenants. Mr. Pereira said yes, they were there before Jack in <br />the Box. Chairman Lindsey asked Mr. Pereira if he agreed that <br />the Game Station didn't bring all of the loitering. Mr. Pereira <br />said that Jack in the Box brought the first loitering. Chairman <br />Lindsey then asked Mr. Pereira's opinion if the Game Station was <br />not in business there would still a loitering problem. Mr. <br />Pereira said if all efforts were taken, and there was Police <br />support, there wouldn't be a problem. Mr. Evans has worked hard <br />with Mr. Pereira and others to minimize the problems of the <br />shopping Center. In his Mr. Pereira's opinion, Jack in the Box <br />and Kentucky Fried do not care. Commissioner Michelotti asked <br />who owns Jack in the Box. Mr. Evans reported that Mr. Cupples <br />owns most of it. <br />Commissioner Mahern asked if the tenants have a triple-net lease. <br />She asked also if the City has put pressure on Mr. Cupples to <br />secure the shopping center and assess all of the tenants for <br />charges. <br />Christopher Koontz, 2515 Skimmer Court, student of San Jose <br />State, works at the Game Station on weekends. Mr. Koontz stated <br />that the Jack in the Box is a black hole and loitering is worse <br />there than anywhere. When Mr. Koontz worked in Illinois at <br />McDonalds, there was a full-time policeman present and didn't <br />know why that wasn't possible here. <br />The public hearing was closed. <br />Chairman Lindsey again expressed disappointment at the Police <br />Department not having a representative at the meeting. <br />Commissioner Michelotti felt that if the condition relating to <br />security officers was put upon the landlord rather than the <br />tenant, the charge would come back to the tenants, but would be <br />more evenly distributed. Mr. Evans stated that if this was done <br />in their maintenance agreement, than this would be quite <br />acceptable to him. <br />Chairman Lindsey suggested that perhaps a resolution should be <br />sent to City Council to have the property owners work with the <br />Police Department to resolve the loitering and other problems of <br />the Valley Plaza shopping center. <br />Commissioner Michelotti stated she did not favor a five year <br />extension for the Game Station. Action is needed to alleviate <br />the situation. Tree only vehicle is to deny this conditional use <br />permit. <br />Commissioner Mahern asked Mr. Evans why he didn't sign the lease <br />subject to City approval, thus, allowing the one year review. <br />Mr. Evans said the landlord would not agree to such a condition. <br />Chairman Lindsey asked Mr. Evans if the landlord is anxious for <br />him to stay. Mr. Evans responded that he is satisfied the rent <br />is paid. <br />- 14 - <br />_. <br />