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M 10-22-89TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA October 22, 1989 TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of Town Hall, 100 E. Main St., at 5:15 p.m., Sunday, October 22, 1989, in special session. ROLL CALL Present:Eric D. Carlson, Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura and Mayor Joanne Benjamin. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session prior to this evenings's meeting pursuant to Government Code Section 54956.9(b) to discuss Threat of Litigation. The Council first made a finding of Significant Exposure to Litigation due to the concern regarding damaged buildings and access to buildings. Council then proceeded to discuss those issues, and there is no report at this time from that discussion. MAYOR'S COMMENDATION TO STAFF Mayor Benjamin commended the Los Gatos Town Staff for the outstanding job that they have performed in the last several days since Tuesday, October 17, 1989, at 5:04 P.M. They have been working around the clock, for twenty-four hours without sleep, without seeing their families, and doing an incredible job. I'd really like to commend them for the job that they have done. ADOPTION OF PROCLAMATION RATIFYING DECLARATION OF LOCAL EMERGENCY Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt Proclamation entitled, PROCLAMATION CONFIRMING THE TOWN MANAGER'S PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY. Carried unanimously. COUNCIL CONSENSUS MOTIONS AND DISCUSSION OF PLANNING PROCESS FOR RECONSTRUCTION OF DAMAGED BUILDINGS REOPENING OF THE COMMERCIAL BUILDINGS FOR AN INTERIM PERIOD OF TIME Scott Baker: (Director of Building Services) There is still a falling hazard from a number of the buildings on Santa Cruz Ave. We have constructed temporary fencing and expect that will remain in place for a lengthy period of time. We're exploring the possibility of providing temporary access. Safety would be our first concern of course, but there are certain businesses in the area that would be able to open for service. We are recommending that we consider allowing some adjustments for businesses that can do that. Such adjustments would include possible abandonment of normal handicapped access for a limited period of time, and again access through the rear. This would be until normal exiting could be established." Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council approve the recommended action to allow temporary access through the rear of buildings as approved by the Building Official. Carried unanimously. DEMOLITION AND BUILDING PERMITS Scott Baker: "We're advising people who have chimneys that are fractured and pose a falling hazard to remove the chimneys to the level of the fracture and then come in for a permit to rebuild. We're also recommending that unreinforced masonry chimneys not be allowed to be repaired, but that they be rebuilt to the standard code of the day. This is because in the next earthquake they could fall again, and in fact, after the last earthquake seven that had been repaired have come down again." Motion by Mr. Carlson, seconded by Mr. Hamilton, that a permit is not required to remove a damaged chimney but one is required to remove the still standing portion of the chimney and fireplace, and permits will be required to rebuild chimneys and fireplaces to comply with current code requirements. Mr. Ventura and Mr. Ferrito abstained due to the fact that they both have chimneys which may be affected by this decision. Carried by a vote of 3 ayes. Deborah Acosta: (Town Manager) "If we do approve other sorts of demolitions we recommend that they be completely photographed first by staff in case we wish to emphasize any particular style in reconstruction. Photographs will be part of the building permit." Motion by Mr. Ventura, seconded by Mr. Hamilton, to require photographs of buildings prior to the issuance of any demolition permit. Carried unanimously. Lee Bowman: (Planning Director) "Our non-conforming regulations for residential properties allow people to rebuild destroyed residential properties if they are rebuilt exactly as constructed before. Some people may not be able to rebuild the house in the previous location if it moved during the earthquake. The more difficult situation exists in the commercial zones. If a building is more than 50% destroyed, with some exceptions, our Ordinance requires them to comply with all current codes. If we want some of these buildings rebuilt, they should be allowed to be rebuilt as they were, which may not be with current code. This would require amendments to existing ordinances. The un-reinforced masonry buildings are covered under the current rules if they are destroyed. If they are to be repaired, they are covered under the building codes." Motion by Mayor Benjamin, seconded by Mr. Ventura, that currently the FAR for new buildings is 60% but many buildings are over 60%, so if they were repaired or rebuilt to their presently existing exterior, we should allow them to rebuild to the previous FAR. Carried unanimously. Motion by Mr. Ventura, seconded by Mr. Hamilton, that an amendment to our current zoning ordinance be approved to allow repairs to buildings damaged more than 50% of their value to be repaired using the Uniform Code for Building Conservation. Carried unanimously. Motion by Mr. Ventura, seconded by Mr. Hamilton, that repairs, reconstruction and building can progress if the total square footage remains the same as in the original building. Carried unanimously. Motion by Mr. Ventura, seconded by Mr. Carlson, that the set backs enjoyed previous to the earthquake may remain, and if a new foundation is needed due to movement of the structure during the quake, accommodations will be made to keep the set backs the same as those in existence before the quake. If the building needs a new foundation in a different location, it will be allowed only if that is the only way to save the existing building. Carried unanimously. RECONSTRUCTION PROCESS Deborah Acosta, Staff recommends a two step reconstruction process. The Restoration Process would allow buildings to remain in the same style, materials, color and footprint as originally on site. Approvals would be processed administratively by staff. Motion by Mr. Carlson, seconded by Mr. Ventura, that Council establish a Restoration Process for all repairs and rebuilding due to the earthquake damage which would apply to all commercial and residential structures. This would not supercede our existing process which would still be available, but supplement it. The characteristics of this process are as follows: 1). .There will be no fees or taxes for following this process. 2). .It would require staff approval only, meaning no Planning Commission or Town Council review, although Town Council will be available for appeal if desired. 3). .Those following this process agree to conform to original style and FAR of their building. Town will require professional help in establishing that style and FAR. Mr. Ventura adds: 1). .If it's an existing historical building, it will be rebuilt to its identical original configuration. 2). .If it's not an historical structure, it will be rebuilt under this expressed restoration process in an architectural style consistent with the historical flavor of downtown. The style will be developed with the professional consultant that the Town will retain. 3). .This applies to the exterior style, not the interior. Carried unanimously. CURBS, GUTTERS, SIDEWALKS Mayor Benjamin suggests that the Town needs to repair the cracks and uplifts in paved public surfaces. These restorations, repairs and rebuilds, are not new projects but reconstruction projects and owners of the properties should not be required to repair the public streets. REDEVELOPMENT AGENCY Deborah Acosta states that staff will be looking into various creative financing mechanisms including the possibility of a Redevelopment Agency. This will be explored with the County and brought back to the Council for discussion. It was also requested that a policy direction be made so that discussions with the County Executive can be pursued. Motion by Mr. Ferrito, seconded by Mr. Ventura, to authorize staff to begin to review the possibility of a Redevelopment Agency. Carried unanimously. FEMA Mayor Benjamin announced that FEMA has set up a processing center at the Jewish Community Center on Oka Road. Deborah Acosta stated that the Center is open from 8 A.M. to 6 P.M. Monday through Friday. There is a four page document describing the various areas of assistance available through this program. There are individual and family grants, home and personal property loans, business loans for structures, business loans for economic loss due to closure. The workers will discuss any type of loss with you and assess which loan should be applied for. Forms will also be sent through the mail by calling 1-800-462- 9029. October 22, 1989 Los Gatos, California TOWN TALK Mr. Hamilton suggested that the "Town Talk" be mailed out this week if possible. Decisions of this evening, funding possibilities, safety issues, and general information regarding the State of Emergency can be sent to all residents. VERBAL COMMUNICATIONS FROM THE AUDIENCE The following people from the audience wished to address Council on these issues: Lawrence White, 16991 Cypress, expressed concerns on the Seismic Safety standards established by the State and Town. In rebuilding destroyed structures in the downtown there is a need to know exactly what the standards are. Scott Baker stated that unreinforced masonry buildings are to be rebuilt and redesigned to the Uniform Code for Building Conservation. Motion by Mr. Ferrito, seconded by Mr. Hamilton, that Council allow for unreinforced masonry buildings to be rebuilt and redesigned according to the Uniform Code for Building Conservation and the criteria within that code. That the other building types be allowed at 75% of the current code value for lateral forces. Carried unanimously. Council asked for further explanation: Scott Baker explains that there are poured concrete wall buildings to be covered under the 75% code of the day requirement. This is considered a substantially strong building. After explanation Council reaffirmed previous vote. Motion by Mr. Hamilton, seconded by Mr. Carlson, that Council reaffirm that buildings covered under the 75% code of the day requirement will be considered a substantially strong building when relating to non-unreinforced masonry structures. Carried unanimously. Bill Cembellin, 139 Wilder Ave., owns home tilted by quake but not off mud sills yet. Hopes that requirements of Town will impose foundations on those homes not so supported at present. Scott Baker affirms Town's policy of requiring repairs to earthquake damaged homes meeting current design and safety criteria of the day. Harry Fromm, 57 Los Gatos Blvd., requests Town's support over a period of time. He wishes to remount his home on foundation and realizing this will take some time he requests Town's continued support to those structurally damaged by the quake. Mayor Benjamin explains that staff has requested that Council consider the funding of additional staff to help process the rebuilding expediently. Mr. Ferrito states that the nice thing about Local Government is that it is local, and does not view the problems from a distance. "We are literally your neighbors." Dennis Roberts, 8 N. Santa Cruz, "Carry Nation's", asked when he would be able to October 22, 1989 Los Gatos, California reopen for business, and was told that rear access would be granted as soon as it was considered safe. Larry Arzie, 18000 Overlook Road, addresses the La Canada Building asking if it comes down will it be allowed to rebuild exactly as it was. The answer was yes but within all current building codes for the structure and allowing the exterior to retain its original character and style. The second question was in regards to existing chimneys and fireplaces. If the interior fireplace and chimney system is part of the structural support of the home, will it have to be demolished or can it be reinforced as it currently stands? Is there an alternative to taking the chimney down to the ground? Scott Baker if the chimney can be shown to be seismically safe in its reconstruction and repair design the Building Director will consider it on an individual basis asking that sound engineering principles be adhered to. Judy Howell, 16793 Farley Road, asks if there are any FEMA programs that address the issue of non-structurally damaged homes which are in need of stronger foundations incase of future earthquakes. Staff will review this issue and respond when an answer is obtained. Russ Aldrich, 109 Palmer Drive, "Move It", 47 East Main, requested information regarding demolition of building and his business. Scott Baker, will be meeting individually with the owners of the damaged buildings starting tomorrow. Town will "fast track" those who wish to take them down and get them back up quickly or wish to do substantial reconstruction under the State of Emergency Council Policy. Mr. Carlson addressed the need to use this "express track" as soon as we have a determination on each building and to start this process immediately. Scott Baker stated that Wednesday's regular inspections and plan reviews, would be honored tomorrow. Building Department is looking to work with outside consultants who can help expedite the plan review process and every phase of the application process. Mr. Carlson asks that the applicant be informed as to his exact status and that Town will have the process in place so that the building owner can find guidelines and direction, within seven to fourteen days. Scott Baker is ready to start the process tomorrow, once we have the first agreement from an owner and a detailed engineering plan. Mr. Ferrito explained for the public that the Council does hear from the Manager, especially in a time of crisis, at least daily, if not more often and that once a week a written report is received on items of significance and items of interest. In that way things are not forgotten or left from one regular Council meeting to another. Information is received on a daily basis and if a special meeting is needed, as tonight, it is held. This is not to say that staff would not do the same work even if Council were not overseeing it, but we are apprised of what's going on. If staff tells us they just cannot give us a decision today on something, it doesn't mean that they won't do it tomorrow or the next day. Mr. October 22, 1989 Los Gatos, California Ferrito requests staff to give Council an update on the reconstruction process weekly along with the items of interest. Greg Marrone, 19120 Overlook Road, "French Connection", 29 N. Santa Cruz, asked when he will be able to have access from the rear of his business. Scott Baker suggests establishing a process of review and inspection for this type problem. If there are concerns, they will be addressed at the time of the review. Lee Bowman explains that the access problem is not Victory Lane or the parking lot, but that some buildings do not have rear doors that meet certain standards. Each business and property is unique. Some properties have doors that at one time were rear access and were used regularly. Health and safety requirements must be considered. Greg Marrone, "What if you are unable to reach an accord with a building owner about a demolition, and the building sits there unsafe?" Mr. Ferrito, "It will not sit there unsafe for very long. We would like to work with people but there are certain realities that we have to face, and public safety is our primary concern." Deborah Acosta, "For the economic viability of the community we want to get people back in business. That's our goal." George Tobin, 246 W. Main St., representing Ida Mina's, stated that his client had received notice to vacate from the Domaine Real Estate Office representing the La Canada Building stating that the building was going to be demolished and that vacation must be done within three days. A request was made for particulars relating to demolition and vacation. Mr.Ferrito, made the following statements regarding demolition proceedings: 1). .There has been no demolition order made at this time. 2). .If and when a demolition order is issued, the staff will explain the process publicly to those concerned. 3). .The timing and process will be specified. Scott Baker explained that in certain instances where staff was fearful of collapse or partial collapse of some of these buildings they had instructed tenants to move their valuables out as quickly as possible. It was in everyone's best interest to expedite vacation in certain instances. Somewhere along those lines perhaps, misinformation developed. If we have a delay in demolition, we will have to come back and look for legal remedies to facilitate the procedure. Mr. Ferrito inquires as to the length of time the property owner has to comply if a demolition order is issued. Further, once that time period passes and the property owner has not complied, is there specific litigation that could take place? Mary Jo Levinger, Town Attorney, has not reviewed those procedures at this time but will report back to Council at the next meeting regarding this issue. Scott Baker, states that it is fairly safe to assume that buildings that suffered some major damage, even if they are not going to be demolished but are going to go into major October 22, 1989 Los Gatos, California reconstruction, will be vacated and the merchandise withdrawn. Jim Farwell, 121 Laurel Ave, represents the owners of the La Canada Building, feels that some of the problems have arisen by having the buildings red tagged but not allowing access for the merchants to remove their merchandise. The merchants need to be granted temporary access to remove their merchandise so that they can set up their business in another locality while the buildings are renovated. Scott Baker asks that merchants so affected re-contact him. The Building Department will work with them. There are now guidelines established for limited access even where there are some safety concerns. Mayor Benjamin explains that a red tag does not mean the building has to be demolished, it does not mean the building is condemned, it means there is severe structural damage that needs to be looked at. It is unsafe for people to be in these buildings until they are again structurally sound. The building may be able to be repaired without having to be brought down but at this time it is unsafe for the general public. Scott Baker states that the red tag means there are problems which need structural analysis. The La Canada Building is an unreinforced masonry structure which falls under the Conservation Code which has very specific requirements for tying roofs and floors assemblies together. Jim Farwell, asks if this is a good time to review the Downtown Specific Plan, and uses. Since there is major reconstruction going on, is this not a good time to reconsider use in the downtown area? Mr. Ferrito answers that patience will be needed but the Council and the staff are here to serve the residents, the business owners, and the property owners. We need to be clear that we want to get back to the status quo, we wish to return to the pre-quake conditions quickly and responsibly and in a safe manner. This does not mean we will be able to decide every issue that was ever before us regarding land use and zoning. That process would build in an unfortunate delay. The two issues are so different that one delays the other and a whole Downtown Review is so time consuming that it would slow down the rebuilding process. CONSENSUS MOTIONS ADOPTED AS COUNCIL POLICY Motion by Mr. Ventura, seconded by Mr. Hamilton, that Council adopt each of the consensus motions made this evening as policy of Council to guide earthquake relief efforts and the reconstruction efforts. This motion includes the demolition permit process, and the request that photographs be taken of any architectural detail that may be uncovered, and that the new replica be visually identical to the original from the exterior. Carried unanimously. ADDITIONAL STAFF FOR STATE OF EMERGENCY Deborah Acosta, explains that at present there is assistance provided by other agencies October 22, 1989 Los Gatos, California who will serve our needs temporarily until the next regular Council meeting. We also have enough within our contractual budget to provide staff until the next Council meeting. At this time we do not have an amount to appropriate for long-term additional staffing. It is requested that the Council provide a consensus motion authorizing additional staffing. Initially it is requested that two additional people in Planning, two additional people in Building and two additional people in Engineering be hired. Additionally there is a request for a qualified historical and archeological expert to review the work in progress. This is a total of seven additional personnel. Motion by Mr. Ventura, seconded by Mr. Hamilton, to approve the staff request for up to seven (7) additional personnel; two staff in Planning, two staff in Building and two staff in Engineering. Carried unanimously. TRAFFIC PATTERNS DUE TO EMERGENCY Larry Todd: (Chief of Police) Discusses the need of PG&E to access the area for urgent repairs on the gas and water lines in a timely manner and as unhampered by traffic as possible by closing streets when necessary. We may be shutting down for all access to vehicular traffic simply to expedite the process so that these repairs don't drag out over time. It is our position that it is better to lose business for one day than for 90% of business to be impacted for a week or two. Deborah Acosta comments on the Chamber of Commerce and the Town working together since the quake, and the help the Chamber has offered in supplying people for the public information desk and with dispersing information to the business owners and merchants. This has been extremely helpful, and the Town hopes this process can continue during the next couple of weeks. MAYOR'S APPRECIATION FOR VOLUNTEER SERVICES Mayor Benjamin expressed thanks to all the volunteers who have assisted so far. Other cities have offered building inspectors, police and other service. Deborah Acosta explained how the Town had completed a rapid assessment evaluation of every structure in the Town by yesterday. There were 15,000 structures assessed during this procedure. This was only possible due to all the volunteers received and the 100 people in the field doing the assessment. Mayor Benjamin mentioned that PG&E has people out in the field 24 hours a day working on getting this repair project done, and they have imported people from Fresno and CalEdison from southern California to come out to help relight people's pilot lights in all the residential areas where the gas has been turned off. There is an appreciation for the continued mutual aid and support given during this emergency. VERBAL COMMUNICATIONS CONTINUED Jan Morris, President Elect of the Los Gatos Chamber of Commerce, thanked all the October 22, 1989 Los Gatos, California people who had helped during this time, and announced the temporary location of the Chamber while their office is wearing a red tag. Jan mentioned that the list of needs was increasing daily as we begin to hear from our neighboring mountain community. ADJOURNMENT Motion by Mr. Hamilton, seconded by Mr. Carlson, to adjourn at 6:25 P.M. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D1:MM102289