M 11-01-89 Earthquake Demo HearingTOWN OF LOS GATOS
110 EAST MAIN STREET
LOS GATOS, CA 95032
NOVEMBER 1, 1989
HEARING TO CONSIDER POTENTIAL DEMOLITION OF
37 TO 41 EAST MAIN STREET
DUE TO EARTHQUAKE DAMAGE ON OCTOBER 17, 1989
Those in attendance include:
Deborah Acosta, Town Manager
Lee Bowman, Planning Director
Scott Baker, Building Official
Lisa Maria Bottoni, Legal Assistant to Town Attorney
MarLyn Rasmussen, Sr. Deputy Clerk
Vincent Sanfilippo - Associate of Dr. Bindy
Roland Fellman, Administrator of Estate of Elroy Fellman
Verlyn Fellman
Edna Fellman
Carolyn Johnson
Alden Johnson
Loren Johnson
DEBORAH ACOSTA:
This is November 1, 1989. I'm Deborah Acosta the Town Manager for the Town of Los
Gatos. It is approximately 2:28 on Wednesday afternoon.
The purpose of this meeting is to discuss the potential demolition of 37 to 41 East Main
Street. I think it is important to note that this building was damaged due to an
Earthquake on October 17, 1989 at approximately 5:04 p.m.
Since that time we have watched the...professional members of the Town Staff have
watched the building continue to deteriorate and at this point have felt it was important
to have the property owners together to discuss our concerns and also review with them
a report of a structural Engineer that we have retained.
At this point I want to make it clear for the record that we have contacted verbally all the
property owners of record. Bruce Christensen who is an attorney representing Diane
Fellman (trustee for the estate) Comment from participant: "the property is recorded
in his name".
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O.K., he is an attorney and may be the party of record. Verlin and Edna F. Fellman, as
well as Roland Fellman each representing a proportionate interest in the property.
Roland Fellman approximately 25% interest in the estate. This is the estate of your
brother, I'm sorry, what was his name?
Answer: The estate of Elroy Fellman
Verlin and Edna Fellman representing 50% of the property and Bruce Christensen
representing another 25% of the property interest.
We also have an attorney representing Dr. Robert Bindy who owns 39 through 40.....,
it's not 41! 39 through 41? Scott Baker: The addressing of the building is very
confusion. O.K. great. Thank you. 39 through 41 of East Main Street and that
attorney representing the Bindy's is: Excuse me for a moment, for the record I am
not an attorney I'm a business associate of Dr. Bindy's. Alright, thank you, you
don't want to misrepresent yourself. What is your name for the record? My name is
Vincent Sanfilippo. That's great 'cause we don't want you to be practicing law without
a license. We do have the Johnson's representing "Across The Bridge"... I'm not sure
of the address is that 43? Scott Baker: 43 to 45 East Main Street. 43 to 45 East
Main Street. Comment from participant: and 49 and 47. And 49 and 47 which are
not currently in question. That's fine.
The building official has determined that 37 through 41 East Main Street has been
severely damaged and does represent a dangerous condition. Scott Baker is our
Building Official, Director of Building Services. Scott would you make a few comments
about that:
Scott Baker: Yes. On October 17th we are all aware that the Town was racked
severely by an earthquake magnitude .7 (that's what he said?!) on the richter
scale. The building has sustained severe damage and to the best that I can
determine is continuing to deteriorate. I have concern for neighboring
properties and potential problems with personal damage as well. Therefore I
am considering this a dangerous building and giving notice of abatement to
abate the dangerous situations that are there.
The Town has retained the services of an independent structural Engineer, ... I'm
loosing quite a bit of the professional staff here, just a moment.
That's fine, I guess the Engineer has arrived but I did want his name for the record.
Lee, do you know what his name is? Inaudible comment from participant. O.K.,
for the record, Bruce Christensen has indicated he can not be present at this
meeting....the Town's inability to provide him with a week's notice made that difficult to
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schedule and given the concern about an unsafe building, that sort of notice was
impossible. He has now been noticed verbally and we will give him personal service of
notice at the end of this meeting. I think we will have to have a short recess here until
our Building Official gets back. 2:32 p.m.
RECESS AT 2:32 p.m.
RECONVENED AT 2:35 p.m.
We are calling this hearing back to order. Again, this is the hearing for the potential
demolition of 37 through 41 East Main Street. I asked for a short recess because I did
not have the name of the structural Engineer. His name is Ray Kansara and I don't
have his address, but we will submit that for the record as well. I think it is important
that we have our building official make some comments for the record based on his
discussion with the independent structural Engineer's analysis and we will have that in
writing for the record as well.
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Scott Baker: It was Mr. Kansara's opinion that the building is in danger of
immanent collapse, it's logical that when it does it is going to cause damage
to adjacent property and he is currently preparing a written report that will
state that at this time. Any further comments or questions of anybody?
That's fine. Lee Bowman, our Planning Director. Lee is there anything you think is
important for the record, as it relates to this public meeting?
Lee Bowman: Not at this time.
O.K. at this point, based on the independent structural analysis it is to our interest to
hear from the property owners if they have any information that would be contrary to
that analysis or are requesting any additional time to have the building evaluated. I
could start with the Fellman's.
Roland Fellman: To address a comment I heard a few minutes ago by both City
representatives that the continuing deterioration has been observed.
Obviously we've had a couple of earthquakes in the last couple of days and ah,
you know, it is only of my opinion that the continuing earth movement is
causing the creeping of the building and it is not doing it just under it's own
power. As a comment, I am acting as the administrator representing the
estate and unfortunately I was only notified an hour and a half or so before
this meeting that my participation was needed, the Council was unable to
make it. I have no opinion as to the building being salvageable, my
observations tell me to the contrary and I guess that's what other comments
you might wish.
Would you just for the record indicate your name and address?
Roland Fellman: Roland Fellman, and I have entered it on the document as to
the care of Louis Pasquinelli, Attorney at Law. He is actually representing this
portion of the building.
Could you, again for the record, indicate the address of the building for which you are
the administrator of the estate?
Roland Fellman: I believe it is 37 North Main. Now whether there is additional
address to the upstairs.....
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East Main
Roland Fellman: yes, East Main
Yes, East Main Street. O.K. Again, so it is clear to me because I have to ultimately
render a decision here, are you asking the Town to delay or to get any further
information before we proceed to demolish the building.
Roland Fellman: Presently I'm not in the position to be able to ask the City to
delay it as I only represent a small portion of the building and share property
lines and common walls with the adjacent buildings which appear to me to be
collapsing at a greater rate than ours is. It is obviously very precarious right
now but without the other interested parties, I'm kind of stuck ..being here to
make the decision.
Do you have any...again, just for my information, do you have any objections of the
Town moving forward with the demolition?
Roland Fellman: I personally do not. No. and have consulted Counsel and they
feel that that may be the best interest of the public due to the circumstances of
everybody sharing common walls and the amount of parties that have an
interest in the building and being able to get all those parties together which is
being attempted, privately, through communications and letters to get those
parties together to make some decisions. Unfortunately that sometimes is not
quick enough.
O.K. Could you pass the microphone to your mother and father Verlyn and Edna
Fellman.
Verlyn Fellman: I can't hear you.
I'm sorry, I'll try to speak louder as well so you can hear me.
Edna Fellman: As far as I'm concerned, we verbally agreed last Thursday that
it was O.K. for the City to undertake this...
....demolition?
Edna Fellman: Yes.
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And do you have any information available to you that you would want to make sure that
I new, and could hear, as to whether that building could be saved or whether you would
like to delay for further information?
Edna Fellman: No
O.K. Mr. and Mrs. Johnson? If you could use the mike for me, that is real important.
The same questions. If you could take the mike, I'll make sure that I ask them.
Can you first identify yourself and what property you represent.
Loren Johnson: Yes, I'm Loren Johnson representing 43,45,47, and 49 East
Main.
Alright, Mr. Johnson is there any information you believe you have available to you that
would cause you to request the Town to either delay or not demolish the building under
question? I recognize that this is difficult for everybody... you have plenty of time to
answer.
Loren Johnson: We don't have the final report from the structural Engineer
available to us yet. It should be ready today some time, but we do not have
that at this point.
Would you like the Town...are you requesting the Town delay the demolition until that
structural Engineer's report is in?
Loren Johnson: Um, yes.
Can you guarantee to us that we could have a copy of that report tomorrow to take a
look at?
Loren Johnson: I can not guarantee that, that is,...my feeling is and the
information that has been given to me is that that would be possible but I'm
not prepared to guarantee that. Only because I don't know what his schedule
is.
I can appreciate that. Can you.. again for the record just make it...can you agree to
contact the Engineer and request that they do get that report to us by tomorrow?
Loren Johnson: Yes, I can contact the Engineer.
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O.K. that's great. Could you also ask that Engineer to phone Scott Baker, the Director
of Building Services today to discuss that so that he understands the urgency of getting
that report to us right away.
Loren Johnson: If I can reach him today I will tell him to call Scott.
O.K. great, thank you. I don't think we need any attorneys present you folks are
representing yourself quite well.
Scott Baker: Could you explain what your intentions are...your best wishes for
your property...your property is not the center subject of this discussion but
because of it's proximity and common wall with the structure that we are
talking about, it is likely to be affected.
Loren Johnson: Our feeling is that it is necessary for us to at least try and save
the property at 49 and 47 which is "Move It" and "And Chili's". Just out of
responsibility to our tenants there. Also, our first indications from the
Engineer is that that is possible. We can not make an evaluation on 45,
however, because we do not have enough information at this point.
Scott Baker: Is your Engineer addressing the possibility of structurally shoring
up the wall between 47 and 45 and entertaining the possibility of a demolition
of the common wall structure?
Loren Johnson: His recommendation for 47, at this point, is to shore up the
building first and then put up a structural wall for the building at 47. So it can
be stand alone.
Scott Baker: Known as "Move It"?
Loren Johnson: Correct, "Move It". Um, as I said before, his recommendation
for 45 is not readily known to me at this point because his focus was, again, at
47.
Scott Baker: O.K. thank you.
O.K. is there any other information that I, any of the parties, would like to have included
in the record for our consideration? I'm seeing no comments, no nods. O.K.
Vincent Sanfilippo: I actually wouldn't have knowledge of what his interests
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would be. I believe he has met with you on two occasions and the last, I
believe, was last Thursday or Friday? And I would imagine that you might rely
on the conversation there. Not knowing exactly the issues that where going to
be addressed to-day, he did not instruct me in any way to represent him to
indicate what his wishes may or may not be in this matter - not knowing what
the content of the meeting was, basically I'm here to sit in on the meeting and
be able to relate to him, this evening when he returns from out of town, just
what transpired and if he needed to get in touch with the Town on any matter
regarding the issues which were discussed here.
For the record, we are attempting to contact Dr. Bindy by cellular telephone. He had
given us his number previously.
Telephone conversation
Dr. Bindy. We are in the middle of the hearing regarding the demolition of 37 through
41 East Main Street. I'm asking for questions for the record. I would like to put you on a
microphone which might be difficult to pick up with a cellular phone so we will have to
test this out a little bit.
Let me just tell you the questions I've been asking:
1.If you have any information available to you which would either ask
you to request of the Town that we delay the demolition of this building or
that we postpone it until you have further information. So anything you
would like to share with us before we make a final decision here would be
important.
2.What your personal interests are related to your property and the
property address, if you can provide that.
So I'm going to try this and ask you a question and see if we can get this...this is going
to be tough. Are you ready,... are you there... O.K. we'll try it...hold on.
O.K. I'll tell you what.. I'm going to relay this into the microphone and you can hear me
say it and I'll have someone else listen as well to verify the comments. We're shooting
by the seat of our pants here. Dr. Bindy, we are considering the demolition of 37
through 41 East Main Street. We've gotten a hold of you by cellular telephone on your
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way back from Tahoe. Do you have any information that would give us, that you could
provide to us, indicating that that building can be saved at this point?
Conversation relayed by Deborah Acosta: Dr. Bindy has responded No he does
not.
Do you have any information available to you, or would you like to receive any other
information and request the Town delay instituting demolition?
Conversation relayed by Deborah Acosta: No, the Doctor is indicating that he
feel fully informed.
Is there anything, any questions for us?
Conversation relayed by Deborah Acosta: NO RELAY
We are just about to go into that and I will keep you on the phone. We're looking to
initiate the proceedings within 24 hours and we will have a twenty four hour appeal.
Doctor Bindy is asking questions regarding the financing and I will go into that and we
can get that information to you.
Are there any questions that you have as it relates to the other property owners that
might be present in the room?
Conversation relayed by Deborah Acosta: Dr. Bindy indicates the Friday
meeting clarified his comments.
Can you hear this?
Lisa-Maria Bottoni: Yes
That's fine. I have with me listening to this conversation... do you want to state your
name?
Lisa-Maria Bottoni: Lisa-Maria Bottoni, Legal Assistant to the Town Attorney.
That's great, thank you. O.K. is there any questions of either the Director of Building
Services or our Planning Director has for Dr. Bindy.
Scott Baker: Not at this time
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Lee Bowman: Not at this time
O.K. that's great. We're keeping you on the line here. Maybe you can just indicate to
me what your personal interests are at this point in the building. Do you have any plans
as to what you are going to do?
Conversation relayed by Deborah Acosta: O.K. Dr. Bindy indicates that they
would like to rebuild the structure to recoup any loses that they may have.
Do you have any objections to us demolishing this building.
Conversation relayed by Deborah Acosta: Dr. Bindy indicates none at all.
Right, he is concerned about the financing of this.
O.K. we will have some documents to be signed. I'm going to go through those in a
minute and I will try to relay to you as to what is going on here as best we can.
You do have a representative present as well. Yes, O.K. thank you.
With that do we have anything from our structural Engineer yet, in writing?
Any other questions from any of the parties that are present?
Would you repeat that?
Are there any questions at this point?
Roland Fellman: I'm anticipating that you are going to be covering what the
process is and what the FEMA application routine ensues and things of that
nature.
Let me go ahead and talk about the appeal process. If I do reach a decision here in the
next couple of minutes, regarding the demolition of this building, if it is determined that
the building will be demolished based on the independent structural analysis, then we
will be serving you with notice that we do plan to initiate demolition proceedings and that
those proceedings will begin within twenty-four hours. That does not necessarily mean
that the building will be down within twenty-four hours. But if we are going to start the
process to hire a contractor and really begin, it can topple at any point after that. You
have twenty-four hours to appeal my decision. That should be filed with the Clerk's
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Office within twenty-four hours from now. So basically at 5:00 p.m. tomorrow. We will
give you a complete day to file that appeal. What I have to determine, and I have not
reached this conclusion yet, is whether I will delay a final decision until tomorrow to give
the Johnson's an opportunity to have us review their structural Engineers report. If that
occurs, then it would be twenty-four hours from tomorrow. So that would then be Friday
at 5:00 p.m. that's twenty-four hours - tomorrow is Thursday - that's correct, that would
then be 5:00 p.m. on Friday and I will make it clear, before we leave today, as to which
process we'll be in.
If you do file an appeal, then there will be a hearing in front of the Town Council within
three days of the filing of that appeal. So we will call together a special meeting of the
Council. At least three members must be present for a special meeting and we'll make
that possible. If there is no appeal then we just proceed.
O.K. the letter from our structural Engineer is being typed. Let me walk through the
documents that we have and what our next steps will be. Again, if I reach a decision. I
need to see the Engineer's report and be clear as to what that says before I make a
decision to demolish.
One document is entitled Right of Entry and Hold Harmless. We had talked about some
of these issues last week when we met. Let me read it to you and then, of course, we
will pass it around for you to see.
Again, the title is Right of Entry and Hold Harmless. Demolition... there is a problem in
the title here which we will have to correct. We will indicate the address of the building
to be demolished.
The undersigned, being the owner of that Real Property commonly described as, and
we will list the description, does hereby consent to the demolition of the building of said
property of the Town of Los Gatos or it's authorized agents, representatives,
employees, or persons assisting the Town. The undersigned does further agree to hold
harmless the Town of Los Gatos, it's authorized agents, representatives, employees, or
persons assisting the Town from any consequences of said entry. The undersigned
certifies that they do not have the financial capability to demolish the building. The
undersigned certifies that their insurance will not cover the cost of demolition. The
undersigned agrees that if the Town is not reimbursed for the expenditure, the property
owner agrees to have the Town asses them for the expenses through a lien on their
property. The undersigned agrees that the condition of the building constitutes an
immediate threat to the public health, safety and general welfare of the community and
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that the Town must take emergency action to protect the public welfare.
Basically, this Right of Entry and Hold Harmless, if we decide the building needs to be
demolished, is being offered to you in leu of requiring you to demolish the building on
your own. If we do reach a decision that the building has to be demolished, that is your
responsibility, unless this Right of Entry and Hold Harmless is signed. So you need to
take a look at this and be comfortable with that document.
There is another document entitled Notice of Intention to Demolish Unsafe Structure
Due to Earthquake Damage. We have the property owners name and street address,
as last registered and/or legal owner of record of real property known as....and the
address will be listed... upon which an unsafe condition exists, you are hereby notified
that the undersigned pursuant to Chapter 8.08, Section 8.08.170 of the Town of Los
Gatos Municipal Code, has determined said structure is unsafe, uninhabitable and
unrepairable, constituting a public nuisance and threat to the public peace, health and
safety, thereby requiring immediate abatement. As last registered and/or legal owner of
record or real property know as...., you are hereby notified that the Town of Los Gatos
will initiate demolition of said real property within twenty-four (24) hours from the date of
this Notice of Intention to Demolish.
And it indicates that we will either notice that by mail or be personally delivered to you.
So again, if I reach that conclusion today we will give them to you while you are here. If
not, we will make personal delivery or give you mail notice within twenty-four hours of
my decision. Excuse me, at the point of my decision. And this indicates that the
demolition could begin as early as twenty-four hours following this notice. Are there any
questions about that?
Roland Fellman: Yes, for the record, the court has not made a final judgement
of what portion or portions of that building, ..the State has an interest in it but
it has not been determined that we have an ownership in that until the
conclusion of probate. Presently, I don't know if you are in contact, or have
been in contact, with Bruce Christensen who is on the title as trustee of that
property and, of course, I can not make a final decision -I will have to give a
copy of that to the estates attorney and would hope that a copy gets to
Christensen so that at least the two attorneys can consult on that.
Yes, we've made contact with Bruce Christensen today, by phone, and Mr. Bowman our
Planning Director did you talk with Mr. Christensen?
Lee Bowman: I didn't talk to him but my secretary Mrs. Burr did and the
comments that he made were that he could not possibly be here today, he
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could not come to a meeting with less than a weeks notice.
We would intend to notice Mr. Christensen and get the same documents to him as well.
Roland Fellman: And I'm guessing that these documents are going to be made
available to us today, including the Engineer's report.
Scott Baker: Yes
That's correct. Obviously there is a typographical error on the Right of Entry and Hold
Harmless, so that is going to be corrected but I'll hand these out now so you can see
what it looks like.
At this point I suggest that we recess until we have the structural Engineers analysis in
front of us. I'm sorry, any questions?
Vincent Sanfilippo: Yes, I have a question regarding the assessment that will
be placed on the property? How long will the property owners have to pay
that assessment off? Would it be similar to a bond or other type of assessment
that would be payable over a fifteen to twenty year period?
Actually it is a lien on the property and typically they can pay it off right away or upon
sale.
Scott Baker: It's a cloud on the title is all it boils down to. It says that before
title could transfer someone would have to address that lien on the title.
Vincent Sanfilippo: So it's a lien rather than an assessment?
Scott Baker: That is correct. It would be a lien on the title
And again, if we determine that the building needs to be demolished we would then, for
the record, tell each of you that it is your responsibility to have that building demolished.
If you don't do it then we would really move forward to do that and put a lien on the
property. Unless the Right of Entry and Hold Harmless is signed. If that is signed then
we would initiate those proceedings and if we are reimbursed from FEMA then it would
be no expense to the property owner, if we are not. So the community does not end up
holding the responsibility for this, then the lien would be placed on the property.
Vincent Sanfilippo: Do you feel there is a good chance to be reimbursed from
FEMA for the cost for demolition?
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Yes I do. I think there is a good chance but until the application is filed and until the
money actually arrives, you don't know for sure. It is audited. But we do have an
indications that yes, this debris removal caused from the earthquake is covered by
FEMA.
Again, one last comment to be sure that this is clear for the record as well, that we do
believe it is the property owners responsibility, however, because we think we may be
able to help you in this process, we are attempting that as a first option. But again, we
can't have the community being held liable for it so we're trying to have the lien put back
on the property if this is not successful.
O.K. I think we will recess for a couple of minutes and then we can look at the
Engineers analysis.
RECESS 3:00 p.m.
RECONVENED 3:35 p.m.
I will call the hearing back to order to consider the potential demolition of 37 through 41
East Main Street.
All of the same individuals are present. We also have, joining us now Ray Kansara who
is a...
Scott Baker: Ray is a registered structural Engineer.
Thank you. He does have some comments to make about his structural evaluation of
the building. Ray.
Ray Kansara: Thank you for giving me the opportunity to look at this building.
I would like to read my report here.
At the request of Scott Baker city/Town of Los Gatos, I have
visited the building site address 37, 39, 41 East Main Street, Los
Gatos with the building inspector Christ Rodekur at about 2:00
p.m. on November 1, 1989. This building is two story masonry
structure with wood frame..wood floor diaphragms. As per Mr.
Rodekur this building has been declared as an unreinforced
masonry building. The building has extensive damage due to the
recent seismic event. The second floor of the structure has moved
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westwardly approximately ten inches. The front entry arch has
collapsed and several non structural ??????. The structure has been
cordoned off to protect the public. The back part of the building
has also suffered extensive damage and partial collapse. The
bricks from the second level are on the ground. The building has
moved several inches towards the west and pulled away from the
adjoining building. The rear entrance of the structure is partially
collapsed and part of it is on the ground. The seismic forces due
to the major earthquake and several after shocks have pulled the
building toward the front and toward the west of the site. As for
the field observation today, it is my opinion that
1.The building address 37, 39, 41 East Main Street
shall be considered as structural failure and extremely
dangerous which may collapse at any time.
2.The possible collapse of this building will
further damage 45 East Main Street.
\
3.The possible collapse will damage the power
line at the west side of the building.
4.The adjoining building at 31 East Main Street is
approximately seventeen feet away from the subject
property. The possible danger of the collapse of the
second floor of the subject property may fall toward
31 East Main Street building and may seriously
damage that building.
That's all I have to say.
Scott Baker: Are there any questions of Mr. Kansara at this time?
Roland Fellman: The report that was just read to us does not appear to have
an opinion as to whether the building can be salvaged or a judgment as to the
possible restoration which for historic reasons and the rest might want to be
included as to his judgement and that.
Scott Baker: Could you repeat that please.
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Roland Fellman: In hearing the report, I don't believe I heard anything to the
statement that the building is potentially salvageable or to be able to restore it
at its present condition. I'm thinking for reasons of historic value and the rest.
I'm wondering what his professional judgement of that would be?
Scott Baker: Can you respond to that Ray?
Ray Kansara: Yes, I haven't addressed the historical building aspect of it but I
have addressed in item one (1) here saying that: The building at 37, 39, 41 East
Main Street shall be considered structural failure and extremely dangerous
which may collapse at any time. Does that answer part of your question?
Scott Baker: So your interposed is that from that it is not a salvageable or
rebuildable building then?
Ray Kansara: As a structural Engineer, I do not make that decision. It is the
City that makes the decision. What I have stated is that the structure is
extremely dangerous and will collapse at any time.
Scott Baker: The structure then has basically failed.
Ray Kansara: Yes, that's correct.
Thank you. We recognize that we have to rule on the demolition. That point is quite
clear.
Just for my edification, 45 East Main Street, that's "Across The Bridge", that the "Across
The Bridge" building, 45 East Main Street - can you make any comments about that
specifically?
Ray Kansara: Yes, I certainly can. The back part of the building has collapsed,
I've seen that and taken some pictures and I remember that it has also suffered
severe damage and I don't see how you can salvage that building also. I think
that building is also practically gone. It has a similar type of structural failure.
I think that is also an unreinforced masonry building.
Would you like to follow up on that with any questions?
Loren Johnson: Just as a clarification on that. You're saying that the structure
has failed at 45 as well? Is that correct?
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Ray Kansara: Yes, looking from the backside that is correct.
Since we have not spent much time in this hearing talking about 45 East Main Street
though, it is apparent that it is impacted by 37 through 41. Do you have, and this is
specifically for the Johnsons, do you have other questions about 45 East Main Street?
Do you, are you requesting that the Town either not demolish 45 East Main Street or is
there any additional information you are looking for on that building? On 45 East Main
Street that you would request that we either defer or not demolish the structure.
Loren Johnson: Given the initial reports from the Town's Engineer and an
indication from ours without having our report, we have no further questions
regarding it at this point and we also do not have any objection with
proceeding along with what the Town has presented here today.
O.K. You had asked earlier for me to defer my decision until you had a chance to
receive your report from your structural Engineer. How do you feel about that at this
point?
Loren Johnson: We would like to defer until we do see our report. Just
because of complications with the property at 47. And the possibility of
salvaging that in the process of taking the other one down. So until that
report is finalized, we would like to defer until this afternoon we can probably
get that to Scott.
Mr. Johnson?
Alden Johnson: My concern is that if you proceed with the demolition of the
other buildings whether ours would go with it and also take part of 47 and we
do need a days time to shore up that building because our Engineer said that
was certainly salvageable.
O.K. I'll take it under consideration. I'm sorry, Mr. Baker?
Scott Baker: And for the record, did you have a time frame for those repairs?
Temporary shoring....
Loren Johnson: Right, temporary shoring at the property at 47 I think is what
we are talking about.
Correct.
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November 1, 1989
Los Gatos, California
Loren Johnson: Our initial time frame, from our contractor has been Saturday
at the outside, it is only an estimate at this point, also that does not take into
consideration the requirements that the Town is give us as far as getting that
part taken care of.
Did you say begin Saturday or complete Saturday?
Loren Johnson: No - we can probably have it done by Saturday. It's all set to
go. Again, depending on what the Town requirements are, it is all set to start
tomorrow.
I'm sorry, Mr. Fellman?
Roland Fellman: For the record, I guess all of us would still have the appeal
process available to us no matter what the cities decision would be?
That's correct.
Roland Fellman: And earlier you had asked about a demolition contractor. I
have, at least had a demolition contractor take a look at the building. He
happens to have his yard in Campbell, just off of Winchester here, by the name
of Henry Little and he is presently doing demo in Santa Cruz and it sounded
like he was able and capable of handling it without any problem. I mean as a
reference, in case you are looking for someone.
Scott Baker: I don't have anything to add, thank you.
Mr. Bowman anything that you think is important for the record?
Roland Fellman: I would ask one more thing, maybe for the legal standpoint
that ..I put my address with the attorney's office in there and I guess you will
be sending, maybe special delivery, or serving it, the legal notice on
Christenson?
That is correct.
Roland Fellman: That the estates Attorney also be formally served with the
documents.
And you have that name and address on the sign in sheet?
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November 1, 1989
Los Gatos, California
Roland Fellman: Yes, name, address, the works.
O.K. great. It's on that list that we passed around?
Roland Fellman: Yes
Mr. Bowman do you want to talk about if the decision is reached to demolish, what sort
of rebuilding rules might apply.
Lee Bowman: For the record, I want to mention two things. The buildings at
37 - 41 East Main Street is a designated historic structure under Town
designation. It is not under State or Federal registration, just Town
registration. This designation is important when we are dealing with FEMA. In
terms of historic designation, if the building is declared hazardous by the
Building Official, that would supercede the Town's designation so there is no
conflict in our regulations there. Secondly, for the record, under the policy
which has been established by the Council and the Ordinances of the Town, if
the building is demolished, you will be entitled to rebuild the building to the
equivalent floor area that existed prior to the demolition of the building.
Yes, I would like to spend just a few minutes talking to our Director of Building Services,
Scott Baker before I reach a decision here. I don't think that will take more than just two
or three minutes. Excuse me, we will recess for a brief moment.
RECESS 3:48 p.m.
RECONVENED 3:54 p.m.
Again, this Deborah Swartzfager.. Deborah Acosta calling the demolition hearing for 37
through 41 and maybe including 45 East Main Street back to order. It is now about six
minutes to four o'clock. Before I reach a final conclusion here is there any last comment
from anyone. Questions, anything that they would like me to consider before I reach a
decision?
Is there anything from our structural Engineer? Anything you think we ought to
consider?
Ray Kansara: No, I have nothing more to say.
From our Planning Director, Mr. Bowman? Mr. Baker?
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November 1, 1989
Los Gatos, California
Mr. Baker: I think it is complete.
Then again, for the record, we were speaking with Dr. Bindy and his concerns were
resolved. Alright, based on all the information I have available to me, it is apparent that
our Building Official has determined that this structure is dangerous, is a threat to Public
Health and Safety. We have an independent Engineer's analysis that this building is a,
specifically a threat, extremely dangerous and may collapse at any time. He has ruled
that the structure is a structural failure. Based on that information, it is my determination
that we will require the property owners to demolish the building, demolish the structure,
the structure that is the basis for this hearing. Again, 37 through 45 East Main Street.
As I mentioned to the property owners, if they wish to sign a Right of Entry and Hold
Harmless agreement with the Town, we would then proceed to demolish the building
and then be subject to all of the conditions of that agreement. I also have a notice of
Intention to Demolish which we will serve upon the property owners today and get that
to any other property owner, either by mail or by personal delivery, within twenty-four
hours of now.
At this point I want to make it clear that you do have twenty-four hours to appeal my
decision. It is my intent that if the Johnson's can bring in the structural Engineering
analysis and want that appeal to be considered, that it would be considered. We would
then schedule a hearing in front of the Council within 72 hours. I think it still gives you
the opportunity to still do what you need to do and have requested that the Town
consider, yet at the same time, set the clock rolling so that we can really abate this
building from our Community and get the public hazard taken care of as quickly as
possible.
Again, any concerns or last comments from anyone?
Hopefully that is clear. Within twenty-four hours from now, I need to receive an appeal if
you want there to be an appeal. I do need to get all documents signed from you, within
twenty-four hours as well, indicating that you are giving us the Right of Entry and that
you are holding the Town Harmless and then we will proceed to demolish the building.
With that I'm going to conclude the hearing unless there is any other comments that
Staff feels is appropriate to have raised.
With that, this hearing is concluded. It is approximately 3:52 p.m. Wednesday,
November 1, 1989. Thank you very much.
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November 1, 1989
Los Gatos, California
ATTEST:
MarLyn J. Rasmussen
Senior Deputy Clerk
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