26 - ADOPT RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A RELEASE AGREEMENT WITH LADISLAV PATAKI AND GIZELA PATAKI TO NOT REMOVE THE EXISTING WOODEN BOX CULVERT AS PART OF STORM DRAIN PROJECT 93093S
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: October 26, 1993
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER \it
SUBJECT:
COUNCIL AGENDA
DATE: 11/01/93
ITEM NO. � r
tp
ADOPT RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A RELEASE
AGREEMENT WITH LADISLAV PATAKI AND GIZELA PATAKI TO NOT REMOVE THE
EXISTING WOODEN BOX CULVERT AS PART OF STORM DRAIN PROJECT 9309
RECOMMENDATION:
Adopt Resolution (Attachment 1) authorizing the Mayor to execute a Release Agreement with Ladislav Pataki
and Gizela Pataki to not remove the existing wooden box culvert as part of the Storm Drain Project 9309.
DISCUSSION:
The Wheeler Storm Drain Project 9309 included removal of the existing wooden box culvert which crossed
from Wheeler Avenue to Yosemite Avenue. When staff contacted the property owners to explain the removal
process, Mr. Pataki expressed concern related to newly planted landscaping and existing concrete patio.
Mr. Pataki proposed that he would accept responsibility to perform the work himself for the prorated amount
the Town had budgeted for the culvert removal.
The Release Agreement (Exhibit A) authorizes the payment of $558.00 and releases "... the Town, its officers,
boards, commissions, employees, and agents from any and all damages...".
CONCLUSION.
Staff believes this agreement is in the best interest of all parties and recommends for approval.
FISCAL IMPACT:
Account No. 4461-85801 - (Project No. 461DWHEE-61063)
Reduce P. O. #94040 from $12,430 to $11,872.
ATTACHMENTS:
1. Resolution
A. Release Agreement
PREPARED BY: SCOTT R. BAKER
Director of Building and Engineering Services
SRB:ms 10/26/93 9:11 am
N:\SHARE\TCPATAKI
EN: 14:\CNCLRPTS\PATAKI
File #
Distribution: Ladislav and Gizela Pataki, 129 Wheeler Avenue, Los Gatos, CA 95030
Reviewed by:
Attorney
Clerk 7 Finance Treasurer
RESOLTJTION 1993-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AN RELEASE AGREEMENT WITH
LADISLAV PATAKI & GIZELA PATAKI
WHEREAS, Owners warrant that they are the fee owners of the property located
at 129 WHEELER AVENUE (APN 532-36-017), Town of Los Gatos, County of Santa
Clara, State of California (hereinafter "Property"), and
WHEREAS, the Town of Los Gatos has undertaken a public improvement project
to rehabilitate storm drainage facilities in the neighborhood of the Property, and as part
of the improvement project, the Town has offered to enter the Property and remove an
existing wooden box culvert insofar as practical and accessible, and
WHEREAS, the Owners want to undertake that removal or other work on the box
culvert on their own and do not wish the Town or its contractors to do the work, and
WHEREAS, the Town is willing to pay over to the Owners its estimated savings
from not doing the work, subject to the conditions contained in this Agreement,
BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Mayor is authorized to enter into said agreement
(attached) as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 1st day of November, 1993, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
AI 1EST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\SHARE\TCPATAKI
EN14:\CNCLRPTS\PATAKI
ATTACHMENT 1
RESOLUTION 1993-157
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AN RELEASE AGREEMENT WITH
LAOISLAV PATAKI & OIZELA PATAKI
WHEREAS, Owners warrant that they are the fee owners of the property located
at 129 WHEELER AVENUE (APN 532-36-017), Town of Los Gatos, County of Santa
Clara, State of California (hereinafter "Property"), and
WHEREAS, the Town of Los Gatos has undertaken a public improvement project
to rehabilitate storm drainage facilities in the neighborhood of the Property, and as part
of the improvement project, the Town has offered to enter the Property and remove an
existing wooden box culvert insofar as practical and accessible, and
WHEREAS, the Owners want to undertake that removal or other work on the box
culvert on their own and do not wish the Town or its contractors to do the work, and
WHEREAS, the Town is willing to pay over to the Owners its estimated savings
from not doing . the work, subject to the conditions contained in this Agreement,
BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Mayor is authorized to enter into said agreement
(attached) as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 1st day of November, 1993, by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
J
Mayor Joanne Benjamin
y
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Joanne Benjamin
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
A I EST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
AGR:_J3:
RELEASE AGREEMENT RE r
For valuable consideration as specified in this Agreement, the Town of Los Gatos
'Town")
(hereinafter and Ladislav Pataki Gizela Pataki (hereinafter "Owners"), on behalf
of themselves, their heirs, successors, and assigns, agree as follows:
WHEREAS, Owners warrant that they are the fee owners of the property located
Pe �
at 129 WHEELER AVENUE (APN 532-36-017), Town of Los Gatos, Countyof Santa
a
Clara, State of California (hereinafter "Property"), and
WHEREAS, the Town of Los Gatos has undertaken a public improvement project
to rehabilitate storm
drainage facilities in the neighborhood of the Property,and a
as part of
the improvement project, the Town has offered to enter the Property and
p ty remove o e an
existing wooden box culvert insofar as practical and accessible, and
WHEREAS, the Owners want to undertake that removal or other work on the bo
x
culvert on their own and do not wish the Town or its contractors to do the work, and
WHEREAS, the Town is willing to pay over to the Owners its estimated savin
gs
from not doing the work, subject to the conditions contained in this Agreement,
gr ent,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Town shall pay Owners the sum of $558.O0 without for
.admitting liability the
wooden box culvert in any way.
2. Owners hereby acknowledge ownership and accept responsibility for the wooden
p P ty o en
box culvert on the Property and hereby release the To its officers, boards,. �� commissions,
employees, and agents from any and all damages, claims or other liabilities, whether known
or unknown, that exist or that might arise in any wayat anytime because of the existence, . s ence,
removal, repair, or other aspect of the wooden box culvert existing on the Property. There
is a risk that subsequent to the execution of this Agreement, the Owners or their heirs,
successors, or assigns may incur or suffer loss, damages, or damages that are in some way
connected to the wooden box culvert, but that are unknown or unanticipated at the time
this1� F . . Release is executed. The Owners hereby assume the above -mentioned risks and
d
understand that this Agreement applies to all unknown or unanticipated results of
p the
transactions
and occurrences described above, as well as those known and anticiP ate d and
the Owners hereby waive any and all rights under California Civil Code § 1542, which reads
as follows:
"A general release does not extend to claims which the creditor does not know
or suspect to exist in his favor at the time of executing the release, which if known
by him must have materially affected his settlement with the debtor."
N:\ATY\PATAKIRL.DFs 1
10/11/93
EXHIBIT A
4. This is the entire agreement between the parties, and all preliminary and contemporaneous
agreements and understandings are merged and incorporated into this Agreement.
Dated:
Dated:
APPROVED AS TO FORM:
TOWN ATT RNEY-
N:\ATV\PATAKZRLDES 2
LADI LAV PATAKI
G1ZELA PATAKI
TOWN OF LOS GATOS
By
AY
ATTEST:
MARIAN V. COSGROVE
CLERK OF THE TOWN OF LOS GATOS
10/11/93
') INTERNAL TRACKING
COMPLETE AND INITIAL EACH STEP
&CTION�4 � � �15-km
AGENDA ITEM:
RESOLUTION/ORDINANCE NUMBER � DESCRIPTION: DATE
LIST IN BOOK
‘711
99' 161
ON DISC? MARIAN'S FORM SENT TO DEPT.
PUBLISH IF REQUIRED - Indicate date of
ORDINANCES ONLY Publication.
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
SEND COPIES TO DEPT. DISTRIBUTION LIST
Dist. Report Date: NO.of COPIES:
TYPE ENVELOPES AND MAIL
SIGN BY CLERK/SEAL
BY
/i'
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
PUT OUR /s/ COPY IN BASKET.
FILE IN .VAULT
111
pos
I�
SEND FOR CODIFICATION IF ORDINANCE
dk:d8: jother\ordres2
Ti
JFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA rTEM:
SUBJECT:
Number:
Date of Adopt:
RESOLUTION
LaLi3 J57
II—i —q3
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS NAMES:
93oy
Number:
Date of Intro:
Date of Adopt:
ZONE CHANGE:
Randy Attaw►sy, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor(or. Chairman) Joanne Benjamin
ORD tNArvCE
ORDINANCES and RESOLUTIONS MU,ST BE RETURNED TO TOWN CLERK
BY MMLESDAY AT 12 NQ4N•
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
CIA:O 12: \OTHEF\OROAE$
0„&t,e, azh4-
*bt,
November 18, 1992
Members of the Planning Commission
Town of Los Gatos
110 E. Main Street
Los Gatos, California 95032
My name is Ione Larson. I am a long-time resident of San
Jose and have also lived in Los Gatos. I am and have been
active in community organizations and activities for many
years. I have also used crutches and a wheelchair for many
years.
I am here to speak in favor of the Cilker farnily's
sidewalk relocation plan for their shopping center on Los
Gatos Boulevard.
Safety and convenience, including accessibility, are most
important priorities for people with disabilities. Parking
lots require alertness for everyone because of the mix of
cars and pedestrians. For those people who are not agile,
who must literally think about every step they take,
for those who are very short, including those of us who sit
in wheelchairs, and those with other handicaps, parking lots
require special care.
That is why I like the Cilker plan. The pathway from
Los Gatos Boulevard is definitely delineated and crosses only
one driveway which is in an area where people drive more
slowly. The pathway is flat with no slopes and no danger of
water which is very irnportant to the safety of those with
walking or seeing disabilities.
As for convenience most people with disabilities will
probably be driving orbrought by car and will park in the
handicapped spaces provided in front of the stores. Those
who come from Los Gatos Boulevard will more than likely come
by bus. The plans show that access is equally convenient to
both pathways but the Cilker pathway would not cross any
driveway from Los Gatos Boulevard.
From the viewpoint of a physically disabled person, I
believe the Cilker plan is safer and as convenient and I
would concur with their request to build the pathway next to
the main entrance.
Thank you,
46_444..)
I one M. Larson
1142 So. Genevieve Ln.
San Jose, California 95128
408/?96-0944
November 1, 1993
Los Gatos, California
WEEDS/PTJBLIC 1 TUISANCE/ABATEMENT/RESOLUTION 1993-151 (20.27)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-151
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING WEEDS A PUBLIC
NUISANCE AND PROVIDING FOR THEIR ABATEMENT. Carried unanimously
TOWN MANAGER/PERFORMANCE BONUS/RESOLUTION 1993-152 (21.10)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-152
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AWARDING TOWN MANAGER
AN EXCEPTIONAL PERFORMANCE BONUS. Carried unanimously
CLASSIFICATION PLAN/RESOLUTION 1993-153 (22.10)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-153
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE POSITION AND
CLASSIFICATION PLAN. Carried unanimously
TOWN MANAGER/ABSENCE/CHAIN OF RESPONSIBILITY/RESOLUTION 1993-154 (23.10)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-154
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHIN A PR 1 ESS AND
ORDER OF SUCCESSIQN DURING THE ABSENCE OR UNAVAILAB I LITY OF THE TOWN
MANAGER. Carried unanimously
TAX AUDIT/MUNICIPAL RESOURCE CONSULTANTS/RESOLUTION 1993-155 (24A.06)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-155
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER
TO EXECUTE AMENDMENT NO.1 TO CONTRACT WITH MUNICIPAL RESOURCE
CONSULTANTS TO ADD PROPERTY TAX AUDIT SERVICES. Carried unanimously
TAX AUDIT SERVICES/REDEVELOPMENT AGENCY/RESOLUTION 1993-156 (24B.06)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-156
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER
Ta EXECUTE AGREEMENT BETWEEN TOWN OF LOS GATOS AND THE TOWN OF LOS
GATOS REDEVELOPMENT AGENCY TO ACT AS CONTRACTING AND PAYIN AGENT
FOR PROPERTY TAX AUDIT SERVICES. Carried unanimously
9309 PROJECT/STORM DRAIN BOX CULVERT/PATAKI/RESOLUTION 1993-157 (26.35)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-157
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION
OF A RELEASE AGREEMENT WITH LADISLAV PATAKI AND GIZELA PATAKI. Carried
unanimously.
ANNEXATION/LOS GATOS BOULEVARD 13/RESOLUTION 1993-158 (27.04)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-158
entitled, RESOLUTION OF THE TOWN OF LOS GATOS INITIATING PROCEEDING FOR
THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY _DESIGNATED AS. LOS
GATOS BOULEVARD 13 TO THE TOWN OF LOS GATOS. Carried unanimously
TC: D5: MM110193
4
TOWN OF LOS GATOS
NOTICE To CONTRACTQRS
Sealed proposals will be received at the office of the Town Clerk, 110 E. Main St., Los Gatos, CA
95030, until
3:00 P.M. WEDNESDAY _
for the following CONSOLIDATED STORM DRAIN PROJECTS:
J U LY 14, 1993
BASE BID
9309 - Wheeler Avenue/Yosemite Way Storm Drain
9309 Extension - Hollywood Avenue Storm Drain
9312 - Bayview Avenue Storm Drain and Street Rebuild
9315 - College Avenue, Culvert and Swale
9316 - Belcrest Avenue, Double Q.I. and Lateral, and C.& G. Replacement
ALTERNATE BID
9309-1 - Remove Redwood Box Culvert
9309-2 - 141 Wheeler Avenue, Sump Pump and 2 Inch Discharge
9310-1 - N. Santa Cruz Avenue Storm Drain Main Extension
9312-1 - Fairview and Pennsylvania Avenues Storm Drain and Driveway
Grates
9315-1 - College Avenue (Upper), Excavate and Concrete Line Channel
at which time they will be publicly opened and read aloud.
This following information is presented to indicate the size of the project and no warrant is made or
intended as to final quantities: This project consists of constructing several consolidated
storm drain projects, large and small, at various locations within the Town of Los Gatos. Of
these projects, almost half are designated base bid projects with the remainder being
alternate bid projects. These consolidated projects mainly call for construction of
approximately 200 L.F. of 15" R.C.P.; 650 L.F. of 18" R.C.P.; 360 L.F. of 24" R.C.P.; 28 L.F. of
concrete encased, bituminous coated, 18"x 24" arched C.S.P.; 8 D.I.'s; 8 manholes; 8 drain
inlets; a combined total of 150 L.F. of curb and gutter, and concrete swale; and the regrading
and reconstruction of 2,600 square feet of an existing A.C. on concrete slab street to an A.C.
on base rock street. The many included appurtences are described in the Plans and
Specifications.
A class "A" General Engineering License is required.
Information for bidders, plans, specifications and forms for bidding this project may be obtained
from Building and Engineering Services, 110 E. Main Street, Los Gatos, CA 95032, weekdays,
excluding holidays, between 8:00 a.m. and 12:00 noon and between 1:00 p.m. and 5:00 p.m.
Monday through Thursday and 8:00 a.m. to 12:00 noon on Friday. A non-refundable fee of $25.00
will be charged per set.
By order of the Town Council on March 15, 1993.
Attest:
Marian n V. Cosgrove
Town Clerk