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4DATE: TO: FROM: MEETING DATE: 12 -17 -12 ITEM NO: H COUNCIL AGENDA REPORT DECEMBER 11, 2012 MAYOR AND TOWN COUNCIL GREG LARSON TOWN MANAGER G SUBJECT: APPOINT ERICA GOSS TO THE POSITION OF POET LAUREATE FOR THE TOWN OF LOS GATOS FOR THE TERM BEGINNING JANUARY 1, 2013 TO DECEMBER 31, 2014 RECOMMENDATION: Appoint Erica Goss to the position of Poet Laureate for the Town of Los Gatos for the term beginning January 1, 2013 to December 31, 2014. BACKGROUND: The Town Council re- established the position of Poet Laureate for the Town of Los Gatos in 2010, and appointed Parthenia Hicks to the position on April 5, 2010. Ms. Hicks has served as Poet Laureate since that time, providing original poems for the new Library ground- breaking, time capsule installation, and grand opening, as well as many other activities throughout her term which ends on December 31, 2012. A Poet Laureate Selection Committee was formed to recommend a new Poet Laureate for the Town. The Committee was comprised of Council member Steve Leonardis, Arts and Culture Commissioner Dennise Carter, Library Board member Lyn Dougherty, Friends of the Library Board member Rita Baum,locaLpoet _Mary-Lou-T -aylor-, and Henry Bankhead, Interim Town Librarian. The Poet Laureate Selection Committee recommends that the council appoint Eric Goss to be the Los Gatos Poet Laureate for the term beginning Jan 1, 2013 and ending December 31, 2014. DISCUSSION: The search for a new Poet Laureate began in October with a call for Poet Laureate applications issued through outreach to the poetry community, the Town website and flyers posted in the library. A total of paw&(ate PREPARED BY: PAMELA JACOBS ASSISTANT TOWN MANAGER Reviewed by: Assistant Town Manager umsermplacobs0esktop \Town Council Report Poet Laureate2012,docx Town Attorney PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: APPOINT ERICA GOSS TO THE POSITION OF POET LAUREATE FOR THE TOWN OF LOS GATOS FOR THE TERM BEGINNING JANUARY 1, 2013 TO DECEMBER 31, 2014 DECEMBER 11, 2012 five applications were received. The Selection Committee interviewed four applicants, as the fifth applicant was unavailable due to a previously scheduled out of town trip. The Selection Committee unanimously selected Erica Goss from the candidates for Poet Laureate. Ms. Goss is an award - winning poet with numerous honors and accolades, is well connected to the local poetry community through her work with Poetry San Jose, and is committed to the role of Poet Laureate with regards to connecting the community to the world of poetry. Ms. Goss has a vibrant personality and an expressive use of language, and will serve as an effective ambassador for the Town. It was noted that Ms. Goss has a Los Gatos address, but does not live within Town limits. As the application did not specify that applicants had to live within Town boundaries, it is recommended that the Council. - approve the recommendation of the Selection Committee to appoint Ms. Goss as the Poet Laureate. It is further recommended that Council direct staff to bring back to Council prior to the selection process for the next Poet Laureate a policy regarding the residency requirements. CONCLUSION: The Poet Laureate Selection Committee recommends that the council appoint Eric Goss to be the Los Gatos Poet Laureate for the term beginning Jan 1, 2013 and ending December 31, 2014. ENVIRONMENTAL ASSESSMENT: Is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: Costs associated with the Poet Laureate program have been absorbed primarily by the previous Poet Laureate. It is recommended that an allocation of $1,500 be made to reimburse the previous Poet Laureate, Parthenia -Hicks, for -a- portion of the expenses- -she incurred during her term. it is further recommended that $500 be allocated to cover expenses associated with activities and events organized by the new Poet Laureate during the first six months of her term. Sufficient funds are available in the Manager's Contingency fund to cover these costs. Staff also recommends including an ongoing allocation of $1,000 per year for the Poet Laureate program beginning in the FY 2013/14 operating budget, with the source of funding yet to be identified. �pW N 0 COUNCIL AGENDA REPORT Og'.G p�0 DATE: DECEMBER 6, 2012 MEETING DATE: 12/17/12 ITEM NO: 9 TO: MAYOR AND TOWN COUNCIL *� FROM: GREG LARSON, TOWN MANAGER SUBJECT: TRACT NO. 10012 THE _ PRESERVE AT ROSS CREEK (15881 LINDA AVENUE ADOPT RESOLUTION TO DEDICATE EASEMENT FOR FLOOD PROTECTION AND STORM WATER PURPOSES TO THE SANTA CLARA VALLEY WATER DISTRICT OVER PORTION OF ROSS CREEK DESCRIBED AS LOT B OF TRACT NO. 10012 THE PRESERVE AT ROSS CREEK (15881 LINDA. AVENUE), AND AUTHORIZING THE TOWN MANAGER TO EXECUTE GRANT DEED. RECOMMENDATION: Adopt resolution to dedicate easement for flood protection and storm water purposes to the Santa Clara Valley Water District over portion of Ross Creek described as Lot B of Tract No. 10012 the Preserve at Ross Creek (15881 Linda Avenue), and authorizing the Town Manager to execute grant deed. BACKGROUND: The Town Council adopted Ordinance 2193 on September 20, 2010, approving planned development application PD- 08 -04. Ordinance 2193 approved demolition of a single - family residence and a non - permitted .dwelling _unit.- and-r-onstr_uctkm-of 7 new single- family residences. The Development Review Committee approved the Tentative Map (M -10 -008) on October 19, 2010. The Final Map for Tract No. 10012 was approved by Town Council on June 20, 2011, Resolution 2011 -043. DISCUSSION: Condition of approval No. 70.f of Ordinance 2193 required the developer to dedicate the Riparian Parcel identified on the Tentative Map in fee to the Town of Los Gatos. The same condition also required the developer to dedicate a flood control and maintenance easement over PREPARED BY: TODD CAPURSO C Director of Parks and Public Works Reviewed by: '�( Assistant Town Manager Town Attorney Finance N:\PPW\ MANAGEMENT \COUNCIL \COUNCIL REPORTS\2012 Reports \121712 \Tract -10012 Easement Grant.docx PAGE 2 DECEMBER 6, 2012 MAYOR AND TOWN COUNCIL SUBJECT: TRACT NO 10012 THE PRESERVE AT ROSS CREEK (15881 LINDA AVENUE DISCUSSION (cont'd): the Riparian Parcel to the Santa Clara Valley Water District. The Final Map for Tract 10012, recorded July 6, 2011 in Book 845 of Maps at pages 52 - 54, dedicated Lot B (.Riparian Parcel) in fee to the Town of Los Gatos. The Town of Los Gatos, as owner of the Riparian Parcel, must now grant the flood control and maintenance easement to the Santa Clara Valley Water District to comply with PD Ordinance 2193. ENVIRONMENTAL ASSESSMENT: This activity is a project as defined under the California Environmental Quality Act (CEQA) but is ministerial; therefore no further action is required under CEQA. FISCAL IMPACT: There is no direct known fiscal impact associated with granting the flood control and maintenance easement to the Santa Clara Valley Water District. Attachments: 1. Resolution Granting Flood Control and Maintenance Easement 2. Grant Deed Flood Control and Maintenance Easement Distribution Mission Way Partners, LLC, 214 Almendra Ave, Los Gatos, CA 95030 Colleen Haggerty, SCVWD, 5750 Almaden Expressway, San Jose, CA 951183614 Attachment 1 RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO DEDICATE EASEMENT FOR FLOOD PROTECTION AND STORM WATER PURPOSES TO THE SANTA CLARA VALLEY WATER DISTRICT OVER PORTION OF ROSS CREEK DESCRIBED AS LOT B OF TRACT NO. 10012 THE PRESERVE AT ROSS CREEK (15881 LINDA AVENUE), AND AUTHORIZING THE TOWN MANAGER TO EXECUTE GRANT DEED WHEREAS, on September 20, 2010, the Council of the Town of Los Gatos adopted Ordinance 2193 and approved Planned Development application PD- 08 -04, with conditions; and WHEREAS, those conditions require the Subdivider to dedicate fee title to the Riparian Parcel to the Town of Los Gatos, and a Flood Control and Maintenance easement to the Santa Clara Valley Water District; and WHEREAS, the Subdivider dedicated the Riparian Parcel to the Town of Los Gatos on Tract Map No. 10012, recorded in the Santa Clara County Recorder's Office in book 845 of maps, pages 52 - 54 on July 6, 2011; and WHEREAS, the Town of Los Gatos owns the Riparian Parcel and wishes to grant an easement for flood protection and storm water drainage purposes to the Santa Clara Valley Water District in compliance with Ordinance 2193. NOW, THEREFORE, IT IS RESOLVED that the Town Manager is hereby authorized to execute the Grant Deed to dedicate an easement for flood control and storm water drainage purposes to the Santa Clara Valley Water District. PASSED AND ADOPTED at a regular meeting of the Town Council held on the _ "' day of 2012 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA THIS PAGE INTENTIONALLY LEFT BLANK RECORD WITHOUT FEE UNDER SECTION 6103 GOVERNMENT CODE OF THE STATE OF CALIFORNIA AFTER RECORDING RETURN TO: REAL ESTATE SERVICES UNIT SANTA CLARA VALLEY WATER DISTRICT 5750 ALMADEN EXPRESSWAY SAN JOSE, CALIFORNIA 95118 SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENT NO.: 3023 -103 Town of Los Gatos, a Municipal Corporation, hereinafter "Grantor," does hereby grant, convey and dedicate to the SANTA CLARA VALLEY WATER DISTRICT, a Special District, created by the California Legislature (District), an easement for flood protection and /or storm water drainage purposes in, upon, over, and across that certain real property in the Town of Los Gatos, County of Santa Clara, State of California, described as: EXHIBIT -A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE Said easement area shall be kept clear of any type of building, fences, structure, pavement, or trees unless prior written approval is obtained from the District as evidenced by a District permit. The easement includes the right to construct, reconstruct, inspect, maintain, and repair a channel, protection works, and appurtenant structures, together with the right to trim or remove' such trees or brush within the easement area as may constitute a hazard to persons or property or may interfere with the use of said area for the purpose granted. It also includes the right to enter upon said land with vehicles, tools, implements, and other materials, take there from and ATTACHMENT 2 DOCUMENT NO.: 3023 -103 use earth, rock, sand, and gravel for construction, maintenance, and repair of said channel, protection works, and appurtenant structures by said ' District, its officers,, agents, and employees, and by persons under contract with it and their employees whenever and wherever, within the easement, necessary for flood control or storm drainage purposes. District will not be responsible for the private storm drain system and outfall serving the Preserve at Ross Creek development, or for property maintenance, including litter - removal and vegetation management. Grantor shall hold District harmless from claim or liability by reason of injury (including death) to persons or damade, to property, other than, any damages proximately caused by District, arising out of the use of premises described above. (As used above, the term "grantor" shall include the plural as well as the singular number. The words "himself and "his" shall include the feminine gender as the case may be.) IN WITNESS WHEROF, Grantor has executed this Grant of Easement on this —day of 2012. GRANTOR: TOWN OF LOS GATOS, a municipal corporation By: Name/Title- Greg- Larson/Town -Manager - ATTEST By . Name/Title: Mazariri Vakhar`ia /Clerk Administrator APPROVED AS TO FORM By: Name/Title: Judith Propp/Town.,Attorney N:\PPW\ENGINEERING\DRC\LindaAve-15881-TractlOO12\SCVWD\v3 town FC 1016201- 22 -09) Working_1 ch- comments_TLG_Rev.d oc Page 2 of 4 DOCUMENT NO.: 3023 -103 ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA SS COUNTY OF SANTA CLARA On this _ day of , in the year 20 —, before me Notary Public, personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said County and State CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ Individual ❑ Corporate Officer(s): ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact Signer is Representing (Name of Person(s) or Entity(ies) ❑ Trustee (s) ❑ Guardian /Conservator ❑ Other: NAPPIMENGINEERING\DRMLinda Ave -15881 -Tract 10012 \SCVWD \v3 townFC _1016_(01- 22- 09)_Working_1 ch- comments TLG Rev.doc Page 3 of 4 DOCUMENT NO.: 3023 -103 CERTIFICATE OF CONSENT AND ACCEPTANCE This is to certify that the interest in real property conveyed by the attached Deed or Grant to Santa Clara Valley Water District is hereby accepted by the undersigned duly authorized agent on behalf of the Board of Directors of said Santa Clara Valley Water District, pursuant to authority conferred by Resolution No. 68 -25 of said Board of Directors adopted'on the 26th day of March 1968, recorded March 27, 1968, in Book 8069 Page 535, Official Records of Santa Clara County, California, and the Grantee consents to recordation thereof by its said duly authorized agent. Dated: 20 Santa Clara Valley Water District By: Chief Executive Officer /Clerk of th&Board of Directors (Strike out inapplicable one) NAPP\MENGI NEE RING \DRC \Linda Ave- 15881 -Tract 10012 \SCVWD \v3 townFC 1016_(01- 22- 09)_Working_1 ch- comments TLG_Rev.doc Page 4 .of 4 EXHIBIT A LEGAL DESCRIPTION Santa Clara Vdllcy Water District Easement Dedication over Ross Creek All that land situated in Town.of Los Gatos, County of Santa Clara, State of California more particularly described as fbIlows: . Beginning at the Northwest coftier of the property as shown on the subdivision map of Tract 10012, recorded in Book 845 of Maps at Pages 52-54, Santa. Clara County Records; Thence along the Northerly boundary of said Tract North 60 Degrees 18 Minutes 00 Seconds East a length of 161.11 feet; thence North 43 Degrees 43 .Minutes 00 Seconds East a length. of 187.23 feet; thence North 63 Degrees 15 Minutes 00 Seconds East a length of 108.48 feet to the Northeasterly corner of said Tract; thence along the Easterly line of said Tract South 12 Degrees 30 Minutes 00 seconds East a length of 18.02 feet to the top of bank of Ross Crcek; thence leaving said line and along the top of bank. South 15 Degrees 00 Minutes 21 Seconds West a length of 26.65 feet; thence South. 49 Degrees 45 Minutes 55 Seconds West a length of 43.9-9 feet; thence South 67 Degrees 27 Minutes 30 Seconds West a length of 28.35 feet-, thence South 30 Degrees 30 Minutes 43 Seconds West a length of 19.69 Rct; thence South 57 Degrees 54 Minutes 34 Seconds West a length of 6.69 feet; thence 107.18 feet along a tangent curve to the left, said curve having a radius of 250.00 feet and delta 24 Degrees 33 Minutes 49 Seconds; thence South 33 Degrees 20 Minutes 45 Seconds West a length of 21.89 feet; thence 98.11 feet along a tangent curve to the right, said curve having a radius of 150.00 feet and delta 37 Degrees 28 Minutes 25 Seconds; thence South 70 Degrees 49 Minutes 10 Seconds West a. length of 71.51 feet; thence North 83 Degrees 13 initiates 32 Seconds West a length of 25.39 feet; thence South 3 )9 Degrees 42 Minutes 2' :> Seconds West a length of 18.14 feet to the Westerly line of said Tract; thence North 12 Degrees 49 Minutes 00 Seconds West a length of 6.95 feet to the point of beginning. Containing 9,640 sq. ft. (0.221 acres) more or 16ss VAND No, 495 kP- 12-31-413 PAGE 1 OF 2 A PLAT TO ACCOMPANY A DESCRIPTION S12'301001E .18.02 N30.30'43'E 19,69 6,6 n 40 54'34•E 6 69 % 4 i S S.E. AN6 SCVWD EASEMENT / INGRESS & 9,630 sq. f ,�. 1 EGRESS f , FOR S.C.V.W.D. t'_ / 1 1 2 1 t 4z t � h. Q 65 1�249'00'W OMMON AREA S83'i3 0E 27,049 sq. ft. 25.39' X. AN. SEkR EASEM. ../ ✓ IWkES 7 4 & EGRESS SIDEWALK %, EASEMENT EASEMENT ,✓ N39'42'23'Ee. i 18.14 loop t j BRBi,� 4 No, 4953 ' xp,1 1-2013 INGRESS, EGRESS SANITARY SEWER, - in PRIVATE AND PUBLIC SERVICE EASEMENT AND AMERGENCY ACCESS y —0 �. WESTFALL ENGINEERS, INC. � 2aa3 —ase PAGE 2OF2